Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 43 Third Substitute (2023GS)

Sponsor

Sen. Pitcher, S.

Final action

Governor Signed 3/20/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• creates classifications for types of public notices where each classification requires notice to be provided in specific ways;
• amends public notice provisions to implement the new classification system; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

PUBLIC NOTICE REQUIREMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor: 
Norman K Thurston
LONG TITLE
General Description:
This bill amends provisions relating to providing public notices.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ creates classifications for types of public notices where each classification requires
notice to be provided in specific ways;
▸ amends public notice provisions to implement the new classification system; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-17-109
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-25-201
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-25-401
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-30-106
, as last amended by Laws of Utah 2021, Chapters 84, 345
7-1-706
, as last amended by Laws of Utah 2021, Chapters 84, 345
7-2-6
, as last amended by Laws of Utah 2015, Chapter 258
8-5-6
, as last amended by Laws of Utah 2021, Chapter 355
9-8-805
, as last amended by Laws of Utah 2019, Chapter 221
10-2-406
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
10-2-407
, as last amended by Laws of Utah 2022, Chapter 355
10-2-415
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
10-2-418
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
10-2-419
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
10-2-501
, as last amended by Laws of Utah 2022, Chapter 355
10-2-502.5
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
10-2-607
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
10-2-703
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
10-2-708
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
10-2a-207
, as last amended by Laws of Utah 2021, Chapters 84, 112, 345, and 355
10-2a-210
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
10-2a-213
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
10-2a-214
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
10-2a-215
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
10-2a-404
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
10-2a-405
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
10-2a-410
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
10-3-301
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
10-3-711
, as last amended by Laws of Utah 2021, Chapter 355
10-3-818
, as last amended by Laws of Utah 2021, Chapters 84, 345
10-3c-204
, as last amended by Laws of Utah 2021, Chapter 210 and last amended by
Coordination Clause, Laws of Utah 2021, Chapter 367
10-5-107.5
, as last amended by Laws of Utah 2021, Chapters 84, 345
10-5-108
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
10-6-113
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
10-6-135.5
, as last amended by Laws of Utah 2021, Chapters 84, 345
10-6-152
, as last amended by Laws of Utah 2021, Chapter 355
10-7-16
, as last amended by Laws of Utah 2021, Chapter 355
10-7-19
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
10-8-2
, as last amended by Laws of Utah 2022, Chapter 307
10-8-15
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
10-9a-203
, as last amended by Laws of Utah 2021, Chapters 84, 162 and 345
10-9a-204
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
10-9a-205
, as last amended by Laws of Utah 2022, Chapter 355
10-9a-208
, as last amended by Laws of Utah 2021, Chapters 84, 345
10-18-203
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
10-18-302
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
10-18-303
, as last amended by Laws of Utah 2021, Chapter 355
11-13-204
, as last amended by Laws of Utah 2021, Chapters 84, 345
11-13-219
, as last amended by Laws of Utah 2021, Chapter 355
11-13-509
, as last amended by Laws of Utah 2021, Chapters 84, 345
11-14-202
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
11-14-315
, as last amended by Laws of Utah 2021, Chapter 355
11-14-316
, as last amended by Laws of Utah 2013, Chapter 107
11-14-318
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
11-14a-1
, as last amended by Laws of Utah 2021, Chapter 355
11-17-16
, as last amended by Laws of Utah 2011, Chapter 145
11-27-4
, as last amended by Laws of Utah 2011, Chapter 145
11-27-5
, as last amended by Laws of Utah 2010, Chapter 378
11-30-5
, as last amended by Laws of Utah 2021, Chapter 355
11-32-10
, as last amended by Laws of Utah 2009, Chapter 388
11-32-11
, as last amended by Laws of Utah 2009, Chapter 388
11-36a-501
, as last amended by Laws of Utah 2021, Chapters 84, 344
11-36a-503
, as last amended by Laws of Utah 2021, Chapters 84, 345
11-36a-504
, as last amended by Laws of Utah 2021, Chapters 84, 345
11-39-103
, as last amended by Laws of Utah 2021, Chapter 355
11-42-202
, as last amended by Laws of Utah 2021, Chapters 84, 345, 355, and 415
11-42-301
, as last amended by Laws of Utah 2021, Chapter 355
11-42-402
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
11-42-404
, as last amended by Laws of Utah 2021, Chapter 355
11-42-604
, as last amended by Laws of Utah 2014, Chapter 189
11-42a-201
, as last amended by Laws of Utah 2021, Chapter 355
11-42b-104
, as enacted by Laws of Utah 2022, Chapter 376
11-42b-108
, as enacted by Laws of Utah 2022, Chapter 376
11-42b-109
, as enacted by Laws of Utah 2022, Chapter 376
11-42b-110
, as enacted by Laws of Utah 2022, Chapter 376
11-58-502
, as last amended by Laws of Utah 2021, Chapters 84, 345
11-58-503
, as last amended by Laws of Utah 2021, Chapters 162, 345
11-58-701
, as last amended by Laws of Utah 2022, Chapter 207
11-58-901
, as last amended by Laws of Utah 2021, Chapter 282
11-59-501
, as last amended by Laws of Utah 2021, Chapter 282
11-65-204
, as enacted by Laws of Utah 2022, Chapter 59
11-65-402
, as enacted by Laws of Utah 2022, Chapter 59
11-65-601
, as enacted by Laws of Utah 2022, Chapter 59
17-27a-203
, as last amended by Laws of Utah 2021, Chapters 84, 162 and 345
17-27a-204
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
17-27a-205
, as last amended by Laws of Utah 2022, Chapter 355
17-27a-208
, as last amended by Laws of Utah 2021, Chapters 84, 345
17-27a-306
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
17-27a-404
, as last amended by Laws of Utah 2022, Chapters 282, 406
17-36-12
, as last amended by Laws of Utah 2021, Chapters 84, 345
17-36-26
, as last amended by Laws of Utah 2021, Chapters 84, 345
17-41-302
, as last amended by Laws of Utah 2021, Chapter 355
17-41-304
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
17-41-405
, as last amended by Laws of Utah 2022, Chapter 274
17-50-303
, as last amended by Laws of Utah 2021, Chapters 84, 345
17B-1-106
, as last amended by Laws of Utah 2021, Chapters 84, 162, 345, and 382
17B-1-111
, as last amended by Laws of Utah 2021, Chapter 355
17B-1-211
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
17B-1-304
, as last amended by Laws of Utah 2022, Chapter 381
17B-1-306
, as last amended by Laws of Utah 2022, Chapters 18, 381
17B-1-313
, as last amended by Laws of Utah 2021, Chapter 355
17B-1-413
, as last amended by Laws of Utah 2021, Chapters 84, 345
17B-1-417
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
17B-1-505.5
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
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-1-643
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
17B-1-1204
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
17B-1-1307
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
17B-2a-705
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
17B-2a-1007
, as last amended by Laws of Utah 2021, Chapter 355
17B-2a-1110
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
17C-1-207
, as last amended by Laws of Utah 2021, Chapters 84, 345
17C-1-601.5
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
17C-1-701.5
, as last amended by Laws of Utah 2021, Chapter 355
17C-1-804
, as last amended by Laws of Utah 2021, Chapters 84, 345
17C-1-806
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
17C-1-1003
, as enacted by Laws of Utah 2021, Chapter 214
17C-2-108
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
17C-3-107
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
17C-4-106
, as last amended by Laws of Utah 2021, Chapter 355
17C-4-109
, as last amended by Laws of Utah 2021, Chapters 84, 345
17C-4-202
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
17C-5-110
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
17C-5-113
, as last amended by Laws of Utah 2021, Chapters 84, 345
17C-5-205
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
17D-3-305
, as last amended by Laws of Utah 2021, Chapters 84, 345
19-2-109
, as last amended by Laws of Utah 2021, Chapters 84, 345
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-3a-604
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
20A-4-104
, as last amended by Laws of Utah 2022, Chapter 380
20A-4-304
, as last amended by Laws of Utah 2022, Chapter 342
20A-5-101
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
20A-5-403.5
, as last amended by Laws of Utah 2022, Chapter 156
20A-5-405
, as last amended by Laws of Utah 2022, Chapter 170
20A-7-103
, as last amended by Laws of Utah 2022, Chapters 170, 325
20A-7-204.1
, as last amended by Laws of Utah 2021, Chapters 84, 345
20A-7-402
, as last amended by Laws of Utah 2021, Chapters 84, 345
20A-9-203
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
26-8a-405.3
, as last amended by Laws of Utah 2021, Chapter 355
26-61a-303
, as last amended by Laws of Utah 2022, Chapters 290, 415
52-4-202
, as last amended by Laws of Utah 2021, Chapters 84, 345
52-4-302
, as last amended by Laws of Utah 2012, Chapter 403
53B-7-101.5
, as last amended by Laws of Utah 2021, Chapters 84, 345
53E-4-202
, as last amended by Laws of Utah 2022, Chapter 377
53G-3-204
, as last amended by Laws of Utah 2021, Chapters 84, 162 and 345
53G-4-204
, as last amended by Laws of Utah 2021, Chapters 84, 345
53G-4-402
, as last amended by Laws of Utah 2021, Chapters 84, 262, 324, and 345
53G-5-504
, as last amended by Laws of Utah 2021, Chapters 84, 345
54-8-10
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
54-8-16
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
54-8-23
, as last amended by Laws of Utah 2021, Chapter 355
57-11-11
, as last amended by Laws of Utah 2021, Chapters 84, 345
57-13a-104
, as last amended by Laws of Utah 2022, Chapter 274
59-2-919
, as last amended by Laws of Utah 2021, Chapters 84, 345
59-2-919.2
, as last amended by Laws of Utah 2021, Chapters 84, 345
59-12-402
, as last amended by Laws of Utah 2021, Chapter 355
59-12-1102
, as last amended by Laws of Utah 2021, Chapters 84, 345
59-12-2208
, as last amended by Laws of Utah 2021, Chapter 355
62A-5-202.5
, as last amended by Laws of Utah 2021, Chapter 355
63A-5b-305
, as last amended by Laws of Utah 2021, Chapter 355
63A-16-602
, as renumbered and amended by Laws of Utah 2021, Chapters 84, 344 and
last amended by Coordination Clause, Laws of Utah 2021, Chapter 344
63H-1-202
, as last amended by Laws of Utah 2022, Chapters 274, 463
63H-1-701
, as last amended by Laws of Utah 2022, Chapter 463
67-3-13
, as enacted by Laws of Utah 2021, Chapter 155
72-3-108
, as last amended by Laws of Utah 2021, Chapters 84, 345
72-5-105
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
72-6-108
, as last amended by Laws of Utah 2021, Chapter 355
73-5-14
, as last amended by Laws of Utah 2021, Chapters 84, 345
73-10-32
, as last amended by Laws of Utah 2022, Chapter 90
75-1-401
, as last amended by Laws of Utah 2021, Chapters 84, 345
76-8-809
, as last amended by Laws of Utah 2021, Chapter 355
78A-7-202
, as last amended by Laws of Utah 2022, Chapter 276
ENACTS:
63G-28-101
, Utah Code Annotated 1953
63G-28-102
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
 Section 1. Section 
4-17-109
 is amended to read:
4-17-109.
Notice of noxious weeds to be published annually in county -- Notice to
particular property owners to control noxious weeds -- Methods of prevention or control
specified -- Failure to control noxious weeds considered public nuisance.
(1) Each county weed control board before May 1 of each year shall post a general
notice of the noxious weeds within the county [
in at least three public places within the county
]
and publish the [
same
] notice [
on
]:
(a) [
at least three occasions in a newspaper or other publication of general circulation
within
] 
for
 the county
, as a class A notice under Section 
63G-28-102
, for at least seven days
;
and
(b) as required in Section 
45-1-101
.
(2) (a) If the county weed control board determines that particular property within the
county requires prompt and definite attention to prevent or control noxious weeds, the county
weed control board shall serve the owner or the person in possession of the property, personally
or by certified mail, a notice specifying when and what action is required to be taken on the
property.
(b) Methods of prevention or control may include definite systems of tillage, cropping,
use of chemicals, and use of livestock.
(3) An owner or person in possession of property who fails to take action to control or
prevent the spread of noxious weeds as specified in the notice is maintaining a public nuisance.
Section 2. Section 
4-25-201
 is amended to read:
4-25-201.
Possession of estrays -- Determination and location of owner -- Sale --
Disposition of proceeds -- Notice -- Title of purchaser -- Immunity from liability.
(1) (a) Except as provided in Section 
4-25-202
, a county shall:
(i) take physical possession of an estray the county finds within county boundaries;
(ii) attempt to determine the name and location of the estray's owner; and
(iii) contact the local brand inspector.
(b) The department shall assist a county that requests its help in determining the name
and location of the owner or other person responsible for the estray.
(c) (i) Notwithstanding the requirements of Title 67, Chapter 4a, Revised Uniform
Unclaimed Property Act, if the county cannot determine the estray's owner, or, if having
determined ownership, neither the county nor the department is able to locate the owner within
a reasonable period of time, the estray shall be sold at a livestock or other appropriate market.
(ii) The proceeds of a sale under Subsection (1)(c)(i), less the costs described in
Subsection (1)(c)(iii), shall be paid to the county selling the estray.
(iii) The livestock or other market conducting the sale under Subsection (1)(c)(i) may
deduct the cost of feed, transportation, and other market costs from the proceeds of the sale.
(2) A county shall publish notice of the sale of an estray[
:(a) at least once 10 days
before the date of the sale; and(b) through electronic means or in a publication with general
circulation
] within the county where the estray was taken into custody
, as a class A notice
under Section 
63G-28-102
, for at least 10 days before the date of the sale
.
(3) A purchaser of an estray sold under this section shall receive title to the estray free
and clear of all claims of the estray's owner and a person claiming title through the owner.
(4) A county that complies with the provisions of this section is immune from liability
for the sale of an estray sold at a livestock or other appropriate market.
(5) Notwithstanding the requirements of Subsection (1)(c), a county may employ a
licensed veterinarian to euthanize an estray if the licensed veterinarian determines that the
estray's physical condition prevents the estray from being sold.
Section 3. Section 
4-25-401
 is amended to read:
4-25-401.
Impounded livestock -- Determination and location of owner -- Sale --
Disposition of proceeds -- Notice -- Title of purchaser -- Immunity from liability.
(1) As used in this section, "impounded livestock" means the following animals seized
and retained in legal custody:
(a) cattle;
(b) calves;
(c) horses;
(d) mules;
(e) sheep;
(f) goats;
(g) hogs; or
(h) domesticated elk.
(2) (a) A county may:
(i) take physical possession of impounded livestock seized and retained within its
boundaries; and
(ii) attempt to determine the name and location of the impounded livestock's owner.
(b) The department shall assist a county who requests help in locating the name and
location of the owner or other person responsible for the impounded livestock.
(c) (i) Notwithstanding the requirements of Title 67, Chapter 4a, Revised Uniform
Unclaimed Property Act, if the county cannot determine ownership of the impounded livestock,
or, if having determined ownership, neither the county nor the department is able to locate the
owner within a reasonable period of time, the impounded livestock shall be sold at a livestock
or other appropriate market.
(ii) The proceeds of a sale under Subsection (2)(c)(i), less the costs described in
Subsection (2)(c)(iii), shall be paid to the State School Fund created by the Utah Constitution,
Article X, Section 5, Subsection (1).
(iii) The livestock or other market conducting the sale under Subsection (2)(c)(i) may
deduct the cost of feed, transportation, and other market costs from the proceeds of the sale.
(3) A county shall publish the intended sale of the impounded livestock[
:(a) at least 10
days before the date of sale; and(b) through electronic means or in a publication with general
circulation
] within the county where the impounded livestock was taken into custody
, as a class
A notice under Section 
63G-28-102
, for at least 10 days before the date of the sale
.
(4) A purchaser of impounded livestock sold under this section shall receive title to the
impounded livestock free and clear of all claims of the livestock's owner or a person claiming
title through the owner.
(5) If a county complies with the provisions of this section, the county is immune from
liability for the sale of impounded livestock sold at a livestock or other appropriate market.
(6) Notwithstanding the requirements of Subsection (2)(c), a county may employ a
licensed veterinarian to euthanize an impounded livestock if the licensed veterinarian
determines that the impounded livestock's physical condition prevents the impounded livestock
from being sold.
Section 4. Section 
4-30-106
 is amended to read:
4-30-106.
Hearing on license application -- Notice of hearing.
(1) Upon the filing of an application, the department shall set a time for hearing on the
application in the city or town nearest the proposed site of the livestock market and cause
notice of the time and place of the hearing together with a copy of the application to be
forwarded by mail, not less than 15 days before the hearing date, to the following:
(a) each licensed livestock market operator within the state; and
(b) each livestock or other interested association or group of persons in the state that
has filed written notice with the department requesting receipt of notice of such hearings.
(2) Notice of the hearing shall be published 
for
days before the scheduled hearing
date[
:
]
, as a class A notice under Section 
63G-28-102
, for the city or town where the hearing is
scheduled.
[
(a) in a daily or weekly newspaper of general circulation within the city or town where
the hearing is scheduled; and
]
[
(b) on the Utah Public Notice Website created in Section 
63A-16-601
.
]
Section 5. Section 
7-1-706
 is amended to read:
7-1-706.
Application to commissioner to exercise power -- Procedure -- Notice.
(1) Except as provided in Sections 
7-1-704
 and 
7-1-705
, by filing a request for agency
action with the commissioner, any person may request the commissioner to:
(a) issue any rule or order;
(b) exercise any powers granted to the commissioner under this title; or
(c) act on any matter that is subject to the approval of the commissioner.
(2) Within 10 days of receipt of the request, the commissioner shall, at the applicant's
expense, cause a supervisor to make a careful investigation of the facts relevant or material to
the request.
(3) (a) The supervisor shall submit written findings and recommendations to the
commissioner.
(b) The application, any additional information furnished by the applicant, and the
findings and recommendations of the supervisor may be inspected by any person at the office
of the commissioner, except those portions of the application or report that the commissioner
designates as confidential to prevent a clearly unwarranted invasion of privacy.
(4) (a) If a hearing is held concerning the request, the commissioner shall publish
notice of the hearing
,
 at the applicant's expense[
:
]
, for the county where the applicant is
located, as a class A notice under Section 
63G-28-102
, for three weeks before the date of the
hearing.
[
(i) in a newspaper of general circulation within the county where the applicant is
located at least once a week for three successive weeks before the date of the hearing; and
]
[
(ii) on the Utah Public Notice Website created in Section 
63A-16-601
, for three weeks
before the date of the hearing.
]
(b) The notice required by Subsection (4)(a) shall include the information required by
the department's rules.
(c) The commissioner shall act upon the request within 30 days after the close of the
hearing, based on the record before the commissioner.
(5) (a) If no hearing is held, the commissioner shall approve or disapprove the request
within 90 days of receipt of the request based on:
(i) the application;
(ii) additional information filed with the commissioner; and
(iii) the findings and recommendations of the supervisor.
(b) The commissioner shall act on the request by issuing findings of fact, conclusions,
and an order, and shall mail a copy of each to:
(i) the applicant;
(ii) all persons who have filed protests to the granting of the application; and
(iii) other persons that the commissioner considers should receive copies.
(6) The commissioner may impose any conditions or limitations on the approval or
disapproval of a request that the commissioner considers proper to:
(a) protect the interest of creditors, depositors, and other customers of an institution;
(b) protect its shareholders or members; and
(c) carry out the purposes of this title.
Section 6. Section 
7-2-6
 is amended to read:
7-2-6.
Possession by commissioner -- Notice -- Presentation, allowance, and
disallowance of claims -- Objections to claims.
(1) (a) Possession of an institution by the commissioner commences when notice of
taking possession is:
(i) posted in each office of the institution located in this state; or
(ii) delivered to a controlling person or officer of the institution.
(b) All notices, records, and other information regarding possession of an institution by
the commissioner may be kept confidential, and all court records and proceedings relating to
the commissioner's possession may be sealed from public access if:
(i) the commissioner finds it is in the best interests of the institution and its depositors
not to notify the public of the possession by the commissioner;
(ii) the deposit and withdrawal of funds and payment to creditors of the institution is
not suspended, restricted, or interrupted; and
(iii) the court approves.
(2) (a) (i) Within 15 days after taking possession of an institution or other person under
the jurisdiction of the department, the commissioner shall publish a notice to all persons who
may have claims against the institution or other person to file proof of their claims with the
commissioner before a date specified in the notice.
(ii) The filing date shall be at least 90 days after the date of the first publication of the
notice.
(iii) The notice shall be published:
(A) 
for at least 90 days, as a class A notice under Section 
63G-28-102
, for each city or
county in which the institution or other person, or any subsidiary or service corporation of the
institution, maintains an office; and
[
(I) in a newspaper of general circulation in each city or county in which the institution
or other person, or any subsidiary or service corporation of the institution, maintains an office;
and
]
[
(II) published again approximately 30 days and 60 days after the date of the first
publication; and
]
(B) as required in Section 
45-1-101
 for 60 days.
(b) (i) Within 60 days of taking possession of a depository institution, the
commissioner shall send a similar notice to all persons whose identity is reflected in the books
or records of the institution as depositors or other creditors, secured or unsecured, parties to
litigation involving the institution pending at the date the commissioner takes possession of the
institution, and all other potential claimants against the institution whose identity is reasonably
ascertainable by the commissioner from examination of the books and records of the
institution. No notice is required in connection with accounts or other liabilities of the
institution that will be paid in full or be fully assumed by another depository institution or trust
company. The notice shall specify a filing date for claims against the institution not less than
60 days after the date of mailing. Claimants whose claims against the institution have been
assumed by another depository institution or trust company pursuant to a merger or purchase
and assumption agreement with the commissioner, or a federal deposit insurance agency
appointed as receiver or liquidator of the institution, shall be notified of the assumption of their
claims and the name and address of the assuming party within 60 days after the claim is
assumed. Unless a purchase and assumption or merger agreement requires otherwise, the
assuming party shall give all required notices. Notice shall be mailed to the address appearing
in the books and records of the institution.
(ii) Inadvertent or unintentional failure to mail a notice to any person entitled to written
notice under this paragraph does not impose any liability on the commissioner or any receiver
or liquidator appointed by him beyond the amount the claimant would be entitled to receive if
the claim had been timely filed and allowed. The commissioner or any receiver or liquidator
appointed by him are not liable for failure to mail notice unless the claimant establishes that it
had no knowledge of the commissioner taking possession of the institution until after all
opportunity had passed for obtaining payment through filing a claim with the commissioner,
receiver, or liquidator.
(c) Upon good cause shown, the court having supervisory jurisdiction may extend the
time in which the commissioner may serve any notice required by this chapter.
(d) The commissioner has the sole power to adjudicate any claim against the
institution, its property or other assets, tangible or intangible, and to settle or compromise
claims within the priorities set forth in Section 
7-2-15
. Any action of the commissioner is
subject to judicial review as provided in Subsection (9).
(e) A receiver or liquidator of the institution appointed by the commissioner has all the
duties, powers, authority, and responsibilities of the commissioner under this section. All
claims against the institution shall be filed with the receiver or liquidator within the applicable
time specified in this section and the receiver or liquidator shall adjudicate the claims as
provided in Subsection (2)(d).
(f) The procedure established in this section is the sole remedy of claimants against an
institution or its assets in the possession of the commissioner.
(3) With respect to a claim which appears in the books and records of an institution or
other person in the possession of the commissioner as a secured claim, which, for purposes of
this section is a claim that constitutes an enforceable, perfected lien, evidenced in writing, on
the assets or other property of the institution:
(a) The commissioner shall allow or disallow each secured claim filed on or before the
filing date within 30 days after receipt of the claim and shall notify each secured claimant by
certified mail or in person of the basis for, and any conditions imposed on, the allowance or
disallowance.
(b) For all allowed secured claims, the commissioner shall be bound by the terms,
covenants, and conditions relating to the assets or other property subject to the claim, as set
forth in the note, bond, or other security agreement which evidences the secured claim, unless
the commissioner has given notice to the claimant of his intent to abandon the assets or other
property subject to the secured claim at the time the commissioner gave the notice described in
Subsection (3)(a).
(c) No petition for lifting the stay provided by Section 
7-2-7
 may be filed with respect
to a secured claim before the claim has been filed and allowed or disallowed by the
commissioner in accordance with Subsection (3)(a).
(4) With respect to all other claims other than secured claims:
(a) Each claim filed on or before the filing date shall be allowed or disallowed within
180 days after the final publication of notice.
(b) If notice of disallowance is not served upon the claimant by the commissioner
within 210 days after the date of final publication of notice, the claim is considered disallowed.
(c) The rights of claimants and the amount of a claim shall be determined as of the date
the commissioner took possession of the institution under this chapter. Claims based on
contractual obligations of the institution in existence on the date of possession may be allowed
unless the obligation of the institution is dependent on events occurring after the date of
possession, or the amount or worth of the claim cannot be determined before any distribution
of assets of the institution is made to claimants having the same priority under Section 
7-2-15
.
(d) (i) An unliquidated claim against the institution, including claims based on alleged
torts for which the institution would have been liable on the date the commissioner took
possession of the institution and any claims for a right to an equitable remedy for breach of
performance by the institution, may be filed in an estimated amount. The commissioner may
disallow or allow the claim in an amount determined by the commissioner, settle the claim in
an amount approved by the court, or, in his discretion, refer the claim to the court designated by
Section 
7-2-2
 for determination in accordance with procedures designated by the court. If the
institution held on the date of possession by the commissioner a policy of insurance that would
apply to the liability asserted by the claimant, the commissioner, or any receiver appointed by
him may assign to the claimant all rights of the institution under the insurance policy in full
satisfaction of the claim.
(ii) If the commissioner finds there are or may be issues of fact or law as to the validity
of a claim, liquidated or unliquidated, or its proper allowance or disallowance under the
provisions of this chapter, he may appoint a hearing examiner to conduct a hearing and to
prepare and submit recommended findings of fact and conclusions of law for final
consideration by the commissioner. The hearing shall be conducted as provided in rules or
regulations issued by the commissioner. The decision of the commissioner shall be based on
the record before the hearing examiner and information the commissioner considers relevant
and shall be subject to judicial review as provided in Subsection (9).
(e) A claim may be disallowed if it is based on actions or documents intended to
deceive the commissioner or any receiver or liquidator appointed by him.
(f) The commissioner may defer payment of any claim filed on behalf of a person who
was at any time in control of the institution within the meaning of Section 
7-1-103
, pending the
final determination of all claims of the institution against that person.
(g) The commissioner or any receiver appointed by him may disallow a claim that
seeks a dollar amount if it is determined by the court having jurisdiction under Section 
7-2-2
that the commissioner or receiver or conservator will not have any assets with which to pay the
claim under the priorities established by Section 
7-2-15
.
(h) The commissioner may adopt rules to establish such alternative dispute resolution
processes as may be appropriate for the resolution of claims filed against an institution under
this chapter.
(i) In establishing alternative dispute resolution processes, the commissioner shall
strive for procedures that are expeditious, fair, independent, and low cost. The commissioner
shall seek to develop incentives for claimants to participate in the alternative dispute resolution
process.
(j) The commissioner may establish both binding and nonbinding processes, which
may be conducted by any government or private party, but all parties, including the claimant
and the commissioner or any receiver appointed by him, must agree to the use of the process in
a particular case.
(5) (a) Claims filed after the filing date are disallowed, unless:
(i) the claimant who did not file his claim timely demonstrates that he did not have
notice or actual knowledge of the proceedings in time to file a timely proof of claim; and
(ii) proof of the claim was filed prior to the last distribution of assets. For the purpose
of this subsection only, late filed claims may be allowed if proof was filed before the final
distribution of assets of the institution to claimants of the same priority and are payable only
out of the remaining assets of the institution.
(b) A late filed claim may be disallowed under any other provision of this section.
(6) Debts owing to the United States or to any state or its subdivisions as a penalty or
forfeiture are not allowed, except for the amount of the pecuniary loss sustained by the act,
transaction, or proceeding out of which the penalty or forfeiture arose.
(7) Except as otherwise provided in Subsection 
7-2-15
(1)(a), interest accruing on any
claim after the commissioner has taken possession of an institution or other person under this
chapter may be disallowed.
(8) (a) A claim against an institution or its assets based on a contract or agreement may
be disallowed unless the agreement:
(i) is in writing;
(ii) is otherwise a valid and enforceable contract; and
(iii) has continuously, from the time of its execution, been an official record of the
institution.
(b) The requirements of this Subsection (8) do not apply to claims for goods sold or
services rendered to an institution in the ordinary course of business by trade creditors who do
not customarily use written agreements or other documents.
(9) (a) Objection to any claim allowed or disallowed may be made by any depositor or
other claimant by filing a written objection with the commissioner within 30 days after service
of the notice of allowance or disallowance. The commissioner shall present the objection to
the court for hearing and determination upon written notice to the claimant and to the filing
party. The notice shall set forth the time and place of hearing. After the 30-day period, no
objection may be filed. This Subsection (9) does not apply to secured claims allowed under
Subsection (3).
(b) The hearing shall be based on the record before the commissioner and any
additional evidence the court allowed to provide the parties due process of law.
(c) The court may not reverse or otherwise modify the determination of the
commissioner with respect to the claim unless it finds the determination of the commissioner to
be arbitrary, capricious, or otherwise contrary to law. The burden of proof is on the party
objecting to the determination of the commissioner.
(d) An appeal from any final judgment of the court with respect to a claim may be
taken as provided by law by the claimant, the commissioner, or any person having standing to
object to the allowance or disallowance of the claim.
(10) If a claim against the institution has been asserted in any judicial, administrative,
or other proceeding pending at the time the commissioner took possession of the institution
under this chapter or under Chapter 19, Acquisition of Failing Depository Institutions or
Holding Companies, the claimant shall file copies of all documents of record in the pending
proceeding with the commissioner within the time for filing claims as provided in Subsection
(2). Such a claim shall be allowed or disallowed within 90 days of the receipt of the complete
record of the proceedings. No application to lift the stay of a pending proceeding shall be filed
until the claim has been allowed or disallowed. The commissioner may petition the court
designated by Section 
7-2-2
 to lift the stay to determine whether the claim should be allowed or
disallowed.
(11) All claims allowed by the commissioner and not disallowed or otherwise modified
by the court under Subsection (9), if not paid within 30 days after allowance, shall be
evidenced by a certificate payable only out of the assets of the institution in the possession of
the commissioner, subject to the priorities set forth in Section 
7-2-15
. This provision does not
apply to a secured claim allowed by the commissioner under Subsection (3)(a).
Section 7. Section 
8-5-6
 is amended to read:
8-5-6.
Alternative council or board procedures for notice -- Termination of rights
-- Notice.
(1) As an alternative to the procedures set forth in Sections 
8-5-1
 through 
8-5-4
, a
municipal council or cemetery maintenance district board may pass a resolution demanding
that the owner of a lot, site, or portion of the cemetery, which has been unused for burial
purposes for more than 60 years, file with the county recorder, city recorder, or town clerk
notice of any claim to the lot, site, or portion of the cemetery.
(2) The municipal council or cemetery maintenance district board shall then cause a
copy of the resolution to be personally served on the owner in the same manner as personal
service of process in a civil action. The resolution shall notify the owner that the owner shall,
within 60 days after service of the resolution on the owner, express interest in maintaining the
cemetery lot, site, or portion of the cemetery and submit satisfactory evidence of an intention to
use the lot, site, or portion of the cemetery for a burial.
(3) If the owner cannot be personally served with the resolution of the municipal
council or cemetery maintenance district board as required in Subsection (2), the municipal
council or cemetery maintenance district board shall:
(a) publish [
its resolution on the Utah Public Notice Website created in Section
63A-16-601
] 
the resolution for the municipality or cemetery maintenance district, as a class A
notice under Section 
63G-28-102
,
 for three weeks; and
(b) mail a copy of the resolution within 14 days after the publication to the owner's last
known address, if available.
(4) If, for 30 days after the last date of service or publication of the municipal council's
or cemetery maintenance district board's resolution, the owner or person with a legal interest in
the cemetery lot fails to state a valid interest in the use of the cemetery lot, site, or portion of
the cemetery for burial purposes, the owner's rights are terminated and that portion of the
cemetery shall be vested in the municipality or cemetery maintenance district.
Section 8. Section 
9-8-805
 is amended to read:
9-8-805.
Collecting institutions -- Perfecting title -- Notice.
(1) (a) A collecting institution wishing to perfect title in any reposited materials held by
it shall send, by registered mail, a notice containing the information required by Subsection (2)
to the last-known address of the last-known owner of the property.
(b) In addition to the requirements of Subsection (1)(a), a collecting institution shall
publish a notice containing the information required by Subsection (2) if:
(i) the owner or the address of the owner of the reposited materials is unknown;
(ii) the mailed notice is returned to the collecting institution without a forwarding
address; or
(iii) the owner does not claim the reposited materials within 90 days after the day on
which the notice was mailed.
(c) If required to publish a notice under Subsection (1)(b), the collecting institution[
, in
accordance with Section 
45-1-101
,
] shall publish the notice 
for two weeks
:
(i) [
at least once per week for two consecutive weeks in a newspaper of general
circulation in
] 
for
 the county where the collecting institution is located
, as a class A notice
under Section 
63G-28-102
; and
[
(ii) on the public legal notice website for at least two weeks
]
(ii) as required in Section 
45-1-101
.
(2) Each notice required by this section shall include:
(a) the name, if known, and the last-known address, if any, of the last-known owner of
the reposited materials;
(b) a description of the reposited materials;
(c) the name of the collecting institution that has possession of the reposited materials
and a person within that institution whom the owner may contact; and
(d) a statement that if the reposited materials are not claimed within 90 days from the
day on which the notice is published in accordance with Subsection (1)(b), the reposited
materials are considered abandoned and become the property of the collecting institution.
(3) If no one claims reposited materials within 90 days after the day on which notice is
published in accordance with Subsection (1)(b), the reposited materials are considered
abandoned and are the property of the collecting institution.
Section 9. Section 
10-2-406
 is amended to read:
10-2-406.
Notice of certification -- Providing notice of petition.
(1) After receipt of the notice of certification from the city recorder or town clerk under
Subsection 
10-2-405
(2)(c)(i), the municipal legislative body shall provide notice:
(a) [
within
] 
for
 the area proposed for annexation and the unincorporated area within
1/2 mile of the area proposed for annexation, 
as a class B notice under Section 
63G-28-102
,
 no
later than 10 days after the day on which the municipal legislative body receives the notice of
certification[
:
]
; and
[
(i) by posting one notice, and at least one additional notice per 2,000 population
within the combined area, in places within the combined area that are most likely to give notice
to the residents within, and the owners of real property located within, the combined area,
subject to a maximum of 10 notices; or
]
[
(ii) by mailing the notice to each residence within, and to each owner of real property
located within, the combined area;
]
[
(b) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for three weeks, beginning no later than 10 days after the day on which the
municipal legislative body receives the notice of certification;
]
[
(c)
] 
(b)
 within 20 days after the day on which the municipal legislative body receives
the notice of certification, by mailing written notice to each affected entity[
; and
]
.
[
(d) if the municipality has a website, by posting notice on the municipality's website
for the period of time described in Subsection (1)(b).
]
(2) The notice described in Subsection (1) shall:
(a) state that a petition has been filed with the municipality proposing the annexation of
an area to the municipality;
(b) state the date of the municipal legislative body's receipt of the notice of certification
under Subsection 
10-2-405
(2)(c)(i);
(c) describe the area proposed for annexation in the annexation petition;
(d) state that the complete annexation petition is available for inspection and copying at
the office of the city recorder or town clerk;
(e) state in conspicuous and plain terms that the municipality may grant the petition
and annex the area described in the petition unless, within the time required under Subsection
10-2-407
(2)(a)(i), a written protest to the annexation petition is filed with the commission and
a copy of the protest delivered to the city recorder or town clerk of the proposed annexing
municipality;
(f) state the address of the commission or, if a commission has not yet been created in
the county, the county clerk, where a protest to the annexation petition may be filed;
(g) state that the area proposed for annexation to the municipality will also
automatically be annexed to a local district providing fire protection, paramedic, and
emergency services or a local district providing law enforcement service, as the case may be, as
provided in Section 
17B-1-416
, if:
(i) the proposed annexing municipality is entirely within the boundaries of a local
district:
(A) that provides fire protection, paramedic, and emergency services or law
enforcement service, respectively; and
(B) in the creation of which an election was not required because of Subsection
17B-1-214
(3)(c); and
(ii) the area proposed to be annexed to the municipality is not already within the
boundaries of the local district; and
(h) state that the area proposed for annexation to the municipality will be automatically
withdrawn from a local district providing fire protection, paramedic, and emergency services or
a local district providing law enforcement service, as the case may be, as provided in
Subsection 
17B-1-502
(2), if:
(i) the petition proposes the annexation of an area that is within the boundaries of a
local district:
(A) that provides fire protection, paramedic, and emergency services or law
enforcement service, respectively; and
(B) in the creation of which an election was not required because of Subsection
17B-1-214
(3)(c); and
(ii) the proposed annexing municipality is not within the boundaries of the local
district.
(3) (a) The statement required by Subsection (2)(e) shall state the deadline for filing a
written protest in terms of the actual date rather than by reference to the statutory citation.
(b) In addition to the requirements under Subsection (2), a notice under Subsection (1)
for a proposed annexation of an area within a county of the first class shall include a statement
that a protest to the annexation petition may be filed with the commission by property owners if
it contains the signatures of the owners of private real property that:
(i) is located in the unincorporated area within 1/2 mile of the area proposed for
annexation;
(ii) covers at least 25% of the private land area located in the unincorporated area
within 1/2 mile of the area proposed for annexation; and
(iii) is equal in value to at least 15% of all real property located in the unincorporated
area within 1/2 mile of the area proposed for annexation.
Section 10. Section 
10-2-407
 is amended to read:
10-2-407.
Protest to annexation petition -- Planning advisory area planning
commission recommendation -- Petition requirements -- Disposition of petition if no
protest filed -- Public hearing and notice.
(1) A protest to an annexation petition under Section 
10-2-403
 may only be filed by:
(a) the legislative body or governing board of an affected entity;
(b) an owner of rural real property;
(c) for a proposed annexation of an area within a county of the first class, an owner of
private real property that:
(i) is located in the unincorporated area within 1/2 mile of the area proposed for
annexation;
(ii) covers at least 25% of the private land area located in the unincorporated area
within 1/2 mile of the area proposed for annexation; and
(iii) is equal in value to at least 15% of all real property located in the unincorporated
area within 1/2 mile of the area proposed for annexation; or
(d) an owner of private real property located in a mining protection area.
(2) Each protest under Subsection (1) shall:
(a) be filed:
(i) no later than 30 days after the municipal legislative body's receipt of the notice of
certification under Subsection 
10-2-405
(2)(c)(i); and
(ii) (A) in a county that has already created a commission under Section 
10-2-409
, with
the commission; or
(B) in a county that has not yet created a commission under Section 
10-2-409
, with the
clerk of the county in which the area proposed for annexation is located;
(b) state each reason for the protest of the annexation petition and, if the area proposed
to be annexed is located in a specified county, justification for the protest under the standards
established in this chapter;
(c) if the area proposed to be annexed is located in a specified county, contain other
information that the commission by rule requires or that the party filing the protest considers
pertinent; and
(d) contain the name and address of a contact person who is to receive notices sent by
the commission with respect to the protest proceedings.
(3) The party filing a protest under this section shall on the same date deliver or mail a
copy of the protest to the city recorder or town clerk of the proposed annexing municipality.
(4) Each clerk who receives a protest under Subsection (2)(a)(ii)(B) shall:
(a) immediately notify the county legislative body of the protest; and
(b) deliver the protest to the boundary commission within five days after:
(i) receipt of the protest, if the boundary commission has previously been created; or
(ii) creation of the boundary commission under Subsection 
10-2-409
(1)(b), if the
boundary commission has not previously been created.
(5) (a) If a protest is filed under this section:
(i) the municipal legislative body may, at its next regular meeting after expiration of
the deadline under Subsection (2)(a)(i), deny the annexation petition; or
(ii) if the municipal legislative body does not deny the annexation petition under
Subsection (5)(a)(i), the municipal legislative body may take no further action on the
annexation petition until after receipt of the commission's notice of its decision on the protest
under Section 
10-2-416
.
(b) If a municipal legislative body denies an annexation petition under Subsection
(5)(a)(i), the municipal legislative body shall, within five days after the denial, send notice of
the denial in writing to:
(i) the contact sponsor of the annexation petition;
(ii) the commission; and
(iii) each entity that filed a protest.
(6) If no timely protest is filed under this section, the municipal legislative body may,
subject to Subsection (7), approve the petition.
(7) Before approving an annexation petition under Subsection (6), the municipal
legislative body shall hold a public hearing and provide notice of the public hearing[
:
] 
by
publishing the notice for the municipality and the area proposed for annexation, as a class B
notice under Section 
63G-28-102
, for at least seven days before the date of the public hearing.
[
(a) (i) at least seven days before the day of the public hearing, by posting one notice,
and at least one additional notice per 2,000 population within the municipality and the area
proposed for annexation, in places within that combined area that are most likely to give notice
to the residents within, and the owners of real property located within, the combined area,
subject to a maximum of 10 notices; or
]
[
(ii) at least 10 days before the day of the public hearing, by mailing the notice to each
residence within, and to each owner of real property located within, the combined area
described in Subsection (7)(a)(i);
]
[
(b) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for seven days before the day of the public hearing; and
]
[
(c) if the municipality has a website, by posting notice on the municipality's website
for seven days before the day of the public hearing.
]
(8) (a) Subject to Subsection (8)(b), only a person or entity that is described in
Subsection (1) has standing to challenge an annexation in district court.
(b) A person or entity described in Subsection (1) may only bring an action in district
court to challenge an annexation if the person or entity has timely filed a protest as described in
Subsection (2) and exhausted the administrative remedies described in this section.
Section 11. Section 
10-2-415
 is amended to read:
10-2-415.
Public hearing -- Notice.
(1) (a) If the results of the feasibility study or supplemental feasibility study meet the
requirements of Subsection 
10-2-416
(3) with respect to a proposed annexation of an area
located in a county of the first class, the commission shall hold a public hearing within 30 days
after the day on which the commission receives the feasibility study or supplemental feasibility
study results.
(b) At the public hearing described in Subsection (1)(a), the commission shall:
(i) require the feasibility consultant to present the results of the feasibility study and, if
applicable, the supplemental feasibility study;
(ii) allow those present to ask questions of the feasibility consultant regarding the study
results; and
(iii) allow those present to speak to the issue of annexation.
(2) The commission shall provide notice of the public hearing described in Subsection
(1)(a) [
within
] 
for
 the area proposed for annexation, the surrounding 1/2 mile of unincorporated
area, and the proposed annexing municipality[
:
]
, as a class B notice under Section 
63G-28-102
,
for at least two weeks before the date of the public hearing.
[
(a) (i) at least two weeks before the day of the public hearing, by posting one notice,
and at least one additional notice per 2,000 population within the combined area, in places
within the combined area that are most likely to give notice of the public hearing to the
residents within, and the owners of real property located within, the combined area, subject to a
maximum of 10 notices; or
]
[
(ii) by mailing notice to each residence within, and to each owner of real property
located within, the combined area;
]
[
(b) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for two weeks before the day of the public hearing;
]
[
(c) by sending written notice of the public hearing to the municipal legislative body of
the proposed annexing municipality, the contact sponsor on the annexation petition, each entity
that filed a protest, and, if a protest was filed under Subsection 
10-2-407
(1)(c), the contact
person;
]
[
(d) if the municipality has a website, by posting notice on the municipality's website
for two weeks before the day of the public hearing; and
]
[
(e) by posting notice on the county's website for two weeks before the day of the
public hearing.
]
(3) The notice described in Subsection (2) shall:
(a) be entitled, "notice of annexation hearing";
(b) state the name of the annexing municipality;
(c) describe the area proposed for annexation; and
(d) specify the following sources where an individual may obtain a copy of the
feasibility study conducted in relation to the proposed annexation:
(i) if the municipality has a website, the municipality's website;
(ii) a municipality's physical address; and
(iii) a mailing address and telephone number.
(4) Within 30 days after the time under Subsection 
10-2-407
(2) for filing a protest has
expired with respect to a proposed annexation of an area located in a specified county, the
boundary commission shall hold a hearing on all protests that were filed with respect to the
proposed annexation.
(5) [
At
] 
For at
 least 14 days before the date of a hearing described in Subsection (4),
the commission chair shall provide notice of the hearing[
:
]
, for the area proposed for
annexation, as a class B notice under Section 
63G-28-102
.
[
(a) (i) by posting one notice, and at least one additional notice per 2,000 population
within the area proposed for annexation, in places within the area that are most likely to give
notice of the hearing to the residents within, and the owners of real property located within, the
area, subject to a maximum of 10 notices; or
]
[
(ii) by mailing notice to each resident within, and each owner of real property located
within, the area proposed for annexation;
]
[
(b) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for 14 days before the day of the hearing;
]
[
(c) if the municipality has a website, by posting notice on the municipality's website
for two weeks before the day of the public hearing; and
]
[
(d) by posting notice on the county's website for two weeks before the day of the
public hearing.
]
(6) Each notice described in Subsection (5) shall:
(a) state the date, time, and place of the hearing;
(b) briefly summarize the nature of the protest; and
(c) state that a copy of the protest is on file at the commission's office.
(7) The commission may continue a hearing under Subsection (4) from time to time,
but no continued hearing may be held later than 60 days after the original hearing date.
(8) In considering protests, the commission shall consider whether the proposed
annexation:
(a) complies with the requirements of Sections 
10-2-402
 and 
10-2-403
 and the
annexation policy plan of the proposed annexing municipality;
(b) conflicts with the annexation policy plan of another municipality; and
(c) if the proposed annexation includes urban development, will have an adverse tax
consequence on the remaining unincorporated area of the county.
(9) (a) The commission shall record each hearing under this section by electronic
means.
(b) A transcription of the recording under Subsection (9)(a), the feasibility study, if
applicable, information received at the hearing, and the written decision of the commission
shall constitute the record of the hearing.
Section 12. Section 
10-2-418
 is amended to read:
10-2-418.
Annexation of an island or peninsula without a petition -- Notice --
Hearing.
(1) As used in Subsection (2)(b)(ii), for purposes of an annexation conducted in
accordance with this section of an area located within a county of the first class,
"municipal-type services" does not include a service provided by a municipality pursuant to a
contract that the municipality has with another political subdivision as "political subdivision" is
defined in Section 
17B-1-102
.
(2) Notwithstanding Subsection 
10-2-402
(2), a municipality may annex an
unincorporated area under this section without an annexation petition if:
(a) for an unincorporated area within the expansion area of more than one municipality,
each municipality agrees to the annexation; and
(b) (i) (A) the area to be annexed consists of one or more unincorporated islands within
or unincorporated peninsulas contiguous to the municipality;
(B) the majority of each island or peninsula consists of residential or commercial
development;
(C) the area proposed for annexation requires the delivery of municipal-type services;
and
(D) the municipality has provided most or all of the municipal-type services to the area
for more than one year;
(ii) (A) the area to be annexed consists of one or more unincorporated islands within or
unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800
residents; and
(B) the municipality has provided one or more municipal-type services to the area for
at least one year;
(iii) the area consists of:
(A) an unincorporated island within or an unincorporated peninsula contiguous to the
municipality; and
(B) for an area outside of the county of the first class proposed for annexation, no more
than 50 acres; or
(iv) (A) the area to be annexed consists only of one or more unincorporated islands in a
county of the second class;
(B) the area to be annexed is located in the expansion area of a municipality; and
(C) the county legislative body in which the municipality is located provides notice to
each property owner within the area to be annexed that the county legislative body will hold a
public hearing, no less than 15 days after the day on which the county legislative body provides
the notice, and may make a recommendation of annexation to the municipality whose
expansion area includes the area to be annexed after the public hearing.
(3) Notwithstanding Subsection 
10-2-402
(1)(b)(iii), a municipality may annex a
portion of an unincorporated island or unincorporated peninsula under this section, leaving
unincorporated the remainder of the unincorporated island or unincorporated peninsula, if:
(a) in adopting the resolution under Subsection (5)(a) the municipal legislative body
determines that not annexing the entire unincorporated island or unincorporated peninsula is in
the municipality's best interest; and
(b) for an annexation of one or more unincorporated islands under Subsection (2)(b),
the entire island of unincorporated area, of which a portion is being annexed, complies with the
requirement of Subsection (2)(b)(ii) relating to the number of residents.
(4) (a) This Subsection (4) applies only to an annexation within a county of the first
class.
(b) A county of the first class shall agree to an annexation if the majority of private
property owners within the area to be annexed give written consent to the annexation, in
accordance with Subsection (4)(d), to the recorder of the annexing municipality.
(c) For purposes of Subsection (4)(b), the majority of private property owners is
property owners who own:
(i) the majority of the total private land area within the area proposed for annexation;
and
(ii) private real property equal to at least 1/2 the value of private real property within
the area proposed for annexation.
(d) A property owner consenting to annexation shall indicate the property owner's
consent on a form which includes language in substantially the following form:
"Notice: If this written consent is used to proceed with an annexation of your property
in accordance with Utah Code Section 
10-2-418
, no public election is required by law to
approve the annexation. If you sign this consent and later decide you do not want to support
the annexation of your property, you may withdraw your signature by submitting a signed,
written withdrawal with the recorder or clerk of [name of annexing municipality]. If you
choose to withdraw your signature, you must do so no later than the close of the public hearing
on the annexation conducted in accordance with Utah Code Subsection 
10-2-418
(4)(d).".
(e) A private property owner may withdraw the property owner's signature indicating
consent by submitting a signed, written withdrawal with the recorder or clerk no later than the
close of the public hearing held in accordance with Subsection (5)(b).
(5) The legislative body of each municipality intending to annex an area under this
section shall:
(a) adopt a resolution indicating the municipal legislative body's intent to annex the
area, describing the area proposed to be annexed; and
(b) hold a public hearing on the proposed annexation no earlier than 30 days after the
adoption of the resolution described in Subsection (5)(a).
(6) A legislative body described in Subsection (5) shall provide notice of a public
hearing described in Subsection (5)(b):
(a) [
(i)
] 
for
 at least three weeks before the day of the public hearing, [
by posting one
notice, and at least one additional notice per 2,000 population in
] 
for
 the municipality and the
area proposed for annexation, [
in places within the combined area that are most likely to give
notice to the residents within, and the owners of real property located within, the combined
area, subject to a maximum of 10 notices; or
] 
as a class B notice under Section 
63G-28-102
;
and
[
(ii) at least three weeks before the day of the public hearing, by mailing notice to each
residence within, and each owner of real property located within, the combined area described
in Subsection (6)(a)(i);
]
[
(b) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for three weeks before the day of the public hearing;
]
[
(c)
] 
(b)
 by sending written notice to:
(i) the board of each local district and special service district whose boundaries contain
some or all of the area proposed for annexation; and
(ii) the legislative body of the county in which the area proposed for annexation is
located[
; and
]
.
[
(d) if the municipality has a website, by posting notice on the municipality's website
for three weeks before the day of the public hearing.
]
(7) The legislative body of the annexing municipality shall ensure that:
(a) each notice described in Subsection (6):
(i) states that the municipal legislative body has adopted a resolution indicating the
municipality's intent to annex the area proposed for annexation;
(ii) states the date, time, and place of the public hearing described in Subsection (5)(b);
(iii) describes the area proposed for annexation; and
(iv) except for an annexation that meets the requirements of Subsection (8)(b) or (c),
states in conspicuous and plain terms that the municipal legislative body will annex the area
unless, at or before the public hearing described in Subsection (5)(b), written protests to the
annexation are filed by the owners of private real property that:
(A) is located within the area proposed for annexation;
(B) covers a majority of the total private land area within the entire area proposed for
annexation; and
(C) is equal in value to at least 1/2 the value of all private real property within the
entire area proposed for annexation; and
(b) the first publication of the notice described in Subsection (6)(a) occurs within 14
days after the day on which the municipal legislative body adopts a resolution under Subsection
(5)(a).
(8) (a) Except as provided in Subsections (8)(b)(i) and (8)(c)(i), upon conclusion of the
public hearing described in Subsection (5)(b), the municipal legislative body may adopt an
ordinance approving the annexation of the area proposed for annexation under this section
unless, at or before the hearing, written protests to the annexation have been filed with the
recorder or clerk of the municipality by the owners of private real property that:
(i) is located within the area proposed for annexation;
(ii) covers a majority of the total private land area within the entire area proposed for
annexation; and
(iii) is equal in value to at least 1/2 the value of all private real property within the
entire area proposed for annexation.
(b) (i) Notwithstanding Subsection (8)(a), upon conclusion of the public hearing
described in Subsection (5)(b), a municipality may adopt an ordinance approving the
annexation of the area proposed for annexation under this section without allowing or
considering protests under Subsection (8)(a) if the owners of at least 75% of the total private
land area within the entire area proposed for annexation, representing at least 75% of the value
of the private real property within the entire area proposed for annexation, have consented in
writing to the annexation.
(ii) Upon the effective date under Section 
10-2-425
 of an annexation approved by an
ordinance adopted under Subsection (8)(b)(i), the area annexed is conclusively presumed to be
validly annexed.
(c) (i) Notwithstanding Subsection (8)(a), upon conclusion of the public hearing
described in Subsection (5)(b), a municipality may adopt an ordinance approving the
annexation of an area that the county legislative body proposes for annexation under this
section without allowing or considering protests under Subsection (8)(a) if the county
legislative body has formally recommended annexation to the annexing municipality and has
made a formal finding that:
(A) the area to be annexed can be more efficiently served by the municipality than by
the county;
(B) the area to be annexed is not likely to be naturally annexed by the municipality in
the future as the result of urban development;
(C) annexation of the area is likely to facilitate the consolidation of overlapping
functions of local government; and
(D) annexation of the area is likely to result in an equitable distribution of community
resources and obligations.
(ii) The county legislative body may base the finding required in Subsection
(8)(c)(i)(B) on:
(A) existing development in the area;
(B) natural or other conditions that may limit the future development of the area; or
(C) other factors that the county legislative body considers relevant.
(iii) A county legislative body may make the recommendation for annexation required
in Subsection (8)(c)(i) for only a portion of an unincorporated island if, as a result of
information provided at the public hearing, the county legislative body makes a formal finding
that it would be equitable to leave a portion of the island unincorporated.
(iv) If a county legislative body has made a recommendation of annexation under
Subsection (8)(c)(i):
(A) the relevant municipality is not required to proceed with the recommended
annexation; and
(B) if the relevant municipality proceeds with annexation, the municipality shall annex
the entire area that the county legislative body recommended for annexation.
(v) Upon the effective date under Section 
10-2-425
 of an annexation approved by an
ordinance adopted under Subsection (8)(c)(i), the area annexed is conclusively presumed to be
validly annexed.
(9) (a) Except as provided in Subsections (8)(b)(i) and (8)(c)(i), if protests are timely
filed under Subsection (8)(a), the municipal legislative body may not adopt an ordinance
approving the annexation of the area proposed for annexation, and the annexation proceedings
under this section shall be considered terminated.
(b) Subsection (9)(a) does not prohibit the municipal legislative body from excluding
from a proposed annexation under Subsection (2)(b) the property within an unincorporated
island regarding which protests have been filed and proceeding under Subsection (3) to annex
some or all of the remaining portion of the unincorporated island.
Section 13. Section 
10-2-419
 is amended to read:
10-2-419.
Boundary adjustment -- Notice and hearing -- Protest.
(1) The legislative bodies of two or more municipalities having common boundaries
may adjust their common boundaries as provided in this section.
(2) The legislative body of each municipality intending to adjust a boundary that is
common with another municipality shall:
(a) adopt a resolution indicating the intent of the municipal legislative body to adjust a
common boundary; and
(b) hold a public hearing on the proposed adjustment no less than 60 days after the
adoption of the resolution under Subsection (2)(a).
(3) A legislative body described in Subsection (2) shall provide notice of a public
hearing described in Subsection (2)(b):
[
(a) (i) at least three weeks before the day of the public hearing, by posting one notice,
and at least one additional notice per 2,000 population of the municipality, in places within the
municipality that are most likely to give notice to residents of the municipality, subject to a
maximum of 10 notices; or
]
[
(ii) at least three weeks before the day of the public hearing, by mailing notice to each
residence in the municipality;
]
[
(b) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for three weeks before the day of the public hearing;
]
(a) for the municipality, as a class B notice under Section 
63G-28-102
, for at least three
weeks before the day of the public hearing; and
[
(c)
] 
(b)
 if the proposed boundary adjustment may cause any part of real property
owned by the state to be within the geographic boundary of a different local governmental
entity than before the adjustment, by providing written notice, at least 50 days before the day of
the public hearing, to:
(i) the title holder of any state-owned real property described in this Subsection [
(3)(d)
]
(3)(b)
; and
(ii) the Utah State Developmental Center Board, created under Section 
62A-5-202.5
, if
any state-owned real property described in this Subsection [
(3)(d)
] 
(3)(b)
 is associated with the
Utah State Developmental Center[
; and
]
.
[
(d) if the municipality has a website, by posting notice on the municipality's website
for three weeks before the day of the public hearing.
]
(4) The notice described in Subsection (3) shall:
(a) state that the municipal legislative body has adopted a resolution indicating the
municipal legislative body's intent to adjust a boundary that the municipality has in common
with another municipality;
(b) describe the area proposed to be adjusted;
(c) state the date, time, and place of the public hearing described in Subsection (2)(b);
(d) state in conspicuous and plain terms that the municipal legislative body will adjust
the boundaries unless, at or before the public hearing described in Subsection (2)(b), a written
protest to the adjustment is filed by:
(i) an owner of private real property that:
(A) is located within the area proposed for adjustment;
(B) covers at least 25% of the total private land area within the area proposed for
adjustment; and
(C) is equal in value to at least 15% of the value of all private real property within the
area proposed for adjustment; or
(ii) a title holder of state-owned real property described in Subsection [
(3)(d)
] 
(3)(b)
;
(e) state that the area that is the subject of the boundary adjustment will, because of the
boundary adjustment, be automatically annexed to a local district providing fire protection,
paramedic, and emergency services or a local district providing law enforcement service, as the
case may be, as provided in Section 
17B-1-416
, if:
(i) the municipality to which the area is being added because of the boundary
adjustment is entirely within the boundaries of a local district:
(A) that provides fire protection, paramedic, and emergency services or law
enforcement service, respectively; and
(B) in the creation of which an election was not required because of Subsection
17B-1-214
(3)(c); and
(ii) the municipality from which the area is being taken because of the boundary
adjustment is not within the boundaries of the local district; and
(f) state that the area proposed for annexation to the municipality will be automatically
withdrawn from a local district providing fire protection, paramedic, and emergency services,
as provided in Subsection 
17B-1-502
(2), if:
(i) the municipality to which the area is being added because of the boundary
adjustment is not within the boundaries of a local district:
(A) that provides fire protection, paramedic, and emergency services; and
(B) in the creation of which an election was not required because of Subsection
17B-1-214
(3)(c); and
(ii) the municipality from which the area is being taken because of the boundary
adjustment is entirely within the boundaries of the local district.
(5) Upon conclusion of the public hearing described in Subsection (2)(b), the
municipal legislative body may adopt an ordinance approving the adjustment of the common
boundary unless, at or before the hearing described in Subsection (2)(b), a written protest to the
adjustment is filed with the city recorder or town clerk by a person described in Subsection
[
(3)(c)(i) or (ii).
] 
(3)(b)(i) or (ii).
(6) The municipal legislative body shall comply with the requirements of Section
10-2-425
 as if the boundary adjustment were an annexation.
(7) (a) An ordinance adopted under Subsection (5) becomes effective when each
municipality involved in the boundary adjustment has adopted an ordinance under Subsection
(5).
(b) The effective date of a boundary adjustment under this section is governed by
Section 
10-2-425
.
Section 14. Section 
10-2-501
 is amended to read:
10-2-501.
Municipal disconnection -- Definitions -- Request for disconnection --
Requirements upon filing request -- Notice.
(1) As used in this part "petitioner" means:
(a) one or more persons who:
(i) own title to real property within the area proposed for disconnection; and
(ii) sign a request for disconnection proposing to disconnect the area proposed for
disconnection from the municipality; or
(b) the mayor of the municipality within which the area proposed for disconnection is
located who signs a request for disconnection proposing to disconnect the area proposed for
disconnection from the municipality.
(2) (a) A petitioner proposing to disconnect an area within and lying on the borders of a
municipality shall file with that municipality's legislative body a request for disconnection.
(b) Each request for disconnection shall:
(i) contain the names, addresses, and signatures of the owners of more than 50% of any
private real property in the area proposed for disconnection;
(ii) give the reasons for the proposed disconnection;
(iii) include a map or plat of the territory proposed for disconnection; and
(iv) designate between one and five persons with authority to act on the petitioner's
behalf in the proceedings.
(3) Upon [
filing the
] 
receiving a
 request for disconnection, [
the petitioner
] 
a municipal
legislative body
 shall publish notice of the request:
[
(a) (i) once a week for three consecutive weeks before the public hearing described in
Section 
10-2-502.5
 in a newspaper of general circulation within the municipality; or
]
[
(ii) if there is no newspaper of general circulation in the municipality, at least three
weeks before the day of the public hearing described in Section 
10-2-502.5
, by posting one
notice, and at least one additional notice per 2,000 population of the municipality, in places
within the municipality that are most likely to give notice to the residents within, and the
owners of real property located within, the municipality, including the residents who live in the
area proposed for disconnection;
]
[
(b) on the Utah Public Notice Website created in Section 
63A-16-601
, for three weeks
before the day of the public hearing described in Section 
10-2-502.5
;
]
[
(c)
] 
(a)
 in accordance with the legal notice requirements described in Section
45-1-101
, for three weeks before the day of the public hearing described in Section 
10-2-502.5
;
and
(b) for the area proposed to be disconnected, as a class B notice under Section
63G-28-102
, for at least three weeks before the day of the public hearing described in Section
10-2-502.5.
[
(d) by mailing notice to each:
]
[
(i) owner of real property located within the area proposed to be disconnected; and
]
[
(ii) residence within the area proposed to be disconnected;
]
[
(e) by delivering a copy of the request to the legislative body of the county in which
the area proposed for disconnection is located; and
]
[
(f) if the municipality has a website, on the municipality's website for three weeks
before the day of the public hearing.
]
(4) A municipal legislative body may bill the petitioner for the cost of preparing,
printing, and publishing the notice required under Subsection (3).
Section 15. Section 
10-2-502.5
 is amended to read:
10-2-502.5.
Hearing on request for disconnection -- Notice -- Determination by
municipal legislative body -- Petition in district court.
(1) No sooner than three weeks after notice is provided under Subsection 
10-2-501
(3),
the legislative body of the municipality in which the area proposed for disconnection is located
shall hold a public hearing.
(2) The municipal legislative body shall provide notice of the public hearing:
(a) at least seven days before the hearing date, in writing to the petitioner and to the
legislative body of the county in which the area proposed for disconnection is located; 
and
(b) for the municipality, as a class B notice under Section 
63G-28-102
, for at least 10
days before the hearing date.
[
(b) (i) at least seven days before the hearing date, by posting one notice, and at least
one additional notice per 2,000 population of the municipality, in places within the
municipality that are most likely to give notice to residents within, and the owners of real
property located within, the municipality, subject to a maximum of 10 notices; or
]
[
(ii) at least 10 days before the hearing date, by mailing notice to each residence within,
and each owner of real property located within, the municipality;
]
[
(c) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for seven days before the hearing date; and
]
[
(d) if the municipality has a website, by posting notice on the municipality's website
for seven days before the hearing date.
]
(3) In the public hearing, any person may speak and submit documents regarding the
disconnection proposal.
(4) Within 45 calendar days of the hearing, the municipal legislative body shall:
(a) determine whether to grant the request for disconnection; and
(b) if the municipality determines to grant the request, adopt an ordinance approving
disconnection of the area from the municipality.
(5) (a) A petition against the municipality challenging the municipal legislative body's
determination under Subsection (4) may be filed in district court by:
(i) the petitioner; or
(ii) the county in which the area proposed for disconnection is located.
(b) Each petition under Subsection (5)(a) shall include a copy of the request for
disconnection.
Section 16. Section 
10-2-607
 is amended to read:
10-2-607.
Notice of election.
If the county legislative bodies find that the resolution or petition for consolidation and
their attachments substantially conform with the requirements of this part, the county
legislative bodies shall
, for at least four weeks before the day of the election,
 publish notice of
the election for consolidation [
to the voters of
]
, as a class A notice under Section 
63G-28-102
,
for
 each municipality that would become part of the consolidated municipality[
:
]
.
[
(1) (a) at least four weeks before the day of the election, by posting one notice, and at
least one additional notice per 2,000 population of the municipality, in places within the
municipality that are most likely to give notice to the voters in the municipality; or
]
[
(b) at least four weeks before the day of the election, by mailing notice to each
registered voter in the municipality;
]
[
(2) on the Utah Public Notice Website created in Section 
63A-16-601
, for at least four
weeks before the day of the election; and
]
[
(3) if the municipality has a website, on the municipality's website for at least four
weeks before the day of the election.
]
Section 17. Section 
10-2-703
 is amended to read:
10-2-703.
Providing notice of election.
(1) Immediately after setting the date for the election, the court shall order for notice to
be provided of the:
(a) petition; and
(b) date the election is to be held to determine the question of dissolution.
(2) The notice described in Subsection (1) shall be provided[
:
] 
for the municipality, as
a class A notice under Section 
63G-28-102
, for at least one month before the day of the
election.
[
(a) (i) at least four weeks before the day of the election, by posting one notice, and at
least one additional notice per 2,000 population of the municipality, in places within the
municipality that are most likely to give notice to the voters in the municipality, subject to a
maximum of 10 notices; or
]
[
(ii) at least one month before the day of the election, by mailing notice to each
registered voter in the municipality;
]
[
(b) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for four weeks before the day of the election; and
]
[
(c) if the municipality has a website, by posting notice on the municipality's website
for four weeks before the day of the election.
]
Section 18. Section 
10-2-708
 is amended to read:
10-2-708.
Notice of disincorporation.
When a municipality has been dissolved, the clerk of the court shall provide notice of
the dissolution[
:
] 
for the county, as a class B notice under Section 
63G-28-102
, for at least four
weeks.
[
(1) (a) by posting one notice, and at least one additional notice per 2,000 population of
the county in places within the county that are most likely to give notice to the residents within,
and the owners of real property located within, the county, including the residents and owners
within the municipality that is dissolved, subject to a maximum of 10 notices; or
]
[
(b) by mailing notice to each residence within, and each owner of real property located
within, the county;
]
[
(2) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for four weeks;
]
[
(3) if the municipality has a website, by posting notice on the municipality's website
for four weeks; and
]
[
(4) by posting notice on the county's website for four weeks.
]
Section 19. Section 
10-2a-207
 is amended to read:
10-2a-207.
Public hearings on feasibility study results -- Exclusions of property
from proposed municipality -- Notice of hearings.
(1) As used in this section, "specified landowner" means the same as that term is
defined in Section 
10-2a-203
.
(2) If the results of the feasibility study or supplemental feasibility study comply with
Subsection 
10-2a-205
(6)(a), the lieutenant governor shall, after receipt of the results of the
feasibility study or supplemental feasibility study, conduct two public hearings in accordance
with this section.
(3) (a) If an area proposed for incorporation is approved for annexation after the
feasibility study or supplemental feasibility study is conducted but before the lieutenant
governor conducts the first public hearing under Subsection (4), the lieutenant governor may
not conduct the first public hearing under Subsection (4) unless:
(i) the sponsors of the feasibility study file a modified request for a feasibility study in
accordance with Section 
10-2a-206
; and
(ii) the results of the supplemental feasibility study comply with Subsection
10-2a-205
(6)(a).
(b) For purposes of Subsection (3)(a), an area is approved for annexation if a condition
described in Subsection 
10-2a-206
(1)(a)(iv) occurs.
(4) The lieutenant governor shall conduct the first public hearing:
(a) within 60 days after the day on which the lieutenant governor receives the results
under Subsection (2) or (3)(a)(ii);
(b) within or near the proposed municipality;
(c) to allow the feasibility consultant to present the results of the feasibility study; and
(d) to inform the public about the results of the feasibility study.
(5) (a) Within 30 calendar days after the day on which the lieutenant governor
completes the first public hearing under Subsection (4), a specified landowner may request that
the lieutenant governor exclude all or part of the property owned by the specified landowner
from the proposed incorporation by filing a notice of exclusion with the Office of the
Lieutenant Governor that describes the property for which the specified landowner requests
exclusion.
(b) The lieutenant governor shall exclude the property identified by a specified
landowner under Subsection (5)(a) from the proposed incorporation boundaries unless the
lieutenant governor finds by clear and convincing evidence that:
(i) the exclusion will leave an unincorporated island within the proposed municipality;
and
(ii) the property receives from the county a majority of currently provided municipal
services.
(c) (i) Within five days after the day on which the lieutenant governor determines
whether to exclude property under Subsection (5)(b), the lieutenant governor shall mail or
transmit written notice of whether the property is included or excluded from the proposed
municipality to:
(A) the specified landowner that requested the property's exclusion; and
(B) the contact sponsor.
(ii) If the lieutenant governor makes a determination to include a property under
Subsection (5)(b), the lieutenant governor shall include, in the written notice described in
Subsection (5)(c)(i), a detailed explanation of the lieutenant governor's determination.
(d) (i) If the lieutenant governor excludes property from the proposed municipality
under Subsection (5)(b), or if an area proposed for incorporation is approved for annexation
within the time period for a specified landowner to request an exclusion under Subsection
(5)(a), the lieutenant governor may not conduct the second public hearing under Subsection (6),
unless:
(A) the sponsors of the feasibility study file a modified request for a feasibility study in
accordance with Section 
10-2a-206
; and
(B) the results of the supplemental feasibility study comply with Subsection
10-2a-205
(6)(a).
(ii) For purposes of Subsection (5)(d)(i), an area is approved for annexation if a
condition described in Subsection 
10-2a-206
(1)(a)(iv) occurs.
(6) The lieutenant governor shall conduct the second public hearing:
(a) (i) within 30 days after the day on which the time period described in Subsection
(5)(a) expires, if Subsection (5)(d) does not apply; or
(ii) within 30 days after the day on which the lieutenant governor receives the results of
the supplemental feasibility study described in Subsection (5)(d)(i)(B), if Subsection (5)(d)
applies;
(b) within or near the proposed municipality; and
(c) to allow the feasibility consultant to present the results of and inform the public
about:
(i) the feasibility study presented to the public in the first public hearing under
Subsection (4), if Subsection (5)(d) does not apply; or
(ii) the supplemental feasibility study described in Subsection (5)(d)(i)(B), if
Subsection (5)(d) applies.
(7) At each public hearing required under this section, the lieutenant governor shall:
(a) provide a map or plat of the boundary of the proposed municipality;
(b) provide a copy of the applicable feasibility study for public review;
(c) allow members of the public to express views about the proposed incorporation,
including views about the proposed boundaries; and
(d) allow the public to ask the feasibility consultant questions about the applicable
feasibility study.
(8) The lieutenant governor shall publish notice of each public hearing required under
this section[
:
] 
for the proposed municipality, as a class B notice under Section 
63G-28-102
, for
at least three weeks before the day of the public hearing.
[
(a) (i) at least three weeks before the day of the public hearing, by posting one notice,
and at least one additional notice per 2,000 population of the proposed municipality, in places
within the proposed municipality that are most likely to give notice to the residents within, and
the owners of real property located within, the proposed municipality; or
]
[
(ii) at least three weeks before the public hearing, by mailing notice to each residence
within, and each owner of real property located within, the proposed municipality;
]
[
(b) on the Utah Public Notice Website created in Section 
63A-16-601
, for three weeks
before the day of the public hearing; and
]
[
(c) on the lieutenant governor's website for three weeks before the day of the public
hearing.
]
(9) (a) Except as provided in Subsection (9)(b), the notice described in Subsection (8)
shall:
(i) include the feasibility study summary described in Subsection 
10-2a-205
(3)(c);
(ii) indicate that a full copy of the study is available on the lieutenant governor's
website and for inspection at the Office of the Lieutenant Governor; and
(iii) indicate that under no circumstances may property be excluded or annexed from
the proposed incorporation after the time period specified in Subsection (5)(a) has expired, if
the notice is for the first public hearing under Subsection (4).
(b) Instead of publishing the feasibility summary under Subsection (9)(a)(i), the
lieutenant governor may publish a statement that specifies the following sources where a
resident within, or the owner of real property located within, the proposed municipality, may
view or obtain a copy of the feasibility study:
(i) the lieutenant governor's website;
(ii) the physical address of the Office of the Lieutenant Governor; and
(iii) a mailing address and telephone number.
Section 20. Section 
10-2a-210
 is amended to read:
10-2a-210.
Incorporation election -- Notice of election -- Voter information
pamphlet.
(1) (a) If the lieutenant governor certifies a petition under Subsection 
10-2a-209
(1)(b),
the lieutenant governor shall schedule an incorporation election for the proposed municipality
described in the petition to be held on the date of the next regular general election described in
Section 
20A-1-201
, or the next municipal general election described in Section 
20A-1-202
, that
is at least 65 days after the day on which the lieutenant governor certifies the petition.
(b) (i) The lieutenant governor shall direct the county legislative body of the county in
which the proposed municipality is located to hold the election on the date that the lieutenant
governor schedules under Subsection (1)(a).
(ii) The county shall hold the election as directed by the lieutenant governor under
Subsection (1)(b)(i).
(2) The county clerk shall provide notice of the election[
:
] 
for the area proposed to be
incorporated, as a class B notice under Section 
63G-28-102
, for at least three weeks before the
day of the election.
[
(a) (i) by publishing notice in a newspaper of general circulation within the area
proposed to be incorporated at least once a week for three successive weeks before the
election;
]
[
(ii) at least three weeks before the day of the election, by posting one notice, and at
least one additional notice per 2,000 population of the area proposed to be incorporated, in
places within the area proposed to be incorporated that are most likely to give notice to the
voters within the area proposed to be incorporated, subject to a maximum of 10 notices; or
]
[
(iii) at least three weeks before the day of the election, by mailing notice to each
registered voter in the area proposed to be incorporated;
]
[
(b) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for three weeks before the day of the election;
]
[
(c) if the proposed municipality has a website, by posting notice on the proposed
municipality's website for three weeks before the day of the election; and
]
[
(d) by posting notice on the county's website for three weeks before the day of the
election.
]
(3) (a) The notice required by Subsection (2) shall contain:
(i) a statement of the contents of the petition;
(ii) a description of the area proposed to be incorporated as a municipality;
(iii) a statement of the date and time of the election and the location of polling places;
and
(iv) except as provided in Subsection (3)(b), the feasibility study summary described in
Subsection 
10-2a-205
(3)(c) and a statement that a full copy of the study is available on the
lieutenant governor's website and for inspection at the Office of the Lieutenant Governor.
(b) Instead of including the feasibility summary under Subsection (3)(a)(iv), the notice
may include a statement that specifies the following sources where a registered voter in the area
proposed to be incorporated may view or obtain a copy of the feasibility study:
(i) the lieutenant governor's website;
(ii) the physical address of the Office of the Lieutenant Governor; and
(iii) a mailing address and telephone number.
(4) (a) In addition to the notice required under Subsection (2), the county clerk shall
publish and distribute, before the incorporation election is held, a voter information pamphlet:
(i) in accordance with the procedures and requirements of Section 
20A-7-402
;
(ii) in consultation with the lieutenant governor; and
(iii) in a manner that the county clerk determines is adequate, subject to Subsections
(4)(a)(i) and (ii).
(b) The voter information pamphlet described in Subsection (4)(a):
(i) shall inform the public of the proposed incorporation; and
(ii) may include written statements, printed in the same font style and point size, from
proponents and opponents of the proposed incorporation.
(5) An individual may not vote in an incorporation election under this section unless
the individual is a registered voter who resides, as defined in Section 
20A-1-102
, within the
boundaries of the proposed municipality.
(6) If a majority of those who vote in an incorporation election held under this section
cast votes in favor of incorporation, the area shall incorporate.
Section 21. Section 
10-2a-213
 is amended to read:
10-2a-213.
Determination of number of council members -- Determination of
election districts -- Hearings and notice.
(1) If the incorporation proposal passes, the petition sponsors shall, within 60 days
after the day on which the county conducts the canvass of the election under Section
10-2a-212
:
(a) for the incorporation of a city:
(i) if the voters at the incorporation election choose the council-mayor form of
government, determine the number of council members that will constitute the city council of
the city; and
(ii) if the voters at the incorporation election vote to elect council members by district,
determine the number of council members to be elected by district and draw the boundaries of
those districts, which shall be substantially equal in population; and
(b) for the incorporation of any municipality:
(i) determine the initial terms of the mayor and members of the municipal council so
that:
(A) the mayor and approximately half the members of the municipal council are
elected to serve an initial term, of no less than one year, that allows the mayor's and members'
successors to serve a full four-year term that coincides with the schedule established in
Subsection 
10-3-205
(1); and
(B) the remaining members of the municipal council are elected to serve an initial
term, of no less than one year, that allows the members' successors to serve a full four-year
term that coincides with the schedule established in Subsection 
10-3-205
(2); and
(ii) submit in writing to the county legislative body the results of the determinations
made by the sponsors under Subsections (1)(a) and (b)(i).
(2) A newly incorporated town shall operate under the five-member council form of
government as defined in Section 
10-3b-102
.
(3) Before making a determination under Subsection (1)(a) or (b)(i), the petition
sponsors shall hold a public hearing within the future municipality on the applicable issues
described in Subsections (1)(a) and (b)(i).
(4) The [
petition sponsors shall
] 
county clerk shall
 provide notice of the public hearing
described in Subsection (3):
[
(a) (i) at least two weeks before the day of the public hearing, by posting one notice,
and at least one additional notice per 2,000 population of the future municipality, in places
within the future municipality that are most likely to give notice to the residents within, and the
owners of real property located within, the future municipality, subject to a maximum of 10
notices; or
]
[
(ii) at least two weeks before the day of the public hearing, by mailing notice to each
residence within, and each owner of real property located within, the future municipality;
]
[
(b)
] 
(a)
 [
by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
,
] 
for the future municipality, as a class B notice under Section 
63G-28-102,
 for
two weeks before the day of the public hearing; 
and
[
(c)
] 
(b)
 if the future municipality has a website, by posting notice on the future
municipality's website for two weeks before the day of the public hearing[
; and
]
.
[
(d) by posting notice on the county's website for two weeks before the day of the
public hearing.
]
(5) The county clerk may bill the petition sponsors for the cost of preparing, printing,
and publishing the notice described in Subsection (4).
Section 22. Section 
10-2a-214
 is amended to read:
10-2a-214.
Notice of number of commission or council members to be elected and
of district boundaries -- Declaration of candidacy for municipal office.
(1) Within 20 days after the day on which a county legislative body receives the
petition sponsors' determination under Subsection 
10-2a-213
(1)(b)(ii), the county clerk shall
provide a notice, in accordance with Subsection (2), containing:
(a) the number of municipal council members to be elected for the new municipality;
(b) except as provided in Subsection (3), if some or all of the municipal council
members are to be elected by district, a description of the boundaries of those districts;
(c) information about the deadline for an individual to file a declaration of candidacy to
become a candidate for mayor or municipal council; and
(d) information about the length of the initial term of each of the municipal officers.
(2) The county clerk shall provide the notice described in Subsection (1)[
:
] 
for the
future municipality, as a class B notice under Section 
63G-28-102
, for two weeks.
[
(a) (i) by posting one notice, and at least one additional notice per 2,000 population of
the future municipality, in places within the future municipality that are most likely to give
notice to the residents in the future municipality, subject to a maximum of 10 notices; or
]
[
(ii) by mailing notice to each residence in the future municipality;
]
[
(b) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for two weeks;
]
[
(c) if the future municipality has a website, by posting notice on the future
municipality's website for two weeks; and
]
[
(d) by posting notice on the county's website for two weeks.
]
(3) Instead of including a description of the district boundaries under Subsection (1)(b),
the notice may include a statement that specifies the following sources where a resident of the
future municipality may view or obtain a copy of the district boundaries:
(a) the county website;
(b) the physical address of the county offices; and
(c) a mailing address and telephone number.
(4) Notwithstanding Subsection 
20A-9-203
(3)(a), each individual seeking to become a
candidate for mayor or municipal council of a municipality incorporating under this part shall
file a declaration of candidacy with the clerk of the county in which the future municipality is
located and in accordance with:
(a) for an incorporation held on the date of a regular general election, the deadlines for
filing a declaration of candidacy under Section 
20A-9-202
; or
(b) for an incorporation held on the date of a municipal general election, the deadlines
for filing a declaration of candidacy under Section 
20A-9-203
.
Section 23. Section 
10-2a-215
 is amended to read:
10-2a-215.
Election of officers of new municipality -- Primary and final election
dates -- Notice of election -- County clerk duties -- Candidate duties -- Occupation of
office.
(1) For the election of municipal officers, the county legislative body shall:
(a) unless a primary election is prohibited under Subsection 
20A-9-404
(2), hold a
primary election; and
(b) unless the election may be cancelled in accordance with Section 
20A-1-206
, hold a
final election.
(2) Each election described in Subsection (1) shall be held:
(a) consistent with the petition sponsors' determination of the length of each council
member's initial term; and
(b) for the incorporation of a city:
(i) appropriate to the form of government chosen by the voters at the incorporation
election;
(ii) consistent with the voters' decision about whether to elect city council members by
district and, if applicable, consistent with the boundaries of those districts as determined by the
petition sponsors; and
(iii) consistent with the sponsors' determination of the number of city council members
to be elected.
(3) (a) Subject to Subsection (3)(b), and notwithstanding Subsection 
20A-1-201.5
(2),
the primary election described in Subsection (1)(a) shall be held at the earliest of the next:
(i) regular primary election described in Subsection 
20A-1-201.5
(1); or
(ii) municipal primary election described in Section 
20A-9-404
.
(b) The county shall hold the primary election, if necessary, on the next election date
described in Subsection (3)(a) that is after the incorporation election conducted under Section
10-2a-210
.
(4) (a) Subject to Subsection (4)(b), the county shall hold the final election described in
Subsection (1)(b):
(i) on the following election date that next follows the date of the incorporation
election held under Subsection 
10-2a-210
(1)(a);
(ii) a regular general election described in Section 
20A-1-201
; or
(iii) a regular municipal general election under Section 
20A-1-202
.
(b) The county shall hold the final election on the earliest of the next election date that
is listed in Subsection (4)(a)(i), (ii), or (iii):
(i) that is after a primary election; or
(ii) if there is no primary election, that is at least:
(A) 75 days after the incorporation election under Section 
10-2a-210
; and
(B) 65 days after the candidate filing period.
(5) The county clerk shall provide notice of an election under this section[
:
] 
for the
future municipality, as a class A notice under Section 
63G-28-102
, for at least two weeks
before the day of the election.
[
(a) (i) at least two weeks before the day of the election, by posting one notice, and at
least one additional notice per 2,000 population of the future municipality, in places within the
future municipality that are most likely to give notice to the voters within the future
municipality, subject to a maximum of 10 notices; or
]
[
(ii) at least two weeks before the day of the election, by mailing notice to each
registered voter within the future municipality;
]
[
(b) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for two weeks before the day of the election;
]
[
(c) if the future municipality has a website, by posting notice on the future
municipality's website for two weeks before the day of the election; and
]
[
(d) by posting notice on the county's website for two weeks before the day of the
election.
]
(6) Until the municipality is incorporated, the county clerk:
(a) is the election officer for all purposes related to the election of municipal officers;
(b) may, as necessary, determine appropriate deadlines, procedures, and instructions
related to the election of municipal officers for a new municipality that are not otherwise
contrary to law;
(c) shall require and determine deadlines for municipal office candidates to file
campaign financial disclosures in accordance with Section 
10-3-208
; and
(d) shall ensure that the ballot for the election includes each office that is required to be
included in the election for officers of the newly incorporated municipality, including the term
of each office.
(7) An individual who has filed as a candidate for an office described in this section
shall comply with:
(a) the campaign finance disclosure requirements described in Section 
10-3-208
; and
(b) the requirements and deadlines established by the county clerk under this section.
(8) Notwithstanding Section 
10-3-201
, the officers elected at a final election described
in Subsection (4)(a) shall take office:
(a) after taking the oath of office; and
(b) at noon on the first Monday following the day on which the election official
transmits a certificate of nomination or election under the officer's seal to each elected
candidate in accordance with Subsection 
20A-4-304
(4)(b).
Section 24. Section 
10-2a-404
 is amended to read:
10-2a-404.
Election -- Notice.
(1) (a) Notwithstanding Section 
20A-1-203
, a county of the first class shall hold a local
special election on November 3, 2015, on the following ballot propositions:
(i) for registered voters residing within a planning township:
(A) whether the planning township shall be incorporated as a city or town, according to
the classifications of Section 
10-2-301
, or as a metro township; and
(B) if the planning township incorporates as a metro township, whether the metro
township is included in a municipal services district; and
(ii) for registered voters residing within an unincorporated island, whether the island
should maintain its unincorporated status or be annexed into an eligible city.
(b) (i) A metro township incorporated under this part shall be governed by the
five-member council in accordance with Chapter 3b, Part 5, Metro Township Council Form of
Municipal Government.
(ii) A city or town incorporated under this part shall be governed by the five-member
council form of government as defined in Section 
10-3b-102
.
(2) Unless a person is a registered voter who resides, as defined in Section 
20A-1-102
,
within the boundaries of a planning township or an unincorporated island, the person may not
vote on the proposed incorporation or annexation.
(3) The county clerk shall post notice of the election [
on the Utah Public Notice
Website, created in Section 
63A-16-601
,
] 
for the planning township or unincorporated island,
as a class A notice under Section 
63G-28-102
,
 for three weeks before the election 
date
.
(4) The notice required by Subsection (3) shall contain:
(a) for residents of a planning township:
(i) a statement that the voters will vote:
(A) to incorporate as a city or town, according to the classifications of Section
10-2-301
, or as a metro township; and
(B) if the planning township incorporates as a metro township, whether the metro
township is included in a municipal services district;
(ii) if applicable under Subsection 
10-2a-405
(5), a map showing the alteration to the
planning township boundaries that would be effective upon incorporation;
(iii) a statement that if the residents of the planning township elect to incorporate:
(A) as a metro township, the metro township shall be governed by a five-member
metro township council in accordance with Chapter 3b, Part 5, Metro Township Council Form
of Municipal Government; or
(B) as a city or town, the city or town shall be governed by the five-member council
form of government as defined in Section 
10-3b-102
; and
(iv) a statement of the date and time of the election and the location of polling places;
(b) for residents of an unincorporated island:
(i) a statement that the voters will vote either to be annexed into an eligible city or
maintain unincorporated status; and
(ii) a statement of the eligible city, as determined by the county legislative body in
accordance with Section 
10-2a-405
, the unincorporated island may elect to be annexed by; and
(c) a statement of the date and time of the election and the location of polling places.
[
(5) (a) In addition to the notice required under Subsection (3), the county clerk shall
post at least one notice of the election per 1,000 population in conspicuous places within the
planning township or unincorporated island that are most likely to give notice of the election to
the voters of the proposed incorporation or annexation, subject to a maximum of 10 notices.
]
[
(b) The clerk shall post the notices under Subsection (5)(a) at least seven days before
the election under Subsection (1).
]
[
(6)
] 
(5)
 (a) In a planning township, if a majority of those casting votes within the
planning township vote to:
(i) incorporate as a city or town, the planning township shall incorporate as a city or
town, respectively; or
(ii) incorporate as a metro township, the planning township shall incorporate as a metro
township.
(b) If a majority of those casting votes within the planning township vote to incorporate
as a metro township, and a majority of those casting votes vote to include the metro township
in a municipal services district and limit the metro township's municipal powers, the metro
township shall be included in a municipal services district and have limited municipal powers.
(c) In an unincorporated island, if a majority of those casting a vote within the selected
unincorporated island vote to:
(i) be annexed by the eligible city, the area shall be annexed by the eligible city; or
(ii) remain an unincorporated area, the area shall remain unincorporated.
[
(7)
] 
(6)
 The county shall, in consultation with interested parties, prepare and provide
information on an annexation or incorporation subject to this part and an election held in
accordance with this section.
Section 25. Section 
10-2a-405
 is amended to read:
10-2a-405.
Duties of county legislative body -- Public hearing -- Notice -- Other
election and incorporation issues -- Rural real property excluded.
(1) The legislative body of a county of the first class shall before an election described
in Section 
10-2a-404
:
(a) in accordance with Subsection (3), provide notice of the public hearing described in
Subsection (1)(b);
(b) hold a public hearing; and
(c) at the public hearing, adopt a resolution:
(i) identifying, including a map prepared by the county surveyor, all unincorporated
islands within the county;
(ii) identifying each eligible city that will annex each unincorporated island, including
whether the unincorporated island may be annexed by one eligible city or divided and annexed
by multiple eligible cities, if approved by the residents at an election under Section 
10-2a-404
;
and
(iii) identifying, including a map prepared by the county surveyor, the planning
townships within the county and any changes to the boundaries of a planning township that the
county legislative body proposes under Subsection (5).
(2) The county legislative body shall exclude from a resolution adopted under
Subsection (1)(c) rural real property unless the owner of the rural real property provides written
consent to include the property in accordance with Subsection (7).
(3) (a) The county clerk shall provide notice of the public hearing described in
Subsection (1)(b)[
:
] 
for the unincorporated island or planning township, as a class B notice
under Section 
63G-28-102
, for at least 15 days before the day of the public hearing.
[
(i) by mailing notice to each owner of real property located in an unincorporated
island or planning township no later than 15 days before the day of the public hearing;
]
[
(ii) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for three weeks before the day of the public hearing; and
]
[
(iii) by posting at least one notice of the hearing per 1,000 population in conspicuous
places within the selected unincorporated island, eligible city, or planning township, as
applicable, that are most likely to give notice of the hearing to the residents of the
unincorporated island, eligible city, or planning township, subject to a maximum of 10
notices.
]
[
(b) The clerk shall post the notices under Subsection (3)(a)(iii) at least seven days
before the hearing under Subsection (1)(b).
]
[
(c)
] 
(b)
 The notice under Subsection (3)(a) shall include:
(i) (A) for a resident of an unincorporated island, a statement that the property in the
unincorporated island may be, if approved at an election under Section 
10-2a-404
, annexed by
an eligible city, including divided and annexed by multiple cities if applicable, and the name of
the eligible city or cities; or
(B) for residents of a planning township, a statement that the property in the planning
township shall be, pending the results of the election held under Section 
10-2a-404
,
incorporated as a city, town, or metro township;
(ii) the location and time of the public hearing; and
(iii) the county website where a map may be accessed showing:
(A) how the unincorporated island boundaries will change if annexed by an eligible
city; or
(B) how the planning township area boundaries will change, if applicable under
Subsection (5), when the planning township incorporates as a metro township or as a city or
town.
[
(d)
] 
(c)
 The county clerk shall publish a map described in Subsection [
(3)(c)(iii)
]
(3)(b)(iii)
 on the county website.
(4) The county legislative body may, by ordinance or resolution adopted at a public
meeting and in accordance with applicable law, resolve an issue that arises with an election
held in accordance with this part or the incorporation and establishment of a metro township in
accordance with this part.
(5) (a) The county legislative body may, by ordinance or resolution adopted at a public
meeting, change the boundaries of a planning township.
(b) A change to a planning township boundary under this Subsection (5) is effective
only upon the vote of the residents of the planning township at an election under Section
10-2a-404
 to incorporate as a metro township or as a city or town and does not affect the
boundaries of the planning township before the election.
(c) The county legislative body:
(i) may alter a planning township boundary under Subsection (5)(a) only if the
alteration:
(A) affects less than 5% of the residents residing within the planning advisory area; and
(B) does not increase the area located within the planning township's boundaries; and
(ii) may not alter the boundaries of a planning township whose boundaries are entirely
surrounded by one or more municipalities.
(6) After November 2, 2015, and before January 1, 2017, a person may not initiate an
annexation or an incorporation process that, if approved, would change the boundaries of a
planning township.
(7) (a) As used in this Subsection (7), "rural real property" means an area:
(i) zoned primarily for manufacturing, commercial, or agricultural purposes; and
(ii) that does not include residential units with a density greater than one unit per acre.
(b) Unless an owner of rural real property gives written consent to a county legislative
body, rural real property described in Subsection (7)(c) may not be:
(i) included in a planning township identified under Subsection (1)(c); or
(ii) incorporated as part of a metro township, city, or town, in accordance with this
part.
(c) The following rural real property is subject to an owner's written consent under
Subsection (7)(b):
(i) rural real property that consists of 1,500 or more contiguous acres of real property
consisting of one or more tax parcels;
(ii) rural real property that is not contiguous to, but used in connection with, rural real
property that consists of 1,500 or more contiguous acres of real property consisting of one or
more tax parcels;
(iii) rural real property that is owned, managed, or controlled by a person, company, or
association, including a parent, subsidiary, or affiliate related to the owner of 1,500 or more
contiguous acres of rural real property consisting of one or more tax parcels; or
(iv) rural real property that is located in whole or in part in one of the following as
defined in Section 
17-41-101
:
(A) an agricultural protection area;
(B) an industrial protection area; or
(C) a mining protection area.
Section 26. Section 
10-2a-410
 is amended to read:
10-2a-410.
Determination of metro township districts -- Determination of metro
township or city initial officer terms -- Adoption of proposed districts -- Notice.
(1) (a) If a metro township with a population of 10,000 or more is incorporated in
accordance with an election held under Section 
10-2a-404
:
(i) each of the five metro township council members shall be elected by district; and
(ii) the boundaries of the five council districts for election and the terms of office shall
be designated and determined in accordance with this section.
(b) If a metro township with a population of less than 10,000 or a town is incorporated
at an election held in accordance with Section 
10-2a-404
, the five council members shall be
elected at-large for terms as designated and determined in accordance with this section.
(c) If a city is incorporated at an election held in accordance with Section 
10-2a-404
:
(i) (A) the four members of the council district who are not the mayor shall be elected
by district; and
(B) the boundaries of the four council districts for election and the term of office shall
be designated and determined in accordance with this section; and
(ii) the mayor shall be elected at-large for a term designated and determined in
accordance with this section.
(2) (a) No later than 90 days after the election day on which the metro township, city,
or town is successfully incorporated under this part, the legislative body of the county in which
the metro township, city, or town is located shall adopt by resolution:
(i) subject to Subsection (2)(b), for each incorporated metro township, city, or town,
the council terms for a length of time in accordance with this section; and
(ii) (A) for a metro township with a population of 10,000 or more, the boundaries of
the five council districts; and
(B) for a city, the boundaries of the four council districts.
(b) (i) For each metro township, city, or town, the county legislative body shall set the
initial terms of the members of the metro township council, city council, or town council so
that:
(A) except as provided in Subsection (2)(b)(ii), approximately half the members of the
council, including the mayor in the case of a city, are elected to serve an initial term, of no less
than one year, that allows their successors to serve a full four-year term that coincides with the
schedule established in Subsection 
10-3-205
(1); and
(B) the remaining members of the council are elected to serve an initial term, of no less
than one year, that allows their successors to serve a full four-year term that coincides with the
schedule established in Subsection 
10-3-205
(2).
(ii) For a city that incorporated in a county of the first class in 2016, the term of office
for the office of mayor is:
(A) three years for the initial term of office; and
(B) four years for each subsequent term of office.
(iii) For a metro township with a population of 10,000 or more, the county legislative
body shall divide the metro township into five council districts that comply with Section
10-3-205.5
.
(iv) For a city, the county legislative body shall divide the city into four council
districts that comply with Section 
10-3-205.5
.
(3) (a) Within 20 days of the county legislative body's adoption of a resolution under
Subsection (2), the county clerk shall provide a notice, in accordance with Subsection (3)(b),
containing:
(i) if applicable, a description of the boundaries, as designated in the resolution, of:
(A) for a metro township with a population of 10,000 or more, the metro township
council districts; or
(B) the city council districts;
(ii) information about the deadline for filing a declaration of candidacy for those
seeking to become candidates for metro township council, city council, town council, or city
mayor, respectively; and
(iii) information about the length of the initial term of city mayor or each of the metro
township, city, or town council offices, as described in the resolution.
(b) The county clerk shall provide the notice required under Subsection (3)(a)[
:
] 
for the
future metro township, as a class A notice under Section 
63G-28-102
, for at least seven days
before the deadline for filing a declaration of candidacy under Subsection (4).
[
(i) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for two weeks; and
]
[
(ii) by posting at least one notice per 1,000 population in conspicuous places within
the future metro township, city, or town that are most likely to give notice to the residents of
the future metro township, city, or town, subject to a maximum of 10 notices.
]
(c) The notice under Subsection [
(3)(b)(ii)
] 
(3)(b)
 shall contain the information
required under Subsection (3)(a).
[
(d) The county clerk shall post the notices under Subsection (3)(b)(ii) at least seven
days before the deadline for filing a declaration of candidacy under Subsection (4).
]
(4) A person seeking to become a candidate for metro township, city, or town council
or city mayor shall, in accordance with Section 
20A-9-202
, file a declaration of candidacy with
the clerk of the county in which the metro township, city, or town is located for an election
described in Section 
10-2a-411
.
Section 27. Section 
10-3-301
 is amended to read:
10-3-301.
Notice -- Eligibility and residency requirements for elected municipal
office -- Mayor and recorder limitations.
(1) As used in this section:
(a) "Absent" means that an elected municipal officer fails to perform official duties,
including the officer's failure to attend each regularly scheduled meeting that the officer is
required to attend.
(b) "Principal place of residence" means the same as that term is defined in Section
20A-2-105
.
(c) "Secondary residence" means a place where an individual resides other than the
individual's principal place of residence.
(2) (a) On or before May 1 in a year in which there is a municipal general election, the
municipal clerk shall publish a notice that identifies:
(i) the municipal offices to be voted on in the municipal general election; and
(ii) the dates for filing a declaration of candidacy for the offices identified under
Subsection (2)(a)(i).
(b) The municipal clerk shall publish the notice described in Subsection (2)(a)[
:
] 
for
the municipality, as a class A notice under Section 
63G-28-102
, for at least seven days.
[
(i) on the Utah Public Notice Website established by Section 
63A-16-601
; and
]
[
(ii) in at least one of the following ways:
]
[
(A) at the principal office of the municipality;
]
[
(B) in a newsletter produced by the municipality;
]
[
(C) on a website operated by the municipality; or
]
[
(D) with a utility enterprise fund customer's bill.
]
(3) (a) An individual who files a declaration of candidacy for a municipal office shall
comply with the requirements described in Section 
20A-9-203
.
(b) (i) Except as provided in Subsection (3)(b)(ii), the city recorder or town clerk of
each municipality shall maintain office hours 8 a.m. to 5 p.m. on the dates described in
Subsections 
20A-9-203
(3)(a)(i) and (c)(i) unless the date occurs on a:
(A) Saturday or Sunday; or
(B) state holiday as listed in Section 
63G-1-301
.
(ii) If on a regular basis a city recorder or town clerk maintains an office schedule that
is less than 40 hours per week, the city recorder or town clerk may comply with Subsection
(3)(b)(i) without maintaining office hours by:
(A) posting the recorder's or clerk's contact information, including a phone number and
email address, on the recorder's or clerk's office door, the main door to the municipal offices,
and, if available, on the municipal website; and
(B) being available from 8 a.m. to 5 p.m. on the dates described in Subsection (3)(b)(i),
via the contact information described in Subsection (3)(b)(ii)(A).
(4) An individual elected to municipal office shall be a registered voter in the
municipality in which the individual is elected.
(5) (a) Each elected officer of a municipality shall maintain a principal place of
residence within the municipality, and within the district that the elected officer represents,
during the officer's term of office.
(b) Except as provided in Subsection (6), an elected municipal office is automatically
vacant if the officer elected to the municipal office, during the officer's term of office:
(i) establishes a principal place of residence outside the district that the elected officer
represents;
(ii) resides at a secondary residence outside the district that the elected officer
represents for a continuous period of more than 60 days while still maintaining a principal
place of residence within the district;
(iii) is absent from the district that the elected officer represents for a continuous period
of more than 60 days; or
(iv) fails to respond to a request, within 30 days after the day on which the elected
officer receives the request, from the county clerk or the lieutenant governor seeking
information to determine the officer's residency.
(6) (a) Notwithstanding Subsection (5), if an elected municipal officer obtains the
consent of the municipal legislative body in accordance with Subsection (6)(b) before the
expiration of the 60-day period described in Subsection (5)(b)(ii) or (iii), the officer may:
(i) reside at a secondary residence outside the district that the elected officer represents
while still maintaining a principal place of residence within the district for a continuous period
of up to one year during the officer's term of office; or
(ii) be absent from the district that the elected officer represents for a continuous period
of up to one year during the officer's term of office.
(b) At a public meeting, the municipal legislative body may give the consent described
in Subsection (6)(a) by majority vote after taking public comment regarding:
(i) whether the legislative body should give the consent; and
(ii) the length of time to which the legislative body should consent.
(7) (a) The mayor of a municipality may not also serve as the municipal recorder or
treasurer.
(b) The recorder of a municipality may not also serve as the municipal treasurer.
(c) An individual who holds a county elected office may not, at the same time, hold a
municipal elected office.
(d) The restriction described in Subsection (7)(c) applies regardless of whether the
individual is elected to the office or appointed to fill a vacancy in the office.
Section 28. Section 
10-3-711
 is amended to read:
10-3-711.
Publication and posting of ordinances.
(1) Before an ordinance may take effect, the legislative body of each municipality
adopting an ordinance, except an ordinance enacted under Section 
10-3-706
, 
10-3-707
,
10-3-708
, 
10-3-709
, or 
10-3-710
, shall:
(a) deposit a copy of the ordinance in the office of the municipal recorder; and
(b) [
(i)
] publish 
for the municipality
 a short summary of the ordinance [
on the Utah
Public Notice Website created in Section 
63A-16-601
; or
]
, as a class A notice under Section
63G-28-102
.
[
(ii) post a complete copy of the ordinance:
]
[
(A) for a city of the first class, in nine public places within the city; or
]
[
(B) for any other municipality, in three public places within the municipality.
]
(2) (a) Any ordinance, code, or book, other than the state code, relating to building or
safety standards, municipal functions, administration, control, or regulations, may be adopted
and shall take effect without further publication or posting, if reference is made to the code or
book and at least one copy has been filed for use and examination by the public in the office of
the recorder or clerk of the city or town prior to the adoption of the ordinance by the governing
body.
(b) Any state law relating to building or safety standards, municipal functions,
administration, control, or regulations, may be adopted and shall take effect without further
publication or posting if reference is made to the state code.
(c) The ordinance adopting the code or book shall be published in the manner provided
in this section.
Section 29. Section 
10-3-818
 is amended to read:
10-3-818.
Salaries in municipalities -- Notice.
(1) The elective and statutory officers of municipalities shall receive such
compensation for their services as the governing body may fix by ordinance adopting
compensation or compensation schedules enacted after public hearing.
(2) Upon its own motion the governing body may review or consider the compensation
of any officer or officers of the municipality or a salary schedule applicable to any officer or
officers of the city for the purpose of determining whether or not it should be adopted, changed,
or amended. In the event that the governing body decides that the compensation or
compensation schedules should be adopted, changed, or amended, it shall set a time and place
for a public hearing at which all interested persons shall be given an opportunity to be heard.
(3) [
(a)
] Notice of the time, place, and purpose of the meeting shall be published
,
for
 at
least seven days before 
the day of
 the meeting [
by publication:
]
, for the municipality, as a class
A notice under Section 
63G-28-102
.
[
(i) at least once in a newspaper published in the county within which the municipality
is situated and generally circulated in the municipality; and
]
[
(ii) on the Utah Public Notice Website created in Section 
63A-16-601
.
]
[
(b) If there is not a newspaper as described in Subsection (3)(a)(i), then notice shall be
given by posting this notice in three public places in the municipality.
]
(4) After the conclusion of the public hearing, the governing body may enact an
ordinance fixing, changing, or amending the compensation of any elective or appointive officer
of the municipality or adopting a compensation schedule applicable to any officer or officers.
(5) Any ordinance enacted before Laws of Utah 1977, Chapter 48, by a municipality
establishing a salary or compensation schedule for its elective or appointive officers and any
salary fixed prior to Laws of Utah 1977, Chapter 48, shall remain effective until the
municipality has enacted an ordinance pursuant to the provisions of this chapter.
(6) The compensation of all municipal officers shall be paid at least monthly out of the
municipal treasury provided that municipalities having 1,000 or fewer population may by
ordinance provide for the payment of its statutory officers less frequently. None of the
provisions of this chapter shall be considered as limiting or restricting the authority to any
municipality that has adopted or does adopt a charter pursuant to Utah Constitution, Article XI,
Section 5, to determine the salaries of its elective and appointive officers or employees.
Section 30. Section 
10-3c-204
 is amended to read:
10-3c-204.
Taxing authority limited -- Notice.
(1) A metro township may impose:
(a) a municipal energy sales and use tax in accordance with Chapter 1, Part 3,
Municipal Energy Sales and Use Tax Act; or
(b) a municipal telecommunication's license tax in accordance with Chapter 1, Part 4,
Municipal Telecommunications License Tax Act.
(2) (a) Before a metro township enacts a tax described in Subsection (1), the metro
township council shall hold a public hearing:
(i) on a weekday evening other than a holiday beginning no earlier than 6:00 p.m.;
(ii) that is open to the public; and
(iii) to allow an individual present to comment on the proposed tax:
(A) within reasonable time limits; and
(B) without unreasonable restriction on the number of individuals permitted to
comment on the proposed tax.
(b) (i) A metro township council shall publish notice of the public hearing described in
Subsection (2)(a)[
:
] 
for the metro township, as a class A notice under Section 
63G-28-102
, for
at least 14 days before the day of the public hearing.
[
(A) by mailing notice to each mailing address in the metro township at least 14 days
before the day of the public hearing;
]
[
(B) by posting notice on the Utah Public Notice Website created in Section
63A-16-601
 for each of the 14 days before the day of the public hearing; and
]
[
(C) if the metro township has a website, by posting notice on the metro township's
website for each of the 14 days before the day of the public hearing.
]
(ii) The council of a metro township that is included in a municipal services district
satisfies the requirement described in Subsection [
(2)(b)(i)(A)
] 
(2)(b)(i)
 by mailing notice, at
least 14 days before the day of the public hearing, to each mailing address in the metro
township, using records or information available to the municipal services district in which the
metro township is included.
(c) The notice described in Subsection (2)(b) shall:
(i) state "NOTICE OF PROPOSED TAX" at the top of the notice, in bold upper-case
type no smaller than 18 point;
(ii) indicate the date, time, and location of the public hearing described in Subsection
(2)(a); and
(iii) indicate the proposed tax rate.
Section 31. Section 
10-5-107.5
 is amended to read:
10-5-107.5.
Transfer of enterprise fund money to another fund -- Notice.
(1) As used in this section:
(a) "Budget hearing" means a public hearing required under Section 
10-5-108
.
(b) "Enterprise fund accounting data" means a detailed overview of the various
enterprise funds of the town that includes:
(i) a cost accounting breakdown of how money in the enterprise fund is being used to
cover, as applicable:
(A) administrative and overhead costs of the town attributable to the operation of the
enterprise for which the enterprise fund was created; and
(B) other costs not associated with the enterprise for which the enterprise fund was
created; and
(ii) specific enterprise fund information.
(c) "Enterprise fund hearing" means the public hearing required under Subsection
(3)(d).
(d) "Specific enterprise fund information" means:
(i) the dollar amount of transfers from an enterprise fund to another fund; and
(ii) the percentage of the total enterprise fund expenditures represented by each transfer
to another fund.
(2) Subject to the requirements of this section, a town may transfer money in an
enterprise fund to another fund to pay for a good, service, project, venture, or other purpose
that is not directly related to the goods or services provided by the enterprise for which the
enterprise fund was created.
(3) The governing body of a town that intends to transfer money in an enterprise fund
to another fund shall:
(a) provide notice of the intended transfer as required under Subsection (4);
(b) clearly identify in a separate section or document accompanying the town's
tentative budget or, if an amendment to the town's budget includes or is based on an intended
transfer, in a separate section or document accompanying the amendment to the town's budget:
(i) the enterprise fund from which money is intended to be transferred; and
(ii) the specific enterprise fund information for that enterprise fund;
(c) provide notice of an enterprise fund hearing, as required in Subsection (4); and
(d) hold an enterprise fund hearing before the adoption of the town's budget or, if
applicable, the amendment to the budget.
(4) (a) At least seven days before holding an enterprise fund hearing, a governing body
shall[
:
]
[
(i)
] provide the notice described in Subsection (4)(b) [
by:
] 
for the town, as a class B
notice under Section 
63G-28-102
.
[
(A) mailing a copy of the notice to users of the goods or services provided by the
enterprise for which the enterprise fund was created, if the town regularly mails users a
periodic billing for the goods or services;
]
[
(B) emailing a copy of the notice to users of the goods or services provided by the
enterprise for which the enterprise fund was created, if the town regularly emails users a
periodic billing for the goods or services;
]
[
(C) posting the notice on the Utah Public Notice Website created in Section
63A-16-601
; and
]
[
(D) if the town has a website, prominently posting the notice on the town's website
until the enterprise fund hearing is concluded; and
]
[
(ii) if the town communicates with the public through a social media platform, publish
notice of the date, time, place, and purpose of the enterprise fund hearing using the social
media platform.
]
(b) The notice required under Subsection [
(4)(a)(i)
] 
(4)(a)
 shall:
(i) explain the intended transfer of enterprise fund money to another fund;
(ii) include specific enterprise fund information for each enterprise fund from which
money is intended to be transferred;
(iii) provide the date, time, and place of the enterprise fund hearing; and
(iv) explain the purpose of the enterprise fund hearing.
(5) (a) An enterprise fund hearing shall be separate and independent from a budget
hearing and any other public hearing.
(b) At an enterprise fund hearing, the governing body shall:
(i) explain the intended transfer of enterprise fund money to another fund;
(ii) provide enterprise fund accounting data to the public; and
(iii) allow members of the public in attendance at the hearing to comment on:
(A) the intended transfer of enterprise fund money to another fund; and
(B) the enterprise fund accounting data.
(6) (a) If a governing body adopts a budget or a budget amendment that includes or is
based on a transfer of money from an enterprise fund to another fund, the governing body shall:
(i) within 60 days after adopting the budget or budget amendment:
(A) mail a notice to users of the goods or services provided by the enterprise for which
the enterprise fund was created, if the town regularly mails users a periodic billing for the
goods or services; and
(B) email a notice to users of the goods or services provided by the enterprise for
which the enterprise fund was created, if the town regularly emails users a periodic billing for
the goods or services;
(ii) within seven days after adopting the budget or budget amendment:
(A) post enterprise fund accounting data on the town's website, if the town has a
website;
(B) using the town's social media platform, publish notice of the adoption of a budget
or budget amendment that includes or is based on a transfer of money from an enterprise fund
to another fund, if the town communicates with the public through a social media platform; and
(iii) within 30 days after adopting the budget, submit to the state auditor the specific
enterprise fund information for each enterprise fund from which money will be transferred.
(b) A notice required under Subsection (6)(a)(i) shall:
(i) announce the adoption of a budget or budget amendment that includes or is based
on a transfer of money from an enterprise fund to another fund; and
(ii) include the specific enterprise fund information.
(c) The governing body shall maintain the website posting required under Subsection
(6)(a)(ii)(A) continuously until another posting is required under Subsection [
(4)(a)(i)(C)
]
(4)(a)
.
Section 32. Section 
10-5-108
 is amended to read:
10-5-108.
Budget hearing -- Notice -- Adjustments.
(1) Prior to the adoption of the final budget or an amendment to a budget, a town
council shall hold a public hearing to receive public comment.
(2) The town council shall provide notice of the place, purpose, and time of the public
hearing by [
posting
] 
providing
 notice 
for the town or metro township, as a class A notice under
Section 
63G-28-102
, for
 at least seven days before the hearing[
:
]
.
[
(a) in three public places at least 48 hours before the hearing;
]
[
(b) on the Utah Public Notice Website created in Section 
63A-16-601
; and
]
[
(c) on the home page of the website, either in full or as a link, of the town or metro
township, if the town or metro township has a publicly viewable website, until the hearing
takes place.
]
(3) After the hearing, the town council, subject to Section 
10-5-110
, may adjust
expenditures and revenues in conformity with this chapter.
Section 33. Section 
10-6-113
 is amended to read:
10-6-113.
Budget -- Notice of hearing to consider adoption.
At the meeting at which each tentative budget is adopted, the governing body shall
establish the time and place of a public hearing to consider its adoption and shall order that
notice of the public hearing be published 
for the city or metro township, as a class A notice
under Section 
63G-28-102
, for
 at least seven days [
prior to
] 
before the day of
 the hearing[
:
]
.
[
(1) in three public places within the city;
]
[
(2) on the Utah Public Notice Website created in Section 
63A-16-601
; and
]
[
(3) on the home page of the website, either in full or as a link, of the city or metro
township, if the city or metro township has a publicly viewable website, until the hearing takes
place.
]
Section 34. Section 
10-6-135.5
 is amended to read:
10-6-135.5.
Transfer of enterprise fund money to another fund -- Notice.
(1) As used in this section:
(a) "Budget hearing" means a public hearing required under Section 
10-6-114
.
(b) "Enterprise fund accounting data" means a detailed overview of the various
enterprise funds of the city that includes:
(i) a cost accounting breakdown of how money in the enterprise fund is being used to
cover, as applicable:
(A) administrative and overhead costs of the city attributable to the operation of the
enterprise for which the enterprise fund was created; and
(B) other costs not associated with the enterprise for which the enterprise fund was
created; and
(ii) specific enterprise fund information.
(c) "Enterprise fund hearing" means the public hearing required under Subsection
(3)(d).
(d) "Specific enterprise fund information" means:
(i) the dollar amount of transfers from an enterprise fund to another fund; and
(ii) the percentage of the total enterprise fund expenditures represented by each transfer
to another fund.
(2) Subject to the requirements of this section, a city may transfer money in an
enterprise fund to another fund to pay for a good, service, project, venture, or other purpose
that is not directly related to the goods or services provided by the enterprise for which the
enterprise fund was created.
(3) The governing body of a city that intends to transfer money in an enterprise fund to
another fund shall:
(a) provide notice of the intended transfer as required under Subsection (4);
(b) clearly identify in a separate section or document accompanying the city's tentative
budget or, if an amendment to the city's budget includes or is based on an intended transfer, in
a separate section or document accompanying the amendment to the city's budget:
(i) the enterprise fund from which money is intended to be transferred; and
(ii) the specific enterprise fund information for that enterprise fund;
(c) provide notice of an enterprise fund hearing, as required in Subsection (4); and
(d) hold an enterprise fund hearing before the adoption of the city's budget or, if
applicable, the amendment to the budget.
(4) (a) [
At
] 
For at
 least seven days before holding an enterprise fund hearing, a
governing body shall[
:(i)
] provide the notice described in Subsection (4)(b) [
by:
] 
for the city, as
a class A notice under Section 
63G-28-102
.
[
(A) mailing a copy of the notice to users of the goods or services provided by the
enterprise for which the enterprise fund was created, if the city regularly mails users a periodic
billing for the goods or services;
]
[
(B) emailing a copy of the notice to users of the goods or services provided by the
enterprise for which the enterprise fund was created, if the city regularly emails users a periodic
billing for the goods or services;
]
[
(C) posting the notice on the Utah Public Notice Website created in Section
63A-16-601
; and
]
[
(D) if the city has a website, prominently posting the notice on the city's website until
the enterprise fund hearing is concluded; and
]
[
(ii) if the city communicates with the public through a social media platform, publish
notice of the date, time, place, and purpose of the enterprise fund hearing using the social
media platform.
]
(b) The notice required under Subsection [
(4)(a)(i)
] 
(4)(a)
 shall:
(i) explain the intended transfer of enterprise fund money to another fund;
(ii) include specific enterprise fund information for each enterprise fund from which
money is intended to be transferred;
(iii) provide the date, time, and place of the enterprise fund hearing; and
(iv) explain the purpose of the enterprise fund hearing.
(5) (a) An enterprise fund hearing shall be separate and independent from a budget
hearing and any other public hearing.
(b) At an enterprise fund hearing, the governing body shall:
(i) explain the intended transfer of enterprise fund money to another fund;
(ii) provide enterprise fund accounting data to the public; and
(iii) allow members of the public in attendance at the hearing to comment on:
(A) the intended transfer of enterprise fund money to another fund; and
(B) the enterprise fund accounting data.
(6) (a) If a governing body adopts a budget or a budget amendment that includes or is
based on a transfer of money from an enterprise fund to another fund, the governing body shall:
(i) within 60 days after adopting the budget or budget amendment:
(A) mail a notice to users of the goods or services provided by the enterprise for which
the enterprise fund was created, if the city regularly mails users a periodic billing for the goods
or services; and
(B) email a notice to users of the goods or services provided by the enterprise for
which the enterprise fund was created, if the city regularly emails users a periodic billing for
the goods or services;
(ii) within seven days after adopting the budget or budget amendment:
(A) post enterprise fund accounting data on the city's website, if the city has a website;
(B) using the city's social media platform, publish notice of the adoption of a budget or
budget amendment that includes or is based on a transfer of money from an enterprise fund to
another fund, if the city communicates with the public through a social media platform; and
(iii) within 30 days after adopting the budget, submit to the state auditor the specific
enterprise fund information for each enterprise fund from which money will be transferred.
(b) A notice required under Subsection (6)(a)(i) shall:
(i) announce the adoption of a budget or budget amendment that includes or is based
on a transfer of money from an enterprise fund to another fund; and
(ii) include the specific enterprise fund information.
(c) The governing body shall maintain the website posting required under Subsection
(6)(a)(ii)(A) continuously until another posting is required under Subsection [
(4)(a)(i)(C)
]
(4)(a)
.
Section 35. Section 
10-6-152
 is amended to read:
10-6-152.
Notice that audit completed and available for inspection.
Within 10 days following the receipt of the audit report furnished by the independent
auditor, the city auditor in cities having an auditor and the city recorder in all other cities shall:
(1) prepare a notice to the public that the audit of the city has been completed;
(2) [
post
] 
provide
 the notice[
:
] 
for the city or metro township, as a class A notice under
Section 
63G-28-102
, for at least 10 days; and
[
(a) in three public places; and
]
[
(b) on the Utah Public Notice Website created in Section 
63A-16-601
; and
]
(3) make a copy of the notice described in Subsection (1) available for inspection at the
office of the city auditor or recorder.
Section 36. Section 
10-7-16
 is amended to read:
10-7-16.
Call for bids -- Notice -- Contents.
(1) (a) Before holding an election under Subsection 
10-7-15
(1)(a)(ii), the municipal
legislative body shall open to bid the sale or lease of the property mentioned in Section
10-7-15
.
(b) The municipal legislative body shall [
cause
] 
publish
 notice of the bid process [
to be
given by publication
] 
for the municipality, as a class A notice under Section 
63G-28-102
,
 for at
least three consecutive weeks [
on the Utah Public Notice Website created in Section
63A-16-601
].
(c) The notice described in Subsection (1) shall:
(i) give a general description of the property to be sold or leased;
(ii) specify the time when sealed bids for the property, or for a lease on the property,
will be received; and
(iii) specify the time when and the place where the bids will be opened.
(2) (a) As used in this section and in Section 
10-7-17
, "responsible bidder" means an
entity with a proven history of successful operation of an electrical generation and distribution
system, or an equivalent proven history.
(b) Subject to Subsection (2)(c), a municipal legislative body may receive or refuse to
receive any bid submitted for the sale or lease of the electrical works and plant.
(c) A municipal legislative body may not receive a bid unless the municipal legislative
body determines that the bid is submitted by a responsible bidder.
Section 37. Section 
10-7-19
 is amended to read:
10-7-19.
Election to authorize -- Notice -- Ballots.
(1) Subject to Subsection (2), the board of commissioners or city council of any city, or
the board of trustees of any incorporated town, may aid and encourage the building of railroads
by granting to any railroad company, for depot or other railroad purposes, real property of the
city or incorporated town, not necessary for municipal or public purposes, upon the limitations
and conditions established by the board of commissioners, city council, or board of trustees.
(2) A board of commissioners, city council, or board of trustees may not grant real
property under Subsection (1) unless the grant is approved by the eligible voters of the city or
town at the next municipal election, or at a special election called for that purpose by the board
of commissioners, city council, or board of trustees.
(3) If the question is submitted at a special election, the election shall be held as nearly
as practicable in conformity with the general election laws of the state.
(4) The board of commissioners, city council, or board of trustees shall publish notice
of an election described in Subsections (2) and (3)[
:
] 
for the city or town, as a class B notice
under Section 
63G-28-102
, for at least four weeks before the day of the election.
[
(a) (i) at least four weeks before the day of the election, by posting one notice, and at
least one additional notice per 2,000 population of the city or town, in places within the city or
town that are most likely to give notice to the voters in the city or town; or
]
[
(ii) at least four weeks before the day of the election, by mailing notice to each
registered voter in the city or town;
]
[
(b) on the Utah Public Notice Website created in Section 
63A-16-601
, for four weeks
before the day of the election; and
]
[
(c) if the municipality has a website, on the municipality's website for at least four
weeks before the day of the election.
]
(5) The board of commissioners, city council, or board of trustees shall cause ballots to
be printed and provided to the eligible voters, which shall read: "For the proposed grant for
depot or other railroad purposes: Yes. No."
(6) If a majority of the votes are cast in favor of the grant, the board of commissioners,
city council, or board of trustees shall convey the real property to the railroad company.
Section 38. Section 
10-8-2
 is amended to read:
10-8-2.
Appropriations -- Acquisition and disposal of property -- Municipal
authority -- Corporate purpose -- Procedure -- Notice of intent to acquire real property.
(1) (a) Subject to Section 
11-41-103
, a municipal legislative body may:
(i) appropriate money for corporate purposes only;
(ii) provide for payment of debts and expenses of the corporation;
(iii) subject to Subsections (4) and (5), purchase, receive, hold, sell, lease, convey, and
dispose of real and personal property for the benefit of the municipality, whether the property is
within or without the municipality's corporate boundaries, if the action is in the public interest
and complies with other law;
(iv) improve, protect, and do any other thing in relation to this property that an
individual could do; and
(v) subject to Subsection (2) and after first holding a public hearing, authorize
municipal services or other nonmonetary assistance to be provided to or waive fees required to
be paid by a nonprofit entity, whether or not the municipality receives consideration in return.
(b) A municipality may:
(i) furnish all necessary local public services within the municipality;
(ii) purchase, hire, construct, own, maintain and operate, or lease public utilities
located and operating within and operated by the municipality; and
(iii) subject to Subsection (1)(c), acquire by eminent domain, or otherwise, property
located inside or outside the corporate limits of the municipality and necessary for any of the
purposes stated in Subsections (1)(b)(i) and (ii), subject to restrictions imposed by Title 78B,
Chapter 6, Part 5, Eminent Domain, and general law for the protection of other communities.
(c) Each municipality that intends to acquire property by eminent domain under
Subsection (1)(b) shall comply with the requirements of Section 
78B-6-505
.
(d) Subsection (1)(b) may not be construed to diminish any other authority a
municipality may claim to have under the law to acquire by eminent domain property located
inside or outside the municipality.
(2) (a) Services or assistance provided pursuant to Subsection (1)(a)(v) is not subject to
the provisions of Subsection (3).
(b) The total amount of services or other nonmonetary assistance provided or fees
waived under Subsection (1)(a)(v) in any given fiscal year may not exceed 1% of the
municipality's budget for that fiscal year.
(3) It is considered a corporate purpose to appropriate money for any purpose that, in
the judgment of the municipal legislative body, provides for the safety, health, prosperity,
moral well-being, peace, order, comfort, or convenience of the inhabitants of the municipality
subject to this Subsection (3).
(a) The net value received for any money appropriated shall be measured on a
project-by-project basis over the life of the project.
(b) (i) A municipal legislative body shall establish the criteria for a determination
under this Subsection (3).
(ii) A municipal legislative body's determination of value received is presumed valid
unless a person can show that the determination was arbitrary, capricious, or illegal.
(c) The municipality may consider intangible benefits received by the municipality in
determining net value received.
(d) (i) Before the municipal legislative body makes any decision to appropriate any
funds for a corporate purpose under this section, the municipal legislative body shall hold a
public hearing.
(ii) [
At
] 
For at
 least 14 days before the date of the hearing, the municipal legislative
body shall publish a notice of the hearing described in Subsection (3)(d)(i) [
by posting notice:
]
for the municipality, as a class A notice under Section 
63G-28-102
.
[
(A) in at least three conspicuous places within the municipality; and
]
[
(B) on the Utah Public Notice Website created in Section 
63A-16-601
.
]
(e) (i) Before a municipality provides notice as described in Subsection (3)(d)(ii), the
municipality shall perform a study that analyzes and demonstrates the purpose for an
appropriation described in this Subsection (3) in accordance with Subsection (3)(e)(iii).
(ii) A municipality shall make the study described in Subsection (3)(e)(i) available at
the municipality for review by interested parties at least 14 days immediately before the public
hearing described in Subsection (3)(d)(i).
(iii) A municipality shall consider the following factors when conducting the study
described in Subsection (3)(e)(i):
(A) what identified benefit the municipality will receive in return for any money or
resources appropriated;
(B) the municipality's purpose for the appropriation, including an analysis of the way
the appropriation will be used to enhance the safety, health, prosperity, moral well-being,
peace, order, comfort, or convenience of the inhabitants of the municipality; and
(C) whether the appropriation is necessary and appropriate to accomplish the
reasonable goals and objectives of the municipality in the area of economic development, job
creation, affordable housing, elimination of a development impediment, job preservation, the
preservation of historic structures and property, and any other public purpose.
(f) (i) An appeal may be taken from a final decision of the municipal legislative body,
to make an appropriation.
(ii) A person shall file an appeal as described in Subsection (3)(f)(i) with the district
court within 30 days after the day on which the municipal legislative body makes a decision.
(iii) Any appeal shall be based on the record of the proceedings before the legislative
body.
(iv) A decision of the municipal legislative body shall be presumed to be valid unless
the appealing party shows that the decision was arbitrary, capricious, or illegal.
(g) The provisions of this Subsection (3) apply only to those appropriations made after
May 6, 2002.
(h) This section applies only to appropriations not otherwise approved pursuant to Title
10, Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, or Title 10, Chapter 6, Uniform
Fiscal Procedures Act for Utah Cities.
(4) (a) Before a municipality may dispose of a significant parcel of real property, the
municipality shall:
(i) provide [
reasonable
] notice of the proposed disposition 
for the municipality, as a
class A notice under Section 
63G-28-102
, for
 at least 14 days before the opportunity for public
comment under Subsection (4)(a)(ii); and
(ii) allow an opportunity for public comment on the proposed disposition.
(b) Each municipality shall, by ordinance, define what constitutes[
:
]
[
(i)
] a significant parcel of real property for purposes of Subsection (4)(a)[
; and
]
.
[
(ii) reasonable notice for purposes of Subsection (4)(a)(i).
]
(5) (a) Except as provided in Subsection (5)(d), each municipality intending to acquire
real property for the purpose of expanding the municipality's infrastructure or other facilities
used for providing services that the municipality offers or intends to offer shall provide written
notice, as provided in this Subsection (5), of its intent to acquire the property if:
(i) the property is located:
(A) outside the boundaries of the municipality; and
(B) in a county of the first or second class; and
(ii) the intended use of the property is contrary to:
(A) the anticipated use of the property under the general plan of the county in whose
unincorporated area or the municipality in whose boundaries the property is located; or
(B) the property's current zoning designation.
(b) Each notice under Subsection (5)(a) shall:
(i) indicate that the municipality intends to acquire real property;
(ii) identify the real property; and
(iii) be sent to:
(A) each county in whose unincorporated area and each municipality in whose
boundaries the property is located; and
(B) each affected entity.
(c) A notice under this Subsection (5) is a protected record as provided in Subsection
63G-2-305
(8).
(d) (i) The notice requirement of Subsection (5)(a) does not apply if the municipality
previously provided notice under Section 
10-9a-203
 identifying the general location within the
municipality or unincorporated part of the county where the property to be acquired is located.
(ii) If a municipality is not required to comply with the notice requirement of
Subsection (5)(a) because of application of Subsection (5)(d)(i), the municipality shall provide
the notice specified in Subsection (5)(a) as soon as practicable after its acquisition of the real
property.
Section 39. Section 
10-8-15
 is amended to read:
10-8-15.
Waterworks -- Construction -- Extraterritorial jurisdiction -- Notice.
(1) As used in this section, "affected entity" means a:
(a) county that has land use authority over land subject to an ordinance or regulation
described in this section;
(b) local health department, as that term is defined in Section 
26A-1-102
, that has
jurisdiction pursuant to Section 
26A-1-108
 over land subject to an ordinance or regulation
described in this section;
(c) municipality that has enacted or has the right to enact an ordinance or regulation
described in this section over the land subject to an ordinance or regulation described in this
section; and
(d) municipality that has land use authority over land subject to an ordinance or
regulation described in this section.
(2) A municipality may construct or authorize the construction of waterworks within or
without the municipal limits, and for the purpose of maintaining and protecting the same from
injury and the water from pollution the municipality's jurisdiction shall extend over the territory
occupied by such works, and over all reservoirs, streams, canals, ditches, pipes and drains used
in and necessary for the construction, maintenance and operation of the same, and over the
stream or other source from which the water is taken, for 15 miles above the point from which
it is taken and for a distance of 300 feet on each side of such stream and over highways along
such stream or watercourse within said 15 miles and said 300 feet.
(3) The jurisdiction of a city of the first class shall additionally be over the entire
watershed within the county of origin of the city of the first class and subject to Subsection (6)
provided that livestock shall be permitted to graze beyond 1,000 feet from any such stream or
source; and provided further, that the city of the first class shall provide a highway in and
through the city's corporate limits, and so far as the city's jurisdiction extends, which may not
be closed to cattle, horses, sheep, hogs, or goats driven through the city, or through any
territory adjacent thereto over which the city has jurisdiction, but the board of commissioners
of the city may enact ordinances placing under police regulations the manner of driving such
cattle, sheep, horses, hogs, and goats through the city, or any territory adjacent thereto over
which the city has jurisdiction.
(4) A municipality may enact all ordinances and regulations necessary to carry the
power herein conferred into effect, and is authorized and empowered to enact ordinances
preventing pollution or contamination of the streams or watercourses from which the
municipality derives the municipality's water supply, in whole or in part, for domestic and
culinary purposes, and may enact ordinances prohibiting or regulating the construction or
maintenance of any closet, privy, outhouse or urinal within the area over which the
municipality has jurisdiction, and provide for permits for the construction and maintenance of
the same.
(5) In granting a permit described in Subsection (4), a municipality may annex thereto
such reasonable conditions and requirements for the protection of the public health as the
municipality determines proper, and may, if determined advisable, require that all closets,
privies and urinals along such streams shall be provided with effective septic tanks or other
germ-destroying instrumentalities.
(6) A city of the first class may only exercise extraterritorial jurisdiction outside of the
city's county of origin, as described in Subsection (3), pursuant to a written agreement with all
municipalities and counties that have jurisdiction over the area where the watershed is located.
(7) (a) After July 1, 2019, a municipal legislative body that seeks to adopt an ordinance
or regulation under the authority of this section shall:
(i) hold a public hearing on the proposed ordinance or regulation; and
(ii) give notice of the date, place, and time of the hearing, as described in Subsection
(7)(b).
(b) At least ten days before the day on which the public hearing described in
Subsection (7)(a)(i) is to be held, the notice described in Subsection (7)(a)(ii) shall be:
(i) mailed to:
(A) each affected entity;
(B) the director of the Division of Drinking Water; and
(C) the director of the Division of Water Quality; and
(ii) published [
on the Utah Public Notice Website created in Section 
63A-16-601
] 
for
the municipality, as a class A notice under Section 
63G-28-102
, for at least 10 days
.
(c) An ordinance or regulation adopted under the authority of this section may not
conflict with:
(i) existing federal or state statutes; or
(ii) a rule created pursuant to a federal or state statute governing drinking water or
water quality.
(d) A municipality that enacts an ordinance or regulation under the authority of this
section shall:
(i) provide a copy of the ordinance or regulation to each affected entity; and
(ii) include a copy of the ordinance or regulation in the municipality's drinking water
source protection plan.
Section 40. Section 
10-9a-203
 is amended to read:
10-9a-203.
Notice of intent to prepare a general plan or comprehensive general
plan amendments in certain municipalities.
(1) Before preparing a proposed general plan or a comprehensive general plan
amendment, each municipality within a county of the first or second class shall provide 10
calendar days notice of the municipality's intent to prepare a proposed general plan or a
comprehensive general plan amendment:
(a) to each affected entity;
(b) to the Utah Geospatial Resource Center created in Section 
63A-16-505
;
(c) to the association of governments, established pursuant to an interlocal agreement
under Title 11, Chapter 13, Interlocal Cooperation Act, of which the municipality is a member;
and
[
(d) on the Utah Public Notice Website created under Section 
63A-16-601
.
]
(d) for the municipality, as a class A notice under Section 
63G-28-102
, for at least 10
days.
(2) Each notice under Subsection (1) shall:
(a) indicate that the municipality intends to prepare a general plan or a comprehensive
general plan amendment, as the case may be;
(b) describe or provide a map of the geographic area that will be affected by the general
plan or amendment;
(c) be sent by mail, e-mail, or other effective means;
(d) invite the affected entities to provide information for the municipality to consider in
the process of preparing, adopting, and implementing a general plan or amendment concerning:
(i) impacts that the use of land proposed in the proposed general plan or amendment
may have; and
(ii) uses of land within the municipality that the affected entity is considering that may
conflict with the proposed general plan or amendment; and
(e) include the address of an Internet website, if the municipality has one, and the name
and telephone number of an individual where more information can be obtained concerning the
municipality's proposed general plan or amendment.
Section 41. Section 
10-9a-204
 is amended to read:
10-9a-204.
Notice of public hearings and public meetings to consider general plan
or modifications.
(1) Each municipality shall provide:
(a) notice of the date, time, and place of the first public hearing to consider the original
adoption or any modification of all or any portion of a general plan; and
(b) notice of each public meeting on the subject.
(2) Each notice of a public hearing under Subsection (1)(a) shall be at least 10 calendar
days before the public hearing and shall be:
(a) published [
on the Utah Public Notice Website created in Section 
63A-16-601
] 
for
the municipality, as a class A notice under Section 
63G-28-102
, for at least 10 days
; 
and
(b) mailed to each affected entity[
; and
]
.
[
(c) posted:
]
[
(i) in at least three public locations within the municipality; or
]
[
(ii) on the municipality's official website.
]
(3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
before the meeting and shall be[
:
] 
published for the municipality, as a class A notice under
Section 
63G-28-102
, for at least 24 hours.
[
(a) published on the Utah Public Notice Website created in Section 
63A-16-601
; and
]
[
(b) posted:
]
[
(i) in at least three public locations within the municipality; or
]
[
(ii) on the municipality's official website.
]
Section 42. Section 
10-9a-205
 is amended to read:
10-9a-205.
Notice of public hearings and public meetings on adoption or
modification of land use regulation.
(1) Each municipality shall give:
(a) notice of the date, time, and place of the first public hearing to consider the
adoption or any modification of a land use regulation; and
(b) notice of each public meeting on the subject.
(2) Each notice of a public hearing under Subsection (1)(a) shall be:
(a) mailed to each affected entity at least 10 calendar days before the public hearing;
and
(b) provided for the area directly affected by the land use ordinance change, as a class
B notice under Section 
63G-28-102
, for at least 10 calendar days before the day of the public
hearing.
[
(b) posted:
]
[
(i) in at least three public locations within the municipality; or
]
[
(ii) on the municipality's official website; and
]
[
(c) (i) posted on the Utah Public Notice Website created in Section 
63A-16-601
, at
least 10 calendar days before the public hearing; or
]
[
(ii) mailed at least 10 days before the public hearing to:
]
[
(A) each property owner whose land is directly affected by the land use ordinance
change; and
]
[
(B) each adjacent property owner within the parameters specified by municipal
ordinance.
]
(3) In addition to the notice requirements described in Subsections (1) and (2), for any
proposed modification to the text of a zoning code, the notice posted in accordance with
Subsection (2) shall:
(a) include a summary of the effect of the proposed modifications to the text of the
zoning code designed to be understood by a lay person; and
(b) be provided to any person upon written request.
(4) Each notice of a public meeting under Subsection (1)(b) shall be [
posted
] 
provided
for the municipality, as a class A notice under Section 
63G-28-102
, for
 at least 24 hours before
the meeting[
:
]
.
[
(a) in at least three public locations within the municipality; or
]
[
(b) on the municipality's official website.
]
(5) (a) A municipality shall send a courtesy notice to each owner of private real
property whose property is located entirely or partially within a proposed zoning map
enactment or amendment at least 10 days before the scheduled day of the public hearing.
(b) The notice shall:
(i) identify with specificity each owner of record of real property that will be affected
by the proposed zoning map or map amendments;
(ii) state the current zone in which the real property is located;
(iii) state the proposed new zone for the real property;
(iv) provide information regarding or a reference to the proposed regulations,
prohibitions, and permitted uses that the property will be subject to if the zoning map or map
amendment is adopted;
(v) state that the owner of real property may no later than 10 days after the day of the
first public hearing file a written objection to the inclusion of the owner's property in the
proposed zoning map or map amendment;
(vi) state the address where the property owner should file the protest;
(vii) notify the property owner that each written objection filed with the municipality
will be provided to the municipal legislative body; and
(viii) state the location, date, and time of the public hearing described in Section
10-9a-502
.
(c) If a municipality mails notice to a property owner in accordance with Subsection
[
(2)(c)(ii)
] 
(2)(b)
 for a public hearing on a zoning map or map amendment, the notice required
in this Subsection (5) may be included in or part of the notice described in Subsection
[
(2)(c)(ii)
] 
(2)(b)
 rather than sent separately.
Section 43. Section 
10-9a-208
 is amended to read:
10-9a-208.
Hearing and notice for petition to vacate a public street.
(1) For any petition to vacate some or all of a public street or municipal utility
easement the legislative body shall:
(a) hold a public hearing; and
(b) give notice of the date, place, and time of the hearing, as provided in Subsection
(2).
(2) At least 10 days before the public hearing under Subsection (1)(a), the legislative
body shall ensure that the notice required under Subsection (1)(b) is:
(a) mailed to the record owner of each parcel that is accessed by the public street or
municipal utility easement;
(b) mailed to each affected entity; 
and
(c) [
posted on or near
] 
provided for
 the public street or municipal utility easement [
in a
manner that is calculated to alert the public; and
]
, as a class A notice under Section
63G-28-102
, for at least 10 days.
[
(d) (i) published on the website of the municipality in which the land subject to the
petition is located until the public hearing concludes; and
]
[
(ii) published on the Utah Public Notice Website created in Section 
63A-16-601
.
]
Section 44. Section 
10-18-203
 is amended to read:
10-18-203.
Feasibility study on providing cable television or public
telecommunications services -- Public hearings -- Notice.
(1) If a feasibility consultant is hired under Section 
10-18-202
, the legislative body of
the municipality shall require the feasibility consultant to:
(a) complete the feasibility study in accordance with this section;
(b) submit to the legislative body by no later than 180 days from the date the feasibility
consultant is hired to conduct the feasibility study:
(i) the full written results of the feasibility study; and
(ii) a summary of the results that is no longer than one page in length; and
(c) attend the public hearings described in Subsection (4) to:
(i) present the feasibility study results; and
(ii) respond to questions from the public.
(2) The feasibility study described in Subsection (1) shall at a minimum consider:
(a) (i) if the municipality is proposing to provide cable television services to
subscribers, whether the municipality providing cable television services in the manner
proposed by the municipality will hinder or advance competition for cable television services
in the municipality; or
(ii) if the municipality is proposing to provide public telecommunications services to
subscribers, whether the municipality providing public telecommunications services in the
manner proposed by the municipality will hinder or advance competition for public
telecommunications services in the municipality;
(b) whether but for the municipality any person would provide the proposed:
(i) cable television services; or
(ii) public telecommunications services;
(c) the fiscal impact on the municipality of:
(i) the capital investment in facilities that will be used to provide the proposed:
(A) cable television services; or
(B) public telecommunications services; and
(ii) the expenditure of funds for labor, financing, and administering the proposed:
(A) cable television services; or
(B) public telecommunications services;
(d) the projected growth in demand in the municipality for the proposed:
(i) cable television services; or
(ii) public telecommunications services;
(e) the projections at the time of the feasibility study and for the next five years, of a
full-cost accounting for a municipality to purchase, lease, construct, maintain, or operate the
facilities necessary to provide the proposed:
(i) cable television services; or
(ii) public telecommunications services; and
(f) the projections at the time of the feasibility study and for the next five years of the
revenues to be generated from the proposed:
(i) cable television services; or
(ii) public telecommunications services.
(3) For purposes of the financial projections required under Subsections (2)(e) and (f),
the feasibility consultant shall assume that the municipality will price the proposed cable
television services or public telecommunications services consistent with Subsection
10-18-303
(5).
(4) If the results of the feasibility study satisfy the revenue requirement of Subsection
10-18-202
(3), the legislative body, at the next regular meeting after the legislative body
receives the results of the feasibility study, shall schedule at least two public hearings to be
held:
(a) within 60 days of the meeting at which the public hearings are scheduled;
(b) at least seven days apart; and
(c) for the purpose of allowing:
(i) the feasibility consultant to present the results of the feasibility study; and
(ii) the public to:
(A) become informed about the feasibility study results; and
(B) ask questions of the feasibility consultant about the results of the feasibility study.
(5) [
(a)
] The municipality shall provide notice of the public hearings required under
Subsection (4) [
by:
] 
for the municipality, as a class A notice under Section 
63G-28-102
, for at
least three weeks before the day on which the first public hearing required under Subsection (4)
is held.
[
(i) posting the notice on the Utah Public Notice Website, created in Section
63A-16-601
, for three weeks, at least three days before the first public hearing required under
Subsection (4); and
]
[
(ii) posting at least one notice of the hearings per 1,000 residents, in a conspicuous
place within the municipality that is likely to give notice of the hearings to the greatest number
of residents of the municipality, subject to a maximum of 10 notices.
]
[
(b) The municipality shall post the notices at least seven days before the first public
hearing required under Subsection (4) is held.
]
Section 45. Section 
10-18-302
 is amended to read:
10-18-302.
Bonding authority.
(1) In accordance with Title 11, Chapter 14, Local Government Bonding Act, the
legislative body of a municipality may by resolution determine to issue one or more revenue
bonds or general obligation bonds to finance the capital costs for facilities necessary to provide
to subscribers:
(a) a cable television service; or
(b) a public telecommunications service.
(2) The resolution described in Subsection (1) shall:
(a) describe the purpose for which the indebtedness is to be created; and
(b) specify the dollar amount of the one or more bonds proposed to be issued.
(3) (a) A revenue bond issued under this section shall be secured and paid for:
(i) from the revenues generated by the municipality from providing:
(A) cable television services with respect to revenue bonds issued to finance facilities
for the municipality's cable television services; and
(B) public telecommunications services with respect to revenue bonds issued to finance
facilities for the municipality's public telecommunications services; and
(ii) notwithstanding Subsection (3)(b) and Subsection 
10-18-303
(3)(a), from revenues
generated under Title 59, Chapter 12, Sales and Use Tax Act, if:
(A) notwithstanding Subsection 
11-14-201
(3) and except as provided in Subsections
(4) and (5), the revenue bond is approved by the registered voters in an election held:
(I) except as provided in Subsection (3)(a)(ii)(A)(II), pursuant to the provisions of Title
11, Chapter 14, Local Government Bonding Act, that govern bond elections; and
(II) notwithstanding Subsection 
11-14-203
(2), at a regular general election;
(B) the revenues described in this Subsection (3)(a)(ii) are pledged as security for the
revenue bond; and
(C) the municipality or municipalities annually appropriate the revenues described in
this Subsection (3)(a)(ii) to secure and pay the revenue bond issued under this section.
(b) Except as provided in Subsection (3)(a)(ii), a municipality may not pay the
origination, financing, or other carrying costs associated with the one or more revenue bonds
issued under this section from the town or city, respectively, general funds or other enterprise
funds of the municipality.
(4) (a) As used in this Subsection (4), "municipal entity" means an entity created
pursuant to an agreement:
(i) under Title 11, Chapter 13, Interlocal Cooperation Act; and
(ii) to which a municipality is a party.
(b) The requirements of Subsection (3)(a)(ii)(A) do not apply to a municipality or
municipal entity that issues revenue bonds, or to a municipality that is a member of a municipal
entity that issues revenue bonds, if:
(i) on or before March 2, 2004, the municipality that is issuing revenue bonds or that is
a member of a municipal entity that is issuing revenue bonds has published the first notice
described in Subsection (4)(b)(iii);
(ii) on or before April 15, 2004, the municipality that is issuing revenue bonds or that
is a member of a municipal entity that is issuing revenue bonds makes the decision to pledge
the revenues described in Subsection (3)(a)(ii) as security for the revenue bonds described in
this Subsection (4)(b)(ii);
(iii) (A) the municipality that is issuing the revenue bonds or the municipality that is a
member of the municipal entity that is issuing the revenue bonds has held a public hearing for
which public notice was given by publication of the notice [
on the Utah Public Notice Website
created in Section 
63A-16-601
] 
for the municipality, as a class A notice under Section
63G-28-102
, for two weeks before the 
day of the
 public hearing; and
(B) the notice identifies:
(I) that the notice is given pursuant to Title 11, Chapter 14, Local Government Bonding
Act;
(II) the purpose for the bonds to be issued;
(III) the maximum amount of the revenues described in Subsection (3)(a)(ii) that will
be pledged in any fiscal year;
(IV) the maximum number of years that the pledge will be in effect; and
(V) the time, place, and location for the public hearing;
(iv) the municipal entity that issues revenue bonds:
(A) adopts a final financing plan; and
(B) in accordance with Title 63G, Chapter 2, Government Records Access and
Management Act, makes available to the public at the time the municipal entity adopts the final
financing plan:
(I) the final financing plan; and
(II) all contracts entered into by the municipal entity, except as protected by Title 63G,
Chapter 2, Government Records Access and Management Act;
(v) any municipality that is a member of a municipal entity described in Subsection
(4)(b)(iv):
(A) not less than 30 calendar days after the municipal entity complies with Subsection
(4)(b)(iv)(B), holds a final public hearing;
(B) provides notice, at the time the municipality schedules the final public hearing, to
any person who has provided to the municipality a written request for notice; and
(C) makes all reasonable efforts to provide fair opportunity for oral testimony by all
interested parties; and
(vi) except with respect to a municipality that issued bonds prior to March 1, 2004, not
more than 50% of the average annual debt service of all revenue bonds described in this section
to provide service throughout the municipality or municipal entity may be paid from the
revenues described in Subsection (3)(a)(ii).
(5) On or after July 1, 2007, the requirements of Subsection (3)(a)(ii)(A) do not apply
to a municipality that issues revenue bonds if:
(a) (i) the municipality that is issuing the revenue bonds has held a public hearing for
which public notice was given by publication of the notice [
on the Utah Public Notice Website
created in Section 
63A-16-601
] 
for the municipality, as a class A notice under Section
63G-28-102
, for 14 days before the 
day of the
 public hearing; and
(ii) the notice identifies:
(A) that the notice is given pursuant to Title 11, Chapter 14, Local Government
Bonding Act;
(B) the purpose for the bonds to be issued;
(C) the maximum amount of the revenues described in Subsection (3)(a)(ii) that will be
pledged in any fiscal year;
(D) the maximum number of years that the pledge will be in effect; and
(E) the time, place, and location for the public hearing; and
(b) except with respect to a municipality that issued bonds prior to March 1, 2004, not
more than 50% of the average annual debt service of all revenue bonds described in this section
to provide service throughout the municipality or municipal entity may be paid from the
revenues described in Subsection (3)(a)(ii).
(6) A municipality that issues bonds pursuant to this section may not make or grant any
undue or unreasonable preference or advantage to itself or to any private provider of:
(a) cable television services; or
(b) public telecommunications services.
Section 46. Section 
10-18-303
 is amended to read:
10-18-303.
General operating limitations -- Notice of change to price list.
A municipality that provides a cable television service or a public telecommunications
service under this chapter is subject to the operating limitations of this section.
(1) A municipality that provides a cable television service shall comply with:
(a) the Cable Communications Policy Act of 1984, 47 U.S.C. 521, et seq.; and
(b) the regulations issued by the Federal Communications Commission under the Cable
Communications Policy Act of 1984, 47 U.S.C. 521, et seq.
(2) A municipality that provides a public telecommunications service shall comply
with:
(a) the Telecommunications Act of 1996, Pub. L. 104-104;
(b) the regulations issued by the Federal Communications Commission under the
Telecommunications Act of 1996, Pub. L. 104-104;
(c) Section 
54-8b-2.2
 relating to:
(i) the interconnection of essential facilities; and
(ii) the purchase and sale of essential services; and
(d) the rules made by the Public Service Commission of Utah under Section 
54-8b-2.2
.
(3) A municipality may not cross subsidize its cable television services or its public
telecommunications services with:
(a) tax dollars;
(b) income from other municipal or utility services;
(c) below-market rate loans from the municipality; or
(d) any other means.
(4) (a) A municipality may not make or grant any undue or unreasonable preference or
advantage to itself or to any private provider of:
(i) cable television services; or
(ii) public telecommunications services.
(b) A municipality shall apply without discrimination as to itself and to any private
provider the municipality's ordinances, rules, and policies, including those relating to:
(i) obligation to serve;
(ii) access to public rights of way;
(iii) permitting;
(iv) performance bonding;
(v) reporting; and
(vi) quality of service.
(c) Subsections (4)(a) and (b) do not supersede the exception for a rural telephone
company in Section 251 of the Telecommunications Act of 1996, Pub. L. 104-104.
(5) In calculating the rates charged by a municipality for a cable television service or a
public telecommunications service, the municipality:
(a) shall include within its rates an amount equal to all taxes, fees, and other
assessments that would be applicable to a similarly situated private provider of the same
services, including:
(i) federal, state, and local taxes;
(ii) franchise fees;
(iii) permit fees;
(iv) pole attachment fees; and
(v) fees similar to those described in Subsections (5)(a)(i) through (iv); and
(b) may not price any cable television service or public telecommunications service at a
level that is less than the sum of:
(i) the actual direct costs of providing the service;
(ii) the actual indirect costs of providing the service; and
(iii) the amount determined under Subsection (5)(a).
(6) (a) A municipality that provides cable television services or public
telecommunications services shall establish and maintain a comprehensive price list of all cable
television services or public telecommunications services offered by the municipality.
(b) The price list required by Subsection (6)(a) shall:
(i) include all terms and conditions relating to the municipality providing each cable
television service or public telecommunications service offered by the municipality;
(ii) be posted on the Utah Public Notice Website created in Section 
63A-16-601
; and
(iii) be available for inspection:
(A) at a designated office of the municipality; and
(B) during normal business hours.
(c) At least five days before the date a change to a municipality's price list becomes
effective, the municipality shall[
:
] 
provide notice of the change:
(i) for the municipality, as a class A notice under Section 
63G-28-102
, for at least five
days; and
(ii) to any other persons requesting notification of any changes to the municipality's
price list.
[
(i) notify the following of the change:
]
[
(A) all subscribers to the services for which the price list is being changed; and
]
[
(B) any other persons requesting notification of any changes to the municipality's price
list; and
]
[
(ii) publish notice on the Utah Public Notice Website created in Section 
63A-16-601
.
]
(d) A municipality may not offer a cable television service or a public
telecommunications service except in accordance with the prices, terms, and conditions set
forth in the municipality's price list.
(7) A municipality may not offer to provide or provide cable television services or
public telecommunications services to a subscriber that does not reside within the geographic
boundaries of the municipality.
(8) (a) A municipality shall keep accurate books and records of the municipality's:
(i) cable television services; and
(ii) public telecommunications services.
(b) The books and records required to be kept under Subsection (8)(a) are subject to
legislative audit to verify the municipality's compliance with the requirements of this chapter
including:
(i) pricing;
(ii) recordkeeping; and
(iii) antidiscrimination.
(9) A municipality may not receive distributions from the Universal Public
Telecommunications Service Support Fund established in Section 
54-8b-15
.
Section 47. Section 
11-13-204
 is amended to read:
11-13-204.
Powers and duties of interlocal entities -- Additional powers of energy
services interlocal entities -- Length of term of agreement and interlocal entity -- Notice to
lieutenant governor -- Recording requirements -- Public Service Commission.
(1) (a) An interlocal entity:
(i) shall adopt bylaws, policies, and procedures for the regulation of its affairs and the
conduct of its business;
(ii) may:
(A) amend or repeal a bylaw, policy, or procedure;
(B) sue and be sued;
(C) have an official seal and alter that seal at will;
(D) make and execute contracts and other instruments necessary or convenient for the
performance of its duties and the exercise of its powers and functions;
(E) acquire real or personal property, or an undivided, fractional, or other interest in
real or personal property, necessary or convenient for the purposes contemplated in the
agreement creating the interlocal entity and sell, lease, or otherwise dispose of that property;
(F) directly or by contract with another:
(I) own and acquire facilities and improvements or an undivided, fractional, or other
interest in facilities and improvements;
(II) construct, operate, maintain, and repair facilities and improvements; and
(III) provide the services contemplated in the agreement creating the interlocal entity
and establish, impose, and collect rates, fees, and charges for the services provided by the
interlocal entity;
(G) borrow money, incur indebtedness, and issue revenue bonds, notes, or other
obligations and secure their payment by an assignment, pledge, or other conveyance of all or
any part of the revenues and receipts from the facilities, improvements, or services that the
interlocal entity provides;
(H) offer, issue, and sell warrants, options, or other rights related to the bonds, notes, or
other obligations issued by the interlocal entity;
(I) sell or contract for the sale of the services, output, product, or other benefits
provided by the interlocal entity to:
(I) public agencies inside or outside the state; and
(II) with respect to any excess services, output, product, or benefits, any person on
terms that the interlocal entity considers to be in the best interest of the public agencies that are
parties to the agreement creating the interlocal entity; and
(J) create a local disaster recovery fund in the same manner and to the same extent as
authorized for a local government in accordance with Section 
53-2a-605
; and
(iii) may not levy, assess, or collect ad valorem property taxes.
(b) An assignment, pledge, or other conveyance under Subsection (1)(a)(ii)(G) may, to
the extent provided by the documents under which the assignment, pledge, or other conveyance
is made, rank prior in right to any other obligation except taxes or payments in lieu of taxes
payable to the state or its political subdivisions.
(2) An energy services interlocal entity:
(a) except with respect to any ownership interest it has in facilities providing additional
project capacity, is not subject to:
(i) Part 3, Project Entity Provisions; or
(ii) Title 59, Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to
Pay Corporate Franchise or Income Tax Act; and
(b) may:
(i) own, acquire, and, by itself or by contract with another, construct, operate, and
maintain a facility or improvement for the generation, transmission, and transportation of
electric energy or related fuel supplies;
(ii) enter into a contract to obtain a supply of electric power and energy and ancillary
services, transmission, and transportation services, and supplies of natural gas and fuels
necessary for the operation of generation facilities;
(iii) enter into a contract with public agencies, investor-owned or cooperative utilities,
and others, whether located in or out of the state, for the sale of wholesale services provided by
the energy services interlocal entity; and
(iv) adopt and implement risk management policies and strategies and enter into
transactions and agreements to manage the risks associated with the purchase and sale of
energy, including forward purchase and sale contracts, hedging, tolling and swap agreements,
and other instruments.
(3) Notwithstanding Section 
11-13-216
, an agreement creating an interlocal entity or
an amendment to that agreement may provide that the agreement may continue and the
interlocal entity may remain in existence until the latest to occur of:
(a) 50 years after the date of the agreement or amendment;
(b) five years after the interlocal entity has fully paid or otherwise discharged all of its
indebtedness;
(c) five years after the interlocal entity has abandoned, decommissioned, or conveyed
or transferred all of its interest in its facilities and improvements; or
(d) five years after the facilities and improvements of the interlocal entity are no longer
useful in providing the service, output, product, or other benefit of the facilities and
improvements, as determined under the agreement governing the sale of the service, output,
product, or other benefit.
(4) (a) Upon execution of an agreement to approve the creation of an interlocal entity,
including an electric interlocal entity and an energy services interlocal entity, the governing
body of a member of the interlocal entity under Section 
11-13-203
 shall:
(i) within 30 days after the date of the agreement, jointly 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
(B) if less than all of the territory of any Utah public agency that is a party to the
agreement is included within the interlocal entity, a copy of an approved final local entity plat,
as defined in Section 
67-1a-6.5
; and
(ii) upon the lieutenant governor's issuance of a certificate of creation under Section
67-1a-6.5
:
(A) if the interlocal entity is located within the boundary of a single county, submit to
the recorder of that county:
(I) the original:
(Aa) notice of an impending boundary action;
(Bb) certificate of creation; and
(Cc) approved final local entity plat, if an approved final local entity plat was required
to be filed with the lieutenant governor under Subsection (4)(a)(i)(B); and
(II) a certified copy of the agreement approving the creation of the interlocal entity; or
(B) if the interlocal entity is located within the boundaries of more than a single
county:
(I) submit to the recorder of one of those counties:
(Aa) the original of the documents listed in Subsections (4)(a)(ii)(A)(I)(Aa), (Bb), and
(Cc); and
(Bb) a certified copy of the agreement approving the creation of the interlocal entity;
and
(II) submit to the recorder of each other county:
(Aa) a certified copy of the documents listed in Subsections (4)(a)(ii)(A)(I)(Aa), (Bb),
and (Cc); and
(Bb) a certified copy of the agreement approving the creation of the interlocal entity.
(b) Upon the lieutenant governor's issuance of a certificate of creation under Section
67-1a-6.5
, the interlocal entity is created.
(c) Until the documents listed in Subsection (4)(a)(ii) are recorded in the office of the
recorder of each county in which the property is located, a newly created interlocal entity may
not charge or collect a fee for service provided to property within the interlocal entity.
(5) Nothing in this section may be construed as expanding the rights of any
municipality or interlocal entity to sell or provide retail service.
(6) Except as provided in Subsection (7):
(a) nothing in this section may be construed to expand or limit the rights of a
municipality to sell or provide retail electric service; and
(b) an energy services interlocal entity may not provide retail electric service to
customers located outside the municipal boundaries of its members.
(7) (a) An energy services interlocal entity created before July 1, 2003, that is
comprised solely of Utah municipalities and that, for a minimum of 50 years before July 1,
2010, provided retail electric service to customers outside the municipal boundaries of its
members, may provide retail electric service outside the municipal boundaries of its members
if:
(i) the energy services interlocal entity:
(A) enters into a written agreement with each public utility holding a certificate of
public convenience and necessity issued by the Public Service Commission to provide service
within an agreed upon geographic area for the energy services interlocal entity to be
responsible to provide electric service in the agreed upon geographic area outside the municipal
boundaries of the members of the energy services interlocal entity; and
(B) obtains a franchise agreement, with the legislative body of the county or other
governmental entity for the geographic area in which the energy services interlocal entity
provides service outside the municipal boundaries of its members; and
(ii) each public utility described in Subsection (7)(a)(i)(A) applies for and obtains from
the Public Service Commission approval of the agreement specified in Subsection (7)(a)(i)(A).
(b) (i) The Public Service Commission shall, after a public hearing held in accordance
with Title 52, Chapter 4, Open and Public Meetings Act, approve an agreement described in
Subsection (7)(a)(ii) if it determines that the agreement is in the public interest in that it
incorporates the customer protections described in Subsection (7)(c) and the franchise
agreement described in Subsection (7)(a)(i)(B) provides a reasonable mechanism using a
neutral arbiter or ombudsman for resolving potential future complaints by customers of the
energy services interlocal entity.
(ii) In approving an agreement, the Public Service Commission shall also amend the
certificate of public convenience and necessity of any public utility described in Subsection
(7)(a)(i) to delete from the geographic area specified in the certificate or certificates of the
public utility the geographic area that the energy services interlocal entity has agreed to serve.
(c) In providing retail electric service to customers outside of the municipal boundaries
of its members, but not within the municipal boundaries of another municipality that grants a
franchise agreement in accordance with Subsection (7)(a)(i)(B), an energy services interlocal
entity shall comply with the following:
(i) the rates and conditions of service for customers outside the municipal boundaries
of the members shall be at least as favorable as the rates and conditions of service for similarly
situated customers within the municipal boundaries of the members;
(ii) the energy services interlocal entity shall operate as a single entity providing
service both inside and outside of the municipal boundaries of its members;
(iii) a general rebate, refund, or other payment made to customers located within the
municipal boundaries of the members shall also be provided to similarly situated customers
located outside the municipal boundaries of the members;
(iv) a schedule of rates and conditions of service, or any change to the rates and
conditions of service, shall be approved by the governing board of the energy services
interlocal entity;
(v) before implementation of any rate increase, the governing board of the energy
services interlocal entity shall first hold a public meeting to take public comment on the
proposed increase, after providing
:
(A)
 at least 20 days and not more than 60 days' advance written notice to its customers
on the ordinary billing [
and on the Utah Public Notice Website, created by Section
63A-16-601
]
; and
(B) notice for the interlocal entity, as a class A notice under Section 
63G-28-102
, for at
least 20 days
; and
(vi) the energy services interlocal entity shall file with the Public Service Commission
its current schedule of rates and conditions of service.
(d) The Public Service Commission shall make the schedule of rates and conditions of
service of the energy services interlocal entity available for public inspection.
(e) Nothing in this section:
(i) gives the Public Service Commission jurisdiction over the provision of retail
electric service by an energy services interlocal entity within the municipal boundaries of its
members; or
(ii) makes an energy services interlocal entity a public utility under Title 54, Public
Utilities.
(f) Nothing in this section expands or diminishes the jurisdiction of the Public Service
Commission over a municipality or an association of municipalities organized under Title 11,
Chapter 13, Interlocal Cooperation Act, except as specifically authorized by this section's
language.
(g) (i) An energy services interlocal entity described in Subsection (7)(a) retains its
authority to provide electric service to the extent authorized by Sections 
11-13-202
 and
11-13-203
 and Subsections 
11-13-204
(1) through (5).
(ii) Notwithstanding Subsection (7)(g)(i), if the Public Service Commission approves
the agreement described in Subsection (7)(a)(i), the energy services interlocal entity may not
provide retail electric service to customers located outside the municipal boundaries of its
members, except for customers located within the geographic area described in the agreement.
Section 48. Section 
11-13-219
 is amended to read:
11-13-219.
Publication of resolutions or agreements -- Contesting legality of
resolution or agreement.
(1) As used in this section:
(a) "Enactment" means:
(i) a resolution adopted or proceedings taken by a governing body under the authority
of this chapter, and includes a resolution, indenture, or other instrument providing for the
issuance of bonds; and
(ii) an agreement or other instrument that is authorized, executed, or approved by a
governing body under the authority of this chapter.
(b) "Governing body" means:
(i) the legislative body of a public agency; or
(ii) the governing authority of an interlocal entity created under this chapter.
(c) "Notice of agreement" means the notice authorized by Subsection (3)(c).
(d) "Notice of bonds" means the notice authorized by Subsection (3)(d).
(2) Any enactment taken or made under the authority of this chapter is not subject to
referendum.
(3) (a) A governing body need not publish any enactment taken or made under the
authority of this chapter.
(b) A governing body may provide for the publication of any enactment taken or made
by it under the authority of this chapter according to the publication requirements established
by this section.
(c) (i) If the enactment is an agreement, document, or other instrument, or a resolution
or other proceeding authorizing or approving an agreement, document, or other instrument, the
governing body may, instead of publishing the full text of the agreement, resolution, or other
proceeding, publish a notice of agreement containing:
(A) the names of the parties to the agreement;
(B) the general subject matter of the agreement;
(C) the term of the agreement;
(D) a description of the payment obligations, if any, of the parties to the agreement;
and
(E) a statement that the resolution and agreement will be available for review at the
governing body's principal place of business during regular business hours for 30 days after the
publication of the notice of agreement.
(ii) The governing body shall make a copy of the resolution or other proceeding and a
copy of the contract available at its principal place of business during regular business hours
for 30 days after the publication of the notice of agreement.
(d) If the enactment is a resolution or other proceeding authorizing the issuance of
bonds, the governing body may, instead of publishing the full text of the resolution or other
proceeding and the documents pertaining to the issuance of bonds, publish a notice of bonds
that contains the information described in Subsection 
11-14-316
(2).
(4) (a) If the governing body chooses to publish an enactment, notice of bonds, or
notice of agreement, the governing body shall comply with the requirements of this Subsection
(4).
(b) The governing body shall post the enactment, notice of bonds, or notice of
agreement [
on the Utah Public Notice Website created in Section 
63A-16-601
] 
for the
governing body's geographic jurisdiction, as a class A notice under Section 
63G-28-102
, for 30
days
.
(5) (a) Any person in interest may contest the legality of an enactment or any action
performed or instrument issued under the authority of the enactment for 30 days after the
posting of the enactment, notice of bonds, or notice of agreement.
(b) After the 30 days have passed, no one may contest the regularity, formality, or
legality of the enactment or any action performed or instrument issued under the authority of
the enactment for any cause whatsoever.
Section 49. Section 
11-13-509
 is amended to read:
11-13-509.
Hearing to consider adoption -- Notice.
(1) At the meeting at which the tentative budget is adopted, the governing board shall:
(a) establish the time and place of a public hearing to consider its adoption; and
(b) except as provided in Subsection (2) [
or (5)
], order that notice of the hearing[
:(i)
]
be published, 
for
 at least seven days before the day of the hearing, [
in at least one issue of a
newspaper of general circulation in a county in which the interlocal entity provides service to
the public or in which its members are located, if such a newspaper is generally circulated in
the county or counties; and
] 
for the interlocal entity's service area, as a class A notice under
Section 
63G-28-102
.
[
(ii) be published at least seven days before the day of 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) Proof that notice was given in accordance with Subsection [
(1)(b), (2), or (5)
]
(1)(b), or (2)
 is prima facie evidence that notice was properly given.
(4) If a notice required under Subsection [
(1)(b), (2), or (5)
] 
(1)(b), or (2)
 is not
challenged within 30 days after the day on which the hearing is held, the notice is adequate and
proper.
[
(5) A governing board of an interlocal entity 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 an interlocal entity; and
]
[
(b) posting the notice in three public places within the interlocal entity's service area.
]
Section 50. Section 
11-14-202
 is amended to read:
11-14-202.
Notice of election -- Voter information pamphlet option -- Changing
or designating additional precinct polling places.
(1) The governing body shall provide notice of the election[
:
] 
for the local political
subdivision for at least three weeks before the day of the election, as a class A notice under
Section 
63G-28-102
.
[
(a) (i) at least 21 days before the day of the election, by posting one notice, and at least
one additional notice per 2,000 population of the local political subdivision, in places within
the local political subdivision that are most likely to give notice to the voters in the local
political subdivision, subject to a maximum of 10 notices; or
]
[
(ii) at least three weeks before the day of the election, by mailing notice to each
registered voter in the local political subdivision;
]
[
(b) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for three weeks before the day of the election; and
]
[
(c) if the local political subdivision has a website, by posting notice on the local
political subdivision's website for at least three weeks before the day of the election.
]
(2) When the debt service on the bonds to be issued will increase the property tax
imposed upon the average value of a residence by an amount that is greater than or equal to $15
per year, the governing body shall prepare and mail either a voter information pamphlet or a
notification described in Subsection (8):
(a) at least 15 days, but not more than 45 days, before the bond election;
(b) to each household containing a registered voter who is eligible to vote on the
bonds; and
(c) that includes the information required by Subsections (4) and (5).
(3) The election officer may change the location of, or establish an additional:
(a) voting precinct polling place, in accordance with Subsection (6);
(b) early voting polling place, in accordance with Subsection 
20A-3a-603
(2); or
(c) election day voting center, in accordance with Subsection 
20A-3a-703
(2).
(4) The notice described in Subsection (1) and the voter information pamphlet
described in Subsection (2):
(a) shall include, in the following order:
(i) the date of the election;
(ii) the hours during which the polls will be open;
(iii) the address of the Statewide Electronic Voter Information Website and, if
available, the address of the election officer's website, with a statement indicating that the
election officer will post on the website the location of each polling place for each voting
precinct, each early voting polling place, and each election day voting center, including any
changes to the location of a polling place and the location of an additional polling place;
(iv) a phone number that a voter may call to obtain information regarding the location
of a polling place; and
(v) the title and text of the ballot proposition, including the property tax cost of the
bond described in Subsection 
11-14-206
(2)(a); and
(b) may include the location of each polling place.
(5) The voter information pamphlet required by this section shall include:
(a) the information required under Subsection (4); and
(b) an explanation of the property tax impact, if any, of the issuance of the bonds,
which may be based on information the governing body determines to be useful, including:
(i) expected debt service on the bonds to be issued;
(ii) a description of the purpose, remaining principal balance, and maturity date of any
outstanding general obligation bonds of the issuer;
(iii) funds other than property taxes available to pay debt service on general obligation
bonds;
(iv) timing of expenditures of bond proceeds;
(v) property values; and
(vi) any additional information that the governing body determines may be useful to
explain the property tax impact of issuance of the bonds.
(6) (a) Except as provided in Section 
20A-1-308
, the election officer may, after the
deadlines described in Subsections (1) and (2):
(i) if necessary, change the location of a voting precinct polling place; or
(ii) if the election officer determines that the number of voting precinct polling places
is insufficient due to the number of registered voters who are voting, designate additional
voting precinct polling places.
(b) Except as provided in Section 
20A-1-308
, if an election officer changes the
location of a voting precinct polling place or designates an additional voting precinct polling
place, the election officer shall, as soon as is reasonably possible, give notice of the dates,
times, and location of a changed voting precinct polling place or an additional voting precinct
polling place:
(i) to the lieutenant governor, for posting on the Statewide Electronic Voter
Information Website;
(ii) by posting the information on the website of the election officer, if available; and
(iii) by posting notice:
(A) of a change in the location of a voting precinct polling place, at the new location
and, if possible, the old location; and
(B) of an additional voting precinct polling place, at the additional voting precinct
polling place.
(7) The governing body shall pay the costs associated with the notice required by this
section.
(8) (a) The governing body may mail a notice printed on a postage prepaid,
preaddressed return form that a person may use to request delivery of a voter information
pamphlet by mail.
(b) The notice described in Subsection (8)(a) shall include:
(i) the website upon which the voter information pamphlet is available; and
(ii) the phone number a voter may call to request delivery of a voter information
pamphlet by mail.
(9) A local school board shall comply with the voter information pamphlet
requirements described in Section 
53G-4-603
.
Section 51. Section 
11-14-315
 is amended to read:
11-14-315.
Nature and validity of bonds issued -- Applicability of other statutory
provisions -- Budget provision required -- Applicable procedures for issuance -- Notice.
Bonds issued under this chapter shall have all the qualities of negotiable paper, shall be
incontestable in the hands of bona fide purchasers or holders for value and are not invalid for
any irregularity or defect in the proceedings for their issuance and sale. This chapter is
intended to afford an alternative method for the issuance of bonds by local political
subdivisions and may not be so construed as to deprive any local political subdivision of the
right to issue its bonds under authority of any other statute, but nevertheless this chapter shall
constitute full authority for the issue and sale of bonds by local political subdivisions. The
provisions of Section 
11-1-1
 are not applicable to bonds issued under this chapter. Any local
political subdivision subject to the provisions of any budget law shall in its annual budget make
proper provision for the payment of principal and interest currently falling due on bonds issued
hereunder, but no provision need be made in any such budget prior to the issuance of the bonds
for the issuance thereof or for the expenditure of the proceeds thereof. No ordinance,
resolution or proceeding in respect to the issuance of bonds hereunder shall be necessary except
as herein specifically required, nor shall the publication of any resolution, proceeding or notice
relating to the issuance of the bonds be necessary except as herein required. Any publication
made hereunder shall be made by [
posting on the Utah Public Notice Website created in
Section 
63A-16-601
] 
providing notice for the local political subdivision, as a class A notice
under Section 
63G-28-102
. No resolution adopted or proceeding taken hereunder shall be
subject to referendum petition or to an election other than as herein required. All proceedings
adopted hereunder may be adopted on a single reading at any legally convened meeting of the
governing body.
Section 52. Section 
11-14-316
 is amended to read:
11-14-316.
Publication of notice, resolution, or other proceeding -- Contest.
(1) The governing body of any local political subdivision may provide for the
publication of any resolution or other proceeding adopted under this chapter:
(a) [
in a newspaper having general circulation in
] 
for
 the local political subdivision
, as
a class A notice under Section 
63G-28-102
, for at least 30 days
; and
(b) as required in Section 
45-1-101
.
(2) When a resolution or other proceeding provides for the issuance of bonds, the
governing body may, in lieu of publishing the entire resolution or other proceeding, publish a
notice of bonds to be issued, titled as such, containing:
(a) the name of the issuer;
(b) the purpose of the issue;
(c) the type of bonds and the maximum principal amount which may be issued;
(d) the maximum number of years over which the bonds may mature;
(e) the maximum interest rate which the bonds may bear, if any;
(f) the maximum discount from par, expressed as a percentage of principal amount, at
which the bonds may be sold;
(g) a general description of the security pledged for repayment of the bonds;
(h) the total par amount of bonds currently outstanding that are secured by the same
pledge of revenues as the proposed bonds, if any;
(i) information on a method by which an individual may obtain access to more detailed
information relating to the outstanding bonds of the local political subdivision;
(j) the estimated total cost to the local political subdivision for the proposed bonds if
the bonds are held until maturity, based on interest rates in effect at the time that the local
political subdivision publishes the notice; and
(k) the times and place where a copy of the resolution or other proceeding may be
examined, which shall be:
(i) at an office of the issuer identified in the notice, during regular business hours of the
issuer as described in the notice; and
(ii) for a period of at least 30 days after the publication of the notice.
(3) For a period of 30 days after the publication, any person in interest may contest:
(a) the legality of such resolution or proceeding;
(b) any bonds which may be authorized by such resolution or proceeding; or
(c) any provisions made for the security and payment of the bonds.
(4) A person shall contest the matters set forth in Subsection (3) by filing a verified
written complaint in the district court of the county in which he resides within the 30-day
period.
(5) After the 30-day period, no person may contest the regularity, formality, or legality
of the resolution or proceeding for any reason.
Section 53. Section 
11-14-318
 is amended to read:
11-14-318.
Public hearing required -- Notice.
(1) Before issuing bonds authorized under this chapter, a local political subdivision
shall:
(a) in accordance with Subsection (2), provide public notice of the local political
subdivision's intent to issue bonds; and
(b) hold a public hearing:
(i) if an election is required under this chapter:
(A) no sooner than 30 days before the day on which the notice of election is published
under Section 
11-14-202
; and
(B) no later than five business days before the day on which the notice of election is
published under Section 
11-14-202
; and
(ii) to receive input from the public with respect to:
(A) the issuance of the bonds; and
(B) the potential economic impact that the improvement, facility, or property for which
the bonds pay all or part of the cost will have on the private sector.
(2) A local political subdivision shall:
(a) publish the notice required by Subsection (1)(a) [
on the Utah Public Notice
Website, created under Section 
63A-16-601
,
] 
for the local political subdivision, as a class A
notice under Section 63G-28-102, for
 no less than 14 days before the 
day of the
 public hearing
required by Subsection (1)(b); and
(b) ensure that the notice:
(i) identifies:
(A) the purpose for the issuance of the bonds;
(B) the maximum principal amount of the bonds to be issued;
(C) the taxes, if any, proposed to be pledged for repayment of the bonds; and
(D) the time, place, and location of the public hearing; and
(ii) informs the public that the public hearing will be held for the purposes described in
Subsection (1)(b)(ii).
Section 54. Section 
11-14a-1
 is amended to read:
11-14a-1.
Notice of debt issuance.
(1) For purposes of this chapter:
(a) (i) "Debt" includes bonds, lease purchase agreements, certificates of participation,
and contracts with municipal building authorities.
(ii) "Debt" does not include tax and revenue anticipation notes or refunding bonds.
(b) (i) "Local government entity" means a county, city, town, school district, local
district, or special service district.
(ii) "Local government entity" does not mean an entity created by an interlocal
agreement under Title 11, Chapter 13, Interlocal Cooperation Act that has assets over
$10,000,000.
(c) "New debt resolution" means a resolution authorizing the issuance of debt wholly
or partially to fund a rejected project.
(d) "Rejected Project" means a project for which a local government entity sought
voter approval for general obligation bond financing and failed to receive that approval.
(2) Unless a local government entity complies with the requirements of this section, it
may not adopt a new debt resolution.
(3) (a) Before adopting a new debt resolution, a local government entity shall[
:
]
[
(i)
] advertise the local government entity's intent to issue debt by [
posting
] 
providing
 a
notice of that intent [
on the Utah Public Notice Website created in Section 
63A-16-601
,
] 
for
the local government entity, as a class A notice under Section 
63G-28-102
,
 for the two weeks
before the meeting at which the resolution will be considered[
; or
]
.
[
(ii) include notice of its intent to issue debt in a bill or other mailing sent to at least
95% of the residents of the local government entity.
]
(b) The local government entity shall ensure that the notice:
(i) except for website publication, is at least as large as the bill or other mailing that it
accompanies;
(ii) is entitled, in type size no smaller than 24 point, "Intent to Issue Debt"; and
(iii) contains the information required by Subsection (3)(c).
(c) The local government entity shall ensure that the advertisement or notice described
in Subsection (3)(a):
(i) identifies the local government entity;
(ii) states that the entity will meet on a day, time, and place identified in the
advertisement or notice to hear public comments regarding a resolution authorizing the
issuance of debt by the entity and to explain to the public the reasons for the issuance of debt;
(iii) contains:
(A) the name of the entity that will issue the debt;
(B) the purpose of the debt; and
(C) that type of debt and the maximum principal amount that may be issued;
(iv) invites all concerned citizens to attend the public hearing; and
(v) states that some or all of the proposed debt would fund a project whose general
obligation bond financing was rejected by the voters.
(4) (a) The resolution considered at the hearing shall identify:
(i) the type of debt proposed to be issued;
(ii) the maximum principal amount that might be issued;
(iii) the interest rate;
(iv) the term of the debt; and
(v) how the debt will be repaid.
(b) (i) Except as provided in Subsection (4)(b)(ii), the resolution considered at the
hearing need not be in final form and need not be adopted or rejected at the meeting at which
the public hearing is held.
(ii) The local government entity may not, in the final resolution, increase the maximum
principal amount of debt contained in the notice and discussed at the hearing.
(c) The local government entity may adopt, amend and adopt, or reject the resolution at
a later meeting without recomplying with the published notice requirements of this section.
Section 55. Section 
11-17-16
 is amended to read:
11-17-16.
Publication of resolutions and notice of bonds to be issued.
(1) (a) The governing body may provide for the publication of any resolution or other
proceeding adopted by it under this chapter, including all resolutions providing for the sale or
lease of any land by the municipality, county, or state university in connection with the
establishment, acquisition, development, maintenance, and operation of an industrial park.
(b) 
The publication shall be given:
(i) [
The publication shall be:
] 
as a class A notice under Section 
63G-28-102
, for at
least seven days:
(A) [
in a newspaper qualified to carry legal notices having general circulation in
] 
for
the municipality or county; or
(B) in the case of a state university, [
in a newspaper of general circulation in
] 
for
 the
county within which the principal administrative office of the state university is located; and
(ii) as required in Section 
45-1-101
.
(2) In case of a resolution or other proceeding providing for the issuance of bonds, the
governing body may, in lieu of publishing the entire resolution or other proceeding, publish a
notice of bonds to be issued, titled as such, containing:
(a) the name of the issuer;
(b) the purpose of the issue;
(c) the name of the users, if known;
(d) the maximum principal amount which may be issued;
(e) the maximum number of years over which the bonds may mature; and
(f) the times and place where a copy of the resolution or other proceeding may be
examined, which shall be at an office of the issuer, identified in the notice, during regular
business hours of the issuer as described in the notice and for a period of at least 30 days after
the publication of the notice.
(3) For a period of 30 days after publication any person in interest may contest the
legality of the resolution, proceeding, any bonds which may be authorized under them, or any
provisions made for the security and payment of the bonds. After expiration of the 30-day
period no person may contest the regularity, formality, or legality of the resolution,
proceedings, bonds, or security provisions for any cause.
Section 56. Section 
11-27-4
 is amended to read:
11-27-4.
Publication of resolution -- Notice of bond issue -- Contest of resolution
or proceeding.
(1) The governing body of any public body may provide for the publication of any
resolution or other proceeding adopted by it under this chapter:
(a) [
in a newspaper having general circulation in
] 
for
 the public body
, as a class A
notice under Section 
63G-28-102
, for at least seven days
; and
(b) as required in Section 
45-1-101
.
(2) In case of a resolution or other proceeding providing for the issuance of refunding
bonds (or for a combined issue of refunding bonds and bonds issued for any other purpose), the
governing body may, instead of publishing the entire resolution or other proceeding, publish a
notice of bonds to be issued, entitled accordingly, and containing:
(a) the name of the issuer;
(b) the purposes of the issue;
(c) the maximum principal amount which may be issued;
(d) the maximum number of years over which the bonds may mature;
(e) the maximum interest rate which the bonds may bear;
(f) the maximum discount from par, expressed as a percentage of principal amount, at
which the bonds may be sold;
(g) a general description of the security pledged for repayment of the bonds; and
(h) the times and place where a copy of the resolution or other proceeding authorizing
the issuance of the bonds may be examined, which shall be at an office of the governing body
identified in the notice, during regular business hours of the governing body as described in the
notice and for a period of at least 30 days after the publication of the notice.
(3) For a period of 30 days after the publication, any person in interest shall have the
right to contest the legality of the resolution or proceeding or any bonds which may be so
authorized or any provisions made for the security and payment of these bonds; and after this
time no person shall have any cause of action to contest the regularity, formality, or legality
thereof for any cause.
Section 57. Section 
11-27-5
 is amended to read:
11-27-5.
Negotiability of bonds -- Intent and construction of chapter -- Budget for
payment of bonds -- Proceedings limited to those required by chapter -- Notice -- No
election required -- Application of chapter.
(1) Refunding bonds shall have all the qualities of negotiable paper, shall be
incontestable in the hands of bona fide purchasers or holders for value, and are not invalid for
any irregularity or defect in the proceedings for their issuance and sale. This chapter is
intended to afford an alternative method for the issuance of refunding bonds by public bodies
and may not be construed to deprive any public body of the right to issue bonds for refunding
purposes under authority of any other statute, but this chapter, nevertheless, shall constitute full
authority for the issue and sale of refunding bonds by public bodies. Section 
11-1-1
, however,
is not applicable to refunding bonds.
(2) Any public body subject to any budget law shall in its annual budget make proper
provision for the payment of principal and interest currently falling due on refunding bonds,
but no provision need be made in the budget prior to the issuance of the refunding bonds for
their issuance or for the expenditure of the proceeds from them.
(3) (a) No ordinance, resolution, or proceeding concerning the issuance of refunding
bonds nor the publication of any resolution, proceeding, or notice relating to the issuance of the
refunding bonds shall be necessary except as specifically required by this chapter.
(b) A publication made under this chapter may be made:
[
(i) in any newspaper in which legal notices may be published under the laws of Utah,
without regard to its designation as the official journal or newspaper of the public body; and
]
(i) for the public body, as a class A notice under Section 
63G-28-102
; and
(ii) as required in Section 
45-1-101
.
(4) No resolution adopted or proceeding taken under this chapter shall be subject to any
referendum petition or to an election other than as required by this chapter. All proceedings
adopted under this chapter may be adopted on a single reading at any legally-convened meeting
of the governing body. This chapter shall apply to all bonds issued and outstanding at the time
this chapter takes effect as well as to bonds issued after this chapter takes effect.
Section 58. Section 
11-30-5
 is amended to read:
11-30-5.
Publication of order for hearing.
(1) Prior to the date set for hearing, the clerk of the court shall [
cause
] 
publish
 the order
[
to be published by posting the order on the Utah Public Notice Website created in Section
63A-16-601
] 
for the public body's jurisdiction, as a class A notice under Section 
63G-28-102
,
for three weeks.
(2) If a refunding bond is being validated, all holders of the bonds to be refunded may
be made defendants to the action, in which case notice may be made, and if so made shall be
considered sufficient, by mailing a copy of the order to each holder's last-known address.
(3) By publication of the order, all defendants shall have been duly served and shall be
parties to the proceedings.
Section 59. Section 
11-32-10
 is amended to read:
11-32-10.
Application to other laws and proceedings -- Notice.
(1) This chapter is supplemental to all existing laws relating to the collection of
delinquent taxes by participant members.
(2) (a) No ordinance, resolution, or proceeding in respect to any transaction authorized
by this chapter is necessary except as specifically required in this chapter nor is the publication
of any resolution, proceeding, or notice relating to any transaction authorized by this chapter
necessary except as required by this chapter.
(b) A publication made under this chapter may be made:
[
(i) in a newspaper conforming to the terms of this chapter and in which legal notices
may be published under the laws of Utah, without regard to the designation of it as the official
journal or newspaper of the public body
]
(i) for the public body's jurisdiction, as a class A notice under Section 
63G-28-102
, for
at least seven days
; and
(ii) as required in Section 
45-1-101
.
(c) No resolution adopted or proceeding taken under this chapter may be subject to
referendum petition or to an election other than as permitted in this chapter.
(d) All proceedings adopted under this chapter may be adopted on a single reading at
any legally convened meeting of the governing body or bodies or the board of trustees of the
authority as appropriate.
(3) Any formal action or proceeding taken by the governing body of a county or other
public body or the board of trustees of an authority under the authority of this chapter may be
taken by resolution of the governing body or the board of trustees as appropriate.
(4) This chapter shall apply to all authorities created, assignment agreements executed,
and bonds issued after this chapter takes effect.
(5) All proceedings taken before the effective date of this chapter by a county or other
public body in connection with the creation and operation of a financing authority are
validated, ratified, approved, and confirmed.
Section 60. Section 
11-32-11
 is amended to read:
11-32-11.
Publication of resolutions -- Notice -- Content.
(1) The governing body of any county, or the board of trustees of any financing
authority, may provide for the publication of any resolution or other proceeding adopted by it
under this chapter:
(a) [
in a newspaper having general circulation in
] 
for
 the county
, as a class A notice
under Section 
63G-28-102
, for at least seven days
; and
(b) as required in Section 
45-1-101
.
(2) In case of a resolution or other proceeding providing for the issuance of bonds, the
board of trustees of a financing authority may, in lieu of publishing the entire resolution or
other proceeding, publish a notice of bonds to be issued, titled as such, containing:
(a) the name of the financing authority and the participant members;
(b) the purposes of the issue;
(c) the maximum principal amount which may be issued;
(d) the maximum number of years over which the bonds may mature;
(e) the maximum interest rate which the bonds may bear;
(f) the maximum discount from par, expressed as a percentage of principal amount, at
which the bonds may be sold; and
(g) the time and place where a copy of the resolution or other proceedings authorizing
the issuance of the bonds may be examined, which shall be at an office of the financing
authority, identified in the notice, during regular business hours of the financing authority as
described in the notice and for a period of at least 30 days after the publication of the notice.
(3) For a period of 30 days after the publication, any person in interest may contest the
legality of the resolution or proceeding or any bonds or assignment agreements which may be
authorized by them or any provisions made for the security and payment of the bonds or for the
security and payment of the assignment agreement. After such time no person has any cause of
action to contest the regularity, formality, or legality of same for any cause.
Section 61. Section 
11-36a-501
 is amended to read:
11-36a-501.
Notice of intent to prepare an impact fee facilities plan.
(1) Before preparing or amending an impact fee facilities plan, a local political
subdivision or private entity shall provide written notice of its intent to prepare or amend an
impact fee facilities plan.
(2) A notice required under Subsection (1) shall:
(a) indicate that the local political subdivision or private entity intends to prepare or
amend an impact fee facilities plan;
(b) describe or provide a map of the geographic area where the proposed impact fee
facilities will be located; and
(c) subject to Subsection (3), be [
posted on the Utah Public Notice Website created
under Section 
63A-16-601
] 
provided for the geographic area where the proposed impact fee
facilities will be located, as a class A notice under Section 
63G-28-102
, for at least 10 days
.
(3) For a private entity required to post notice [
on the Utah Public Notice Website
]
under Subsection (2)(c):
(a) the private entity shall give notice to the general purpose local government in which
the private entity's private business office is located; and
(b) the general purpose local government described in Subsection (3)(a) shall post the
notice on the Utah Public Notice Website 
and, as available, on the general purpose local
government's website
.
Section 62. Section 
11-36a-503
 is amended to read:
11-36a-503.
Notice of preparation of an impact fee analysis.
(1) Before preparing or contracting to prepare an impact fee analysis, each local
political subdivision or, subject to Subsection (2), private entity shall [
post
] 
provide
 a public
notice [
on the Utah Public Notice Website created under Section 
63A-16-601
] 
for the local
political subdivision, as a class A notice under Section 
63G-28-102
, for at least 10 days
.
(2) For a private entity required to post notice [
on the Utah Public Notice Website
]
under Subsection (1):
(a) the private entity shall give notice to the general purpose local government in which
the private entity's primary business is located; and
(b) the general purpose local government described in Subsection (2)(a) shall post the
notice on the Utah Public Notice Website 
and, as available, on the general purpose local
government's website
.
Section 63. Section 
11-36a-504
 is amended to read:
11-36a-504.
Notice of intent to adopt impact fee enactment -- Hearing --
Protections.
(1) Before adopting an impact fee enactment:
(a) a municipality legislative body shall:
(i) comply with the notice requirements of Section 
10-9a-205
 as if the impact fee
enactment were a land use regulation;
(ii) hold a hearing in accordance with Section 
10-9a-502
 as if the impact fee enactment
were a land use regulation; and
(iii) except as provided in Subsection 
11-36a-701
(3)(b)(ii), receive the protections of
Section 
10-9a-801
 as if the impact fee were a land use regulation;
(b) a county legislative body shall:
(i) comply with the notice requirements of Section 
17-27a-205
 as if the impact fee
enactment were a land use regulation;
(ii) hold a hearing in accordance with Section 
17-27a-502
 as if the impact fee
enactment were a land use regulation; and
(iii) except as provided in Subsection 
11-36a-701
(3)(b)(ii), receive the protections of
Section 
17-27a-801
 as if the impact fee were a land use regulation;
(c) a local district or special service district shall:
(i) comply with the notice and hearing requirements of Section 
17B-1-111
; and
(ii) receive the protections of Section 
17B-1-111
;
(d) a local political subdivision shall at least 10 days before the day on which a public
hearing is scheduled in accordance with this section:
(i) make a copy of the impact fee enactment available to the public; and
(ii) [
post
] 
provide
 notice of the local political subdivision's intent to enact or modify
the impact fee, specifying the type of impact fee being enacted or modified, [
on the Utah Public
Notice Website created under Section 
63A-16-601
; and
] 
for the local political subdivision, as a
class A notice under Section 
63G-28-102
, for at least 10 days; and
(e) a local political subdivision shall submit a copy of the impact fee analysis and a
copy of the summary of the impact fee analysis prepared in accordance with Section
11-36a-303
 on its website or to each public library within the local political subdivision.
(2) Subsection (1)(a) or (b) may not be construed to require involvement by a planning
commission in the impact fee enactment process.
Section 64. Section 
11-39-103
 is amended to read:
11-39-103.
Requirements for undertaking a building improvement or public
works project -- Request for bids -- Notice -- Authority to reject bids.
(1) If the estimated cost of the building improvement or public works project exceeds
the bid limit, the local entity shall, if it determines to proceed with the building improvement or
public works project:
(a) request bids for completion of the building improvement or public works project
by[
:(i) posting
] 
providing
 notice 
for the local entity, as a class A notice under Section
63G-28-102
, for
 at least five days before opening the bids [
in at least five public places in the
local entity
] and leaving the notice posted for at least three days; and
[
(ii) posting notice on the Utah Public Notice Website created in Section 
63A-16-601
,
at least five days before opening the bids; and
]
(b) except as provided in Subsection (3), enter into a contract for the completion of the
building improvement or public works project with:
(i) the lowest responsive responsible bidder; or
(ii) for a design-build project formulated by a local entity, a responsible bidder that:
(A) offers design-build services; and
(B) satisfies the local entity's criteria relating to financial strength, past performance,
integrity, reliability, and other factors that the local entity uses to assess the ability of a bidder
to perform fully and in good faith the contract requirements for a design-build project.
(2) (a) Each notice under Subsection (1)(a) shall indicate that the local entity may reject
any or all bids submitted.
(b) (i) The cost of a building improvement or public works project may not be divided
to avoid:
(A) exceeding the bid limit; and
(B) subjecting the local entity to the requirements of this section.
(ii) Notwithstanding Subsection (2)(b)(i), a local entity may divide the cost of a
building improvement or public works project that would, without dividing, exceed the bid
limit if the local entity complies with the requirements of this section with respect to each part
of the building improvement or public works project that results from dividing the cost.
(3) (a) The local entity may reject any or all bids submitted.
(b) If the local entity rejects all bids submitted but still intends to undertake the
building improvement or public works project, the local entity shall again request bids by
following the procedure provided in Subsection (1)(a).
(c) If, after twice requesting bids by following the procedure provided in Subsection
(1)(a), the local entity determines that no satisfactory bid has been submitted, the governing
body may undertake the building improvement or public works project as it considers
appropriate.
Section 65. Section 
11-42-202
 is amended to read:
11-42-202.
Requirements applicable to a notice of a proposed assessment area
designation -- Notice.
(1) Each notice required under Subsection 
11-42-201
(2)(a) shall:
(a) state that the local entity proposes to:
(i) designate one or more areas within the local entity's jurisdictional boundaries as an
assessment area;
(ii) provide an improvement to property within the proposed assessment area; and
(iii) finance some or all of the cost of improvements by an assessment on benefitted
property within the assessment area;
(b) describe the proposed assessment area by any reasonable method that allows an
owner of property in the proposed assessment area to determine that the owner's property is
within the proposed assessment area;
(c) describe, in a general and reasonably accurate way, the improvements to be
provided to the assessment area, including:
(i) the nature of the improvements; and
(ii) the location of the improvements, by reference to streets or portions or extensions
of streets or by any other means that the governing body chooses that reasonably describes the
general location of the improvements;
(d) state the estimated cost of the improvements as determined by a project engineer;
(e) for the [
version of
] notice mailed [
in accordance with
] 
under
 Subsection [
(4)(b)
]
(4)
, state the estimated total assessment specific to the benefitted property for which the notice
is mailed;
(f) state that the local entity proposes to levy an assessment on benefitted property
within the assessment area to pay some or all of the cost of the improvements according to the
estimated benefits to the property from the improvements;
(g) if applicable, state that an unassessed benefitted government property will receive
improvements for which the cost will be allocated proportionately to the remaining benefitted
properties within the proposed assessment area and that a description of each unassessed
benefitted government property is available for public review at the location or website
described in Subsection (6);
(h) state the assessment method by which the governing body proposes to calculate the
proposed assessment, including, if the local entity is a municipality or county, whether the
assessment will be collected:
(i) by directly billing a property owner; or
(ii) by inclusion on a property tax notice issued in accordance with Section 
59-2-1317
and in compliance with Section 
11-42-401
;
(i) state:
(i) the date described in Section 
11-42-203
 and the location at which protests against
designation of the proposed assessment area or of the proposed improvements are required to
be filed;
(ii) the method by which the governing body will determine the number of protests
required to defeat the designation of the proposed assessment area or acquisition or
construction of the proposed improvements; and
(iii) in large, boldface, and conspicuous type that a property owner must protest the
designation of the assessment area in writing if the owner objects to the area designation or
being assessed for the proposed improvements, operation and maintenance costs, or economic
promotion activities;
(j) state the date, time, and place of the public hearing required in Section 
11-42-204
;
(k) if the governing body elects to create and fund a reserve fund under Section
11-42-702
, include a description of:
(i) how the reserve fund will be funded and replenished; and
(ii) how remaining money in the reserve fund is to be disbursed upon full payment of
the bonds;
(l) if the governing body intends to designate a voluntary assessment area, include a
property owner consent form that:
(i) estimates the total assessment to be levied against the particular parcel of property;
(ii) describes any additional benefits that the governing body expects the assessed
property to receive from the improvements;
(iii) designates the date and time by which the fully executed consent form is required
to be submitted to the governing body; and
(iv) if the governing body intends to enforce an assessment lien on the property in
accordance with Subsection 
11-42-502.1
(2)(a)(ii)(C):
(A) appoints a trustee that satisfies the requirements described in Section 
57-1-21
;
(B) gives the trustee the power of sale;
(C) is binding on the property owner and all successors; and
(D) explains that if an assessment or an installment of an assessment is not paid when
due, the local entity may sell the property owner's property to satisfy the amount due plus
interest, penalties, and costs, in the manner described in Title 57, Chapter 1, Conveyances;
(m) if the local entity intends to levy an assessment to pay operation and maintenance
costs or for economic promotion activities, include:
(i) a description of the operation and maintenance costs or economic promotion
activities to be paid by assessments and the initial estimated annual assessment to be levied;
(ii) a description of how the estimated assessment will be determined;
(iii) a description of how and when the governing body will adjust the assessment to
reflect the costs of:
(A) in accordance with Section 
11-42-406
, current economic promotion activities; or
(B) current operation and maintenance costs;
(iv) a description of the method of assessment if different from the method of
assessment to be used for financing any improvement; and
(v) a statement of the maximum number of years over which the assessment will be
levied for:
(A) operation and maintenance costs; or
(B) economic promotion activities;
(n) if the governing body intends to divide the proposed assessment area into
classifications under Subsection 
11-42-201
(1)(b), include a description of the proposed
classifications;
(o) if applicable, state the portion and value of the improvement that will be increased
in size or capacity to serve property outside of the assessment area and how the increases will
be financed; and
(p) state whether the improvements will be financed with a bond and, if so, the
currently estimated interest rate and term of financing, subject to Subsection (2), for which the
benefitted properties within the assessment area may be obligated.
(2) The estimated interest rate and term of financing in Subsection (1)(p) may not be
interpreted as a limitation to the actual interest rate incurred or the actual term of financing as
subject to the market rate at the time of the issuance of the bond.
(3) A notice required under Subsection 
11-42-201
(2)(a) may contain other information
that the governing body considers to be appropriate, including:
(a) the amount or proportion of the cost of the improvement to be paid by the local
entity or from sources other than an assessment;
(b) the estimated total amount of each type of assessment for the various improvements
to be financed according to the method of assessment that the governing body chooses; and
(c) provisions for any improvements described in Subsection 
11-42-102
(25)(a)(ii).
(4) Each notice required under Subsection 
11-42-201
(2)(a) shall[
:
] 
be published for the
governing body's jurisdiction, as a class B notice under Section 
63G-28-102
, for at least 20
days, but not more than 35 days, before the day of the hearing required in Section 
11-42-204
.
[
(a) (i) be posted in at least three public places within the local entity's jurisdictional
boundaries at least 20 but not more than 35 days before the day of the hearing required in
Section 
11-42-204
; and
]
[
(ii) be published on the Utah Public Notice Website described in Section 
63A-16-601
for four weeks before the deadline for filing protests specified in the notice under Subsection
(1)(i); and
]
[
(b) be mailed, postage prepaid, within 10 days after the first publication or posting of
the notice under Subsection (4)(a) to each owner of property to be assessed within the proposed
assessment area at the property owner's mailing address.
]
(5) (a) The local entity may record the version of the notice that is published or posted
in accordance with Subsection [
(4)(a)
] 
(4)
 with the office of the county recorder, by legal
description and tax identification number as identified in county records, against the property
proposed to be assessed.
(b) The notice recorded under Subsection (5)(a) expires and is no longer valid one year
after the day on which the local entity records the notice if the local entity has failed to adopt
the designation ordinance or resolution under Section 
11-42-201
 designating the assessment
area for which the notice was recorded.
(6) A local entity shall make available on the local entity's website, or, if no website is
available, at the local entity's place of business, the address and type of use of each unassessed
benefitted government property described in Subsection (1)(g).
(7) If a governing body fails to provide actual or constructive notice under this section,
the local entity may not assess a levy against a benefitted property omitted from the notice
unless:
(a) the property owner gives written consent;
(b) the property owner received notice under Subsection 
11-42-401
(2)(a)(iii) and did
not object to the levy of the assessment before the final hearing of the board of equalization; or
(c) the benefitted property is conveyed to a subsequent purchaser and, before the date
of conveyance, the requirements of Subsections 
11-42-206
(3)(a)(i) and (ii), or, if applicable,
Subsection 
11-42-207
(1)(d)(i) are met.
Section 66. Section 
11-42-301
 is amended to read:
11-42-301.
Improvements made only under contract let to lowest responsive,
responsible bidder -- Publishing notice -- Sealed bids -- Procedure -- Exceptions to
contract requirement.
(1) Except as otherwise provided in this section, a local entity may make improvements
in an assessment area only under contract let to the lowest responsive, responsible bidder for
the kind of service, material, or form of construction that the local entity's governing body
determines in compliance with any applicable local entity ordinances.
(2) A local entity may:
(a) divide improvements into parts;
(b) (i) let separate contracts for each part; or
(ii) combine multiple parts into the same contract; and
(c) let a contract on a unit basis.
(3) (a) A local entity may not let a contract until after [
posting
] 
providing
 notice as
provided in Subsection (3)(b)
,
 [
on the Utah Public Notice Website created in Section
63A-16-601
,
] 
as a class A notice under Section 
63G-28-102
, for
 at least 15 days before the date
specified for receipt of bids.
(b) Each notice under Subsection (3)(a) shall notify contractors that the local entity will
receive sealed bids at a specified time and place for the construction of the improvements.
(c) Notwithstanding a local entity's failure, through inadvertence or oversight, to
publish the notice or to publish the notice within 15 days before the date specified for receipt of
bids, the governing body may proceed to let a contract for the improvements if the local entity
receives at least three sealed and bona fide bids from contractors by the time specified for the
receipt of bids.
(d) A local entity may publish a notice required under this Subsection (3) at the same
time as a notice under Section 
11-42-202
.
(4) (a) A local entity may accept as a sealed bid a bid that is:
(i) manually sealed and submitted; or
(ii) electronically sealed and submitted.
(b) The governing body or project engineer shall, at the time specified in the notice
under Subsection (3), open and examine the bids.
(c) In open session, the governing body:
(i) shall declare the bids; and
(ii) may reject any or all bids if the governing body considers the rejection to be for the
public good.
(d) The local entity may award the contract to the lowest responsive, responsible bidder
even if the price bid by that bidder exceeds the estimated costs as determined by the project
engineer.
(e) A local entity may in any case:
(i) refuse to award a contract;
(ii) obtain new bids after giving a new notice under Subsection (3);
(iii) determine to abandon the assessment area; or
(iv) not make some of the improvements proposed to be made.
(5) A local entity is not required to let a contract as provided in this section for:
(a) an improvement or part of an improvement the cost of which or the making of
which is donated or contributed;
(b) an improvement that consists of furnishing utility service or maintaining
improvements;
(c) labor, materials, or equipment supplied by the local entity;
(d) the local entity's acquisition of completed or partially completed improvements in
an assessment area;
(e) design, engineering, and inspection costs incurred with respect to the construction
of improvements in an assessment area; or
(f) additional work performed in accordance with the terms of a contract duly let to the
lowest responsive, responsible bidder.
(6) A local entity may itself furnish utility service and maintain improvements within
an assessment area.
(7) (a) A local entity may acquire completed or partially completed improvements in an
assessment area, but may not pay an amount for those improvements that exceeds their fair
market value.
(b) Upon the local entity's payment for completed or partially completed
improvements, title to the improvements shall be conveyed to the local entity or another public
agency.
(8) The provisions of Title 11, Chapter 39, Building Improvements and Public Works
Projects, and Section 
72-6-108
 do not apply to improvements to be constructed in an
assessment area.
Section 67. Section 
11-42-402
 is amended to read:
11-42-402.
Notice of assessment and board of equalization hearing.
Each notice required under Subsection 
11-42-401
(2)(a)(iii) shall:
(1) state:
(a) that an assessment list is completed and available for examination at the offices of
the local entity;
(b) the total estimated or actual cost of the improvements;
(c) the amount of the total estimated or actual cost of the proposed improvements to be
paid by the local entity;
(d) the amount of the assessment to be levied against benefitted property within the
assessment area;
(e) the assessment method used to calculate the proposed assessment;
(f) the unit cost used to calculate the assessments shown on the assessment list, based
on the assessment method used to calculate the proposed assessment; and
(g) the dates, times, and place of the board of equalization hearings under Subsection
11-42-401
(2)(b)(i); 
and
(2) [
(a) beginning
] 
for
 at least 20
,
 but not more than 35
,
 days before the day on which
the first hearing of the board of equalization is held, be [
posted in at least three public places
within the local entity's jurisdictional boundaries; and
] 
published for the local entity's
jurisdiction, as a class B notice under Section 
63G-28-102
.
[
(b) be published on the Utah Public Notice Website created in Section 
63A-16-601
 for
days immediately before the day on which the first hearing of the board of equalization is
held; and
]
[
(3) be mailed, postage prepaid, within 10 days after the first publication or posting of
the notice under Subsection (2) to each owner of property to be assessed within the proposed
assessment area at the property owner's mailing address.
]
Section 68. Section 
11-42-404
 is amended to read:
11-42-404.
Adoption of a resolution or ordinance levying an assessment -- Notice
of the adoption -- Effective date of resolution or ordinance -- Notice of assessment
interest.
(1) (a) After receiving a final report from a board of equalization under Subsection
11-42-403
(5) or, if applicable, after the time for filing an appeal under Subsection
11-42-403
(6) has passed, the governing body may adopt a resolution or ordinance levying an
assessment against benefitted property within the assessment area designated in accordance
with Part 2, Designating an Assessment Area.
(b) Except as provided in Subsection (1)(c), a local entity may not levy more than one
assessment under this chapter for an assessment area designated in accordance with Part 2,
Designating an Assessment Area.
(c) A local entity may levy more than one assessment in an assessment area designated
in accordance with Part 2, Designating an Assessment Area, if:
(i) the local entity has adopted a designation resolution or designation ordinance for
each assessment in accordance with Section 
11-42-201
; and
(ii) the assessment is levied to pay:
(A) subject to Section 
11-42-401
, operation and maintenance costs;
(B) subject to Section 
11-42-406
, the costs of economic promotion activities; or
(C) the costs of environmental remediation activities.
(d) An assessment resolution or ordinance adopted under Subsection (1)(a):
(i) need not describe each tract, block, lot, part of block or lot, or parcel of property to
be assessed;
(ii) need not include the legal description or tax identification number of the parcels of
property assessed in the assessment area; and
(iii) is adequate for purposes of identifying the property to be assessed within the
assessment area if the assessment resolution or ordinance incorporates by reference the
corrected assessment list that describes the property assessed by legal description and tax
identification number.
(2) (a) A local entity that adopts an assessment resolution or ordinance shall give notice
of the adoption [
by:
] 
for the local entity's jurisdiction, as a class A notice under Section
63G-28-102
, for at least 21 days.
[
(i) posting a copy of the resolution or ordinance in at least three public places within
the local entity's jurisdictional boundaries for at least 21 days; and
]
[
(ii) posting a copy of the resolution or ordinance on the Utah Public Notice Website
created in Section 
63A-16-601
 for at least 21 days.
]
(b) No other publication or posting of the resolution or ordinance is required.
(3) Notwithstanding any other statutory provision regarding the effective date of a
resolution or ordinance, each assessment resolution or ordinance takes effect:
(a) on the date of publication or posting of the notice under Subsection (2); or
(b) at a later date provided in the resolution or ordinance.
(4) (a) The governing body of each local entity that has adopted an assessment
resolution or ordinance under Subsection (1) shall, within five days after the day on which the
25-day prepayment period under Subsection 
11-42-411
(6) has passed, file a notice of
assessment interest with the recorder of the county in which the assessed property is located.
(b) Each notice of assessment interest under Subsection (4)(a) shall:
(i) state that the local entity has an assessment interest in the assessed property;
(ii) if the assessment is to pay operation and maintenance costs or for economic
promotion activities, state the maximum number of years over which an assessment will be
payable; and
(iii) describe the property assessed by legal description and tax identification number.
(c) A local entity's failure to file a notice of assessment interest under this Subsection
(4) has no affect on the validity of an assessment levied under an assessment resolution or
ordinance adopted under Subsection (1).
Section 69. Section 
11-42-604
 is amended to read:
11-42-604.
Notice regarding resolution or ordinance authorizing interim
warrants or bond anticipation notes -- Complaint contesting warrants or notes --
Prohibition against contesting warrants and notes.
(1) A local entity may publish notice, as provided in Subsection (2), of a resolution or
ordinance that the governing body has adopted authorizing the issuance of interim warrants or
bond anticipation notes.
(2) (a) If a local entity chooses to publish notice under Subsection (1), the notice shall:
(i) be published:
(A) [
in a newspaper of general circulation within
] 
for
 the local entity
, as a class A
notice under Section 
63G-28-102
, for at least 30 days
; and
(B) as required in Section 
45-1-101
; and
(ii) contain:
(A) the name of the issuer of the interim warrants or bond anticipation notes;
(B) the purpose of the issue;
(C) the maximum principal amount that may be issued;
(D) the maximum length of time over which the interim warrants or bond anticipation
notes may mature;
(E) the maximum interest rate, if there is a maximum rate; and
(F) the times and place where a copy of the resolution or ordinance may be examined,
as required under Subsection (2)(b).
(b) The local entity shall allow examination of the resolution or ordinance authorizing
the issuance of the interim warrants or bond anticipation notes at its office during regular
business hours.
(3) Any person may, within 30 days after publication of a notice under Subsection (1),
file a verified, written complaint in the district court of the county in which the person resides,
contesting the regularity, formality, or legality of the interim warrants or bond anticipation
notes issued by the local entity or the proceedings relating to the issuance of the interim
warrants or bond anticipation notes.
(4) After the 30-day period under Subsection (3), no person may contest the regularity,
formality, or legality of the interim warrants or bond anticipation notes issued by a local entity
under the resolution or ordinance that was the subject of the notice under Subsection (1), or the
proceedings relating to the issuance of the interim warrants or bond anticipation notes.
Section 70. Section 
11-42a-201
 is amended to read:
11-42a-201.
Resolution or ordinance designating an energy assessment area,
levying an assessment, and issuing an energy assessment bond -- Notice of adoption.
(1) (a) Except as otherwise provided in this chapter, and subject to the requirements of
this part, at the request of a property owner on whose property or for whose benefit an
improvement is being installed or being reimbursed, a governing body of a local entity may
adopt an energy assessment resolution or an energy assessment ordinance that:
(i) designates an energy assessment area;
(ii) levies an assessment within the energy assessment area; and
(iii) if applicable, authorizes the issuance of an energy assessment bond.
(b) The governing body of a local entity may, by adopting a parameters resolution,
delegate to an officer of the local entity, in accordance with the parameters resolution, the
authority to:
(i) execute an energy assessment resolution or ordinance that:
(A) designates an energy assessment area;
(B) levies an energy assessment lien; and
(C) approves the final interest rate, price, principal amount, maturities, redemption
features, and other terms of the energy assessment bonds; and
(ii) approve and execute all documents related to the designation of the energy
assessment area, the levying of the energy assessment lien, and the issuance of the energy
assessment bonds.
(c) The boundaries of a proposed energy assessment area may:
(i) include property that is not intended to be assessed; and
(ii) overlap, be coextensive with, or be substantially coterminous with the boundaries
of any other energy assessment area or an assessment area created under Title 11, Chapter 42,
Assessment Area Act.
(d) The energy assessment resolution or ordinance described in Subsection (1)(a) is
adequate for purposes of identifying the property to be assessed within the energy assessment
area if the resolution or ordinance describes the property to be assessed by legal description and
tax identification number.
(2) (a) A local entity that adopts an energy assessment resolution or ordinance under
Subsection (1)(a) or a parameters resolution under Subsection (1)(b) shall give notice of the
adoption of the energy assessment resolution or ordinance or the parameters resolution by
[
posting
] 
publishing
 a copy of the resolution or ordinance[
:
] 
for the local entity's jurisdiction,
as a class A notice under Section 
63G-28-102
, for at least 21 days.
[
(i) in at least three public places within the local entity's jurisdictional boundaries for
at least 21 days; and
]
[
(ii) on the Utah Public Notice Website created in Section 
63A-16-601
, for at least 21
days.
]
(b) Except as provided in Subsection (2)(a), a local entity is not required to make any
other publication or posting of the resolution or ordinance.
(3) Notwithstanding any other statutory provision regarding the effective date of a
resolution or ordinance, each energy assessment resolution or ordinance takes effect on the
later of:
(a) the date on which the governing body of the local entity adopts the energy
assessment resolution or ordinance;
(b) the date of publication or posting of the notice of adoption of either the energy
assessment resolution or ordinance or the parameters resolution described in Subsection (2); or
(c) at a later date as provided in the resolution or ordinance.
(4) (a) The governing body of each local entity that has adopted an energy assessment
resolution or ordinance under Subsection (1) shall, within five days after the effective date of
the resolution or ordinance, file a notice of assessment interest with the recorder of the county
in which the property to be assessed is located.
(b) Each notice of assessment interest under Subsection (4)(a) shall:
(i) state that the local entity has an assessment interest in the property to be assessed;
and
(ii) describe the property to be assessed by legal description and tax identification
number.
(c) If a local entity fails to file a notice of assessment interest under this Subsection (4):
(i) the failure does not invalidate the designation of an energy assessment area; and
(ii) the local entity may not assess a levy against a subsequent purchaser of a benefitted
property that lacked recorded notice unless:
(A) the subsequent purchaser gives written consent;
(B) the subsequent purchaser has actual notice of the assessment levy; or
(C) the subsequent purchaser purchased the property after a corrected notice was filed
under Subsection (4)(d).
(d) The local entity may file a corrected notice if the entity fails to comply with the date
or other requirements for filing a notice of assessment interest.
(e) If a governing body has filed a corrected notice under Subsection (4)(d), the local
entity may not retroactively collect or adjust the amount of the levy to recapture lost funds for a
levy that the local entity was prohibited from collecting, if applicable, under Subsection (4)(c).
Section 71. Section 
11-42b-104
 is amended to read:
11-42b-104.
Notice of proposed assessment area -- Requirements.
(1) If the legislative body of a specified county receives a petition that meets the
requirements of Section 
11-42b-103
, the legislative body shall give notice of the proposed
assessment area.
(2) The notice under Subsection (1) shall:
(a) include the following information:
(i) a statement that the legislative body received a petition to designate an assessment
area under Section 
11-42b-103
;
(ii) a statement that the specified county proposes to:
(A) designate one or more areas within the specified county's geographic boundaries as
an assessment area;
(B) contract with a third party administrator to provide beneficial activities within the
proposed assessment area; and
(C) finance some or all of the cost of providing beneficial activities by an assessment
on benefitted properties within the assessment area;
(iii) a summary of the contents of the proposed management plan, including the
information described in Subsection 
11-42b-103
(2)(a)(i);
(iv) a statement explaining how an individual can access the petition described in
Subsection (2)(a), including the contents of the proposed management plan;
(v) a statement that contains:
(A) the date described in Section 
11-42b-105
 and the location at which a protest under
Section 
11-42b-105
 may be filed;
(B) the method by which the legislative body will determine the number of protests
required to defeat the designation of the proposed assessment area or implementation of the
proposed beneficial activities, subject to Subsection 
11-42b-107
(1)(b); and
(C) a statement in large, boldface, and conspicuous type explaining that an owner of a
benefitted property must protest the designation of the assessment area in writing if the owner
objects to the area designation or being assessed for the proposed beneficial activities;
(vi) the date, time, and place of the public hearing required in Section 
11-42b-106
; and
(vii) any other information the legislative body considers appropriate; 
and
[
(b) (i) be posted in at least three public places within the specified county's geographic
boundaries at least 20 but not more than 35 days before the day of the hearing required in
Section 
11-42b-106
; and
]
[
(ii) be published on the Utah Public Notice Website described in Section 
63A-16-601
for four weeks before the deadline for filing protests specified in the notice under Subsection
(2)(a)(v); and
]
[
(c)
] 
(b)
 [
be mailed, postage prepaid, within 10 days after the first publication or
posting of the notice under Subsection (2)(b) to each owner of benefitted property within
] 
be
published for
 the proposed assessment area [
at the owner's mailing address
]
, as a class B notice
under Section 
63G-28-102
, for at least 20 days, but not more than 35 days, before the day of
the hearing required in Section 
11-42b-105
.
(3) (a) The legislative body may record the version of the notice that is published or
posted in accordance with Subsection (2)(b) with the office of the county recorder.
(b) The notice recorded under Subsection (3)(a) expires and is no longer valid one year
after the day on which the legislative body records the notice if the legislative body has failed
to adopt the designation ordinance or resolution under Section 
11-42b-102
 designating the
assessment area for which the notice was recorded.
Section 72. Section 
11-42b-108
 is amended to read:
11-42b-108.
Amendments to management plan -- Procedure -- Notice
requirements.
(1) After the legislative body adopts an ordinance or resolution approving a
management plan as provided in Subsection 
11-42b-107
(1)(c)(ii) and contracts with a third
party administrator to provide beneficial activities within the assessment area, the legislative
body may amend the management plan if:
(a) the third party administrator submits to the legislative body a written request for
amendments;
(b) subject to Subsection (2), the legislative body gives notice of the proposed
amendments;
(c) the legislative body holds a public meeting no more than 90 days after the day on
which the legislative body gives notice under Subsection (1)(b); and
(d) at the public meeting described in Subsection (1)(c), the legislative body adopts an
ordinance or resolution approving the amendments to the management plan.
(2) The notice described in Subsection (1)(b) shall:
(a) describe the proposed amendments to the management plan;
(b) state the date, time, and place of the public meeting described in Subsection (1)(c);
and
[
(c) (i) be posted in at least three public places within the specified county's geographic
boundaries at least 20 but not more than 35 days before the day of the public meeting described
in Subsection (1)(c); and
]
[
(ii) be published on the Utah Public Notice Website described in Section 
63A-16-601
for four weeks before the public meeting described in Subsection (1)(c); and
]
[
(d)
] 
(c)
 [
be mailed, postage prepaid, within 10 days after the first publication or
posting of the notice under Subsection (2)(c) to each owner of benefitted property within
] 
be
published for
 the assessment area [
at the owner's mailing address
]
, as a class B notice under
Section 
63G-28-102
, for at least 20 days, but not more than 35 days, before the day of the
public meeting described in Subsection (1)(c)
.
Section 73. Section 
11-42b-109
 is amended to read:
11-42b-109.
Renewal of assessment area designation -- Procedure -- Disposition
of previous revenues -- Notice requirements.
(1) Upon the expiration of an assessment area, the legislative body may, for a period
not to exceed 10 years, renew the assessment area as provided in this section.
(2) (a) If there are no changes to the management plan or the designation of the third
party administrator, the legislative body may not renew the assessment area unless:
(i) subject to Subsection (2)(c), the legislative body gives notice of the proposed
renewal;
(ii) the legislative body holds a public meeting no more than 90 days after the day on
which the legislative body gives notice under Subsection (2)(a)(i); and
(iii) at the public meeting described in Subsection (2)(a)(ii), the legislative body adopts
an ordinance or resolution renewing the assessment area designation.
(b) If there are changes to the management plan or the designation of the third party
administrator, the legislative body may not renew the assessment area unless the legislative
body:
(i) gives notice of the proposed renewal in accordance with Section 
11-42b-104
;
(ii) receives and considers all protests filed under Section 
11-42b-105
;
(iii) holds a public hearing as provided in Section 
11-42b-106
;
(iv) holds a public meeting as provided in Section 
11-42b-107
; and
(v) at the public meeting described in Subsection (2)(b)(iv), adopts an ordinance or
resolution renewing the assessment area.
(c) The notice described in Subsection (2)(a)(i) shall:
(i) state:
(A) that the legislative body proposes to renew the assessment area with no changes;
and
(B) the date, time, and place of the public meeting described in Subsection (2)(a)(ii);
and
[
(ii) (A) be posted in at least three public places within the specified county's
geographic boundaries at least 20 but not more than 35 days before the day of the public
meeting described in Subsection (2)(a)(ii); and
]
[
(B) be published on the Utah Public Notice Website described in Section 
63A-16-601
for four weeks before the public meeting described in Subsection (2)(a)(ii); and
]
[
(iii)
] 
(ii)
 [
be mailed, postage prepaid, within 10 days after the first publication or
posting of the notice under Subsection (2)(c)(ii) to each owner of benefitted property within
] 
be
published for
 the assessment area [
at the owner's mailing address
]
, as a class B notice under
Section 
63G-28-102
, for at least 20 days, but not more than 35 days, before the day of the
public meeting described in Subsection (2)(a)(ii)
.
(3) (a) Upon renewal of an assessment area, any remaining revenues derived from the
levy of assessments, or any revenues derived from the sale of assets acquired with the revenues,
shall be transferred to the renewed assessment area.
(b) If the renewed assessment area includes a benefitted property that was not included
in the previous assessment area, the third party administrator may only expend revenues
described in Subsection (3)(a) on benefitted properties that were included in the previous
assessment area.
(c) If the renewed assessment area does not include a benefitted property that was
included in the previous assessment area, the third party administrator shall refund to the owner
of the benefitted property the revenues described in Subsection (3)(a) attributable to the
benefitted property.
Section 74. Section 
11-42b-110
 is amended to read:
11-42b-110.
Dissolution of assessment area -- Procedure -- Disposition of
revenues -- Notice requirements.
(1) The legislative body may dissolve an assessment area before the assessment area
expires as provided in this section.
(2) The legislative body may not dissolve an assessment area under Subsection (1)
unless:
(a) (i) the legislative body determines there has been a misappropriation of funds,
malfeasance, or a violation of law in connection with the management of the assessment area;
or
(ii) a petition to dissolve the assessment area:
(A) is signed by a qualified number of owners; and
(B) is submitted to the legislative body within the period described in Subsection (3);
(b) subject to Subsection (4), the legislative body gives notice of the proposed
dissolution;
(c) the legislative body holds a public meeting; and
(d) at the public meeting described in Subsection (2)(c), the legislative body adopts an
ordinance or resolution dissolving the assessment area.
(3) The owners of benefitted properties may submit to the legislative body a petition
described in Subsection (2)(a)(ii):
(a) within a 30-day period that begins after the day on which the assessment area is
designated by ordinance or resolution under Section 
11-42b-107
; or
(b) within the same 30-day period during each subsequent year in which the assessment
area exists.
(4) The notice described in Subsection (2)(b) shall:
(a) state:
(i) the reasons for the proposed dissolution; and
(ii) the date, time, and place of the public meeting described in Subsection (2)(c); 
and
[
(b) (i) be posted in at least three public places within the specified county's geographic
boundaries at least 20 but not more than 35 days before the day of the public meeting described
in Subsection (2)(c); and
]
[
(ii) be published on the Utah Public Notice Website described in Section 
63A-16-601
for four weeks before the public meeting described in Subsection (2)(c); and
]
[
(c)
] 
(b)
 [
be mailed, postage prepaid, within 10 days after the first publication or
posting of the notice under Subsection (4)(b) to each owner of benefitted property within
] 
be
published for
 the assessment area [
at the owner's mailing address
]
, as a class B notice under
Section 
63G-28-102
, for at least 20 days, but not more than 35 days, before the day of the
public meeting described in Subsection (2)(c)
.
(5) Upon the dissolution of an assessment area, the third party administrator shall
return to the owner of each benefitted property any remaining revenues attributable to the
benefitted property.
Section 75. Section 
11-58-502
 is amended to read:
11-58-502.
Public meeting to consider and discuss draft project area plan --
Notice -- Adoption of plan.
(1) The board shall hold at least one public meeting to consider and discuss a draft
project area plan.
(2) At least 10 days before holding a public meeting under Subsection (1), the board
shall give notice of the public meeting:
(a) to each taxing entity;
(b) to a municipality in which the proposed project area is located or that is located
within one-half mile of the proposed project area; and
[
(c) on the Utah Public Notice Website created in Section 
63A-16-601
]
(c) for the proposed project area, as a class A notice under Section 
63G-28-102
, for at
least 10 days
.
(3) Following consideration and discussion of the draft project area plan, and any
modification of the project area plan under Subsection 
11-58-501
(2)(d), the board may adopt
the draft project area plan or modified draft project area plan as the project area plan.
Section 76. Section 
11-58-503
 is amended to read:
11-58-503.
Notice of project area plan adoption -- Effective date of plan -- Time
for challenging a project area plan or project area.
(1) Upon the board's adoption of a project area plan, the board shall provide notice as
provided in Subsection (2) by publishing or causing to be published legal notice:
(a) [
in a newspaper of general circulation within or near
] 
for
 the project area
, as a class
A notice under Section 
63G-28-102
, for at least 30 days
; and
(b) as required by Section 
45-1-101
.
(2) (a) Each notice under Subsection (1) shall include:
(i) the board resolution adopting the project area plan or a summary of the resolution;
and
(ii) a statement that the project area plan is available for general public inspection and
the hours for inspection.
(b) The statement required under Subsection (2)(a)(ii) may be included within the
board resolution adopting the project area plan or within the summary of the resolution.
(3) The project area plan shall become effective on the date designated in the board
resolution.
(4) The authority shall make the adopted project area plan available to the general
public at the authority's offices during normal business hours.
(5) Within 10 days after the day on which a project area plan is adopted that establishes
a project area, or after an amendment to a project area plan is adopted under which the
boundary of a project area is modified, the authority shall send notice of the establishment or
modification of the project area and an accurate map or plat of the project area to:
(a) the State Tax Commission;
(b) the Utah Geospatial Resource Center created in Section 
63A-16-505
; and
(c) the assessor and recorder of each county where the project area is located.
(6) (a) A legal action or other challenge to a project area plan or a project area
described in a project area plan is barred unless brought within 30 days after the effective date
of the project area plan.
(b) A legal action or other challenge to a project area that consists of authority
jurisdictional land is barred unless brought within 30 days after the board adopts a business
plan under Subsection 
11-58-202
(1)(a) for the authority jurisdictional land.
Section 77. Section 
11-58-701
 is amended to read:
11-58-701.
Resolution authorizing issuance of port authority bonds --
Characteristics of bonds -- Notice.
(1) The authority may not issue bonds under this part unless the board first:
(a) adopts a parameters resolution for the bonds that sets forth:
(i) the maximum:
(A) amount of bonds;
(B) term; and
(C) interest rate; and
(ii) the expected security for the bonds; and
(b) submits the parameters resolution for review and recommendation to the State
Finance Review Commission created in Section 
63C-25-201
.
(2) (a) As provided in the authority resolution authorizing the issuance of bonds under
this part or the trust indenture under which the bonds are issued, bonds issued under this part
may be issued in one or more series and may be sold at public or private sale and in the manner
provided in the resolution or indenture.
(b) Bonds issued under this part shall bear the date, be payable at the time, bear interest
at the rate, be in the denomination and in the form, carry the conversion or registration
privileges, have the rank or priority, be executed in the manner, be subject to the terms of
redemption or tender, with or without premium, be payable in the medium of payment and at
the place, and have other characteristics as provided in the authority resolution authorizing
their issuance or the trust indenture under which they are issued.
(3) Upon the board's adoption of a resolution providing for the issuance of bonds, the
board may provide for the publication of the resolution:
(a) [
in a newspaper having general circulation in
] 
for the area within
 the authority's
boundaries
, as a class A notice under Section 
63G-28-102
, for at least 30 days
; and
(b) as required in Section 
45-1-101
.
(4) In lieu of publishing the entire resolution, the board may publish notice of bonds
that contains the information described in Subsection 
11-14-316
(2).
(5) For a period of 30 days after the publication, any person in interest may contest:
(a) the legality of the resolution or proceeding;
(b) any bonds that may be authorized by the resolution or proceeding; or
(c) any provisions made for the security and payment of the bonds.
(6) (a) A person may contest the matters set forth in Subsection (5) by filing a verified
written complaint, within 30 days of the publication under Subsection (5), in the district court
of the county in which the person resides.
(b) A person may not contest the matters set forth in Subsection (5), or the regularity,
formality, or legality of the resolution or proceeding, for any reason, after the 30-day period for
contesting provided in Subsection (6)(a).
(7) No later than 60 days after the closing day of any bonds, the authority shall report
the bonds 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-25-201
.
Section 78. Section 
11-58-901
 is amended to read:
11-58-901.
Dissolution of port authority -- Restrictions -- Notice of dissolution --
Disposition of port authority property -- Port authority records -- Dissolution expenses.
(1) The authority may not be dissolved unless the authority has no outstanding bonded
indebtedness, other unpaid loans, indebtedness, or advances, and no legally binding contractual
obligations with persons or entities other than the state.
(2) Upon the dissolution of the authority:
(a) the Governor's Office of Economic Opportunity shall publish a notice of
dissolution:
(i) [
in a newspaper of general circulation in
] 
for
 the county in which the dissolved
authority is located
, as a class A notice under Section 
63G-28-102
, for at least seven days
; and
(ii) as required in Section 
45-1-101
; and
(b) all title to property owned by the authority vests in the state.
(3) The books, documents, records, papers, and seal of each dissolved authority shall
be deposited for safekeeping and reference with the state auditor.
(4) The authority shall pay all expenses of the deactivation and dissolution.
Section 79. Section 
11-59-501
 is amended to read:
11-59-501.
Dissolution of authority -- Restrictions -- Publishing notice of
dissolution -- Authority records -- Dissolution expenses.
(1) The authority may not be dissolved unless:
(a) the authority board first receives approval from the Legislative Management
Committee of the Legislature to dissolve the authority; and
(b) the authority has no outstanding bonded indebtedness, other unpaid loans,
indebtedness, or advances, and no legally binding contractual obligations with persons or
entities other than the state.
(2) To dissolve the authority, the board shall:
(a) obtain the approval of the Legislative Management Committee of the Legislature;
and
(b) adopt a resolution dissolving the authority, to become effective as provided in the
resolution.
(3) Upon the dissolution of the authority:
(a) the Governor's Office of Economic Opportunity shall publish a notice of
dissolution:
(i) [
in a newspaper of general circulation in
] 
for
 the county in which the dissolved
authority is located
, as a class A notice under Section 
63G-28-102
, for at least seven days
; and
(ii) as required in Section 
45-1-101
; and
(b) all title to property owned by the authority vests in the Division of Facilities
Construction and Management, created in Section 
63A-5b-301
, for the benefit of the state.
(4) The board shall deposit all books, documents, records, papers, and seal of the
dissolved authority with the state auditor for safekeeping and reference.
(5) The authority shall pay all expenses of the deactivation and dissolution. 
Section 80. Section 
11-65-204
 is amended to read:
11-65-204.
Management plan.
(1) (a) The board shall prepare, adopt, and, subject to Subsection (1)(b), implement a
management plan.
(b) The lake authority may not begin to implement a management plan until April 1,
2023.
(2) In preparing a management plan, the board shall:
(a) consult with and seek and consider input from the legislative or governing body of
each adjacent political subdivision;
(b) work cooperatively with and receive input from the Division of Forestry, Fire, and
State Lands; and
(c) consider how the interests of adjacent political subdivisions would be affected by
implementation of the management plan.
(3) A management plan shall:
(a) describe in general terms the lake authority's:
(i) vision and plan for achieving and implementing the policies and objectives stated in
Section 
11-65-203
; and
(ii) overall plan for the management of Utah Lake, including an anticipated timetable
and any anticipated phases of management;
(b) accommodate and advance, without sacrificing the policies and objectives stated in
Section 
11-65-203
, the compatible interests of adjacent political subdivisions;
(c) describe in general terms how the lake authority anticipates cooperating with
adjacent political subdivisions to pursue mutually beneficial goals in connection with the
management of Utah Lake;
(d) identify the anticipated sources of revenue for implementing the management plan;
and
(e) be consistent with management planning conducted by the Division of Forestry,
Fire, and State Lands, to pursue the objectives of:
(i) improving the clarity and quality of the water in Utah Lake;
(ii) not interfering with water rights or with water storage or water supply functions of
Utah Lake;
(iii) removing invasive plant and animal species, including phragmites and carp, from
Utah Lake;
(iv) improving littoral zone and other plant communities in and around Utah Lake;
(v) improving and conserving native fish and other aquatic species in Utah Lake;
(vi) cooperating in the June Sucker Recovery Implementation Program;
(vii) increasing the suitability of Utah Lake and Utah Lake's surrounding areas for
shore birds, waterfowl, and other avian species;
(viii) improving navigability of Utah Lake;
(ix) enhancing and ensuring recreational access to and opportunities on Utah Lake; and
(x) otherwise improving the use of Utah Lake for residents and visitors.
(4) A management plan may not interfere with or impair:
(a) a water right;
(b) a water project; or
(c) the management of Utah Lake necessary for the use or operation of a water facility
associated with Utah Lake.
(5) (a) Before adopting a management plan, the board shall:
(i) provide a copy of the proposed management plan to:
(A) the executive director of the Department of Natural Resources;
(B) the executive director of the Department of Environmental Quality;
(C) the state engineer; and
(D) each adjacent political subdivision; and
(ii) [
post
] 
provide
 a copy of the proposed management plan [
on the Utah Public Notice
Website created in Section 
63A-16-601
]
, for Utah County, as a class A notice under Section
63G-28-102
, for at least 30 days
.
(b) Comments or suggestions relating to the proposed management plan may be
submitted to the board within the deadline established under Subsection (5)(c).
(c) The board shall establish a deadline for submitting comments or suggestions to the
proposed management plan that is at least 30 days after the board provides a copy of the
proposed management plan under Subsection (5)(a)(i).
(d) Before adopting a management plan, the board shall consider comments and
suggestions that are submitted by the deadline established under Subsection (5)(c).
Section 81. Section 
11-65-402
 is amended to read:
11-65-402.
Public meetings to consider and discuss draft project area plan --
Notice -- Adoption of plan.
(1) The lake authority board shall hold at least two public meetings to:
(a) receive public comment on the draft project area plan; and
(b) consider and discuss the draft project area plan.
(2) At least 10 days before holding a public meeting under Subsection (1), the lake
authority board shall:
(a) [
(i) post
] 
provide
 notice of the public meeting [
on the Utah Public Notice Website
created in Section 
63A-16-601
; and(ii) maintain the posting on the Utah Public Notice
Website until the day of the public meeting;
]
, for Utah County, as a class A notice under
Section 63G-28-102, for at least 10 days;
(b) provide notice of the public meeting to a public entity that has entered into an
agreement with the lake authority for sharing property tax revenue; and
(c) provide email notice of the public meeting to each person who has submitted a
written request to the board to receive email notice of a public meeting under this section.
(3) Following consideration and discussion of the project area plan, the board may
adopt the draft project area plan as the project area plan.
Section 82. Section 
11-65-601
 is amended to read:
11-65-601.
Annual lake authority budget -- Fiscal year -- Public hearing required
-- Auditor forms -- Requirement to file annual budget.
(1) The board shall prepare and adopt for the lake authority an annual budget of
revenues and expenditures for each fiscal year.
(2) An annual lake authority budget shall be adopted before June 22, except that the
lake authority's initial budget shall be adopted as soon as reasonably practicable after the
organization of the board and the beginning of lake authority operations.
(3) The lake authority's fiscal year shall be the period from July 1 to the following June
30.
(4) (a) Before adopting an annual budget, the board shall hold a public hearing on the
annual budget.
(b) The lake authority shall provide notice of the public hearing on the annual budget
by publishing notice
,
 [
on the Utah Public Notice Website created in Section 
63A-16-601
] 
for
Utah County, as a class A notice under Section 
63G-28-102
, for at least one week immediately
before the 
date of the
 public hearing.
(c) The lake authority shall make the annual budget available for public inspection at
least three days before the date of the public hearing.
(5) The state auditor shall prescribe the budget forms and the categories to be contained
in each lake authority budget, including:
(a) revenues and expenditures for the budget year;
(b) legal fees; and
(c) administrative costs, including rent, supplies, and other materials, and salaries of
lake authority personnel.
(6) Within 30 days after adopting an annual budget, the board shall file a copy of the
annual budget with the auditor of each county in which lake authority land is located, the State
Tax Commission, and the state auditor.
Section 83. Section 
17-27a-203
 is amended to read:
17-27a-203.
Notice of intent to prepare a general plan or comprehensive general
plan amendments in certain counties.
(1) Before preparing a proposed general plan or a comprehensive general plan
amendment, each county of the first or second class shall provide 10 calendar days notice of the
county's intent to prepare a proposed general plan or a comprehensive general plan amendment:
(a) to each affected entity;
(b) to the Utah Geospatial Resource Center created in Section 
63A-16-505
;
(c) to the association of governments, established pursuant to an interlocal agreement
under Title 11, Chapter 13, Interlocal Cooperation Act, of which the county is a member; and
[
(d) on the Utah Public Notice Website created under Section 
63A-16-601
]
(d) for the county, as a class A notice under Section 
63G-28-102
, for at least 10 days
.
(2) Each notice under Subsection (1) shall:
(a) indicate that the county intends to prepare a general plan or a comprehensive
general plan amendment, as the case may be;
(b) describe or provide a map of the geographic area that will be affected by the general
plan or amendment;
(c) be sent by mail, e-mail, or other effective means;
(d) invite the affected entities to provide information for the county to consider in the
process of preparing, adopting, and implementing a general plan or amendment concerning:
(i) impacts that the use of land proposed in the proposed general plan or amendment
may have; and
(ii) uses of land within the county that the affected entity is considering that may
conflict with the proposed general plan or amendment; and
(e) include the address of an Internet website, if the county has one, and the name and
telephone number of an individual where more information can be obtained concerning the
county's proposed general plan or amendment.
Section 84. Section 
17-27a-204
 is amended to read:
17-27a-204.
Notice of public hearings and public meetings to consider general
plan or modifications.
(1) A county shall provide:
(a) notice of the date, time, and place of the first public hearing to consider the original
adoption or any modification of all or any portion of a general plan; and
(b) notice of each public meeting on the subject.
(2) Each notice of a public hearing under Subsection (1)(a) shall be at least 10 calendar
days before the public hearing and shall be:
(a) published [
on the Utah Public Notice Website created in Section 
63A-16-601
;
] 
for
the county, as a class A notice under Section 
63G-28-102
, for at least 10 days; and
(b) mailed to each affected entity[
; and
]
.
[
(c) posted:
]
[
(i) in at least three public locations within the county; or
]
[
(ii) on the county's official website.
]
(3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
before the meeting and shall be[
:
] 
published for the county, as a class A notice under Section
63G-28-102
, for at least 24 hours.
[
(a) published on the Utah Public Notice Website created in Section 
63A-16-601
; and
]
[
(b) posted:
]
[
(i) in at least three public locations within the county; or
]
[
(ii) on the county's official website.
]
Section 85. Section 
17-27a-205
 is amended to read:
17-27a-205.
Notice of public hearings and public meetings on adoption or
modification of land use regulation.
(1) Each county shall give:
(a) notice of the date, time, and place of the first public hearing to consider the
adoption or modification of a land use regulation; and
(b) notice of each public meeting on the subject.
(2) Each notice of a public hearing under Subsection (1)(a) shall be:
(a) mailed to each affected entity at least 10 calendar days before the public hearing;
and
[
(b) posted:
]
(b) published for the area affected by the land use ordinance changes, as a class B
notice under Section 
63G-28-102
, for at least 10 calendar days before the day of the public
hearing.
[
(i) in at least three public locations within the county; or
]
[
(ii) on the county's official website; and
]
[
(c) (i) posted on the Utah Public Notice Website created in Section 
63A-16-601
, at
least 10 calendar days before the public hearing; or
]
[
(ii) mailed at least 10 days before the public hearing to:
]
[
(A) each property owner whose land is directly affected by the land use ordinance
change; and
]
[
(B) each adjacent property owner within the parameters specified by county
ordinance.
]
(3) In addition to the notice requirements described in Subsections (1) and (2), for any
proposed modification to the text of a zoning code, the notice posted in accordance with
Subsection (2) shall:
(a) include a summary of the effect of the proposed modifications to the text of the
zoning code designed to be understood by a lay person; and
(b) be provided to any person upon written request.
(4) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
before the hearing and shall be [
posted:
] 
published for the county, as a class A notice under
Section 
63G-28-102
, for at least 24 hours.
[
(a) in at least three public locations within the county; or
]
[
(b) on the county's official website.
]
(5) (a) A county shall send a courtesy notice to each owner of private real property
whose property is located entirely or partially within the proposed zoning map enactment or
amendment at least 10 days before the scheduled day of the public hearing.
(b) The notice shall:
(i) identify with specificity each owner of record of real property that will be affected
by the proposed zoning map or map amendments;
(ii) state the current zone in which the real property is located;
(iii) state the proposed new zone for the real property;
(iv) provide information regarding or a reference to the proposed regulations,
prohibitions, and permitted uses that the property will be subject to if the zoning map or map
amendment is adopted;
(v) state that the owner of real property may no later than 10 days after the day of the
first public hearing file a written objection to the inclusion of the owner's property in the
proposed zoning map or map amendment;
(vi) state the address where the property owner should file the protest;
(vii) notify the property owner that each written objection filed with the county will be
provided to the county legislative body; and
(viii) state the location, date, and time of the public hearing described in Section
17-27a-502
.
(c) If a county mails notice to a property owner [
in accordance with
] 
under
 Subsection
[
(2)(c)(ii)
] 
(2)(b)
 for a public hearing on a zoning map or map amendment, the notice required
in this Subsection (5) may be included in or part of the notice described in Subsection
[
(2)(c)(ii)
] 
(2)(b)
 rather than sent separately.
Section 86. Section 
17-27a-208
 is amended to read:
17-27a-208.
Hearing and notice for petition to vacate a public street.
(1) For any petition to vacate some or all of a public street or county utility easement,
the legislative body shall:
(a) hold a public hearing; and
(b) give notice of the date, place, and time of the hearing, as provided in Subsection
(2).
(2) At least 10 days before the public hearing under Subsection (1)(a), the legislative
body shall ensure that the notice required under Subsection (1)(b) is:
[
(a) mailed to the record owner of
]
(a) published for the county, as a class A notice under Section 
63G-28-102
, for at least
days;
(b) provided to the owner of
 each parcel that is accessed by the public street or county
utility easement; 
and
[
(b)
] 
(c)
 mailed to each affected entity[
;
]
.
[
(c) posted on or near the public street or county utility easement in a manner that is
calculated to alert the public; and
]
[
(d) (i) published on the website of the county in which the land subject to the petition
is located until the public hearing concludes; and
]
[
(ii) published on the Utah Public Notice Website created in Section 
63A-16-601
.
]
Section 87. Section 
17-27a-306
 is amended to read:
17-27a-306.
Planning advisory areas -- Notice of hearings.
(1) (a) A planning advisory area may be established as provided in this Subsection (1).
(b) A planning advisory area may not be established unless the area to be included
within the proposed planning advisory area:
(i) is unincorporated;
(ii) is contiguous; and
(iii) (A) contains:
(I) at least 20% but not more than 80% of:
(Aa) the total private land area in the unincorporated county; or
(Bb) the total value of locally assessed taxable property in the unincorporated county;
or
(II) (Aa) in a county of the second or third class, at least 5% of the total population of
the unincorporated county, but not less than 300 residents; or
(Bb) in a county of the fourth, fifth, or sixth class, at least 25% of the total population
of the unincorporated county; or
(B) has been declared by the United States Census Bureau as a census designated
place.
(c) (i) The process to establish a planning advisory area is initiated by the filing of a
petition with the clerk of the county in which the proposed planning advisory area is located.
(ii) A petition to establish a planning advisory area may not be filed if it proposes the
establishment of a planning advisory area that includes an area within a proposed planning
advisory area in a petition that has previously been certified under Subsection (1)(g), until after
the canvass of an election on the proposed planning advisory area under Subsection (1)(j).
(d) A petition under Subsection (1)(c) to establish a planning advisory area shall:
(i) be signed by the owners of private real property that:
(A) is located within the proposed planning advisory area;
(B) covers at least 10% of the total private land area within the proposed planning
advisory area; and
(C) is equal in value to at least 10% of the value of all private real property within the
proposed planning advisory area;
(ii) be accompanied by an accurate plat or map showing the boundary of the contiguous
area proposed to be established as a planning advisory area;
(iii) indicate the typed or printed name and current residence address of each owner
signing the petition;
(iv) designate up to five signers of the petition as petition sponsors, one of whom shall
be designated as the contact sponsor, with the mailing address and telephone number of each
petition sponsor;
(v) authorize the petition sponsor or sponsors to act on behalf of all owners signing the
petition for purposes of the petition; and
(vi) request the county legislative body to provide notice of the petition and of a public
hearing, hold a public hearing, and conduct an election on the proposal to establish a planning
advisory area.
(e) Subsection 
10-2a-102
(3) applies to a petition to establish a planning advisory area
to the same extent as if it were an incorporation petition under Title 10, Chapter 2a, Municipal
Incorporation.
(f) (i) Within seven days after the filing of a petition under Subsection (1)(c) proposing
the establishment of a planning advisory area in a county of the second class, the county clerk
shall provide notice of the filing of the petition to:
(A) each owner of real property owning more than 1% of the assessed value of all real
property within the proposed planning advisory area; and
(B) each owner of real property owning more than 850 acres of real property within the
proposed planning advisory area.
(ii) A property owner may exclude all or part of the property owner's property from a
proposed planning advisory area in a county of the second class:
(A) if:
(I) (Aa) (Ii) the property owner owns more than 1% of the assessed value of all
property within the proposed planning advisory area;
(IIii) the property is nonurban; and
(IIIiii) the property does not or will not require municipal provision of municipal-type
services; or
(Bb) the property owner owns more than 850 acres of real property within the proposed
planning advisory area; and
(II) exclusion of the property will not leave within the planning advisory area an island
of property that is not part of the planning advisory area; and
(B) by filing a notice of exclusion within 10 days after receiving the clerk's notice
under Subsection (1)(f)(i).
(iii) (A) The county legislative body shall exclude from the proposed planning advisory
area the property identified in a notice of exclusion timely filed under Subsection (1)(f)(ii)(B) if
the property meets the applicable requirements of Subsection (1)(f)(ii)(A).
(B) If the county legislative body excludes property from a proposed planning advisory
area under Subsection (1)(f)(iii), the county legislative body shall, within five days after the
exclusion, send written notice of its action to the contact sponsor.
(g) (i) Within 45 days after the filing of a petition under Subsection (1)(c), the county
clerk shall:
(A) with the assistance of other county officers from whom the clerk requests
assistance, determine whether the petition complies with the requirements of Subsection (1)(d);
and
(B) (I) if the clerk determines that the petition complies with the requirements of
Subsection (1)(d):
(Aa) certify the petition and deliver the certified petition to the county legislative body;
and
(Bb) mail or deliver written notification of the certification to the contact sponsor; or
(II) if the clerk determines that the petition fails to comply with any of the requirements
of Subsection (1)(d), reject the petition and notify the contact sponsor in writing of the
rejection and the reasons for the rejection.
(ii) If the county clerk rejects a petition under Subsection (1)(g)(i)(B)(II), the petition
may be amended to correct the deficiencies for which it was rejected and then refiled with the
county clerk.
(h) (i) Within 90 days after a petition to establish a planning advisory area is certified,
the county legislative body shall hold a public hearing on the proposal to establish a planning
advisory area.
(ii) A public hearing under Subsection (1)(h)(i) shall be:
(A) within the boundary of the proposed planning advisory area; or
(B) if holding a public hearing in that area is not practicable, as close to that area as
practicable.
(iii) At least one week before holding a public hearing under Subsection (1)(h)(i), the
county legislative body shall publish notice of the petition and the time, date, and place of the
public hearing [
on the Utah Public Notice Website created in Section 
63A-16-601
] 
for the
county, as a class A notice under Section 
63G-28-102
, for at least one week
.
(i) Following the public hearing under Subsection (1)(h)(i), the county legislative body
shall arrange for the proposal to establish a planning advisory area to be submitted to voters
residing within the proposed planning advisory area at the next regular general election that is
more than 90 days after the public hearing.
(j) A planning advisory area is established at the time of the canvass of the results of an
election under Subsection (1)(i) if the canvass indicates that a majority of voters voting on the
proposal to establish a planning advisory area voted in favor of the proposal.
(k) An area that is an established township before May 12, 2015:
(i) is, as of May 12, 2015, a planning advisory area; and
(ii) (A) shall change its name, if applicable, to no longer include the word "township";
and
(B) may use the word "planning advisory area" in its name.
(2) The county legislative body may:
(a) assign to the countywide planning commission the duties established in this part
that would have been assumed by a planning advisory area planning commission designated
under Subsection (2)(b); or
(b) designate and appoint a planning commission for the planning advisory area.
(3) (a) An area within the boundary of a planning advisory area may be withdrawn
from the planning advisory area as provided in this Subsection (3) or in accordance with
Subsection (5)(a).
(b) The process to withdraw an area from a planning advisory area is initiated by the
filing of a petition with the clerk of the county in which the planning advisory area is located.
(c) A petition under Subsection (3)(b) shall:
(i) be signed by the owners of private real property that:
(A) is located within the area proposed to be withdrawn from the planning advisory
area;
(B) covers at least 50% of the total private land area within the area proposed to be
withdrawn from the planning advisory area; and
(C) is equal in value to at least 33% of the value of all private real property within the
area proposed to be withdrawn from the planning advisory area;
(ii) state the reason or reasons for the proposed withdrawal;
(iii) be accompanied by an accurate plat or map showing the boundary of the
contiguous area proposed to be withdrawn from the planning advisory area;
(iv) indicate the typed or printed name and current residence address of each owner
signing the petition;
(v) designate up to five signers of the petition as petition sponsors, one of whom shall
be designated as the contact sponsor, with the mailing address and telephone number of each
petition sponsor;
(vi) authorize the petition sponsor or sponsors to act on behalf of all owners signing the
petition for purposes of the petition; and
(vii) request the county legislative body to withdraw the area from the planning
advisory area.
(d) Subsection 
10-2a-102
(3) applies to a petition to withdraw an area from a planning
advisory area to the same extent as if it were an incorporation petition under Title 10, Chapter
2a, Municipal Incorporation.
(e) (i) Within 45 days after the filing of a petition under Subsection (3)(b), the county
clerk shall:
(A) with the assistance of other county officers from whom the clerk requests
assistance, determine whether the petition complies with the requirements of Subsection (3)(c);
and
(B) (I) if the clerk determines that the petition complies with the requirements of
Subsection (3)(c):
(Aa) certify the petition and deliver the certified petition to the county legislative body;
and
(Bb) mail or deliver written notification of the certification to the contact sponsor; or
(II) if the clerk determines that the petition fails to comply with any of the requirements
of Subsection (3)(c), reject the petition and notify the contact sponsor in writing of the rejection
and the reasons for the rejection.
(ii) If the county clerk rejects a petition under Subsection (3)(e)(i)(B)(II), the petition
may be amended to correct the deficiencies for which it was rejected and then refiled with the
county clerk.
(f) (i) Within 60 days after a petition to withdraw an area from a planning advisory area
is certified, the county legislative body shall hold a public hearing on the proposal to withdraw
the area from the planning advisory area.
(ii) A public hearing under Subsection (3)(f)(i) shall be held:
(A) within the area proposed to be withdrawn from the planning advisory area; or
(B) if holding a public hearing in that area is not practicable, as close to that area as
practicable.
(iii) Before holding a public hearing under Subsection (3)(f)(i), the county legislative
body shall[
:(A)
] publish notice of the petition and the time, date, and place of the public
hearing [
on the Utah Public Notice Website created in Section 
63A-16-601
, for three
consecutive weeks; and
] 
for the area proposed to be withdrawn, as a class B notice under
Section 
63G-28-102
, for at least three weeks before the date of the hearing.
[
(B) mail a notice of the petition and the time, date, and place of the public hearing to
each owner of private real property within the area proposed to be withdrawn.
]
(g) (i) Within 45 days after the public hearing under Subsection (3)(f)(i), the county
legislative body shall make a written decision on the proposal to withdraw the area from the
planning advisory area.
(ii) In making its decision as to whether to withdraw the area from the planning
advisory area, the county legislative body shall consider:
(A) whether the withdrawal would leave the remaining planning advisory area in a
situation where the future incorporation of an area within the planning advisory area or the
annexation of an area within the planning advisory area to an adjoining municipality would be
economically or practically not feasible;
(B) if the withdrawal is a precursor to the incorporation or annexation of the withdrawn
area:
(I) whether the proposed subsequent incorporation or withdrawal:
(Aa) will leave or create an unincorporated island or peninsula; or
(Bb) will leave the county with an area within its unincorporated area for which the
cost, requirements, or other burdens of providing municipal services would materially increase
over previous years; and
(II) whether the municipality to be created or the municipality into which the
withdrawn area is expected to annex would be or is capable, in a cost effective manner, of
providing service to the withdrawn area that the county will no longer provide due to the
incorporation or annexation;
(C) the effects of a withdrawal on adjoining property owners, existing or projected
county streets or other public improvements, law enforcement, and zoning and other municipal
services provided by the county; and
(D) whether justice and equity favor the withdrawal.
(h) Upon the written decision of the county legislative body approving the withdrawal
of an area from a planning advisory area, the area is withdrawn from the planning advisory area
and the planning advisory area continues as a planning advisory area with a boundary that
excludes the withdrawn area.
(4) (a) A planning advisory area may be dissolved as provided in this Subsection (4).
(b) The process to dissolve a planning advisory area is initiated by the filing of a
petition with the clerk of the county in which the planning advisory area is located.
(c) A petition under Subsection (4)(b) shall:
(i) be signed by registered voters within the planning advisory area equal in number to
at least 25% of all votes cast by voters within the planning advisory area at the last
congressional election;
(ii) state the reason or reasons for the proposed dissolution;
(iii) indicate the typed or printed name and current residence address of each person
signing the petition;
(iv) designate up to five signers of the petition as petition sponsors, one of whom shall
be designated as the contact sponsor, with the mailing address and telephone number of each
petition sponsor;
(v) authorize the petition sponsors to act on behalf of all persons signing the petition
for purposes of the petition; and
(vi) request the county legislative body to provide notice of the petition and of a public
hearing, hold a public hearing, and conduct an election on the proposal to dissolve the planning
advisory area.
(d) (i) Within 45 days after the filing of a petition under Subsection (4)(b), the county
clerk shall:
(A) with the assistance of other county officers from whom the clerk requests
assistance, determine whether the petition complies with the requirements of Subsection (4)(c);
and
(B) (I) if the clerk determines that the petition complies with the requirements of
Subsection (4)(c):
(Aa) certify the petition and deliver the certified petition to the county legislative body;
and
(Bb) mail or deliver written notification of the certification to the contact sponsor; or
(II) if the clerk determines that the petition fails to comply with any of the requirements
of Subsection (4)(c), reject the petition and notify the contact sponsor in writing of the rejection
and the reasons for the rejection.
(ii) If the county clerk rejects a petition under Subsection (4)(d)(i)(B)(II), the petition
may be amended to correct the deficiencies for which it was rejected and then refiled with the
county clerk.
(e) (i) Within 60 days after a petition to dissolve the planning advisory area is certified,
the county legislative body shall hold a public hearing on the proposal to dissolve the planning
advisory area.
(ii) A public hearing under Subsection (4)(e)(i) shall be held:
(A) within the boundary of the planning advisory area; or
(B) if holding a public hearing in that area is not practicable, as close to that area as
practicable.
(iii) Before holding a public hearing under Subsection (4)(e)(i), the county legislative
body shall publish notice of the petition and the time, date, and place of the public hearing [
on
the Utah Public Notice Website created in Section 
63A-16-601
,
] 
for the county, as a class A
notice under Section 
63G-28-102
,
 for three consecutive weeks immediately before the public
hearing.
(f) Following the public hearing under Subsection (4)(e)(i), the county legislative body
shall arrange for the proposal to dissolve the planning advisory area to be submitted to voters
residing within the planning advisory area at the next regular general election that is more than
90 days after the public hearing.
(g) A planning advisory area is dissolved at the time of the canvass of the results of an
election under Subsection (4)(f) if the canvass indicates that a majority of voters voting on the
proposal to dissolve the planning advisory area voted in favor of the proposal.
(5) (a) If a portion of an area located within a planning advisory area is annexed by a
municipality or incorporates, that portion is withdrawn from the planning advisory area.
(b) If a planning advisory area in whole is annexed by a municipality or incorporates,
the planning advisory area is dissolved.
Section 88. Section 
17-27a-404
 is amended to read:
17-27a-404.
Public hearing by planning commission on proposed general plan or
amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
by legislative body.
(1) (a) After completing the planning commission's recommendation for a proposed
general plan, or proposal to amend the general plan, the planning commission shall schedule
and hold a public hearing on the proposed plan or amendment.
(b) The planning commission shall provide notice of the public hearing[
, as required by
Section 
17-27a-204
.
] 
for the county, as a class A notice under Section 
63G-28-102
, for at least
calendar days before the day of the public hearing.
(c) After the public hearing, the planning commission may modify the proposed
general plan or amendment.
(2) The planning commission shall forward the proposed general plan or amendment to
the legislative body.
(3) (a) As provided by local ordinance and by Section 
17-27a-204
, the legislative body
shall provide notice of the legislative body's intent to consider the general plan proposal.
(b) (i) In addition to the requirements of Subsections (1), (2), and (3)(a), the legislative
body shall hold a public hearing in Salt Lake City on provisions of the proposed county plan
regarding Subsection 
17-27a-401
(4). The hearing procedure shall comply with this Subsection
(3)(b).
(ii) The hearing format shall allow adequate time for public comment at the actual
public hearing, and shall also allow for public comment in writing to be submitted to the
legislative body for not fewer than 90 days after the date of the public hearing.
(c) (i) The legislative body shall give notice of the hearing in accordance with this
Subsection (3) when the proposed plan provisions required by Subsection 
17-27a-401
(4) are
complete.
(ii) Direct notice of the hearing shall be given, in writing, to the governor, members of
the state Legislature, executive director of the Department of Environmental Quality, the state
planning coordinator, the Resource Development Coordinating Committee, and any other
citizens or entities who specifically request notice in writing.
(iii) Public notice shall be given [
by publication on the Utah Public Notice Website
created in Section 
63A-16-601
] 
for the county, as a class A notice under Section 
63G-28-102
,
for at least 180 days
.
(iv) The notice shall be published to allow reasonable time for interested parties and
the state to evaluate the information regarding Subsection 
17-27a-401
(4), including publication
described in Subsection (3)(c)(iii) for 180 days before the date of the hearing to be held under
this Subsection (3).
(4) (a) After the public hearing required under this section, the legislative body may
adopt, reject, or make any revisions to the proposed general plan that the legislative body
considers appropriate.
(b) The legislative body shall respond in writing and in a substantive manner to all
those providing comments as a result of the hearing required by Subsection (3).
(c) If the county legislative body rejects the proposed general plan or amendment, the
legislative body may provide suggestions to the planning commission for the planning
commission's review and recommendation.
(5) The legislative body shall adopt:
(a) a land use element as provided in Subsection 
17-27a-403
(2)(a)(i);
(b) a transportation and traffic circulation element as provided in Subsection
17-27a-403
(2)(a)(ii);
(c) for a specified county as defined in Section 
17-27a-408
, a moderate income housing
element as provided in Subsection 
17-27a-403
(2)(a)(iii);
(d) a resource management plan as provided by Subsection 
17-27a-403
(2)(a)(iv); and
(e) on or before December 31, 2025, a water use and preservation element as provided
in Subsection 
17-27a-403
(2)(a)(v).
Section 89. Section 
17-36-12
 is amended to read:
17-36-12.
Notice of budget hearing.
(1) The governing body shall determine the time and place for the public hearing on the
adoption of the budget.
(2) Notice of such hearing shall be published[
:
] 
for the county, as a class A notice
under Section 
63G-28-102
, for at least seven days before the day of the hearing.
[
(a) (i) at least seven days before the hearing in at least one newspaper of general
circulation within the county, if there is such a paper; or
]
[
(ii) if there is no newspaper as described in Subsection (2)(a)(i), by posting notice in
three conspicuous places within the county seven days before the hearing;
]
[
(b) on the Utah Public Notice Website created in Section 
63A-16-601
, for seven days
before the hearing; and
]
[
(c) on the home page of the county's website, either in full or as a link, if the county
has a publicly viewable website, beginning at least seven days before the hearing and until the
hearing takes place.
]
Section 90. Section 
17-36-26
 is amended to read:
17-36-26.
Increase in budgetary fund or county general fund -- Public hearing --
Notice.
(1) Before the governing body may, by resolution, increase a budget appropriation of
any budgetary fund, increase the budget of the county general fund, or make an amendment to a
budgetary fund or the county general fund, the governing body shall hold a public hearing
giving all interested parties an opportunity to be heard.
(2) Notice of the public hearing described in Subsection (1) shall be published 
for the
county, as a class A notice under Section 
63G-28-102
, for
 at least five days before the day of
the hearing[
:
]
.
[
(a) (i) in at least one issue of a newspaper generally circulated in the county; or
]
[
(ii) if there is not a newspaper generally circulated in the county, the hearing may be
published by posting notice in three conspicuous places within the county;
]
[
(b) on the Utah Public Notice Website created under Section 
63A-16-601
; and
]
[
(c) on the home page of the county's website, either in full or as a link, if the county
has a publicly viewable website, until the hearing takes place.
]
Section 91. Section 
17-41-302
 is amended to read:
17-41-302.
Notice of proposal for creation of protection area -- Responses.
(1) 
(a)
 An applicable legislative body shall provide notice of the proposal [
by:
]
, as a
class B notice under Section 
63G-28-102
, for at least 15 days.
(b) A legislative body shall provide the notice described in Subsection (1)(a) for the
geographic boundaries of the proposed agriculture protection area, industrial protection area, or
critical infrastructure materials protection area, and the area that extends 1,000 feet beyond the
geographic boundaries of the proposed agriculture protection area, industrial protection area, or
critical infrastructure materials protection area.
[
(a) posting notice on the Utah Public Notice Website created in Section 
63A-16-601
;
]
[
(b) posting notice at five public places, designated by the county or municipal
legislative body, within or near the proposed agriculture protection area, industrial protection
area, or critical infrastructure materials protection area; and
]
[
(c) mailing written notice to each owner of land within 1,000 feet of the land proposed
for inclusion within an agriculture protection area, industrial protection area, or critical
infrastructure materials protection area.
]
(2) The notice shall contain:
(a) a statement that a proposal for the creation of an agriculture protection area,
industrial protection area, or critical infrastructure materials protection area has been filed with
the applicable legislative body;
(b) a statement that the proposal will be open to public inspection in the office of the
applicable legislative body;
(c) a statement that any person affected by the establishment of the area may, within 15
days of the date of the notice, file with the applicable legislative body:
(i) written objections to the proposal; or
(ii) a written request to modify the proposal to exclude land from or add land to the
proposed protection area;
(d) a statement that the applicable legislative body will submit the proposal to the
advisory committee and to the planning commission for review and recommendations;
(e) a statement that the applicable legislative body will hold a public hearing to discuss
and hear public comment on:
(i) the proposal to create the agriculture protection area, industrial protection area, or
critical infrastructure materials protection area;
(ii) the recommendations of the advisory committee and planning commission; and
(iii) any requests for modification of the proposal and any objections to the proposal;
and
(f) a statement indicating the date, time, and place of the public hearing.
(3) (a) A person wishing to modify the proposal for the creation of the agriculture
protection area, industrial protection area, or critical infrastructure materials protection area
shall, within 15 days after the date of the notice, file a written request for modification of the
proposal, which identifies specifically the land that should be added to or removed from the
proposal.
(b) A person wishing to object to the proposal for the creation of the agriculture
protection area, industrial protection area, or critical infrastructure materials protection area
shall, within 15 days after the date of the notice, file a written objection to the creation of the
relevant protection area.
Section 92. Section 
17-41-304
 is amended to read:
17-41-304.
Public hearing -- Notice -- Review and action on proposal.
(1) After receipt of the written reports from the advisory committee and planning
commission, or after the 45 days have expired, whichever is earlier, the county or municipal
legislative body shall:
(a) schedule a public hearing;
(b) provide notice of the public hearing [
by:
] 
for the geographic area described in
Subsection 
17-41-302
(1)(b), as a class B notice under Section 
63G-28-102
, for at least seven
days; and
[
(i) posting notice on the Utah Public Notice Website created in Section 
63A-16-601
;
]
[
(ii) posting notice at five public places, designated by the applicable legislative body,
within or near the proposed agriculture protection area, industrial protection area, or critical
infrastructure materials protection area; and
]
[
(iii) mailing written notice to each owner of land within 1,000 feet of the land
proposed for inclusion within an agriculture protection area, industrial protection area, or
critical infrastructure materials protection area; and
]
(c) ensure that the notice includes:
(i) the time, date, and place of the public hearing on the proposal;
(ii) a description of the proposed agriculture protection area, industrial protection area,
or critical infrastructure materials protection area;
(iii) any proposed modifications to the proposed agriculture protection area, industrial
protection area, or critical infrastructure materials protection area;
(iv) a summary of the recommendations of the advisory committee and planning
commission; and
(v) a statement that interested persons may appear at the public hearing and speak in
favor of or against the proposal, any proposed modifications to the proposal, or the
recommendations of the advisory committee and planning commission.
(2) The applicable legislative body shall:
(a) convene the public hearing at the time, date, and place specified in the notice; and
(b) take oral or written testimony from interested persons.
(3) (a) Within 120 days of the submission of the proposal, the applicable legislative
body shall approve, modify and approve, or reject the proposal.
(b) The creation of an agriculture protection area, industrial protection area, or critical
infrastructure materials protection area is effective at the earlier of:
(i) the applicable legislative body's approval of a proposal or modified proposal; or
(ii) 120 days after submission of a proposal complying with Subsection 
17-41-301
(2) if
the applicable legislative body has failed to approve or reject the proposal within that time.
(c) Notwithstanding Subsection (3)(b), a critical infrastructure materials protection area
is effective only if the applicable legislative body, at its discretion, approves a proposal or
modified proposal.
(4) (a) To give constructive notice of the existence of the agriculture protection area,
industrial protection area, or critical infrastructure materials protection area to all persons who
have, may acquire, or may seek to acquire an interest in land in or adjacent to the relevant
protection area within 10 days of the creation of the relevant protection area, the applicable
legislative body shall file an executed document containing a legal description of the relevant
protection area with:
(i) the county recorder of deeds; and
(ii) the affected planning commission.
(b) If the legal description of the property to be included in the relevant protection area
is available through the county recorder's office, the applicable legislative body shall use that
legal description in its executed document required in Subsection (4)(a).
(5) Within 10 days of the recording of the agriculture protection area, the applicable
legislative body shall:
(a) send written notification to the commissioner of agriculture and food that the
agriculture protection area has been created; and
(b) include in the notification:
(i) the number of landowners owning land within the agriculture protection area;
(ii) the total acreage of the area;
(iii) the date of approval of the area; and
(iv) the date of recording.
(6) The applicable legislative body's failure to record the notice required under
Subsection (4) or to send the written notification under Subsection (5) does not invalidate the
creation of an agriculture protection area.
(7) The applicable legislative body may consider the cost of recording notice under
Subsection (4) and the cost of sending notification under Subsection (5) in establishing a fee
under Subsection 
17-41-301
(4)(b).
Section 93. Section 
17-41-405
 is amended to read:
17-41-405.
Eminent domain restrictions -- Notice of hearing.
(1) A political subdivision having or exercising eminent domain powers may not
condemn for any purpose any land within an agriculture protection area that is being used for
agricultural production, land within an industrial protection area that is being put to an
industrial use, or land within a critical infrastructure materials protection area, unless the
political subdivision obtains approval, according to the procedures and requirements of this
section, from the applicable legislative body and the advisory board.
(2) Any condemnor wishing to condemn property within an agriculture protection area,
industrial protection area, or critical infrastructure materials protection area shall file a notice
of condemnation with the applicable legislative body and the relevant protection area's advisory
board at least 30 days before filing an eminent domain complaint.
(3) The applicable legislative body and the advisory board shall:
(a) hold a joint public hearing on the proposed condemnation at a location within the
county in which the relevant protection area is located; and
(b) [
post
] 
publish
 notice of the time, date, place, and purpose of the public hearing[
:
]
for the relevant protection area, as a class A notice under Section 
63G-28-102
, for at least
seven days.
[
(i) on the Utah Public Notice Website created in Section 
63A-16-601
; and
]
[
(ii) in five conspicuous public places, designated by the applicable legislative body,
within or near the relevant protection area.
]
(4) (a) If the condemnation is for highway purposes or for the disposal of solid or
liquid waste materials, the applicable legislative body and the advisory board may approve the
condemnation only if there is no reasonable and prudent alternative to the use of the land
within the agriculture protection area, industrial protection area, or critical infrastructure
materials protection area for the project.
(b) If the condemnation is for any other purpose, the applicable legislative body and the
advisory board may approve the condemnation only if:
(i) the proposed condemnation would not have an unreasonably adverse effect upon the
preservation and enhancement of:
(A) agriculture within the agriculture protection area;
(B) the industrial use within the industrial protection area; or
(C) critical infrastructure materials operations within the critical infrastructure
materials protection area; or
(ii) there is no reasonable and prudent alternative to the use of the land within the
relevant protection area for the project.
(5) (a) Within 60 days after receipt of the notice of condemnation, the applicable
legislative body and the advisory board shall approve or reject the proposed condemnation.
(b) If the applicable legislative body and the advisory board fail to act within the 60
days or such further time as the applicable legislative body establishes, the condemnation shall
be considered rejected.
(6) The applicable legislative body or the advisory board may request the county or
municipal attorney to bring an action to enjoin any condemnor from violating any provisions of
this section.
Section 94. Section 
17-50-303
 is amended to read:
17-50-303.
County may not give or lend credit -- County may borrow in
anticipation of revenues -- Assistance to nonprofit and private entities -- Notice
requirements.
(1) A county may not give or lend its credit to or in aid of any person or corporation,
or, except as provided in Subsection (3), appropriate money in aid of any private enterprise.
(2) (a) A county may borrow money in anticipation of the collection of taxes and other
county revenues in the manner and subject to the conditions of Title 11, Chapter 14, Local
Government Bonding Act.
(b) A county may incur indebtedness under Subsection (2)(a) for any purpose for which
funds of the county may be expended.
(3) (a) A county may appropriate money to or provide nonmonetary assistance to a
nonprofit entity, or waive fees required to be paid by a nonprofit entity, if, in the judgment of
the county legislative body, the assistance contributes to the safety, health, prosperity, moral
well-being, peace, order, comfort, or convenience of county residents.
(b) A county may appropriate money to a nonprofit entity from the county's own funds
or from funds the county receives from the state or any other source.
(4) (a) As used in this Subsection (4):
(i) "Private enterprise" means a person that engages in an activity for profit.
(ii) "Project" means an activity engaged in by a private enterprise.
(b) A county may appropriate money in aid of a private enterprise project if:
(i) subject to Subsection (4)(c), the county receives value in return for the money
appropriated; and
(ii) in the judgment of the county legislative body, the private enterprise project
provides for the safety, health, prosperity, moral well-being, peace, order, comfort, or
convenience of the county residents.
(c) The county shall measure the net value received by the county for money
appropriated by the county to a private entity on a project-by-project basis over the life of the
project.
(d) (i) Before a county legislative body may appropriate funds in aid of a private
enterprise project under this Subsection (4), the county legislative body shall:
(A) adopt by ordinance criteria to determine what value, if any, the county will receive
in return for money appropriated under this Subsection (4);
(B) conduct a study as described in Subsection (4)(e) on the proposed appropriation
and private enterprise project; and
(C) post notice, subject to Subsection (4)(f), and hold a public hearing on the proposed
appropriation and the private enterprise project.
(ii) The county legislative body may consider an intangible benefit as a value received
by the county.
(e) (i) Before publishing or posting notice in accordance with Subsection (4)(f), the
county shall study:
(A) any value the county will receive in return for money or resources appropriated to a
private entity;
(B) the county's purpose for the appropriation, including an analysis of the way the
appropriation will be used to enhance the safety, health, prosperity, moral well-being, peace,
order, comfort, or convenience of the county residents; and
(C) whether the appropriation is necessary and appropriate to accomplish the
reasonable goals and objectives of the county in the area of economic development, job
creation, affordable housing, elimination of a development impediment, as defined in Section
17C-1-102
, job preservation, the preservation of historic structures, analyzing and improving
county government structure or property, or any other public purpose.
(ii) The county shall:
(A) prepare a written report of the results of the study; and
(B) make the report available to the public at least 14 days immediately prior to the
scheduled day of the public hearing described in Subsection (4)(d)(i)(C).
(f) The county shall publish notice of the public hearing required in Subsection
(4)(d)(i)(C)[
:
] 
for the county, as a class A notice under Section 
63G-28-102
, for at least 14 days
before the day of the public hearing.
[
(i) in a newspaper of general circulation at least 14 days before the date of the hearing
or, if there is no newspaper of general circulation, by posting notice in at least three
conspicuous places within the county for the same time period; and
]
[
(ii) on the Utah Public Notice Website created in Section 
63A-16-601
, at least 14 days
before the date of the hearing.
]
(g) (i) A person may appeal the decision of the county legislative body to appropriate
funds under this Subsection (4).
(ii) A person shall file an appeal with the district court within 30 days after the day on
which the legislative body adopts an ordinance or approves a budget to appropriate the funds.
(iii) A court shall:
(A) presume that an ordinance adopted or appropriation made under this Subsection (4)
is valid; and
(B) determine only whether the ordinance or appropriation is arbitrary, capricious, or
illegal.
(iv) A determination of illegality requires a determination that the decision or
ordinance violates a law, statute, or ordinance in effect at the time the decision was made or the
ordinance was adopted.
(v) The district court's review is limited to:
(A) a review of the criteria adopted by the county legislative body under Subsection
(4)(d)(i)(A);
(B) the record created by the county legislative body at the public hearing described in
Subsection (4)(d)(i)(C); and
(C) the record created by the county in preparation of the study and the study itself as
described in Subsection (4)(e).
(vi) If there is no record, the court may call witnesses and take evidence.
(h) This section applies only to an appropriation not otherwise approved in accordance
with Title 17, Chapter 36, Uniform Fiscal Procedures Act for Counties.
Section 95. Section 
17B-1-106
 is amended to read:
17B-1-106.
Notice before preparing or amending a long-range plan or acquiring
certain property.
(1) As used in this section:
(a) (i) "Affected entity" means each county, municipality, local district under this title,
special service district, school district, interlocal cooperation entity established under Title 11,
Chapter 13, Interlocal Cooperation Act, and specified public utility:
(A) whose services or facilities are likely to require expansion or significant
modification because of an intended use of land; or
(B) that has filed with the local district a copy of the general or long-range plan of the
county, municipality, local district, school district, interlocal cooperation entity, or specified
public utility.
(ii) "Affected entity" does not include the local district that is required under this
section to provide notice.
(b) "Specified public utility" means an electrical corporation, gas corporation, or
telephone corporation, as those terms are defined in Section 
54-2-1
.
(2) (a) If a local district under this title located in a county of the first or second class
prepares a long-range plan regarding the local district's facilities proposed for the future or
amends an already existing long-range plan, the local district shall, before preparing a
long-range plan or amendments to an existing long-range plan, provide written notice, as
provided in this section, of the local district's intent to prepare a long-range plan or to amend an
existing long-range plan.
(b) Each notice under Subsection (2)(a) shall:
(i) indicate that the local district intends to prepare a long-range plan or to amend a
long-range plan, as the case may be;
(ii) describe or provide a map of the geographic area that will be affected by the
long-range plan or amendments to a long-range plan;
(iii) be:
(A) sent to each county in whose unincorporated area and each municipality in whose
boundaries is located the land on which the proposed long-range plan or amendments to a
long-range plan are expected to indicate that the proposed facilities will be located;
(B) sent to each affected entity;
(C) sent to the 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) published for the local district, as a class A notice under Section 
63G-28-102
, for at
least 14 days;
[
(E) (I) placed on the Utah Public Notice Website created under Section 
63A-16-601
, if
the local district:
]
[
(Aa) is required under Subsection 
52-4-203
(3) to use that website to provide public
notice of a meeting; or
]
[
(Bb) voluntarily chooses to place notice on that website despite not being required to
do so under Subsection (2)(b)(iii)(E)(I)(Aa); or
]
[
(II) the state planning coordinator appointed under Section 
63J-4-401
, if the local
district does not provide notice on the Utah Public Notice Website under Subsection
(2)(b)(iii)(E)(I);
]
(iv) with respect to the notice to counties and municipalities described in Subsection
(2)(b)(iii)(A) and affected entities, invite them to provide information for the local district to
consider in the process of preparing, adopting, and implementing the long-range plan or
amendments to a long-range plan concerning:
(A) impacts that the use of land proposed in the proposed long-range plan or
amendments to a long-range plan may have on the county, municipality, or affected entity; and
(B) uses of land that the county, municipality, or affected entity is planning or
considering that may conflict with the proposed long-range plan or amendments to a long-range
plan; and
(v) include the address of an Internet website, if the local district has one, and the name
and telephone number of an individual where more information can be obtained concerning the
local district's proposed long-range plan or amendments to a long-range plan.
(3) (a) Except as provided in Subsection (3)(d), each local district intending to acquire
real property in a county of the first or second class for the purpose of expanding the local
district's infrastructure or other facilities used for providing the services that the local district is
authorized to provide shall provide written notice, as provided in this Subsection (3), of the
local district's intent to acquire the property if the intended use of the property is contrary to:
(i) the anticipated use of the property under the county or municipality's general plan;
or
(ii) the property's current zoning designation.
(b) Each notice under Subsection (3)(a) shall:
(i) indicate that the local district intends to acquire real property;
(ii) identify the real property; and
(iii) be sent to:
(A) each county in whose unincorporated area and each municipality in whose
boundaries the property is located; and
(B) each affected entity.
(c) A notice under this Subsection (3) is a protected record as provided in Subsection
63G-2-305
(8).
(d) (i) The notice requirement of Subsection (3)(a) does not apply if the local district
previously provided notice under Subsection (2) identifying the general location within the
municipality or unincorporated part of the county where the property to be acquired is located.
(ii) If a local district is not required to comply with the notice requirement of
Subsection (3)(a) because of application of Subsection (3)(d)(i), the local district shall provide
the notice specified in Subsection (3)(a) as soon as practicable after the local district's
acquisition of the real property.
Section 96. Section 
17B-1-111
 is amended to read:
17B-1-111.
Impact fee resolution -- Notice and hearing requirements.
(1) (a) If a local district wishes to impose impact fees, the board of trustees of the local
district shall:
(i) prepare a proposed impact fee resolution that meets the requirements of Title 11,
Chapter 36a, Impact Fees Act;
(ii) make a copy of the impact fee resolution available to the public at least [
] 
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 
for the local district, as a class A
notice under Section 
63G-28-102
, for
 at least [
] 
 days before the date of the hearing.
(b) After the public hearing, the board of trustees may:
(i) adopt the impact fee resolution as proposed;
(ii) amend the impact fee resolution and adopt or reject it as amended; or
(iii) reject the resolution.
[
(2) A local district meets the requirements of reasonable notice required by this
section if it:
]
[
(a) posts notice of the hearing or meeting in at least three public places within the
jurisdiction; or
]
[
(b) gives actual notice of the hearing or meeting.
]
[
(3)
] 
(2)
 The local district's board of trustees may enact a resolution establishing
stricter notice requirements than those required by this section.
[
(4)
] 
(3)
 (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 97. Section 
17B-1-211
 is amended to read:
17B-1-211.
Notice of public hearings -- Publication of resolution.
(1) Before holding a public hearing or set of public hearings under Section 
17B-1-210
,
the legislative body of each county or municipality with which a request is filed or that adopts a
resolution under Subsection 
17B-1-203
(1)(d) and the board of trustees of each local district
that adopts a resolution under Subsection 
17B-1-203
(1)(e) shall[
:
] 
publish notice for the
proposed local district, as a class B notice under Section 
63G-28-102
, for at least two weeks
before the day of the hearing or the day of the first of the set of hearings.
[
(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 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
district;
(b) clearly identify each governing body involved in the hearing or set of hearings;
(c) state the date, time, and place for the hearing or set of hearings and the purposes for
the hearing or set of hearings; and
(d) describe or include a map of the entire proposed local district.
(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 98. Section 
17B-1-304
 is amended to read:
17B-1-304.
Appointment procedures for appointed members -- Notice of vacancy.
(1) The appointing authority may, by resolution, appoint persons to serve as members
of a local district board by following the procedures established by this section.
(2) (a) In any calendar year when appointment of a new local district board member is
required, the appointing authority shall prepare a notice of vacancy that contains:
(i) the positions that are vacant that shall be filled by appointment;
(ii) the qualifications required to be appointed to those positions;
(iii) the procedures for appointment that the governing body will follow in making
those appointments; and
(iv) the person to be contacted and any deadlines that a person shall meet who wishes
to be considered for appointment to those positions.
(b) The appointing authority shall[
:
] 
publish the notice of vacancy for the local district,
as a class A notice under Section 
63G-28-102
, for at least one month before the deadline for
accepting nominees for appointment.
[
(i) post the notice of vacancy in four public places within the local district at least one
month before the deadline for accepting nominees for appointment; and
]
[
(ii) 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 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 district board.
(c) If no candidate for appointment to fill the vacancy receives a majority vote of the
appointing authority, the appointing authority shall select the appointee from the two top
candidates by lot.
(4) Persons appointed to serve as members of the local district board serve four-year
terms, but may be removed for cause at any time after a hearing by two-thirds vote of the
appointing body.
(5) (a) At the end of each board member's term, the position is considered vacant, and,
after following the appointment procedures established in this section, the appointing authority
may either reappoint the incumbent board member or appoint a new member.
(b) Notwithstanding Subsection (5)(a), a board member may continue to serve until a
successor is elected or appointed and qualified in accordance with Subsection 
17B-1-303
(2)(b).
(6) Notwithstanding any other provision of this section, if the appointing authority
appoints one of its own members and that member meets all applicable statutory board member
qualifications, the appointing authority need not comply with Subsection (2) or (3).
Section 99. Section 
17B-1-306
 is amended to read:
17B-1-306.
Local district board -- Election procedures -- Notice.
(1) Except as provided in Subsection (12), each elected board member shall be selected
as provided in this section.
(2) (a) Each election of a local district board member shall be held:
(i) at the same time as the municipal general election or the regular general election, as
applicable; and
(ii) at polling places designated by the local district board in consultation with the
county clerk for each county in which the local district is located, which polling places shall
coincide with municipal general election or regular general election polling places, as
applicable, whenever feasible.
(b) The local district board, in consultation with the county clerk, may consolidate two
or more polling places to enable voters from more than one district to vote at one consolidated
polling place.
(c) (i) Subject to Subsections (5)(h) and (i), the number of polling places under
Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one
polling place per division of the district, designated by the district board.
(ii) Each polling place designated by an irrigation district board under Subsection
(2)(c)(i) shall coincide with a polling place designated by the county clerk under Subsection
(2)(a)(ii).
(3) The clerk of each local district with a board member position to be filled at the next
municipal general election or regular general election, as applicable, shall provide notice of:
(a) each elective position of the local district to be filled at the next municipal general
election or regular general election, as applicable;
(b) the constitutional and statutory qualifications for each position; and
(c) the dates and times for filing a declaration of candidacy.
(4) The clerk of the local district shall publish the notice described in Subsection (3)[
:
]
for the local district, as a class A notice under Section 
63G-28-102
, for at least 10 days before
the first day for filing a declaration of candidacy.
[
(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 district at least
days before the first day for filing a declaration of candidacy; and
]
[
(c) if the local district has a website, on the local district's website for 10 days before
the first day for filing a declaration of candidacy.
]
(5) (a) Except as provided in Subsection (5)(c), to become a candidate for an elective
local district board position, an individual shall file a declaration of candidacy in person with
an official designated by the local district within the candidate filing period for the applicable
election year in which the election for the local district board is held and:
(i) during the local 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 district do not provide at least three
consecutive office hours each day, a three-hour consecutive time period each day designated by
the local 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 district if:
(i) the individual is located outside of the state during the entire filing period;
(ii) the designated agent appears in person before the official designated by the local
district; and
(iii) the individual communicates with the official designated by the local district using
an electronic device that allows the individual and official to see and hear each other.
(d) (i) Before the filing officer may accept any declaration of candidacy from an
individual, the filing officer shall:
(A) read to the individual the constitutional and statutory qualification requirements for
the office that the individual is seeking; and
(B) require the individual to state whether the individual meets those requirements.
(ii) If the individual does not meet the qualification requirements for the office, the
filing officer may not accept the individual's declaration of candidacy.
(iii) If it appears that the individual meets the requirements of candidacy, the filing
officer shall accept the individual's declaration of candidacy.
(e) The declaration of candidacy shall be in substantially the following form:
"I, (print name) ____________, being first duly sworn, say that I reside at (Street)
____________, City of ________________, County of ________________, state of Utah, (Zip
Code) ______, (Telephone Number, if any)____________; that I meet the qualifications for the
office of board of trustees member for _______________________ (state the name of the local
district); that I am a candidate for that office to be voted upon at the next election; and that, if
filing via a designated agent, I will be out of the state of Utah during the entire candidate filing
period, and I hereby request that my name be printed upon the official ballot for that election.
(Signed) _________________________________________
Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
of ____________, ____.
(Signed) ________________________
(Clerk or Notary Public)".
(f) An agent designated under Subsection (5)(c) may not sign the form described in
Subsection (5)(e).
(g) Each individual wishing to become a valid write-in candidate for an elective local
district board position is governed by Section 
20A-9-601
.
(h) If at least one individual does not file a declaration of candidacy as required by this
section, an individual shall be appointed to fill that board position in accordance with the
appointment provisions of Section 
20A-1-512
.
(i) If only one candidate files a declaration of candidacy and there is no write-in
candidate who complies with Section 
20A-9-601
, the board, in accordance with Section
20A-1-206
, may:
(i) consider the candidate to be elected to the position; and
(ii) cancel the election.
(6) (a) A primary election may be held if:
(i) the election is authorized by the local district board; and
(ii) the number of candidates for a particular local board position or office exceeds
twice the number of persons needed to fill that position or office.
(b) The primary election shall be conducted:
(i) on the same date as the municipal primary election or the regular primary election,
as applicable; and
(ii) according to the procedures for primary elections provided under Title 20A,
Election Code.
(7) (a) Except as provided in Subsection (7)(c), within one business day after the
deadline for filing a declaration of candidacy, the local district clerk shall certify the candidate
names to the clerk of each county in which the local district is located.
(b) (i) Except as provided in Subsection (7)(c) and in accordance with Section
20A-6-305
, the clerk of each county in which the local district is located and the local district
clerk shall coordinate the placement of the name of each candidate for local district office in
the nonpartisan section of the ballot with the appropriate election officer.
(ii) If consolidation of the local district election ballot with the municipal general
election ballot or the regular general election ballot, as applicable, is not feasible, the local
district board of trustees, in consultation with the county clerk, shall provide for a separate
local district election ballot to be administered by poll workers at polling 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 district shall:
(i) be a registered voter within the district, except for an election of:
(A) an irrigation district board of trustees member; or
(B) a basic local district board of trustees member who is elected by property owners;
and
(ii) meet the requirements to vote established by the district.
(b) Each voter may vote for as many candidates as there are offices to be filled.
(c) The candidates who receive the highest number of votes are elected.
(9) Except as otherwise provided by this section, the election of local district board
members is governed by Title 20A, Election Code.
(10) (a) Except as provided in Subsection 
17B-1-303
(8), a person elected to serve on a
local district board shall serve a four-year term, beginning at noon on the January 1 after the
person's election.
(b) A person elected shall be sworn in as soon as practical after January 1.
(11) (a) Except as provided in Subsection (11)(b), each local district shall reimburse
the county or municipality holding an election under this section for the costs of the election
attributable to that local district.
(b) Each irrigation district shall bear 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 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 district if:
(i) the local 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 district was created before January 1, 2020.
(b) The board of a local 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
district board, subject to Subsection (15)(d).
(d) (i) The local district board shall provide to property owners eligible to vote at the
local 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 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 district board
shall provide a ballot to all property owners eligible to vote at the local district election.
(B) A local district board shall allow at least five days for ballots to be returned.
(iv) A local district board shall certify the results of an election under this Subsection
(15) during an open meeting of the board.
Section 100. Section 
17B-1-313
 is amended to read:
17B-1-313.
Publication of notice of board resolution or action -- Contest period --
No contest after contest period.
(1) After the board of trustees of a local district adopts a resolution or takes other
action on behalf of the district, the board may provide for the publication of a notice of the
resolution or other action.
(2) Each notice under Subsection (1) shall:
(a) include, as the case may be:
(i) the language of the resolution or a summary of the resolution; or
(ii) a description of the action taken by the board;
(b) state that:
(i) any person in interest may file an action in district court to contest the regularity,
formality, or legality of the resolution or action within 30 days after the date of publication; and
(ii) if the resolution or action is not contested by filing an action in district court within
the 30-day period, no one may contest the regularity, formality, or legality of the resolution or
action after the expiration of the 30-day period; and
(c) be [
posted on the Utah Public Notice Website created in Section 
63A-16-601
]
published for the local district, as a class A notice under Section 
63G-28-102
, for at least 30
days
.
(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 101. 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 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 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 district provides notice under Subsection (2)(a)(i), to
the local 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[
:
] 
providing notice, as a class A notice under Section 
63G-28-102
, for the area
proposed to be annexed, through the day of the public hearing; and
[
(I) posting written notice at the local 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 district, the service provided by the local district, a description or map of the area
proposed to be annexed, a local 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 102. Section 
17B-1-417
 is amended to read:
17B-1-417.
Boundary adjustment -- Notice and hearing -- Protest -- Resolution
adjusting boundaries -- Filing of notice and plat with the lieutenant governor --
Recording requirements -- Effective date.
(1) As used in this section, "affected area" means the area located within the
boundaries of one local district that will be removed from that local district and included within
the boundaries of another local district because of a boundary adjustment under this section.
(2) The boards of trustees of two or more local districts having a common boundary
and providing the same service on the same wholesale or retail basis may adjust their common
boundary as provided in this section.
(3) (a) The board of trustees of each local district intending to adjust a boundary that is
common with another local district shall:
(i) adopt a resolution indicating the board's intent to adjust a common boundary;
(ii) hold a public hearing on the proposed boundary adjustment no less than 60 days
after the adoption of the resolution under Subsection (3)(a)(i); and
(iii) 
provide notice for the affected area, as a class B notice under Section 
63G-28-102
,
for at least two weeks before the day of the public hearing.
[
(A) post notice:
]
[
(I) in at least four conspicuous places within the local district at least two weeks
before the public hearing; and
]
[
(II) on the Utah Public Notice Website created in Section 
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 district has adopted a resolution
indicating the board's intent to adjust a boundary that the local district has in common with
another local district that provides the same service as the local district;
(ii) describe the affected area;
(iii) state the date, time, and location of the public hearing required under Subsection
(3)(a)(ii);
(iv) provide a local district telephone number where additional information about the
proposed boundary adjustment may be obtained;
(v) explain the financial and service impacts of the boundary adjustment on property
owners or residents within the affected area; and
(vi) state in conspicuous and plain terms that the board of trustees may approve the
adjustment of the boundaries unless, at or before the public hearing under Subsection (3)(a)(ii),
written protests to the adjustment are filed with the board by:
(A) the owners of private real property that:
(I) is located within the affected area;
(II) covers at least 50% of the total private land area within the affected area; and
(III) is equal in assessed value to at least 50% of the assessed value of all private real
property within the affected area; or
(B) registered voters residing within the affected area equal in number to at least 50%
of the votes cast in the affected area for the office of governor at the last regular general
election before the filing of the protests.
(c) The boards of trustees of the local districts whose boundaries are being adjusted
may jointly:
(i) [
post or mail
] 
provide
 the notice required under Subsection (3)(a)(iii); and
(ii) hold the public hearing required under Subsection (3)(a)(ii).
(4) After the public hearing required under Subsection (3)(a)(ii), the board of trustees
may adopt a resolution approving the adjustment of the common boundary unless, at or before
the public hearing, written protests to the boundary adjustment have been filed with the board
by:
(a) the owners of private real property that:
(i) is located within the affected area;
(ii) covers at least 50% of the total private land area within the affected area; and
(iii) is equal in assessed value to at least 50% of the assessed value of all private real
property within the affected area; or
(b) registered voters residing within the affected area equal in number to at least 50%
of the votes cast in the affected area for the office of governor at the last regular general
election before the filing of the protests.
(5) A resolution adopted under Subsection (4) does not take effect until the board of
each local district whose boundaries are being adjusted has adopted a resolution under
Subsection (4).
(6) The board of the local district whose boundaries are being adjusted to include the
affected area shall:
(a) within 30 days after the resolutions take effect under Subsection (5), file with the
lieutenant governor:
(i) a copy of a notice of an impending boundary action, as defined in Section 
67-1a-6.5
,
that meets the requirements of Subsection 
67-1a-6.5
(3); and
(ii) a copy of an approved final local entity plat, as defined in Section 
67-1a-6.5
; and
(b) upon the lieutenant governor's issuance of a certificate of boundary adjustment
under Section 
67-1a-6.5
:
(i) if the affected area is located within the boundary of a single county, submit to the
recorder of that county:
(A) the original:
(I) notice of an impending boundary action;
(II) certificate of boundary adjustment; and
(III) approved final local entity plat; and
(B) a certified copy of each resolution adopted under Subsection (4); or
(ii) if the affected area is located within the boundaries of more than a single county:
(A) submit to the recorder of one of those counties:
(I) the original of the documents listed in Subsections (6)(b)(i)(A)(I), (II), and (III); and
(II) a certified copy of each resolution adopted under Subsection (4); and
(B) submit to the recorder of each other county:
(I) a certified copy of the documents listed in Subsections (6)(b)(i)(A)(I), (II), and (III);
and
(II) a certified copy of each resolution adopted under Subsection (4).
(7) (a) Upon the lieutenant governor's issuance of a certificate of boundary adjustment
under Section 
67-1a-6.5
, the affected area is annexed to the local district whose boundaries are
being adjusted to include the affected area, and the affected area is withdrawn from the local
district whose boundaries are being adjusted to exclude the affected area.
(b) (i) The effective date of a boundary adjustment under this section for purposes of
assessing property within the affected area is governed by Section 
59-2-305.5
.
(ii) Until the documents listed in Subsection (6)(b) are recorded in the office of the
recorder of the county in which the property is located, a local district in whose boundary an
affected area is included because of a boundary adjustment under this section may not:
(A) levy or collect a property tax on property within the affected area;
(B) levy or collect an assessment on property within the affected area; or
(C) charge or collect a fee for service provided to property within the affected area.
(iii) Subsection (7)(b)(ii)(C):
(A) may not be construed to limit a local district's ability before a boundary adjustment
to charge and collect a fee for service provided to property that is outside the local district's
boundary; and
(B) does not apply until 60 days after the effective date, under Subsection (7)(a), of the
local district's boundary adjustment, with respect to a fee that the local district was charging for
service provided to property within the area affected by the boundary adjustment immediately
before the boundary adjustment.
Section 103. Section 
17B-1-505.5
 is amended to read:
17B-1-505.5.
Feasibility study for a municipality's withdrawal from a local
district providing fire protection, paramedic, and emergency services or law enforcement
service -- Notice of hearing.
(1) As used in this section:
(a) "Feasibility consultant" means a person with expertise in:
(i) the processes and economics of local government; and
(ii) the economics of providing fire protection, paramedic, and emergency services or
law enforcement service.
(b) "Feasibility study" means a study to determine the functional and financial
feasibility of a municipality's withdrawal from a first responder local district.
(c) "First responder district" means a local district, other than a municipal services
district, that provides:
(i) fire protection, paramedic, and emergency services; or
(ii) law enforcement service.
(d) "Withdrawing municipality" means a municipality whose legislative body has
adopted a resolution under Subsection 
17B-1-505
(3)(a) to initiate the process of the
municipality's withdrawal from a first responder district.
(2) This section applies and a feasibility study shall be conducted, as provided in this
section, if:
(a) the legislative body of a municipality has adopted a resolution under Subsection
17B-1-505
(3)(a) to initiate the process of the municipality's withdrawal from a first responder
district;
(b) the municipality and first responder district have not agreed in writing to the
withdrawal; and
(c) a feasibility study is a condition under Subsection 
17B-1-505
(6)(a) for an election
to be held approving the withdrawal.
(3) (a) As provided in this Subsection (3), the withdrawing municipality and first
responder district shall choose and engage a feasibility consultant to conduct a feasibility study.
(b) The withdrawing municipality and first responder district shall jointly choose and
engage a feasibility consultant according to applicable municipal or local district procurement
procedures.
(c) (i) If the withdrawing municipality and first responder district cannot agree on and
have not engaged a feasibility consultant under Subsection (3)(b) within 45 days after the
legislative body of the withdrawing municipality submits written notice to the first responder
district under Subsection 
17B-1-505
(3)(c), the withdrawing municipality and first responder
district shall, as provided in this Subsection (3)(c), choose a feasibility consultant from a list of
at least eight feasibility consultants provided by the Utah Association of Certified Public
Accountants.
(ii) A list of feasibility consultants under Subsection (3)(c)(i) may not include a
feasibility consultant that has had a contract to provide services to the withdrawing
municipality or first responder district at any time during the two-year period immediately
preceding the date the list is provided under Subsection (3)(c)(i).
(iii) (A) Beginning with the first responder district, the first responder district and
withdrawing municipality shall alternately eliminate one feasibility consultant each from the
list of feasibility consultants until one feasibility consultant remains.
(B) Within five days after receiving the list of consultants from the Utah Association of
Certified Public Accountants, the first responder district shall make the first elimination of a
feasibility consultant from the list and notify the withdrawing municipality in writing of the
elimination.
(C) After the first elimination of a feasibility consultant from the list, the withdrawing
municipality and first responder district shall each, within three days after receiving the written
notification of the preceding elimination, notify the other in writing of the elimination of a
feasibility consultant from the list.
(d) If a withdrawing municipality and first responder district do not engage a feasibility
consultant under Subsection (3)(b), the withdrawing municipality and first responder district
shall engage the feasibility consultant that has not been eliminated from the list at the
completion of the process described in Subsection (3)(c).
(4) A feasibility consultant that conducts a feasibility study under this section shall be
independent of and unaffiliated with the withdrawing municipality and first responder district.
(5) In conducting a feasibility study under this section, the feasibility consultant shall
consider:
(a) population and population density within the withdrawing municipality;
(b) current and five-year projections of demographics and economic base in the
withdrawing municipality, including household size and income, commercial and industrial
development, and public facilities;
(c) projected growth in the withdrawing municipality during the next five years;
(d) subject to Subsection (6)(a), the present and five-year projections of the cost,
including overhead, of providing the same service in the withdrawing municipality as is
provided by the first responder district, including:
(i) the estimated cost if the first responder district continues to provide service; and
(ii) the estimated cost if the withdrawing municipality provides service;
(e) subject to Subsection (6)(a), the present and five-year projections of the cost,
including overhead, of the first responder district providing service with:
(i) the municipality included in the first responder district's service area; and
(ii) the withdrawing municipality excluded from the first responder district's service
area;
(f) a projection of any new taxes per household that may be levied within the
withdrawing municipality within five years after the withdrawal;
(g) the fiscal impact that the withdrawing municipality's withdrawal has on other
municipalities and unincorporated areas served by the first responder district, including any rate
increase that may become necessary to maintain required coverage ratios for the first responder
district's debt;
(h) the physical and other assets that will be required by the withdrawing municipality
to provide, without interruption or diminution of service, the same service that is being
provided by the first responder district;
(i) the physical and other assets that will no longer be required by the first responder
district to continue to provide the current level of service to the remainder of the first responder
district, excluding the withdrawing municipality, and could be transferred to the withdrawing
municipality;
(j) subject to Subsection (6)(b), a fair and equitable allocation of the first responder
district's assets between the first responder district and the withdrawing municipality, effective
upon the withdrawal of the withdrawing municipality from the first responder district;
(k) a fair and equitable allocation of the debts, liabilities, and obligations of the first
responder district and any local building authority of the first responder district, between the
withdrawing municipality and the remaining first responder district, taking into consideration:
(i) any requirement to maintain the excludability of interest from the income of the
holder of the debt, liability, or obligation for federal income tax purposes; and
(ii) any first responder district assets that have been purchased with the proceeds of
bonds issued by the first responder district that the first responder district will retain and any of
those assets that will be transferred to the withdrawing municipality;
(l) the number and classification of first responder district employees who will no
longer be required to serve the remaining portions of the first responder district after the
withdrawing municipality withdraws from the first responder district, including the dollar
amount of the wages, salaries, and benefits attributable to the employees and the estimated cost
associated with termination of the employees if the withdrawing municipality does not employ
the employees;
(m) maintaining as a base, for a period of three years after withdrawal, the existing
schedule of pay and benefits for first responder district employees who are transferred to the
employment of the withdrawing municipality; and
(n) any other factor that the feasibility consultant considers relevant to the question of
the withdrawing municipality's withdrawal from the first responder district.
(6) (a) For purposes of Subsections (5)(d) and (e):
(i) the feasibility consultant shall assume a level and quality of service to be provided
in the future to the withdrawing municipality that fairly and reasonably approximates the level
and quality of service that the first responder district provides to the withdrawing municipality
at the time of the feasibility study;
(ii) in determining the present value cost of a service that the first responder district
provides, the feasibility consultant shall consider:
(A) the cost to the withdrawing municipality of providing the service for the first five
years after the withdrawal; and
(B) the first responder district's present and five-year projected cost of providing the
same service within the withdrawing municipality; and
(iii) the feasibility consultant shall consider inflation and anticipated growth in
calculating the cost of providing service.
(b) The feasibility consultant may not consider an allocation of first responder district
assets or a transfer of first responder district employees to the extent that the allocation or
transfer would impair the first responder district's ability to continue to provide the current
level of service to the remainder of the first responder district without the withdrawing
municipality, unless the first responder district consents to the allocation or transfer.
(7) A feasibility consultant may retain an architect, engineer, or other professional, as
the feasibility consultant considers prudent and as provided in the agreement with the
withdrawing municipality and first responder district, to assist the feasibility consultant to
conduct a feasibility study.
(8) The withdrawing municipality and first responder district shall require the
feasibility consultant to:
(a) complete the feasibility study within a time established by the withdrawing
municipality and first responder district;
(b) prepare and submit a written report communicating the results of the feasibility
study, including a one-page summary of the results; and
(c) attend all public hearings relating to the feasibility study under Subsection (14).
(9) A written report of the results of a feasibility study under this section shall:
(a) contain a recommendation concerning whether a withdrawing municipality's
withdrawal from a first responder district is functionally and financially feasible for both the
first responder district and the withdrawing municipality; and
(b) include any conditions the feasibility consultant determines need to be satisfied in
order to make the withdrawal functionally and financially feasible, including:
(i) first responder district assets and liabilities to be allocated to the withdrawing
municipality; and
(ii) (A) first responder district employees to become employees of the withdrawing
municipality; and
(B) sick leave, vacation, and other accrued benefits and obligations relating to the first
responder district employees that the withdrawing municipality needs to assume.
(10) The withdrawing municipality and first responder district shall equally share the
feasibility consultant's fees and costs, as specified in the agreement between the withdrawing
municipality and first responder district and the feasibility consultant.
(11) (a) Upon completion of the feasibility study and preparation of a written report,
the feasibility consultant shall deliver a copy of the report to the withdrawing municipality and
first responder district.
(b) (i) A withdrawing municipality or first responder district that disagrees with any
aspect of a feasibility study report may, within 20 business days after receiving a copy of the
report under Subsection (11)(a), submit to the feasibility consultant a written objection
detailing the disagreement.
(ii) (A) A withdrawing municipality that submits a written objection under Subsection
(11)(b)(i) shall simultaneously deliver a copy of the objection to the first responder district.
(B) A first responder district that submits a written objection under Subsection
(11)(b)(i) shall simultaneously deliver a copy of the objection to the withdrawing municipality.
(iii) A withdrawing municipality or first responder district may, within 10 business
days after receiving an objection under Subsection (11)(b)(ii), submit to the feasibility
consultant a written response to the objection.
(iv) (A) A withdrawing municipality that submits a response under Subsection
(11)(b)(iii) shall simultaneously deliver a copy of the response to the first responder district.
(B) A first responder district that submits a response under Subsection (11)(b)(iii) shall
simultaneously deliver a copy of the response to the withdrawing municipality.
(v) If an objection is filed under Subsection (11)(b)(i), the feasibility consultant shall,
within 20 business days after the expiration of the deadline under Subsection (11)(b)(iii) for
submitting a response to an objection:
(A) modify the feasibility study report or explain in writing why the feasibility
consultant is not modifying the feasibility study report; and
(B) deliver the modified feasibility study report or written explanation to the
withdrawing municipality and first responder local district.
(12) Within seven days after the expiration of the deadline under Subsection (11)(b)(i)
for submitting an objection or, if an objection is submitted, within seven days after receiving a
modified feasibility study report or written explanation under Subsection (11)(b)(v), but at least
30 days before a public hearing under Subsection (14), the withdrawing municipality shall:
(a) make a copy of the report available to the public at the primary office of the
withdrawing municipality; and
(b) if the withdrawing municipality has a website, post a copy of the report on the
municipality's website.
(13) A feasibility study report or, if a feasibility study report is modified under
Subsection (11), a modified feasibility study report may not be challenged unless the basis of
the challenge is that the report results from collusion or fraud.
(14) (a) Following the expiration of the deadline under Subsection (11)(b)(i) for
submitting an objection, or, if an objection is submitted under Subsection (11)(b)(i), following
the withdrawing municipality's receipt of the modified feasibility study report or written
explanation under Subsection (11)(b)(v), the legislative body of the withdrawing municipality
shall, at the legislative body's next regular meeting, schedule at least one public hearing to be
held:
(i) within the following 60 days; and
(ii) for the purpose of allowing:
(A) the feasibility consultant to present the results of the feasibility study; and
(B) the public to become informed about the feasibility study results, to ask the
feasibility consultant questions about the feasibility study, and to express the public's views
about the proposed withdrawal.
(b) At a public hearing under Subsection (14)(a), the legislative body of the
withdrawing municipality shall:
(i) provide a copy of the feasibility study for public review; and
(ii) allow the public to:
(A) ask the feasibility consultant questions about the feasibility study; and
(B) express the public's views about the withdrawing municipality's proposed
withdrawal from the first responder district.
(15) (a) The clerk or recorder of the withdrawing municipality shall publish notice of a
hearing under Subsection (14) [
on the Utah Public Notice Website created in Section
63A-16-601
,
] 
for the withdrawing municipality, as a class A notice under Section 
63G-28-102
,
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 104. Section 
17B-1-608
 is amended to read:
17B-1-608.
Tentative budget and data -- Public records -- Notice.
(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
district shall:
(a) make the tentative budget available for public inspection at the local district's
principal place of business during regular business hours;
(b) [
if the local district has a website,
] 
except to the extent provided in Subsection (3),
publish the tentative budget [
on the local district's website; and
]
, as a class A notice under
Section 
63G-28-102
, for at least seven days.
[
(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.
]
(3) The notice described in this section is exempt from the physical posting
requirement described in Subsection 
63G-28-102
(1)(c).
Section 105. 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) 
or (7)
, order that notice of the hearing[
:
] 
be
published for the district, as a class A notice under Section 
63G-28-102
, for at least seven days
before the day 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 district with an annual operating budget of less than
$250,000 may satisfy the notice requirements in Subsection (1)(b) by:
(a) mailing a written notice, postage prepaid, to each voter in the local district; and
(b) posting the notice in three public places within the district.
(7) The notice described in this section is exempt from the physical posting
requirement described in Subsection 
63G-28-102
(1)(c).
Section 106. Section 
17B-1-643
 is amended to read:
17B-1-643.
Imposing or increasing a fee for service provided by local district.
(1) (a) Before imposing a new fee or increasing an existing fee for a service provided
by a local district, each local district board of trustees shall first hold a public hearing at which:
(i) the local district shall demonstrate its need to impose or increase the fee; and
(ii) any interested person may speak for or against the proposal to impose a fee or to
increase an existing fee.
(b) Each public hearing under Subsection (1)(a) shall be held in the evening beginning
no earlier than 6 p.m.
(c) A public hearing required under this Subsection (1) may be combined with a public
hearing on a tentative budget required under Section 
17B-1-610
.
(d) Except to the extent that this section imposes more stringent notice requirements,
the local district board shall comply with Title 52, Chapter 4, Open and Public Meetings Act,
in holding the public hearing under Subsection (1)(a).
(2) (a) Each local district board shall give notice of a hearing under Subsection (1) as
provided in Subsections (2)(b) and (c) or Subsection (2)(d).
(b) The local district board shall[
:
] 
publish the notice described in Subsection (2)(a) for
the local district, as a class A notice under Section 
63G-28-102
, for at least 30 days.
[
(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 district, at places within the local district that are most likely to
provide actual notice to residents within the local district, subject to a maximum of 10 notices.
]
(c) The notice described in Subsection (2)(b) shall state that the local district board
intends to impose or increase a fee for a service provided by the local district and will hold a
public hearing on a certain day, time, and place fixed in the notice, which shall be not less than
seven days after the day the first notice is published, for the purpose of hearing comments
regarding the proposed imposition or increase of a fee and to explain the reasons for the
proposed imposition or increase.
(d) (i) In lieu of providing notice under Subsection (2)(b), the local district board of
trustees may give the notice required under Subsection (2)(a) by mailing the notice to those
within the district who:
(A) will be charged the fee for a district service, if the fee is being imposed for the first
time; or
(B) are being charged a fee, if the fee is proposed to be increased.
(ii) Each notice under Subsection (2)(d)(i) shall comply with Subsection (2)(c).
(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)
] 
(h)
 After holding a public hearing under Subsection (1), a local district board
may:
[
(a)
] 
(i)
 impose the new fee or increase the existing fee as proposed;
[
(b)
] 
(ii)
 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)
] 
(iii)
 decline to impose the new fee or increase the existing fee.
[
(4)
] 
(i)
 This section applies to each new fee imposed and each increase of an existing
fee that occurs on or after July 1, 1998.
[
(5)
] 
(j)
 [
(a)
] 
(i)
 This section does not apply to an impact fee.
[
(b)
] 
(ii)
 The imposition or increase of an impact fee is governed by Title 11, Chapter
36a, Impact Fees Act.
Section 107. Section 
17B-1-1204
 is amended to read:
17B-1-1204.
Notice of the hearing on a validation petition -- Amended or
supplemented validation petition.
(1) Upon the entry of an order under Section 
17B-1-1203
 setting a hearing on a
validation petition, the local district that filed the petition shall [
post notice:
] 
publish notice, as
a class A notice under Section 
63G-28-102
, for at least 21 days before the date of the hearing.
[
(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 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 108. 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
] 
publish
 notice of the public hearing and of the proposed
dissolution[
:
] 
for the local district proposed to be dissolved, as a class B notice under Section
63G-28-102
, for 30 days before the day of the public hearing.
[
(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 district proposed to be
dissolved, no less than five and no more than 30 days before the public hearing; or
]
[
(b) mail a notice to each owner of property located within the local district and to each
registered voter residing within the local district.
]
(2) Each notice required under Subsection (1) shall:
(a) identify the local district proposed to be dissolved and the service it was created to
provide; and
(b) state the date, time, and location of the public hearing.
Section 109. Section 
17B-2a-705
 is amended to read:
17B-2a-705.
Taxation -- Additional levy -- Election -- Notice.
(1) If a mosquito abatement district board of trustees determines that the funds required
during the next ensuing fiscal year will exceed the maximum amount that the district is
authorized to levy under Subsection 
17B-1-103
(2)(g), the board of trustees may call an election
on a date specified in Section 
20A-1-204
 and submit to district voters the question of whether
the district should be authorized to impose an additional tax to raise the necessary additional
funds.
(2) The board shall provide notice of the election[
:
] 
for the district, as a class A notice
under Section 
63G-28-102
, for at least four weeks before the day of the election.
[
(a) (i) by posting one notice, and at least one additional notice per 2,000 population of
the district, in places within the district that are most likely to give notice to the voters in the
district, subject to a maximum of 10 notices; or
]
[
(ii) at least four weeks before the day of the election, by mailing notice to each
registered voter in the district;
]
[
(b) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for four weeks before the day of the election; and
]
[
(c) if the district has a website, by posting notice on the district's website for four
weeks before the day of the election.
]
(3) No particular form of ballot is required, and no informalities in conducting the
election may invalidate the election, if it is otherwise fairly conducted.
(4) At the election each ballot shall contain the words, "Shall the district be authorized
to impose an additional tax to raise the additional sum of $____?"
(5) The board of trustees shall canvass the votes cast at the election, and, if a majority
of the votes cast are in favor of the imposition of the tax, the district is authorized to impose an
additional levy to raise the additional amount of money required.
Section 110. Section 
17B-2a-1007
 is amended to read:
17B-2a-1007.
Contract assessments -- Notice.
(1) As used in this section:
(a) "Assessed land" means:
(i) for a contract assessment under a water contract with a private water user, the land
owned by the private water user that receives the beneficial use of water under the water
contract; or
(ii) for a contract assessment under a water contract with a public water user, the land
within the boundaries of the public water user that is within the boundaries of the water
conservancy district and that receives the beneficial use of water under the water contract.
(b) "Contract assessment" means an assessment levied as provided in this section by a
water conservancy district on assessed land.
(c) "Governing body" means:
(i) for a county, city, or town, the legislative body of the county, city, or town;
(ii) for a local district, the board of trustees of the local district;
(iii) for a special service district:
(A) the legislative body of the county, city, or town that established the special service
district, if no administrative control board has been appointed under Section 
17D-1-301
; or
(B) the administrative control board of the special service district, if an administrative
control board has been appointed under Section 
17D-1-301
; and
(iv) for any other political subdivision of the state, the person or body with authority to
govern the affairs of the political subdivision.
(d) "Petitioner" means a private petitioner or a public petitioner.
(e) "Private petitioner" means an owner of land within a water conservancy district
who submits a petition to a water conservancy district under Subsection (3) to enter into a
water contract with the district.
(f) "Private water user" means an owner of land within a water conservancy district
who enters into a water contract with the district.
(g) "Public petitioner" means a political subdivision of the state:
(i) whose territory is partly or entirely within the boundaries of a water conservancy
district; and
(ii) that submits a petition to a water conservancy district under Subsection (3) to enter
into a water contract with the district.
(h) "Public water user" means a political subdivision of the state:
(i) whose territory is partly or entirely within the boundaries of a water conservancy
district; and
(ii) that enters into a water contract with the district.
(i) "Water contract" means a contract between a water conservancy district and a
private water user or a public water user under which the water user purchases, leases, or
otherwise acquires the beneficial use of water from the water conservancy district for the
benefit of:
(i) land owned by the private water user; or
(ii) land within the public water user's boundaries that is also within the boundaries of
the water conservancy district.
(j) "Water user" means a private water user or a public water user.
(2) A water conservancy district may levy a contract assessment as provided in this
section.
(3) (a) The governing body of a public petitioner may authorize its chief executive
officer to submit a written petition on behalf of the public petitioner to a water conservancy
district requesting to enter into a water contract.
(b) A private petitioner may submit a written petition to a water conservancy district
requesting to enter into a water contract.
(c) Each petition under this Subsection (3) shall include:
(i) the petitioner's name;
(ii) the quantity of water the petitioner desires to purchase or otherwise acquire;
(iii) a description of the land upon which the water will be used;
(iv) the price to be paid for the water;
(v) the amount of any service, turnout, connection, distribution system, or other charge
to be paid;
(vi) whether payment will be made in cash or annual installments;
(vii) a provision requiring the contract assessment to become a lien on the land for
which the water is petitioned and is to be allotted; and
(viii) an agreement that the petitioner is bound by the provisions of this part and the
rules and regulations of the water conservancy district board of trustees.
(4) (a) If the board of a water conservancy district desires to consider a petition
submitted by a petitioner under Subsection (3), the board shall:
(i) [
post
] 
provide
 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 the water
conservancy district, as a class A notice under Section 
63G-28-102
,
 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
] 
publish
 a notice:
(A) [
on the Utah Public Notice Website, created in Section 
63A-16-601
,
] 
for the water
conservancy district, as a class A notice under Section 
63G-28-102
,
 for at least the two
consecutive weeks before the 
day of 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 111. Section 
17B-2a-1110
 is amended to read:
17B-2a-1110.
Withdrawal from a municipal services district upon incorporation
-- Feasibility study required for city or town withdrawal -- Public hearing -- Notice --
Revenues transferred to municipal services district.
(1) (a) A municipality may withdraw from a municipal services district in accordance
with Section 
17B-1-502
 or 
17B-1-505
, as applicable, and the requirements of this section.
(b) If a municipality engages a feasibility consultant to conduct a feasibility study
under Subsection (2)(a), the 180 days described in Subsection 
17B-1-502
(3)(a)(iii)(B) is tolled
from the day that the municipality engages the feasibility consultant to the day on which the
municipality holds the final public hearing under Subsection (5).
(2) (a) If a municipality decides to withdraw from a municipal services district, the
municipal legislative body shall, before adopting a resolution under Section 
17B-1-502
 or
17B-1-505
, as applicable, engage a feasibility consultant to conduct a feasibility study.
(b) The feasibility consultant shall be chosen:
(i) by the municipal legislative body; and
(ii) in accordance with applicable municipal procurement procedures.
(3) The municipal legislative body shall require the feasibility consultant to:
(a) complete the feasibility study and submit the written results to the municipal
legislative body before the council adopts a resolution under Section 
17B-1-502
;
(b) submit with the full written results of the feasibility study a summary of the results
no longer than one page in length; and
(c) attend the public hearings under Subsection (5).
(4) (a) The feasibility study shall consider:
(i) population and population density within the withdrawing municipality;
(ii) current and five-year projections of demographics and economic base in the
withdrawing municipality, including household size and income, commercial and industrial
development, and public facilities;
(iii) projected growth in the withdrawing municipality during the next five years;
(iv) subject to Subsection (4)(b), the present and five-year projections of the cost,
including overhead, of municipal services in the withdrawing municipality;
(v) assuming the same tax categories and tax rates as currently imposed by the
municipal services district and all other current service providers, the present and five-year
projected revenue for the withdrawing municipality;
(vi) a projection of any new taxes per household that may be levied within the
withdrawing municipality within five years of the withdrawal; and
(vii) the fiscal impact on other municipalities serviced by the municipal services
district.
(b) (i) For purposes of Subsection (4)(a)(iv), the feasibility consultant shall assume a
level and quality of municipal services to be provided to the withdrawing municipality in the
future that fairly and reasonably approximates the level and quality of municipal services being
provided to the withdrawing municipality at the time of the feasibility study.
(ii) In determining the present cost of a municipal service, the feasibility consultant
shall consider:
(A) the amount it would cost the withdrawing municipality to provide municipal
services for the first five years after withdrawing; and
(B) the municipal services district's present and five-year projected cost of providing
municipal services.
(iii) The costs calculated under Subsection (4)(a)(iv) shall take into account inflation
and anticipated growth.
(5) If the results of the feasibility study meet the requirements of Subsection (4), the
municipal legislative body shall, at its next regular meeting after receipt of the results of the
feasibility study, schedule at least one public hearing to be held:
(a) within the following 60 days; and
(b) for the purpose of allowing:
(i) the feasibility consultant to present the results of the study; and
(ii) the public to become informed about the feasibility study results, including the
requirement that if the municipality withdraws from the municipal services district, the
municipality must comply with Subsection (9), and to ask questions about those results of the
feasibility consultant.
(6) At a public hearing described in Subsection (5), the municipal legislative body
shall:
(a) provide a copy of the feasibility study for public review; and
(b) allow the public to express its views about the proposed withdrawal from the
municipal services district.
(7) (a) The municipal clerk or recorder shall publish notice of the public hearings
required under Subsection (5)[
:
] 
for the municipality, as a class A notice under Section
63G-28-102
, for at least three weeks before the day of the first hearing described in Subsection
(5).
[
(i) by posting the notice on the Utah Public Notice Website created in Section
63A-16-601
, for three weeks; and
]
[
(ii) by posting at least one notice of the hearings per 1,000 population in conspicuous
places within the municipality that are most likely to give notice of the hearings to the
residents.
]
[
(b) The municipal clerk or recorder shall post the notices under Subsection (7)(a)(ii) at
least seven days before the first hearing under Subsection (5).
]
[
(c)
] 
(b)
 The notice under Subsection (7)(a) shall include the feasibility study summary
and shall indicate that a full copy of the study is available for inspection and copying at the
office of the municipal clerk or recorder.
(8) At a public meeting held after the public hearing required under Subsection (5), the
municipal legislative body may adopt a resolution under Section 
17B-1-502
 or 
17B-1-505
, as
applicable, if the municipality is in compliance with the other requirements of that section.
(9) The municipality shall pay revenues in excess of 5% to the municipal services
district for 10 years beginning on the next fiscal year immediately following the municipal
legislative body adoption of a resolution or an ordinance to withdraw under Section 
17B-1-502
or 
17B-1-505
 if the results of the feasibility study show that the average annual amount of
revenue under Subsection (4)(a)(v) exceed the average annual amount of cost under Subsection
(4)(a)(iv) by more than 5%.
Section 112. Section 
17C-1-207
 is amended to read:
17C-1-207.
Public entities may assist with project area development -- Notice
requirements.
(1) In order to assist and cooperate in the planning, undertaking, construction, or
operation of project area development within an area in which the public entity is authorized to
act, a public entity may:
(a) (i) provide or cause to be furnished:
(A) parks, playgrounds, or other recreational facilities;
(B) community, educational, water, sewer, or drainage facilities; or
(C) any other works which the public entity is otherwise empowered to undertake;
(ii) provide, furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or
replan streets, roads, roadways, alleys, sidewalks, or other places;
(iii) in any part of the project area:
(A) (I) plan or replan any property within the project area;
(II) plat or replat any property within the project area;
(III) vacate a plat;
(IV) amend a plat; or
(V) zone or rezone any property within the project area; and
(B) make any legal exceptions from building regulations and ordinances;
(iv) purchase or legally invest in any of the bonds of an agency and exercise all of the
rights of any holder of the bonds;
(v) notwithstanding any law to the contrary, enter into an agreement for a period of
time with another public entity concerning action to be taken pursuant to any of the powers
granted in this title;
(vi) do anything necessary to aid or cooperate in the planning or implementation of the
project area development;
(vii) in connection with the project area plan, become obligated to the extent
authorized and funds have been made available to make required improvements or construct
required structures; and
(viii) lend, grant, or contribute funds to an agency for project area development or
proposed project area development, including assigning revenue or taxes in support of an
agency bond or obligation; and
(b) for less than fair market value or for no consideration, and subject to Subsection
(3):
(i) purchase or otherwise acquire property from an agency;
(ii) lease property from an agency;
(iii) sell, grant, convey, donate, or otherwise dispose of the public entity's property to
an agency; or
(iv) lease the public entity's property to an agency.
(2) The following are not subject to Section 
10-8-2
, 
17-50-312
, or 
17-50-303
:
(a) project area development assistance that a public entity provides under this section;
or
(b) a transfer of funds or property from an agency to a public entity.
(3) A public entity may provide assistance described in Subsection (1)(b) no sooner
than 15 days after the day on which the public entity [
posts
] 
completes the requirements for
publishing
 notice of the assistance [
on:
] 
for the public entity's jurisdiction, as a class A notice
under Section 
63G-28-102
, for at least 15 days.
[
(a) the Utah Public Notice Website described in Section 
63A-16-601
; and
]
[
(b) the public entity's public website.
]
Section 113. Section 
17C-1-601.5
 is amended to read:
17C-1-601.5.
Annual agency budget -- Fiscal year -- Public hearing required --
Notice -- Auditor forms -- Requirement to file form.
(1) Each agency shall prepare an annual budget of the agency's revenues and
expenditures for each fiscal year.
(2) The board shall adopt each agency budget:
(a) for an agency created by a municipality, before June 30; or
(b) for an agency created by a county, before December 15.
(3) The agency's fiscal year shall be the same as the fiscal year of the community that
created the agency.
(4) (a) Before adopting an annual budget, each board shall hold a public hearing on the
annual budget.
(b) Each agency shall provide notice of the public hearing on the annual budget [
by:
]
for the agency's jurisdiction, as a class A notice under Section 
63G-28-102
, for at least one
week before the day of the public hearing.
[
(i) posting a notice of the public hearing in at least three public places within the
agency boundaries; and
]
[
(ii) publishing notice on the Utah Public Notice Website created in Section
63A-16-601
, at least one week before the public hearing.
]
(c) Each agency shall make the annual budget available for public inspection at least
three days before the date of the public hearing.
(5) The state auditor shall prescribe the budget forms and the categories to be contained
in each annual budget, including:
(a) revenues and expenditures for the budget year;
(b) legal fees; and
(c) administrative costs, including rent, supplies, and other materials, and salaries of
agency personnel.
(6) (a) Within 90 days after adopting an annual budget, each board shall file a copy of
the annual budget with the auditor of the county in which the agency is located, the State Tax
Commission, the state auditor, the State Board of Education, and each taxing entity from which
the agency receives project area funds.
(b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the
state as a taxing entity is met if the agency files a copy with the State Tax Commission and the
state auditor.
Section 114. Section 
17C-1-701.5
 is amended to read:
17C-1-701.5.
Agency dissolution -- Restrictions -- Notice -- Recording
requirements -- Agency records -- Dissolution expenses.
(1) (a) Subject to Subsection (1)(b), the community legislative body may, by ordinance,
dissolve an agency.
(b) A community legislative body may adopt an ordinance described in Subsection
(1)(a) only if the agency has no outstanding bonded indebtedness, other unpaid loans,
indebtedness, or advances, and no legally binding contractual obligations with a person other
than the community.
(2) (a) The community legislative body shall:
(i) within 10 days after adopting an ordinance described in Subsection (1), file with the
lieutenant governor a copy of a notice of an impending boundary action, as defined in Section
67-1a-6.5
, that meets the requirements of Subsection 
67-1a-6.5
(3); and
(ii) upon the lieutenant governor's issuance of a certificate of dissolution under Section
67-1a-6.5
, submit to the recorder of the county in which the agency is located:
(A) the original notice of an impending boundary action;
(B) the original certificate of dissolution; and
(C) a certified copy of the ordinance that dissolves the agency.
(b) Upon the lieutenant governor's issuance of the certificate of dissolution under
Section 
67-1a-6.5
, the agency is dissolved.
(c) Within 10 days after receiving the certificate of dissolution from the lieutenant
governor under Section 
67-1a-6.5
, the community legislative body shall send a copy of the
certificate of dissolution and the ordinance adopted under Subsection (1) to the State Board of
Education, and each taxing entity.
(d) The community legislative body shall post a notice of dissolution [
on the Utah
Public Notice Website created in Section 
63A-16-601
] 
for the community, as a class A notice
under Section 
63G-28-102
, for at least 10 days
.
(3) The books, documents, records, papers, and seal of each dissolved agency shall be
deposited for safekeeping and reference with the recorder of the community that dissolved the
agency.
(4) The agency shall pay all expenses of the dissolution.
Section 115. Section 
17C-1-804
 is amended to read:
17C-1-804.
Notice required for continued hearing.
The board shall give notice of a hearing continued under Section 
17C-1-803
 by
announcing at the hearing:
(1) the date, time, and place the hearing will be resumed; or
(2) (a) that the hearing is being continued to a later time; and
(b) that the board will cause a notice of the continued hearing to be published [
on the
Utah Public Notice Website created in Section 
63A-16-601
,
] 
for the community, as a class A
notice under Section 
63G-28-102
, for
 at least seven days before the day on which the hearing is
scheduled to resume.
Section 116. Section 
17C-1-806
 is amended to read:
17C-1-806.
Requirements for notice provided by agency.
(1) The notice required by Section 
17C-1-805
 shall be given by:
(a) publishing notice for the county, as a class A notice under Section 
63G-28-102
, for
at least 14 days before the day on which the hearing is held; and
[
(a) (i) posting notice at least 14 days before the day of the hearing in at least three
conspicuous places within the county in which the project area or proposed project area is
located; or
]
[
(ii) posting notice, excluding the map described in Subsection (3)(b), at least 14 days
before the day on which the hearing is held on:
]
[
(A) the Utah Public Notice Website described in Section 
63A-16-601
; and
]
[
(B) the public website of a community located within the boundaries of the project
area; and
]
(b) at least 30 days before the hearing, mailing notice to:
(i) each record owner of property located within the project area or proposed project
area;
(ii) the State Tax Commission;
(iii) the assessor and auditor of the county in which the project area or proposed project
area is located; and
(iv) (A) if a project area is subject to a taxing entity committee, each member of the
taxing entity committee and the State Board of Education; or
(B) if a project area is not subject to a taxing entity committee, the legislative body or
governing board of each taxing entity within the boundaries of the project area or proposed
project area.
(2) The mailing of the notice to record property owners required under Subsection
(1)(b)(i) shall be conclusively considered to have been properly completed if:
(a) the agency mails the notice to the property owners as shown in the records,
including an electronic database, of the county recorder's office and at the addresses shown in
those records; and
(b) the county recorder's office records used by the agency in identifying owners to
whom the notice is mailed and their addresses were obtained or accessed from the county
recorder's office no earlier than 30 days before the mailing.
(3) The agency shall include in each notice required under Section 
17C-1-805
:
(a) (i) a boundary description of the project area or proposed project area; or
(ii) (A) a mailing address or telephone number where a person may request that a copy
of the boundary description be sent at no cost to the person by mail, email, or facsimile
transmission; and
(B) if the agency or community has an Internet website, an Internet address where a
person may gain access to an electronic, printable copy of the boundary description and other
related information;
(b) a map of the boundaries of the project area or proposed project area;
(c) an explanation of the purpose of the hearing; and
(d) a statement of the date, time, and location of the hearing.
(4) The agency shall include in each notice under Subsection (1)(b):
(a) a statement that property tax revenue resulting from an increase in valuation of
property within the project area or proposed project area will be paid to the agency for project
area development rather than to the taxing entity to which the tax revenue would otherwise
have been paid if:
(i) (A) the taxing entity committee consents to the project area budget; or
(B) one or more taxing entities agree to share property tax revenue under an interlocal
agreement; and
(ii) the project area plan provides for the agency to receive tax increment; and
(b) an invitation to the recipient of the notice to submit to the agency comments
concerning the subject matter of the hearing before the date of the hearing.
(5) An agency may include in a notice under Subsection (1) any other information the
agency considers necessary or advisable, including the public purpose achieved by the project
area development and any future tax benefits expected to result from the project area
development.
Section 117. Section 
17C-1-1003
 is amended to read:
17C-1-1003.
Interlocal agreement -- Notice requirements -- Effective date.
(1) An agency that enters into an interlocal agreement under Section 
17C-1-1002
 shall:
(a) adopt the interlocal agreement at an open and public meeting; and
(b) provide a notice, in accordance with Subsections (2) and (3), titled "Authorization
to Levy a Property Tax."
(2) Upon the execution of an interlocal agreement, the agency shall provide, subject to
Subsection (3), notice of the execution by[
:
] 
publishing the notice for the agency's jurisdiction,
as a class A notice under Section 
63G-28-102
, for at least 14 days.
[
(a) (i) publishing the notice in a newspaper of general circulation within the agency's
geographic boundaries; or
]
[
(ii) if there is no newspaper of general circulation within the agency's geographic
boundaries, posting the notice in at least three public places within the agency's geographic
boundaries; and
]
[
(b) posting the notice on the Utah Public Notice Website created in Section
63A-16-601
.
]
(3) A notice described in Subsection (2) shall include:
(a) a summary of the interlocal agreement; and
(b) a statement that the interlocal agreement:
(i) is available for public inspection and the place and the hours for inspection; and
(ii) authorizes the agency to:
(A) receive all or a portion of a taxing entity's project area incremental revenue; and
(B) levy a property tax on taxable property within the agency's boundaries.
(4) An interlocal agreement described in Section 
17C-1-1002
 is effective the day on
which the notice is published or posted in accordance with Subsections (2) and (3).
(5) An eligible taxing entity that enters into an interlocal agreement under Section
17C-1-1002
 shall make a copy of the interlocal agreement available to the public for inspecting
and copying at the eligible taxing entity's office during normal business hours.
Section 118. Section 
17C-2-108
 is amended to read:
17C-2-108.
Notice of urban renewal project area plan adoption -- Effective date
of plan -- Contesting the formation of the plan.
(1) (a) Upon the community legislative body's adoption of an urban renewal project
area plan, or an amendment to a project area plan under Section 
17C-2-110
, the community
legislative body shall provide notice as provided in Subsection (1)(b) by[
:
] 
publishing notice
for the agency's jurisdiction, as a class A notice under Section 
63G-28-102
, for at least 30 days.
[
(i) causing a notice to be posted in at least three public places within the agency's
boundaries; and
]
[
(ii) posting a notice on the Utah Public Notice Website described in Section
63A-16-601
.
]
(b) Each notice under Subsection (1)(a) shall:
(i) set forth the community legislative body's ordinance adopting the project area plan
or a summary of the ordinance; and
(ii) include a statement that the project area plan is available for general public
inspection and the hours for inspection.
(2) The project area plan shall become effective [
on the date of:
] 
at the end of the
30-day period described in Subsection (1)(a).
[
(a) if notice was published under Subsection (1)(a), publication of the notice; or
]
[
(b) if notice was posted under Subsection (1)(a), posting of the notice.
]
(3) (a) For a period of 30 days after the effective date of the project area plan under
Subsection (2), any person may contest the project area plan or the procedure used to adopt the
project area plan if the plan or procedure fails to comply with applicable statutory
requirements.
(b) After the 30-day period under Subsection (3)(a) expires, a person may not contest
the project area plan or procedure used to adopt the project area plan for any cause.
(4) Upon adoption of the project area plan by the community legislative body, the
agency may carry out the project area plan.
(5) Each agency shall make the project area plan available to the general public at the
agency's office during normal business hours.
Section 119. Section 
17C-3-107
 is amended to read:
17C-3-107.
Notice of economic development project area plan adoption --
Effective date of plan -- Contesting the formation of the plan.
(1) (a) Upon the community legislative body's adoption of an economic development
project area plan, or an amendment to the project area plan under Section 
17C-3-109
 that
requires notice, the legislative body shall provide notice as provided in Subsection (1)(b) by[
:
]
publishing notice for the agency's jurisdiction, as a class A notice under Section 
63G-28-102
,
for at least 30 days.
[
(i) causing a notice to be posted in at least three public places within the agency's
boundaries; and
]
[
(ii) posting a notice on the Utah Public Notice Website described in Section
63A-16-601
.
]
(b) Each notice under Subsection (1)(a) shall:
(i) set forth the community legislative body's ordinance adopting the project area plan
or a summary of the ordinance; and
(ii) include a statement that the project area plan is available for public inspection and
the hours for inspection.
(2) The project area plan shall become effective [
on the date of:
] 
at the end of the
30-day period described in Subsection (1)(a).
[
(a) if notice was published under Subsection (1)(a), publication of the notice; or
]
[
(b) if notice was posted under Subsection (1)(a), posting of the notice.
]
(3) (a) For a period of 30 days after the effective date of the project area plan under
Subsection (2), any person may contest the project area plan or the procedure used to adopt the
project area plan if the plan or procedure fails to comply with applicable statutory
requirements.
(b) After the 30-day period under Subsection (3)(a) expires, a person may not contest
the project area plan or procedure used to adopt the project area plan for any cause.
(4) Upon adoption of the economic development project area plan by the community
legislative body, the agency may implement the project area plan.
(5) Each agency shall make the economic development project area plan available to
the general public at the agency's office during normal business hours.
Section 120. Section 
17C-4-106
 is amended to read:
17C-4-106.
Notice of community development project area plan adoption --
Effective date of plan -- Contesting the formation of the plan.
(1) (a) Upon the community legislative body's adoption of a community development
project area plan, the community legislative body shall provide notice as provided in
Subsection (1)(b) by[
:
] 
publishing notice for the agency's jurisdiction, as a class A notice under
Section 
63G-28-102
, for at least 30 days.
[
(i) causing a notice to be posted in at least three public places within the agency's
boundaries; and
]
[
(ii) posting a notice or causing a notice to be posted on the Utah Public Notice
Website created in Section 
63A-16-601
.
]
(b) Each notice under Subsection (1)(a) shall:
(i) set forth the community legislative body's ordinance adopting the community
development project area plan or a summary of the ordinance; and
(ii) include a statement that the project area plan is available for general public
inspection and the hours for inspection.
(2) The community development project area plan shall become effective [
on the date
of the posting of the notice under Subsection (1)(a)
] 
at the end of the 30-day period described
in Subsection (1)(a)
.
(3) (a) For a period of 30 days after the effective date of the community development
project area plan under Subsection (2), any person may contest the project area plan or the
procedure used to adopt the project area plan if the plan or procedure fails to comply with
applicable statutory requirements.
(b) After the 30-day period under Subsection (3)(a) expires, a person may not contest
the community development project area plan or procedure used to adopt the project area plan
for any cause.
(4) Upon adoption of the community development project area plan by the community
legislative body, the agency may carry out the project area plan.
(5) Each agency shall make the adopted project area plan available to the public at the
agency's office during normal business hours.
Section 121. Section 
17C-4-109
 is amended to read:
17C-4-109.
Expedited community development project area plan -- Notice.
(1) As used in this section, "tax increment incentive" means the portion of tax
increment awarded to an industry or business.
(2) A community development project area plan may be adopted or amended without
complying with the notice and public hearing requirements of this part and Chapter 1, Part 8,
Hearing and Notice Requirements, if the following requirements are met:
(a) the agency determines by resolution adopted in an open and public meeting the
need to create or amend a project area plan on an expedited basis, which resolution shall
include a description of why expedited action is needed;
(b) a public hearing on the amendment or adoption of the project area plan is held by
the agency;
(c) notice of the public hearing is published at least 14 days before the 
day of the
 public
hearing [
on:
] 
for the community that created the agency, as a class A notice under Section
63G-28-102
, for at least 14 days;
[
(i) the website of the community that created the agency; and
]
[
(ii) the Utah Public Notice Website created in Section 
63A-16-601
;
]
(d) written consent to the amendment or adoption of the project area plan is given by
all record property owners within the existing or proposed project area;
(e) each taxing entity that will be affected by the tax increment incentive enters into or
amends an interlocal agreement in accordance with Title 11, Chapter 13, Interlocal Cooperation
Act, and Sections 
17C-4-201
, 
17C-4-203
, and 
17C-4-204
;
(f) the primary market for the goods or services that will be created by the industry or
business entity that will receive a tax increment incentive from the amendment or adoption of
the project area plan is outside of the state;
(g) the industry or business entity that will receive a tax increment incentive from the
amendment or adoption of the project area plan is not primarily engaged in retail trade; and
(h) a tax increment incentive is only provided to an industry or business entity:
(i) on a postperformance basis as described in Subsection (3); and
(ii) on an annual basis after the tax increment is received by the agency.
(3) An industry or business entity may only receive a tax increment incentive under this
section after entering into an agreement with the agency that sets postperformance targets that
shall be met before the industry or business entity may receive the tax increment incentive,
including annual targets for:
(a) capital investment in the project area;
(b) the increase in the taxable value of the project area;
(c) the number of new jobs created in the project area;
(d) the average wages of the jobs created, which shall be at least 110% of the
prevailing wage of the county where the project area is located; and
(e) the amount of local vendor opportunity generated by the industry or business entity.
Section 122. Section 
17C-4-202
 is amended to read:
17C-4-202.
Resolution or interlocal agreement to provide project area funds for
the community development project area plan -- Notice -- Effective date of resolution or
interlocal agreement -- Time to contest resolution or interlocal agreement -- Availability
of resolution or interlocal agreement.
(1) The approval and adoption of each resolution or interlocal agreement under
Subsection 
17C-4-201
(2) shall be in an open and public meeting.
(2) (a) Upon the adoption of a resolution or interlocal agreement under Section
17C-4-201
, the agency shall provide notice as provided in Subsection (2)(b) by[
:
] 
publishing
notice for the agency's jurisdiction, as a class A notice under Section 
63G-28-102
, for 30 days.
[
(i) causing a notice to be posted in at least three public places within the agency's
boundaries; and
]
[
(ii) posting or causing to be posted a notice on the Utah Public Notice Website created
in Section 
63A-16-601
.
]
(b) Each notice under Subsection (2)(a) shall:
(i) set forth a summary of the resolution or interlocal agreement; and
(ii) include a statement that the resolution or interlocal agreement is available for
public inspection and the hours of inspection.
(3) The resolution or interlocal agreement shall become effective [
on the date of the
posting of the notice under Subsection (2)(a)
] 
at the end of the 30-day period described in
Subsection (2)(a)
.
(4) (a) For a period of 30 days after the effective date of the resolution or interlocal
agreement under Subsection (3), any person may contest the resolution or interlocal agreement
or the procedure used to adopt the resolution or interlocal agreement if the resolution or
interlocal agreement or procedure fails to comply with applicable statutory requirements.
(b) After the 30-day period under Subsection (4)(a) expires, a person may not contest:
(i) the resolution or interlocal agreement;
(ii) a distribution of tax increment to the agency under the resolution or interlocal
agreement; or
(iii) the agency's use of project area funds under the resolution or interlocal agreement.
(5) Each agency that is to receive project area funds under a resolution or interlocal
agreement under Section 
17C-4-201
 and each taxing entity that approves a resolution or enters
into an interlocal agreement under Section 
17C-4-201
 shall make the resolution or interlocal
agreement, as the case may be, available at the taxing entity's offices to the public for
inspection and copying during normal business hours.
Section 123. Section 
17C-5-110
 is amended to read:
17C-5-110.
Notice of community reinvestment project area plan adoption --
Effective date of plan -- Contesting the formation of the plan.
(1) (a) Upon a community legislative body's adoption of a community reinvestment
project area plan in accordance with Section 
17C-5-109
, or an amendment to a community
reinvestment project area plan in accordance with Section 
17C-5-112
, the community
legislative body shall provide notice of the adoption or amendment in accordance with
Subsection (1)(b) by[
:
] 
publishing notice for the community, as a class A notice under Section
63G-28-102
, for 30 days.
[
(i) causing a notice to be posted in at least three public places within the community;
and
]
[
(ii) posting a notice on the Utah Public Notice Website described in Section
63A-16-601
.
]
(b) A notice described in Subsection (1)(a) shall include:
(i) a copy of the community legislative body's ordinance, or a summary of the
ordinance, that adopts the community reinvestment project area plan; and
(ii) a statement that the community reinvestment project area plan is available for
public inspection and the hours for inspection.
(2) A community reinvestment project area plan is effective [
on the day on which
notice of adoption is published or posted in accordance with Subsection (1)(a)
] 
at the end of the
30-day period described in Subsection (1)(a)
.
(3) A community reinvestment project area is considered created the day on which the
community reinvestment project area plan becomes effective as described in Subsection (2).
(4) (a) Within 30 days after the day on which a community reinvestment project area
plan is effective, a person may contest the community reinvestment project area plan or the
procedure used to adopt the community reinvestment project area plan if the community
reinvestment project area plan or the procedure fails to comply with a provision of this title.
(b) After the 30-day period described in Subsection (4)(a) expires, a person may not
contest the community reinvestment project area plan or the procedure used to adopt the
community reinvestment project area plan.
(5) Upon adoption of a community reinvestment project area plan by the community
legislative body, the agency may implement the community reinvestment project area plan.
(6) The agency shall make the community reinvestment project area plan available to
the public at the agency's office during normal business hours.
Section 124. Section 
17C-5-113
 is amended to read:
17C-5-113.
Expedited community reinvestment project area plan -- Hearing and
notice requirements.
(1) As used in this section:
(a) "Qualified business entity" means a business entity that:
(i) has a primary market for the qualified business entity's goods or services outside of
the state; and
(ii) is not primarily engaged in retail sales.
(b) "Tax increment incentive" means the portion of an agency's tax increment that is
paid to a qualified business entity for the purpose of implementing a community reinvestment
project area plan.
(2) An agency and a qualified business entity may, in accordance with Subsection (3),
enter into an agreement that allows the qualified business entity to receive a tax increment
incentive.
(3) An agreement described in Subsection (2) shall set annual postperformance targets
for:
(a) capital investment within the community reinvestment project area;
(b) the number of new jobs created within the community reinvestment project area;
(c) the average wage of the jobs described in Subsection (3)(b) that is at least 110% of
the prevailing wage of the county within which the community reinvestment project area is
located; and
(d) the amount of local vendor opportunity generated by the qualified business entity.
(4) A qualified business entity may only receive a tax increment incentive:
(a) if the qualified business entity complies with the agreement described in Subsection
(3);
(b) on a postperformance basis; and
(c) on an annual basis after the agency receives tax increment from a taxing entity.
(5) An agency may create or amend a community reinvestment project area plan for the
purpose of providing a tax increment incentive without complying with the requirements
described in Chapter 1, Part 8, Hearing and Notice Requirements, if:
(a) the agency:
(i) holds a public hearing to consider the need to create or amend a community
reinvestment project area plan on an expedited basis;
(ii) [
posts
] 
publishes
 notice 
for the community, as a class A notice under Section
63G-28-102
, for
 at least 14 days before the day on which the public hearing described in
Subsection (5)(a)(i) is held [
on:
]
; and
[
(A) the community's website; and
]
[
(B) the Utah Public Notice Website as described in Section 
63A-16-601
; and
]
(iii) at the hearing described in Subsection (5)(a)(i), adopts a resolution to create or
amend the community reinvestment project area plan on an expedited basis;
(b) all record property owners within the existing or proposed community reinvestment
project area plan give written consent; and
(c) each taxing entity affected by the tax increment incentive consents and enters into
an interlocal agreement with the agency authorizing the agency to pay a tax increment incentive
to the qualified business entity.
Section 125. Section 
17C-5-205
 is amended to read:
17C-5-205.
Interlocal agreement to provide project area funds for the community
reinvestment project area subject to interlocal agreement -- Notice -- Effective date of
interlocal agreement -- Time to contest interlocal agreement -- Availability of interlocal
agreement.
(1) An agency shall:
(a) approve and adopt an interlocal agreement described in Section 
17C-5-204
 at an
open and public meeting; and
(b) provide a notice of the meeting titled "Diversion of Property Tax for a Community
Reinvestment Project Area."
(2) (a) Upon the execution of an interlocal agreement described in Section 
17C-5-204
,
the agency shall provide notice of the execution by[
:
] 
publishing the notice for the agency's
jurisdiction, as a class A notice under Section 
63G-28-102
, for 30 days.
[
(i) causing the notice to be posted in at least three public places within the agency's
boundaries; and
]
[
(ii) posting the notice or causing the notice to be posted on the Utah Public Notice
Website created in Section 
63A-16-601
.
]
(b) A notice described in Subsection (2)(a) shall include:
(i) a summary of the interlocal agreement; and
(ii) a statement that the interlocal agreement:
(A) is available for public inspection and the hours for inspection; and
(B) authorizes the agency to receive all or a portion of a taxing entity's tax increment or
sales and use tax revenue.
(3) An interlocal agreement described in Section 
17C-5-204
 is effective [
the day on
which the notice described in Subsection (2) is posted in accordance with Subsection (2)(a)
] 
at
the end of the 30-day period described in Subsection (2)(a)
.
(4) (a) Within 30 days after the day on which the interlocal agreement is effective, a
person may contest the interlocal agreement or the procedure used to adopt the interlocal
agreement if the interlocal agreement or procedure fails to comply with a provision of this title.
(b) After the 30-day period described in Subsection (4)(a) expires, a person may not
contest:
(i) the interlocal agreement;
(ii) a distribution of tax increment to the agency under the interlocal agreement; or
(iii) the agency's use of project area funds under the interlocal agreement.
(5) A taxing entity that enters into an interlocal agreement under Section 
17C-5-204
shall make a copy of the interlocal agreement available to the public at the taxing entity's office
for inspection and copying during normal business hours.
Section 126. Section 
17D-3-305
 is amended to read:
17D-3-305.
Setting the date of nomination of the board of supervisors -- Notice
requirements.
(1) The commission shall set the date of the nomination of members of the board of
supervisors of a conservation district.
(2) The commission shall publish notice of the nomination day described in Subsection
(1):
[
(a) (i) in a newspaper of general circulation within the conservation district at least
once, no later than four weeks before the day of the nomination; or
]
[
(ii) if there is no newspaper of general circulation in the conservation district, at least
four weeks before the nomination day, by posting one notice, and at least one additional notice
per 2,000 population of the conservation district, in places within the conservation district that
are most likely to give notice to the residents in the conservation district;
]
[
(b)
] 
(a)
 [
on the Utah Public Notice Website created in Section 
63A-16-601
,
] 
for the
conservation district, as a class A notice under Section 
63G-28-102
,
 for four weeks before the
day of the nomination; 
and
[
(c)
] 
(b)
 in accordance with Section 
45-1-101
, for four weeks before the day of the
nomination[
; and
]
.
[
(d) if the conservation district has a website, on the conservation district's website for
four weeks before the day of the nomination.
]
(3) The commissioner shall appoint the board of members by no later than six weeks
after the date set by the commission for the close of nominations.
(4) The notice required under Subsection (2) shall state:
(a) the nomination date; and
(b) the number of open board member positions for the conservation district.
Section 127. Section 
19-2-109
 is amended to read:
19-2-109.
Air quality standards -- Hearings on adoption -- Notice requirements --
Orders of director -- Adoption of emission control requirements.
(1) (a) The board, in adopting standards of quality for ambient air, shall conduct public
hearings.
(b) Notice of any public hearing for the consideration, adoption, or amendment of air
quality standards shall specify the locations to which the proposed standards apply and the
time, date, and place of the hearing.
(c) The notice shall be:
(i) [
(A)
] published [
at least twice in any newspaper of general circulation in
] 
for
 the
area affected
, as a class A notice under Section 
63G-28-102
, for at least 20 days
; and
[
(B) published on the Utah Public Notice Website created in Section 
63A-16-601
, at
least 20 days before the public hearing; and
]
(ii) mailed at least 20 days before the public hearing to the chief executive of each
political subdivision of the area affected and to other persons the director has reason to believe
will be affected by the standards.
(d) The adoption of air quality standards or any modification or changes to air quality
standards shall be by order of the director following formal action of the board with respect to
the standards.
(e) The order shall be published:
(i) [
in a newspaper of general circulation in
] 
for
 the area affected
, as a class A notice
under Section 
63G-28-102
, for at least 20 days
; and
(ii) as required in Section 
45-1-101
.
(2) (a) The board may establish emission control requirements by rule that in its
judgment may be necessary to prevent, abate, or control air pollution that may be statewide or
may vary from area to area, taking into account varying local conditions.
(b) In adopting these requirements, the board shall give notice and conduct public
hearings in accordance with the requirements in Subsection (1).
Section 128. Section 
20A-1-206
 is amended to read:
20A-1-206.
Cancellation of local election or local race -- Municipalities -- Local
districts -- Notice.
(1) As used in this section:
(a) "Contested race" means a race in a general election where the number of
candidates, including any eligible write-in candidates, exceeds the number of offices to be
filled in the race.
(b) "Election" means an event, run by an election officer, that includes one or more
races for public office or one or more ballot propositions.
(c) (i) "Race" means a contest between candidates to obtain the number of votes
necessary to take a particular public office.
(ii) "Race," as the term relates to a contest for an at-large position, includes all open
positions for the same at-large office.
(iii) "Race," as the term relates to a contest for a municipal council position that is not
an at-large position, includes only the contest to represent a particular district on the council.
(2) A municipal legislative body may cancel a local election if:
(a) the ballot for the local election will not include any contested races or ballot
propositions; and
(b) the municipal legislative body passes, no later than 20 days before the day of the
scheduled election, a resolution that cancels the election and certifies that:
(i) the ballot for the election would not include any contested races or ballot
propositions; and
(ii) the candidates who qualified for the ballot are considered elected.
(3) A municipal legislative body may cancel a race in a local election if:
(a) the ballot for the race will not include any contested races or ballot propositions;
and
(b) the municipal legislative body passes, no later than 20 days before the day of the
scheduled election, a resolution that cancels the race and certifies that:
(i) the ballot for the race would not include any contested races or ballot propositions;
and
(ii) the candidate for the race is considered elected.
(4) A municipal legislative body that cancels a local election in accordance with
Subsection (2) shall give notice that the election is cancelled by:
(a) subject to Subsection (8), providing notice to the lieutenant governor's office to be
posted on the Statewide Electronic Voter Information Website described in Section 
20A-7-801
,
for 15 consecutive days before the day of the scheduled election; 
and
(b) providing notice for the municipality, as a class A notice under Section
63G-28-102
, for at least 15 days before the day of the scheduled election.
[
(b) if the municipality has a public website, posting notice on the municipality's public
website for 15 days before the day of the scheduled election;
]
[
(c) if the elected officials or departments of the municipality regularly publish a
printed or electronic newsletter or other periodical, publishing notice in the next scheduled
newsletter or other periodical published before the day of the scheduled election;
]
[
(d) (i) publishing notice at least twice in a newspaper of general circulation in the
municipality before the day of the scheduled election;
]
[
(ii) at least 10 days before the day of the scheduled election, posting one notice, and at
least one additional notice per 2,000 population within the municipality, in places within the
municipality that are most likely to give notice to the voters in the municipality, subject to a
maximum of 10 notices; or
]
[
(iii) at least 10 days before the day of the scheduled election, mailing notice to each
registered voter in the municipality; and
]
[
(e) posting notice on the Utah Public Notice Website, created in Section 
63A-16-601
,
for at least 10 days before the day of the scheduled election.
]
(5) A local district board may cancel a local election if:
(a) the ballot for the local election will not include any contested races or ballot
propositions; and
(b) the local district board passes, no later than 20 days before the day of the scheduled
election, a resolution that cancels the election and certifies that:
(i) the ballot for the election would not include any contested races or ballot
propositions; and
(ii) the candidates who qualified for the ballot are considered elected.
(6) A local district board may cancel a local district race if:
(a) the race is uncontested; and
(b) the local district board passes, no later than 20 days before the day of the scheduled
election, a resolution that cancels the race and certifies that the candidate who qualified for the
ballot for that race is considered elected.
(7) A local district that cancels a local election in accordance with Subsection (5) shall
provide notice that the election is cancelled:
(a) subject to Subsection (8), by posting notice on the Statewide Electronic Voter
Information Website described in Section 
20A-7-801
, for 15 consecutive days before the day of
the scheduled election; 
and
(b) as a class A notice under Section 
63G-28-102
, for at least 15 days before the day of
the scheduled election.
[
(b) if the local district has a public website, by posting notice on the local district's
public website for 15 days before the day of the scheduled election;
]
[
(c) if the local district publishes a newsletter or other periodical, by publishing notice
in the next scheduled newsletter or other periodical published before the day of the scheduled
election;
]
[
(d) (i) by publishing notice at least twice in a newspaper of general circulation in the
local district before the scheduled election;
]
[
(ii) at least 10 days before the day of the scheduled election, by posting one notice,
and at least one additional notice per 2,000 population of the local district, in places within the
local district that are most likely to give notice to the voters in the local district, subject to a
maximum of 10 notices; or
]
[
(iii) at least 10 days before the day of the scheduled election, by mailing notice to each
registered voter in the local district; and
]
[
(e) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for at least 10 days before the day of the scheduled election.
]
(8) A municipal legislative body that posts a notice in accordance with Subsection
(4)(a) or a local district that posts a notice in accordance with Subsection (7)(a) is not liable for
a notice that fails to post due to technical or other error by the publisher of the Statewide
Electronic Voter Information Website.
Section 129. Section 
20A-1-512
 is amended to read:
20A-1-512.
Midterm vacancies on local district boards -- Notice.
(1) (a) When a vacancy occurs on any local district board for any reason, the following
shall appoint a replacement to serve out the unexpired term in accordance with this section:
(i) the local district board, if the person vacating the position was elected; or
(ii) the appointing authority, as that term is defined in Section 
17B-1-102
, if the
appointing authority appointed the person vacating the position.
(b) Except as provided in Subsection (1)(c) or (d), before acting to fill the vacancy, the
local district board or appointing authority shall:
(i) give public notice of the vacancy 
for
 at least two weeks before the local district
board or appointing authority meets to fill the vacancy by[
:
] 
publishing the notice, as a class A
notice under Section 
63G-28-102
, for the local district; and
[
(A) if there is a newspaper of general circulation, as that term is defined in Section
45-1-201
, within the district, publishing the notice in the newspaper of general circulation;
]
[
(B) posting the notice in three public places within the local district; and
]
[
(C) posting on the Utah Public Notice Website created under Section 
63A-16-601
;
and
]
(ii) identify, in the notice:
(A) the date, time, and place of the meeting where the vacancy will be filled;
(B) the individual to whom an individual who is interested in an appointment to fill the
vacancy may submit the individual's name for consideration; and
(C) any submission deadline.
(c) An appointing authority is not subject to Subsection (1)(b) if:
(i) the appointing authority appoints one of the appointing authority's own members;
and
(ii) that member meets all applicable statutory board member qualifications.
(d) When a vacancy occurs on the board of a water conservancy district located in
more than one county:
(i) the board shall give notice of the vacancy to the county legislative bodies that
nominated the vacating trustee as provided in Section 
17B-2a-1005
;
(ii) the county legislative bodies described in Subsection (1)(d)(i) shall collectively
compile a list of three nominees to fill the vacancy; and
(iii) the governor shall, with the advice and consent of the Senate, appoint an
individual to fill the vacancy from nominees submitted as provided in Subsection
17B-2a-1005
(2)(c).
(2) If the local district board fails to appoint an individual to complete an elected board
member's term within 90 days, the legislative body of the county or municipality that created
the local district shall fill the vacancy in accordance with the procedure for a local district
described in Subsection (1)(b).
Section 130. Section 
20A-3a-604
 is amended to read:
20A-3a-604.
Notice of time and place of early voting.
(1) Except as provided in Section 
20A-1-308
 or Subsection 
20A-3a-603
(2), the
election officer shall, 
for
 at least [
] 
 days before the date of the election, provide notice of
the dates, times, and locations of early voting[
:
] 
by publishing notice for the county, as a class
A notice under Section 
63G-28-102
.
[
(a) (i) by publishing notice in at least one issue of a newspaper of general circulation
in the county;
]
[
(ii) by posting one notice, and at least one additional notice per 2,000 population of
the county, in places within the county that are most likely to give notice to the residents in the
county, subject to a maximum of 10 notices; or
]
[
(iii) by mailing notice to each registered voter in the county;
]
[
(b) by posting notice at each early voting polling place;
]
[
(c) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for 19 days before the day of the election; and
]
[
(d) by posting notice on the county's website for 19 days before the day of the
election.
]
(2) Instead of specifying all dates, times, and locations of early voting, a notice
required under Subsection (1) may specify the following sources where a voter may view or
obtain a copy of all dates, times, and locations of early voting:
(a) the county's website;
(b) the physical address of the county's offices; and
(c) a mailing address and telephone number.
(3) The election officer shall include in the notice described in Subsection (1):
(a) the address of the Statewide Electronic Voter Information Website and, if available,
the address of the election officer's website, with a statement indicating that the election officer
will post on the website the location of each early voting polling place, including any changes
to the location of an early voting polling place and the location of additional early voting
polling places; and
(b) a phone number that a voter may call to obtain information regarding the location
of an early voting polling place.
Section 131. Section 
20A-4-104
 is amended to read:
20A-4-104.
Counting ballots electronically -- Notice of testing tabulating
equipment.
(1) (a) Before beginning to count ballots using automatic tabulating equipment, the
election officer shall test the automatic tabulating equipment to ensure that it will accurately
count the votes cast for all offices and all measures.
(b) The election officer shall provide public notice of the time and place of the test[
:
]
by publishing the notice, as a class A notice under Section 
63G-28-102
, for the county,
municipality, or jurisdiction where the equipment is used, for at least 10 days before the day of
the test.
[
(i) (A) by publishing notice at least 48 hours before the test in a newspaper of general
circulation in the county, municipality, or jurisdiction where the equipment is used;
]
[
(B) at least 10 days before the day of the test, by posting one notice, and at least one
additional notice per 2,000 population of the county, municipality, or jurisdiction, in places
within the county, municipality, or jurisdiction that are most likely to give notice to the voters
in the county, municipality, or jurisdiction, subject to a maximum of 10 notices; or
]
[
(C) at least 10 days before the day of the test, by mailing notice to each registered
voter in the county, municipality, or jurisdiction where the equipment is used;
]
[
(ii) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for four weeks before the day of the test; and
]
[
(iii) if the county, municipality, or jurisdiction has a website, by posting notice on the
website for four weeks before the day of the test.
]
(c) The election officer shall conduct the test by processing a preaudited group of
ballots.
(d) The election officer shall ensure that:
(i) a predetermined number of valid votes for each candidate and measure are recorded
on the ballots;
(ii) for each office, one or more ballots have votes in excess of the number allowed by
law in order to test the ability of the automatic tabulating equipment to reject those votes; and
(iii) a different number of valid votes are assigned to each candidate for an office, and
for and against each measure.
(e) If any error is detected, the election officer shall determine the cause of the error
and correct it.
(f) The election officer shall ensure that:
(i) the automatic tabulating equipment produces an errorless count before beginning
the actual counting; and
(ii) the automatic tabulating equipment passes the same test at the end of the count
before the election returns are approved as official.
(2) (a) The election officer or the election officer's designee shall supervise and direct
all proceedings at the counting center.
(b) (i) Proceedings at the counting center are public and may be observed by interested
persons.
(ii) Only those persons authorized to participate in the count may touch any ballot or
return.
(c) The election officer shall deputize and administer an oath or affirmation to all
persons who are engaged in processing and counting the ballots that they will faithfully
perform their assigned duties.
(3) (a) If any ballot is damaged or defective so that it cannot properly be counted by the
automatic tabulating equipment, the election officer shall ensure that two counting judges
jointly:
(i) make a true replication of the ballot with an identifying serial number;
(ii) substitute the replicated ballot for the damaged or defective ballot;
(iii) label the replicated ballot "replicated"; and
(iv) record the replicated ballot's serial number on the damaged or defective ballot.
(b) The lieutenant governor shall provide to each election officer a standard form on
which the election officer shall maintain a log of all replicated ballots, that includes, for each
ballot:
(i) the serial number described in Subsection (3)(a);
(ii) the identification of the individuals who replicated the ballot;
(iii) the reason for the replication; and
(iv) any other information required by the lieutenant governor.
(c) An election officer shall:
(i) maintain the log described in Subsection (3)(b) in a complete and legible manner, as
ballots are replicated;
(ii) at the end of each day during which one or more ballots are replicated, make an
electronic copy of the log; and
(iii) keep each electronic copy made under Subsection (3)(c)(ii) for at least 22 months.
(4) The election officer may:
(a) conduct an unofficial count before conducting the official count in order to provide
early unofficial returns to the public;
(b) release unofficial returns from time to time after the polls close; and
(c) report the progress of the count for each candidate during the actual counting of
ballots.
(5) Beginning on the day after the date of the election, if an election officer releases
early unofficial returns or reports the progress of the count for each candidate under Subsection
(4), the election officer shall, with each release or report, disclose an estimate of the total
number of voted ballots in the election officer's custody that have not yet been counted.
(6) The election officer shall review and evaluate the provisional ballot envelopes and
prepare any valid provisional ballots for counting as provided in Section 
20A-4-107
.
(7) (a) The election officer or the election officer's designee shall:
(i) separate, count, and tabulate any ballots containing valid write-in votes; and
(ii) complete the standard form provided by the clerk for recording valid write-in votes.
(b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast
more votes for an office than that voter is entitled to vote for that office, the poll workers shall
count the valid write-in vote as being the obvious intent of the voter.
(8) (a) The election officer shall certify the return printed by the automatic tabulating
equipment, to which have been added write-in and absentee votes, as the official return of each
voting precinct.
(b) Upon completion of the count, the election officer shall make official returns open
to the public.
(9) If for any reason it becomes impracticable to count all or a part of the ballots with
tabulating equipment, the election officer may direct that they be counted manually according
to the procedures and requirements of this part.
(10) After the count is completed, the election officer shall seal and retain the
programs, test materials, and ballots as provided in Section 
20A-4-202
.
Section 132. Section 
20A-4-304
 is amended to read:
20A-4-304.
Declaration of results -- Canvassers' report.
(1) Each board of canvassers shall:
(a) except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project,
declare "elected" or "nominated" those persons who:
(i) had the highest number of votes; and
(ii) sought election or nomination to an office completely within the board's
jurisdiction;
(b) declare:
(i) "approved" those ballot propositions that:
(A) had more "yes" votes than "no" votes; and
(B) were submitted only to the voters within the board's jurisdiction; or
(ii) "rejected" those ballot propositions that:
(A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
votes; and
(B) were submitted only to the voters within the board's jurisdiction;
(c) certify the vote totals for persons and for and against ballot propositions that were
submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
the lieutenant governor; and
(d) if applicable, certify the results of each local district election to the local district
clerk.
(2) As soon as the result is declared, the election officer shall prepare a report of the
result, which shall contain:
(a) the total number of votes cast in the board's jurisdiction;
(b) the names of each candidate whose name appeared on the ballot;
(c) the title of each ballot proposition that appeared on the ballot;
(d) each office that appeared on the ballot;
(e) from each voting precinct:
(i) the number of votes for each candidate;
(ii) for each race conducted by instant runoff voting under Part 6, Municipal Alternate
Voting Methods Pilot Project, the number of valid votes cast for each candidate for each
potential ballot-counting phase and the name of the candidate excluded in each ballot-counting
phase; and
(iii) the number of votes for and against each ballot proposition;
(f) the total number of votes given in the board's jurisdiction to each candidate, and for
and against each ballot proposition;
(g) the number of ballots that were rejected; and
(h) a statement certifying that the information contained in the report is accurate.
(3) The election officer and the board of canvassers shall:
(a) review the report to ensure that it is correct; and
(b) sign the report.
(4) The election officer shall:
(a) record or file the certified report in a book kept for that purpose;
(b) prepare and transmit a certificate of nomination or election under the officer's seal
to each nominated or elected candidate;
(c) publish a copy of the certified report in accordance with Subsection (5); and
(d) file a copy of the certified report with the lieutenant governor.
(5) Except as provided in Subsection (6), the election officer shall, no later than seven
days after the day on which the board of canvassers declares the election results, publicize the
certified report described in Subsection (2)[
:
] 
for the jurisdiction, as a class A notice under
Section 
63G-28-102
, for at least seven days.
[
(a) (i) by publishing notice at least once in a newspaper of general circulation within
the jurisdiction;
]
[
(ii) by posting one notice, and at least one additional notice per 2,000 population of
the jurisdiction, in places within the jurisdiction that are most likely to give notice to the
residents of the jurisdiction, subject to a maximum of 10 notices; or
]
[
(iii) by mailing notice to each residence within the jurisdiction;
]
[
(b) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for one week; and
]
[
(c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
one week.
]
(6) Instead of including a copy of the entire certified report, a notice required under
Subsection (5) may contain a statement that:
(a) includes the following: "The Board of Canvassers for [indicate name of
jurisdiction] has prepared a report of the election results for the [indicate type and date of
election]."; and
(b) specifies the following sources where an individual may view or obtain a copy of
the entire certified report:
(i) if the jurisdiction has a website, the jurisdiction's website;
(ii) the physical address for the jurisdiction; and
(iii) a mailing address and telephone number.
(7) When there has been a regular general or a statewide special election for statewide
officers, for officers that appear on the ballot in more than one county, or for a statewide or two
or more county ballot proposition, each board of canvassers shall:
(a) prepare a separate report detailing the number of votes for each candidate and the
number of votes for and against each ballot proposition; and
(b) transmit the separate report by registered mail to the lieutenant governor.
(8) In each county election, municipal election, school election, local district election,
and local special election, the election officer shall transmit the reports to the lieutenant
governor within 14 days after the date of the election.
(9) In a regular primary election and in a presidential primary election, the board shall
transmit to the lieutenant governor:
(a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
governor not later than the second Tuesday after the election; and
(b) a complete tabulation showing voting totals for all primary races, precinct by
precinct, to be mailed to the lieutenant governor on or before the third Friday following the
primary election.
Section 133. Section 
20A-5-101
 is amended to read:
20A-5-101.
Notice of election.
(1) On or before November 15 in the year before each regular general election year, the
lieutenant governor shall prepare and transmit a written notice to each county clerk that:
(a) designates the offices to be filled at the next year's regular general election;
(b) identifies the dates for filing a declaration of candidacy, and for submitting and
certifying nomination petition signatures, as applicable, under Sections 
20A-9-403
, 
20A-9-407
,
and 
20A-9-408
 for those offices; and
(c) contains a description of any ballot propositions to be decided by the voters that
have qualified for the ballot as of that date.
(2) (a) No later than seven business days after the day on which the lieutenant governor
transmits the written notice described in Subsection (1), each county clerk shall provide notice
for the county, as a class A notice under Section 
63G-28-102
, 
for seven days before the day of
the election and
 in accordance with Subsection (3)[
:
]
.
[
(i) by posting notice in a conspicuous place most likely to give notice of the election
to the voters in each voting precinct within the county;
]
[
(ii) (A) by publishing notice in a newspaper of general circulation in the county;
]
[
(B) by posting one notice, and at least one additional notice per 2,000 population of
the county, in places within the county that are most likely to give notice of the election to the
voters in the county, subject to a maximum of 10 notices; or
]
[
(C) by mailing notice to each registered voter in the county;
]
[
(iii) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for seven days before the day of the election; and
]
[
(iv) by posting notice on the county's website for seven days before the day of the
election.
]
(b) The county clerk shall prepare an affidavit of the posting under Subsection
[
(2)(a)(i)
] 
(2)(a)
, showing a copy of the notice and the places where the notice was posted.
(3) The notice described in Subsection (2) shall:
(a) designate the offices to be voted on in that election; and
(b) identify the dates for filing a declaration of candidacy for those offices.
(4) Except as provided in Subsection (6), before each election, the election officer shall
give printed notice of the following information:
(a) the date of election;
(b) the hours during which the polls will be open;
(c) the polling places for each voting precinct, early voting polling place, and election
day voting center;
(d) the address of the Statewide Electronic Voter Information Website and, if available,
the address of the election officer's website, with a statement indicating that the election officer
will post on the website any changes to the location of a polling place and the location of any
additional polling place;
(e) a phone number that a voter may call to obtain information regarding the location of
a polling place; and
(f) the qualifications for persons to vote in the election.
(5) The election officer shall provide the notice described in Subsection (4)[
:
] 
for the
jurisdiction, as a class A notice under Section 
63G-28-102
, for at least seven days before the
day of the election.
[
(a) (i) by publishing the notice in a newspaper of general circulation in the jurisdiction
to which the election pertains, at least two days before the day of the election;
]
[
(ii) at least two days before the day of the election, by posting one notice, and at least
one additional notice per 2,000 population of the jurisdiction, in places within the jurisdiction
that are most likely to give notice of the election to the voters in the jurisdiction, subject to a
maximum of 10 notices; or
]
[
(iii) by mailing the notice to each registered voter who resides in the jurisdiction to
which the election pertains at least five days before the day of the election;
]
[
(b) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for two days before the day of the election; and
]
[
(c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
two days before the day of the election.
]
(6) Instead of including the information described in Subsection (4) in the notice, the
election officer may give printed notice that:
(a) is entitled "Notice of Election";
(b) includes the following: "A [indicate election type] will be held in [indicate the
jurisdiction] on [indicate date of election]. Information relating to the election, including
polling places, polling place hours, and qualifications of voters may be obtained from the
following sources:"; and
(c) specifies the following sources where an individual may view or obtain the
information described in Subsection (4):
(i) if the jurisdiction has a website, the jurisdiction's website;
(ii) the physical address of the jurisdiction offices; and
(iii) a mailing address and telephone number.
Section 134. Section 
20A-5-403.5
 is amended to read:
20A-5-403.5.
Ballot drop boxes -- Notice.
(1) An election officer:
(a) shall designate at least one ballot drop box in each municipality and reservation
located in the jurisdiction to which the election relates;
(b) may designate additional ballot drop boxes for the election officer's jurisdiction;
(c) shall clearly mark each ballot drop box as an official ballot drop box for the election
officer's jurisdiction;
(d) shall provide 24-hour video surveillance of each unattended ballot drop box; and
(e) shall post a sign on or near each unattended ballot drop box indicating that the
ballot drop box is under 24-hour video surveillance.
(2) Except as provided in Section 
20A-1-308
 or Subsection (5), the election officer
shall, at least [
] 
 days before the date of the election, provide notice of the location of each
ballot drop box designated under Subsection (1)[
:
]
, by publishing notice for the jurisdiction
holding the election, as a class A notice under Section 
63G-28-102
, for at least 28 days before
the day of the election.
[
(a) (i) by publishing notice in at least one issue of a newspaper of general circulation
in the jurisdiction holding the election;
]
[
(ii) by posting one notice, and at least one additional notice per 2,000 population of
the jurisdiction holding the election, in places within the jurisdiction that are most likely to give
notice to the residents in the jurisdiction, subject to a maximum of 10 notices; or
]
[
(iii) by mailing notice to each registered voter in the jurisdiction holding the election;
]
[
(b) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for 19 days before the day of the election; and
]
[
(c) by posting notice on the jurisdiction's website for 19 days before the day of the
election.
]
(3) Instead of including the location of ballot drop boxes, a notice required under
Subsection (2) may specify the following sources where a voter may view or obtain a copy of
all ballot drop box locations:
(a) the jurisdiction's website;
(b) the physical address of the jurisdiction's offices; and
(c) a mailing address and telephone number.
(4) The election officer shall include in the notice described in Subsection (2):
(a) the address of the Statewide Electronic Voter Information Website and, if available,
the address of the election officer's website, with a statement indicating that the election officer
will post on the website the location of each ballot drop box, including any changes to the
location of a ballot drop box and the location of additional ballot drop boxes; and
(b) a phone number that a voter may call to obtain information regarding the location
of a ballot drop box.
(5) (a) Except as provided in Section 
20A-1-308
, the election officer may, after the
deadline described in Subsection (2):
(i) if necessary, change the location of a ballot drop box; or
(ii) if the election officer determines that the number of ballot drop boxes is
insufficient due to the number of registered voters who are voting, designate additional ballot
drop boxes.
(b) Except as provided in Section 
20A-1-308
, if an election officer changes the
location of a ballot box or designates an additional ballot drop box location, the election officer
shall, as soon as is reasonably possible, give notice of the changed ballot drop box location or
the additional ballot drop box location:
(i) to the lieutenant governor, for posting on the Statewide Voter Information Website;
(ii) by posting the information on the website of the election officer, if available; and
(iii) by posting notice:
(A) for a change in the location of a ballot drop box, at the new location and, if
possible, the old location; and
(B) for an additional ballot drop box location, at the additional ballot drop box
location.
(6) An election officer may, at any time, authorize two or more poll workers to remove
a ballot drop box from a location, or to remove ballots from a ballot drop box for processing.
(7) (a) At least two poll workers must be present when a poll worker collects ballots
from a ballot drop box and delivers the ballots to the location where the ballots will be opened
and counted.
(b) An election officer shall ensure that the chain of custody of ballots placed in a
ballot box are recorded and tracked from the time the ballots are removed from the ballot box
until the ballots are delivered to the location where the ballots will be opened and counted.
Section 135. Section 
20A-5-405
 is amended to read:
20A-5-405.
Election officer to provide ballots -- Notice of sample ballot.
(1) An election officer shall:
(a) provide ballots for every election of public officers in which the voters, or any of
the voters, within the election officer's jurisdiction participate;
(b) cause the name of every candidate whose nomination has been certified to or filed
with the election officer in the manner provided by law to be included on each ballot;
(c) cause any ballot proposition that has qualified for the ballot as provided by law to
be included on each ballot;
(d) ensure that the ballots are prepared and in the possession of the election officer
before commencement of voting;
(e) allow candidates and their agents and the sponsors of ballot propositions that have
qualified for the official ballot to inspect the ballots;
(f) no later than 45 days before the day of the election, make sample ballots available
for inspection, in the same form as official ballots and that contain the same information as
official ballots, by:
(i) posting a copy of the sample ballot in the election officer's office;
(ii) sending a copy of the sample ballot to:
(A) each candidate listed on the ballot; and
(B) the lieutenant governor; 
and
(iii) providing a copy of the sample ballot for the jurisdiction holding the election, as a
class A notice under Section 
63G-28-102
, for at least seven days;
[
(iii) (A) posting one copy of the sample ballot, and at least one additional copy of the
sample ballot per 2,000 population of the jurisdiction, in places within the jurisdiction that are
most likely to give notice to the voters in the jurisdiction, subject to a maximum of 10 notices;
or
]
[
(B) mailing a copy of the sample ballot to each registered voter who resides in the
jurisdiction holding the election;
]
[
(iv) posting a copy of the sample ballot on the Utah Public Notice Website, created in
Section 
63A-16-601
; and
]
[
(v) if the jurisdiction has a website, posting a copy of the sample ballot on the
jurisdiction's website;
]
(g) deliver a copy of the sample ballot to poll workers for each polling place and direct
the poll workers to post the sample ballot as required by Section 
20A-5-102
; and
(h) print and deliver, at the expense of the jurisdiction conducting the election, enough
ballots, sample ballots, and instructions to meet the voting demands of the qualified voters in
each voting precinct.
(2) Instead of posting the entire sample ballot under Subsection [
(1)(f)(iii)(A)
]
(1)(f)(iii)
, the election officer may post a statement that:
(a) is entitled, "sample ballot";
(b) includes the following: "A sample ballot for [indicate name of jurisdiction] for the
upcoming [indicate type and date of election] may be obtained from the following sources:";
and
(c) specifies the following sources where an individual may view or obtain a copy of
the sample ballot:
(i) if the jurisdiction has a website, the jurisdiction's website;
(ii) the physical address of the jurisdiction's offices; and
(iii) a mailing address and telephone number.
(3) (a) Each election officer shall, without delay, correct any error discovered in any
ballot, if the correction can be made without interfering with the timely distribution of the
ballots.
(b) (i) If the election officer discovers an error or omission in a manual ballot, and it is
not possible to correct the error or omission, the election officer shall direct the poll workers to
make the necessary corrections on the manual ballots before the ballots are distributed.
(ii) If the election officer discovers an error or omission in an electronic ballot and it is
not possible to correct the error or omission by revising the electronic ballot, the election
officer shall direct the poll workers to post notice of each error or omission with instructions on
how to correct each error or omission in a prominent position at each polling booth.
(4) (a) If the election officer refuses or fails to correct an error or omission in a ballot, a
candidate or a candidate's agent may file a verified petition with the district court asserting that:
(i) an error or omission has occurred in:
(A) the publication of the name or description of a candidate;
(B) the preparation or display of an electronic ballot; or
(C) the posting of sample ballots or the printing of official manual ballots; and
(ii) the election officer has failed to correct or provide for the correction of the error or
omission.
(b) The district court shall issue an order requiring correction of any error in a ballot or
an order to show cause why the error should not be corrected if it appears to the court that the
error or omission has occurred and the election officer has failed to correct or provide for the
correction of the error or omission.
(c) A party aggrieved by the district court's decision may appeal the matter to the Utah
Supreme Court within five days after the day on which the district court enters the decision.
Section 136. Section 
20A-7-103
 is amended to read:
20A-7-103.
Constitutional amendments and other questions submitted by the
Legislature -- Publication -- Ballot title -- Procedures for submission to popular vote.
(1) The procedures contained in this section govern when the Legislature submits a
proposed constitutional amendment or other question to the voters.
(2) The lieutenant governor shall, not more than 60 days or less than 14 days before the
date of the election, publish the full text of the amendment, question, or statute [
in at least one
newspaper in every county of the state where a newspaper is published
] 
for the state, as a class
A notice under Section 
63G-28-102
, through the date of the election
.
(3) The legislative general counsel shall:
(a) entitle each proposed constitutional amendment "Constitutional Amendment __"
and assign it a letter according to the requirements of Section 
20A-6-107
;
(b) entitle each proposed question "Proposition Number __" with the number assigned
to the proposition under Section 
20A-6-107
 placed in the blank;
(c) draft and designate a ballot title for each proposed amendment or question
submitted by the Legislature that:
(i) summarizes the subject matter of the amendment or question; and
(ii) for a proposed constitutional amendment, summarizes any legislation that is
enacted and will become effective upon the voters' adoption of the proposed constitutional
amendment; and
(d) deliver each letter or number and ballot title to the lieutenant governor.
(4) The lieutenant governor shall certify the letter or number and ballot title of each
amendment or question to the county clerk of each county no later than 65 days before the date
of the election.
(5) The county clerk of each county shall:
(a) ensure that the letter or number and the ballot title of each amendment and question
prepared in accordance with this section are included in the sample ballots and official ballots;
and
(b) publish the sample ballots and official ballots as provided by law.
Section 137. Section 
20A-7-204.1
 is amended to read:
20A-7-204.1.
Public hearings to be held before initiative petitions are circulated --
Changes to an initiative and initial fiscal impact estimate.
(1) (a) After issuance of the initial fiscal impact estimate by the Office of the
Legislative Fiscal Analyst and before circulating initiative petitions for signature statewide,
sponsors of the initiative petition shall hold at least seven public hearings throughout Utah as
follows:
(i) one in the Bear River region -- Box Elder, Cache, or Rich County;
(ii) one in the Southwest region -- Beaver, Garfield, Iron, Kane, or Washington
County;
(iii) one in the Mountain region -- Summit, Utah, or Wasatch County;
(iv) one in the Central region -- Juab, Millard, Piute, Sanpete, Sevier, or Wayne
County;
(v) one in the Southeast region -- Carbon, Emery, Grand, or San Juan County;
(vi) one in the Uintah Basin region -- Daggett, Duchesne, or Uintah County; and
(vii) one in the Wasatch Front region -- Davis, Morgan, Salt Lake, Tooele, or Weber
County.
(b) Of the seven public hearings, the sponsors of the initiative shall hold at least two of
the public hearings in a first or second class county, but not in the same county.
(c) The sponsors may not hold a public hearing described in this section until the later
of:
(i) one day after the day on which a sponsor receives a copy of the initial fiscal impact
estimate under Subsection 
20A-7-202.5
(3)(b); or
(ii) if three or more sponsors file a petition challenging the accuracy of the initial fiscal
impact statement under Section 
20A-7-202.5
, the day after the day on which the action is final.
(2) 
(a)
 The sponsors shall[
:(a)
]
,
 before 5 p.m. at least [
three
] 
seven
 calendar days
before the date of the public hearing, provide written notice of the public hearing
, including the
time, date, and location of the public hearing,
 to:
(i) the lieutenant governor for posting on the state's website; [
and
]
(ii) each state senator, state representative, and county commission or county council
member who is elected in whole or in part from the region where the public hearing will be
held; and
(iii) each county clerk from the region where the public hearing will be held.
(b) 
A county clerk who receives a notice from a sponsor under Subsection (2)(a) shall
publish written notice of the public hearing[
, including the time, date, and location of the
public hearing, in each county in the region where the public hearing will be held:
] 
for the
county, as a class A notice under Section 
63G-28-102
, for at least three days before the day of
the public hearing.
(c) A county clerk may bill the sponsors of the initiative petition for the cost of
preparing, printing, and publishing the notice required under Subsection (2)(b).
[
(i) (A) at least three calendar days before the day of the public hearing, in a newspaper
of general circulation in the county;
]
[
(B) if there is no newspaper of general circulation in the county, at least three calendar
days before the day of the public hearing, by posting one copy of the notice, and at least one
additional copy of the notice per 2,000 population of the county, in places within the county
that are most likely to give notice to the residents of the county; or
]
[
(C) at least seven days before the day of the public hearing, by mailing notice to each
residence in the county;
]
[
(ii) on the Utah Public Notice Website created in Section 
63A-16-601
, for at least
three calendar days before the day of the public hearing;
]
[
(iii) in accordance with Section 
45-1-101
, for at least three calendar days before the
day of the public hearing; and
]
[
(iv) on the county's website for at least three calendar days before the day of the public
hearing.
]
(3) If the initiative petition proposes a tax increase, the written notice described in
Subsection (2) shall include the following statement, in bold, in the same font and point size as
the largest font and point size appearing in the notice:
"This initiative petition seeks to increase the current (insert name of tax) rate by (insert
the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
percent increase in the current tax rate."
(4) (a) During the public hearing, the sponsors shall either:
(i) video tape or audio tape the public hearing and, when the hearing is complete,
deposit the complete audio or video tape of the meeting with the lieutenant governor; or
(ii) take comprehensive minutes of the public hearing, detailing the names and titles of
each speaker and summarizing each speaker's comments.
(b) The lieutenant governor shall make copies of the tapes or minutes available to the
public.
(c) For each public hearing, the sponsors shall:
(i) during the entire time that the public hearing is held, post a copy of the initial fiscal
impact statement in a conspicuous location at the entrance to the room where the sponsors hold
the public hearing; and
(ii) place at least 50 copies of the initial fiscal impact statement, for distribution to
public hearing attendees, in a conspicuous location at the entrance to the room where the
sponsors hold the public hearing.
(5) (a) Before 5 p.m. within 14 days after the day on which the sponsors conduct the
seventh public hearing described in Subsection (1)(a), and before circulating an initiative
petition for signatures, the sponsors of the initiative petition may change the text of the
proposed law if:
(i) a change to the text is:
(A) germane to the text of the proposed law filed with the lieutenant governor under
Section 
20A-7-202
; and
(B) consistent with the requirements of Subsection 
20A-7-202
(5); and
(ii) each sponsor signs, attested to by a notary public, an application addendum to
change the text of the proposed law.
(b) (i) Within three working days after the day on which the lieutenant governor
receives an application addendum to change the text of the proposed law in an initiative
petition, the lieutenant governor shall submit a copy of the application addendum to the Office
of the Legislative Fiscal Analyst.
(ii) The Office of the Legislative Fiscal Analyst shall update the initial fiscal impact
estimate by following the procedures and requirements of Section 
20A-7-202.5
 to reflect a
change to the text of the proposed law.
Section 138. Section 
20A-7-402
 is amended to read:
20A-7-402.
Local voter information pamphlet -- Notice -- Contents -- Limitations
-- Preparation -- Statement on front cover.
(1) The county or municipality that is subject to a ballot proposition shall prepare a
local voter information pamphlet that complies with the requirements of this part.
(2) (a) Within the time requirements described in Subsection (2)(c)(i), a municipality
that is subject to a special local ballot proposition shall provide a notice that complies with the
requirements of Subsection (2)(c)(ii) to the municipality's residents by[
:
] 
publishing the notice
for the municipality, as a class A notice under Section 
63G-28-102
, for the time period set
under Subsection (2)(c)(i).
[
(i) if the municipality regularly mails a newsletter, utility bill, or other material to the
municipality's residents, including the notice with a newsletter, utility bill, or other material;
]
[
(ii) posting the notice, until after the deadline described in Subsection (2)(d) has
passed, on:
]
[
(A) the Utah Public Notice Website created in Section 
63A-16-601
; and
]
[
(B) the home page of the municipality's website, if the municipality has a website;
and
]
[
(iii) sending the notice electronically to each individual in the municipality for whom
the municipality has an email address.
]
(b) A county that is subject to a special local ballot proposition shall[
:
] 
publish a notice
that complies with the requirements of Subsection (2)(c)(ii) for the county, as a class A notice
under Section 
63G-28-102
.
[
(i) send an electronic notice that complies with the requirements of Subsection
(2)(c)(ii) to each individual in the county for whom the county has an email address; or
]
[
(ii) until after the deadline described in Subsection (2)(d) has passed, post a notice that
complies with the requirements of Subsection (2)(c)(ii) on:
]
[
(A) the Utah Public Notice Website created in Section 
63A-16-601
; and
]
[
(B) the home page of the county's website.
]
(c) A municipality or county that [
mails, sends, or posts
] 
publishes
 a notice under
Subsection (2)(a) or (b) shall:
(i) [
mail, send, or post
] 
publish
 the notice:
(A) not less than 90 days before the date of the election at which a special local ballot
proposition will be voted upon; or
(B) if the requirements of Subsection (2)(c)(i)(A) cannot be met, as soon as practicable
after the special local ballot proposition is approved to be voted upon in an election; and
(ii) ensure that the notice contains:
(A) the ballot title for the special local ballot proposition;
(B) instructions on how to file a request under Subsection (2)(d); and
(C) the deadline described in Subsection (2)(d).
(d) To prepare a written argument for or against a special local ballot proposition, an
eligible voter shall file a request with the election officer before 5 p.m. no later than 64 days
before the day of the election at which the special local ballot proposition is to be voted on.
(e) If more than one eligible voter requests the opportunity to prepare a written
argument for or against a special local ballot proposition, the election officer shall make the
final designation in accordance with the following order of priority:
(i) sponsors have priority in preparing an argument regarding a special local ballot
proposition; and
(ii) members of the local legislative body have priority over others if a majority of the
local legislative body supports the written argument.
(f) The election officer shall grant a request described in Subsection (2)(d) or (e) no
later than 60 days before the day of the election at which the ballot proposition is to be voted
on.
(g) (i) A sponsor of a special local ballot proposition may prepare a written argument in
favor of the special local ballot proposition.
(ii) Subject to Subsection (2)(e), an eligible voter opposed to the special local ballot
proposition who submits a request under Subsection (2)(d) may prepare a written argument
against the special local ballot proposition.
(h) An eligible voter who submits a written argument under this section in relation to a
special local ballot proposition shall:
(i) ensure that the written argument does not exceed 500 words in length, not counting
the information described in Subsection (2)(h)(ii) or (iv);
(ii) list, at the end of the argument, at least one, but no more than five, names as
sponsors;
(iii) submit the written argument to the election officer before 5 p.m. no later than 55
days before the election day on which the ballot proposition will be submitted to the voters;
(iv) list in the argument, immediately after the eligible voter's name, the eligible voter's
residential address; and
(v) submit with the written argument the eligible voter's name, residential address,
postal address, email address if available, and phone number.
(i) An election officer shall refuse to accept and publish an argument submitted after
the deadline described in Subsection (2)(h)(iii).
(3) (a) An election officer who timely receives the written arguments in favor of and
against a special local ballot proposition shall, within one business day after the day on which
the election office receives both written arguments, send, via mail or email:
(i) a copy of the written argument in favor of the special local ballot proposition to the
eligible voter who submitted the written argument against the special local ballot proposition;
and
(ii) a copy of the written argument against the special local ballot proposition to the
eligible voter who submitted the written argument in favor of the special local ballot
proposition.
(b) The eligible voter who submitted a timely written argument in favor of the special
local ballot proposition:
(i) may submit to the election officer a written rebuttal argument of the written
argument against the special local ballot proposition;
(ii) shall ensure that the written rebuttal argument does not exceed 250 words in length,
not counting the information described in Subsection (2)(h)(ii) or (iv); and
(iii) shall submit the written rebuttal argument before 5 p.m. no later than 45 days
before the election day on which the special local ballot proposition will be submitted to the
voters.
(c) The eligible voter who submitted a timely written argument against the special local
ballot proposition:
(i) may submit to the election officer a written rebuttal argument of the written
argument in favor of the special local ballot proposition;
(ii) shall ensure that the written rebuttal argument does not exceed 250 words in length,
not counting the information described in Subsection (2)(h)(ii) or (iv); and
(iii) shall submit the written rebuttal argument before 5 p.m. no later than 45 days
before the election day on which the special local ballot proposition will be submitted to the
voters.
(d) An election officer shall refuse to accept and publish a written rebuttal argument in
relation to a special local ballot proposition that is submitted after the deadline described in
Subsection (3)(b)(iii) or (3)(c)(iii).
(4) (a) Except as provided in Subsection (4)(b), in relation to a special local ballot
proposition:
(i) an eligible voter may not modify a written argument or a written rebuttal argument
after the eligible voter submits the written argument or written rebuttal argument to the election
officer; and
(ii) a person other than the eligible voter described in Subsection (4)(a)(i) may not
modify a written argument or a written rebuttal argument.
(b) The election officer, and the eligible voter who submits a written argument or
written rebuttal argument in relation to a special local ballot proposition, may jointly agree to
modify a written argument or written rebuttal argument in order to:
(i) correct factual, grammatical, or spelling errors; and
(ii) reduce the number of words to come into compliance with the requirements of this
section.
(c) An election officer shall refuse to accept and publish a written argument or written
rebuttal argument in relation to a special local ballot proposition if the eligible voter who
submits the written argument or written rebuttal argument fails to negotiate, in good faith, to
modify the written argument or written rebuttal argument in accordance with Subsection (4)(b).
(5) In relation to a special local ballot proposition, an election officer may designate
another eligible voter to take the place of an eligible voter described in this section if the
original eligible voter is, due to injury, illness, death, or another circumstance, unable to
continue to fulfill the duties of an eligible voter described in this section.
(6) Sponsors whose written argument in favor of a standard local ballot proposition is
included in a proposition information pamphlet under Section 
20A-7-401.5
:
(a) may, if a written argument against the standard local ballot proposition is included
in the proposition information pamphlet, submit a written rebuttal argument to the election
officer;
(b) shall ensure that the written rebuttal argument does not exceed 250 words in length;
and
(c) shall submit the written rebuttal argument no later than 45 days before the election
day on which the standard local ballot proposition will be submitted to the voters.
(7) (a) A county or municipality that submitted a written argument against a standard
local ballot proposition that is included in a proposition information pamphlet under Section
20A-7-401.5
:
(i) may, if a written argument in favor of the standard local ballot proposition is
included in the proposition information pamphlet, submit a written rebuttal argument to the
election officer;
(ii) shall ensure that the written rebuttal argument does not exceed 250 words in length;
and
(iii) shall submit the written rebuttal argument no later than 45 days before the election
day on which the ballot proposition will be submitted to the voters.
(b) If a county or municipality submits more than one written rebuttal argument under
Subsection (7)(a)(i), the election officer shall select one of the written rebuttal arguments,
giving preference to a written rebuttal argument submitted by a member of a local legislative
body.
(8) (a) An election officer shall refuse to accept and publish a written rebuttal argument
that is submitted after the deadline described in Subsection (6)(c) or (7)(a)(iii).
(b) Before an election officer publishes a local voter information pamphlet under this
section, a written rebuttal argument is a draft for purposes of Title 63G, Chapter 2, Government
Records Access and Management Act.
(c) An election officer who receives a written rebuttal argument described in this
section may not, before publishing the local voter information pamphlet described in this
section, disclose the written rebuttal argument, or any information contained in the written
rebuttal argument, to any person who may in any way be involved in preparing an opposing
rebuttal argument.
(9) (a) Except as provided in Subsection (9)(b), a person may not modify a written
rebuttal argument after the written rebuttal argument is submitted to the election officer.
(b) The election officer, and the person who submits a written rebuttal argument, may
jointly agree to modify a written rebuttal argument in order to:
(i) correct factual, grammatical, or spelling errors; or
(ii) reduce the number of words to come into compliance with the requirements of this
section.
(c) An election officer shall refuse to accept and publish a written rebuttal argument if
the person who submits the written rebuttal argument:
(i) fails to negotiate, in good faith, to modify the written rebuttal argument in
accordance with Subsection (9)(b); or
(ii) does not timely submit the written rebuttal argument to the election officer.
(d) An election officer shall make a good faith effort to negotiate a modification
described in Subsection (9)(b) in an expedited manner.
(10) An election officer may designate another person to take the place of a person who
submits a written rebuttal argument in relation to a standard local ballot proposition if the
person is, due to injury, illness, death, or another circumstance, unable to continue to fulfill the
person's duties.
(11) (a) The local voter information pamphlet shall include a copy of the initial fiscal
impact estimate and the legal impact statement prepared for each initiative under Section
20A-7-502.5
.
(b) If the initiative proposes a tax increase, the local voter information pamphlet shall
include the following statement in bold type:
"This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
increase in the current tax rate."
(12) (a) In preparing the local voter information pamphlet, the election officer shall:
(i) ensure that the written arguments are printed on the same sheet of paper upon which
the ballot proposition is also printed;
(ii) ensure that the following statement is printed on the front cover or the heading of
the first page of the printed written arguments:
"The arguments for or against a ballot proposition are the opinions of the authors.";
(iii) pay for the printing and binding of the local voter information pamphlet; and
(iv) not less than 15 days before, but not more than 45 days before, the election at
which the ballot proposition will be voted on, distribute, by mail or carrier, to each registered
voter entitled to vote on the ballot proposition:
(A) a voter information pamphlet; or
(B) the notice described in Subsection (12)(c).
(b) (i) If the language of the ballot proposition exceeds 500 words in length, the
election officer may summarize the ballot proposition in 500 words or less.
(ii) The summary shall state where a complete copy of the ballot proposition is
available for public review.
(c) (i) The election officer may distribute a notice printed on a postage prepaid,
preaddressed return form that a person may use to request delivery of a voter information
pamphlet by mail.
(ii) The notice described in Subsection (12)(c)(i) shall include:
(A) the address of the Statewide Electronic Voter Information Website authorized by
Section 
20A-7-801
; and
(B) the phone number a voter may call to request delivery of a voter information
pamphlet by mail or carrier.
Section 139. Section 
20A-9-203
 is amended to read:
20A-9-203.
Declarations of candidacy -- Municipal general elections -- Notice of
candidates.
(1) An individual may become a candidate for any municipal office if:
(a) the individual is a registered voter; and
(b) (i) the individual has resided within the municipality in which the individual seeks
to hold elective office for the 12 consecutive months immediately before the date of the
election; or
(ii) the territory in which the individual resides was annexed into the municipality, the
individual has resided within the annexed territory or the municipality the 12 consecutive
months immediately before the date of the election.
(2) (a) For purposes of determining whether an individual meets the residency
requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than 12 months
before the election, the municipality is considered to have been incorporated 12 months before
the date of the election.
(b) In addition to the requirements of Subsection (1), each candidate for a municipal
council position shall, if elected from a district, be a resident of the council district from which
the candidate is elected.
(c) In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent
individual, an individual convicted of a felony, or an individual convicted of treason or a crime
against the elective franchise may not hold office in this state until the right to hold elective
office is restored under Section 
20A-2-101.3
 or 
20A-2-101.5
.
(3) (a) An individual seeking to become a candidate for a municipal office shall,
regardless of the nomination method by which the individual is seeking to become a candidate:
(i) except as provided in Subsection (3)(b) or Title 20A, Chapter 4, Part 6, Municipal
Alternate Voting Methods Pilot Project, and subject to Subsection 
20A-9-404
(3)(e), file a
declaration of candidacy, in person with the city recorder or town clerk, during the office hours
described in Section 
10-3-301
 and not later than the close of those office hours, between June 1
and June 7 of any odd-numbered year; and
(ii) pay the filing fee, if one is required by municipal ordinance.
(b) Subject to Subsection (5)(b), an individual may designate an agent to file a
declaration of candidacy with the city recorder or town clerk if:
(i) the individual is located outside of the state during the entire filing period;
(ii) the designated agent appears in person before the city recorder or town clerk;
(iii) the individual communicates with the city recorder or town clerk using an
electronic device that allows the individual and city recorder or town clerk to see and hear each
other; and
(iv) the individual provides the city recorder or town clerk with an email address to
which the city recorder or town clerk may send the individual the copies described in
Subsection (4).
(c) Any resident of a municipality may nominate a candidate for a municipal office by:
(i) except as provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
Methods Pilot Project, filing a nomination petition with the city recorder or town clerk during
the office hours described in Section 
10-3-301
 and not later than the close of those office
hours, between June 1 and June 7 of any odd-numbered year that includes signatures in support
of the nomination petition of the lesser of at least:
(A) 25 registered voters who reside in the municipality; or
(B) 20% of the registered voters who reside in the municipality; and
(ii) paying the filing fee, if one is required by municipal ordinance.
(4) (a) Before the filing officer may accept any declaration of candidacy or nomination
petition, the filing officer shall:
(i) read to the prospective candidate or individual filing the petition the constitutional
and statutory qualification requirements for the office that the candidate is seeking;
(ii) require the candidate or individual filing the petition to state whether the candidate
meets the requirements described in Subsection (4)(a)(i); and
(iii) inform the candidate or the individual filing the petition that an individual who
holds a municipal elected office may not, at the same time, hold a county elected office.
(b) If the prospective candidate does not meet the qualification requirements for the
office, the filing officer may not accept the declaration of candidacy or nomination petition.
(c) If it appears that the prospective candidate meets the requirements of candidacy, the
filing officer shall:
(i) inform the candidate that the candidate's name will appear on the ballot as it is
written on the declaration of candidacy;
(ii) provide the candidate with a copy of the current campaign financial disclosure laws
for the office the candidate is seeking and inform the candidate that failure to comply will
result in disqualification as a candidate and removal of the candidate's name from the ballot;
(iii) provide the candidate with a copy of Section 
20A-7-801
 regarding the Statewide
Electronic Voter Information Website Program and inform the candidate of the submission
deadline under Subsection 
20A-7-801
(4)(a);
(iv) provide the candidate with a copy of the pledge of fair campaign practices
described under Section 
20A-9-206
 and inform the candidate that:
(A) signing the pledge is voluntary; and
(B) signed pledges shall be filed with the filing officer; and
(v) accept the declaration of candidacy or nomination petition.
(d) If the candidate elects to sign the pledge of fair campaign practices, the filing
officer shall:
(i) accept the candidate's pledge; and
(ii) if the candidate has filed for a partisan office, provide a certified copy of the
candidate's pledge to the chair of the county or state political party of which the candidate is a
member.
(5) (a) The declaration of candidacy shall be in substantially the following form:
"I, (print name) ____, being first sworn and under penalty of perjury, say that I reside at
____ Street, City of ____, County of ____, state of Utah, Zip Code ____, Telephone Number
(if any) ____; that I am a registered voter; and that I am a candidate for the office of ____
(stating the term). I will meet the legal qualifications required of candidates for this office. If
filing via a designated agent, I attest that I will be out of the state of Utah during the entire
candidate filing period. I will file all campaign financial disclosure reports as required by law
and I understand that failure to do so will result in my disqualification as a candidate for this
office and removal of my name from the ballot. I request that my name be printed upon the
applicable official ballots. (Signed) _______________
Subscribed and sworn to (or affirmed) before me by ____ on this
__________(month\day\year).
(Signed) _______________ (Clerk or other officer qualified to administer oath)."
(b) An agent designated under Subsection (3)(b) to file a declaration of candidacy may
not sign the form described in Subsection (5)(a).
(c) (i) A nomination petition shall be in substantially the following form:
"NOMINATION PETITION
The undersigned residents of (name of municipality), being registered voters, nominate
(name of nominee) for the office of (name of office) for the (length of term of office)."
(ii) The remainder of the petition shall contain lines and columns for the signatures of
individuals signing the petition and each individual's address and phone number.
(6) If the declaration of candidacy or nomination petition fails to state whether the
nomination is for the two-year or four-year term, the clerk shall consider the nomination to be
for the four-year term.
(7) (a) The clerk shall verify with the county clerk that all candidates are registered
voters.
(b) Any candidate who is not registered to vote is disqualified and the clerk may not
print the candidate's name on the ballot.
(8) Immediately after expiration of the period for filing a declaration of candidacy, the
clerk shall:
(a) publicize a list of the names of the candidates as they will appear on the ballot[
:
] 
by
publishing the list for the municipality, as a class A notice under Section 
63G-28-102
, for
seven days; and
[
(i) (A) by publishing the list in at least two successive publications of a newspaper of
general circulation in the municipality;
]
[
(B) by posting one copy of the list, and at least one additional copy of the list per
2,000 population of the municipality, in places within the municipality that are most likely to
give notice to the voters in the municipality, subject to a maximum of 10 lists; or
]
[
(C) by mailing the list to each registered voter in the municipality;
]
[
(ii) by posting the list on the Utah Public Notice Website, created in Section
63A-16-601
, for seven days; and
]
[
(iii) if the municipality has a website, by posting the list on the municipality's website
for seven days; and
]
(b) notify the lieutenant governor of the names of the candidates as they will appear on
the ballot.
(9) Except as provided in Subsection (10)(c), an individual may not amend a
declaration of candidacy or nomination petition filed under this section after the candidate
filing period ends.
(10) (a) A declaration of candidacy or nomination petition that an individual files under
this section is valid unless a person files a written objection with the clerk before 5 p.m. within
10 days after the last day for filing.
(b) If a person files an objection, the clerk shall:
(i) mail or personally deliver notice of the objection to the affected candidate
immediately; and
(ii) decide any objection within 48 hours after the objection is filed.
(c) If the clerk sustains the objection, the candidate may, before 5 p.m. within three
days after the day on which the clerk sustains the objection, correct the problem for which the
objection is sustained by amending the candidate's declaration of candidacy or nomination
petition, or by filing a new declaration of candidacy.
(d) (i) The clerk's decision upon objections to form is final.
(ii) The clerk's decision upon substantive matters is reviewable by a district court if
prompt application is made to the district court.
(iii) The decision of the district court is final unless the Supreme Court, in the exercise
of its discretion, agrees to review the lower court decision.
(11) A candidate who qualifies for the ballot under this section may withdraw as a
candidate by filing a written affidavit with the municipal clerk.
Section 140. Section 
26-8a-405.3
 is amended to read:
26-8a-405.3.
Use of competitive sealed proposals -- Procedure -- Notice -- Appeal
rights.
(1) (a) Competitive sealed proposals for paramedic or 911 ambulance services under
Section 
26-8a-405.2
, or for non-911 services under Section 
26-8a-405.4
, shall be solicited
through a request for proposal and the provisions of this section.
(b) The governing body of the political subdivision shall approve the request for
proposal prior to the notice of the request for proposals under Subsection (1)(c).
(c) [
Notice
] 
The governing body of the political subdivision shall publish notice
 of the
request for proposals [
shall be published:
] 
for the political subdivision, as a class A notice
under Section 
63G-28-102
, for at least 20 days.
[
(i) by posting the notice for at least 20 days in at least five public places in the county;
and
]
[
(ii) by posting the notice on the Utah Public Notice Website, created in Section
63A-16-601
, for at least 20 days.
]
(2) (a) Proposals shall be opened so as to avoid disclosure of contents to competing
offerors during the process of negotiations.
(b) (i) Subsequent to the published notice, and prior to selecting an applicant, the
political subdivision shall hold a presubmission conference with interested applicants for the
purpose of assuring full understanding of, and responsiveness to, solicitation requirements.
(ii) A political subdivision shall allow at least 90 days from the presubmission
conference for the proposers to submit proposals.
(c) Subsequent to the presubmission conference, the political subdivision may issue
addenda to the request for proposals. An addenda to a request for proposal shall be finalized
and posted by the political subdivision at least 45 days before the day on which the proposal
must be submitted.
(d) Offerors to the request for proposals shall be accorded fair and equal treatment with
respect to any opportunity for discussion and revisions of proposals, and revisions may be
permitted after submission and before a contract is awarded for the purpose of obtaining best
and final offers.
(e) In conducting discussions, there shall be no disclosures of any information derived
from proposals submitted by competing offerors.
(3) (a) (i) A political subdivision may select an applicant approved by the department
under Section 
26-8a-404
 to provide 911 ambulance or paramedic services by contract to the
most responsible offeror as defined in Section 
63G-6a-103
.
(ii) An award under Subsection (3)(a)(i) shall be made to the responsible offeror whose
proposal is determined in writing to be the most advantageous to the political subdivision,
taking into consideration price and the evaluation factors set forth in the request for proposal.
(b) The applicants who are approved under Section 
26-8a-405
 and who are selected
under this section may be the political subdivision issuing the request for competitive sealed
proposals, or any other public entity or entities, any private person or entity, or any
combination thereof.
(c) A political subdivision may reject all of the competitive proposals.
(4) In seeking competitive sealed proposals and awarding contracts under this section,
a political subdivision:
(a) shall apply the public convenience and necessity factors listed in Subsections
26-8a-408
(2) through (6);
(b) shall require the applicant responding to the proposal to disclose how the applicant
will meet performance standards in the request for proposal;
(c) may not require or restrict an applicant to a certain method of meeting the
performance standards, including:
(i) requiring ambulance medical personnel to also be a firefighter; or
(ii) mandating that offerors use fire stations or dispatch services of the political
subdivision;
(d) shall require an applicant to submit the proposal:
(i) based on full cost accounting in accordance with generally accepted accounting
principals; and
(ii) if the applicant is a governmental entity, in addition to the requirements of
Subsection (4)(e)(i), in accordance with generally accepted government auditing standards and
in compliance with the State of Utah Legal Compliance Audit Guide; and
(e) shall set forth in the request for proposal:
(i) the method for determining full cost accounting in accordance with generally
accepted accounting principles, and require an applicant to submit the proposal based on such
full cost accounting principles;
(ii) guidelines established to further competition and provider accountability; and
(iii) a list of the factors that will be considered by the political subdivision in the award
of the contract, including by percentage, the relative weight of the factors established under this
Subsection (4)(e), which may include such things as:
(A) response times;
(B) staging locations;
(C) experience;
(D) quality of care; and
(E) cost, consistent with the cost accounting method in Subsection (4)(e)(i).
(5) (a) Notwithstanding any provision of Title 63G, Chapter 6a, Utah Procurement
Code, to the contrary, the provisions of Title 63G, Chapter 6a, Utah Procurement Code, apply
to the procurement process required by this section, except as provided in Subsection (5)(c).
(b) A procurement appeals panel described in Section 
63G-6a-1702
 shall have
jurisdiction to review and determine an appeal of an offeror under this section.
(c) (i) An offeror may appeal the solicitation or award as provided by the political
subdivision's procedures. After all political subdivision appeal rights are exhausted, the offeror
may appeal under the provisions of Subsections (5)(a) and (b).
(ii) A procurement appeals panel described in Section 
63G-6a-1702
 shall determine
whether the solicitation or award was made in accordance with the procedures set forth in this
section and Section 
26-8a-405.2
.
(d) The determination of an issue of fact by the appeals board shall be final and
conclusive unless arbitrary and capricious or clearly erroneous as provided in Section
63G-6a-1705
.
Section 141. Section 
26-61a-303
 is amended to read:
26-61a-303.
Renewal -- Notice of available license.
(1) The department shall renew a license under this part every year if, at the time of
renewal:
(a) the licensee meets the requirements of Section 
26-61a-301
;
(b) the licensee pays the department a license renewal fee in an amount that, subject to
Subsection 
26-61a-109
(5), the department sets in accordance with Section 
63J-1-504
; and
(c) if the medical cannabis pharmacy changes the operating plan described in Section
26-61a-304
 that the department approved under Subsection 
26-61a-301
(2)(b)(iv), the
department approves the new operating plan.
(2) (a) If a licensed medical cannabis pharmacy abandons the medical cannabis
pharmacy's license, the department shall publish notice of an available license[
:
]
, for the
geographic area in which the medical cannabis pharmacy license is available, as a class A
notice under Section 
63G-28-102
, for at least seven days.
[
(i) in a newspaper of general circulation for the geographic area in which the medical
cannabis pharmacy license is available; or
]
[
(ii) on the Utah Public Notice Website established in Section 
63A-16-601
.
]
(b) The department may establish criteria, in collaboration with the Division of
Professional Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act, to identify the medical cannabis pharmacy actions that
constitute abandonment of a medical cannabis pharmacy license.
(3) If the department has not completed the necessary processes to make a
determination on a license renewal under Subsections (1)(a) and (c) before the expiration of a
license, the department may issue a conditional medical cannabis pharmacy license to a
licensed medical cannabis pharmacy that has applied for license renewal under this section and
paid the fee described in Subsection (1)(b).
Section 142. Section 
52-4-202
 is amended to read:
52-4-202.
Public notice of meetings -- Emergency meetings.
(1) (a) (i) A public body shall give not less than 24 hours' public notice of each
meeting.
(ii) A specified body shall give not less than 24 hours' public notice of each meeting
that the specified body holds on the capitol hill complex.
(b) The public notice required under Subsection (1)(a) shall include the meeting:
(i) agenda;
(ii) date;
(iii) time; and
(iv) place.
(2) (a) In addition to the requirements under Subsection (1), a public body which holds
regular meetings that are scheduled in advance over the course of a year shall give public
notice at least once each year of its annual meeting schedule as provided in this section.
(b) The public notice under Subsection (2)(a) shall specify the date, time, and place of
the scheduled meetings.
(3) (a) [
A
] 
Subject to Subsection (3)(c), a
 public body or specified body satisfies a
requirement for public notice by[
:
] 
publishing the notice for the public body's jurisdiction, as a
class A notice under Section 
63G-28-102
, for at least 24 hours.
[
(i) posting written notice:
]
[
(A) except for an electronic meeting held without an anchor location under Subsection
52-4-207
(4), at the principal office of the public body or specified body, or if no principal
office exists, at the building where the meeting is to be held; and
]
[
(B) on the Utah Public Notice Website created under Section 
63A-16-601
; and
]
[
(ii) providing notice to:
]
[
(A) at least one newspaper of general circulation within the geographic jurisdiction of
the public body; or
]
[
(B) a local media correspondent.
]
[
(b) A public body or specified body is in compliance with the provisions of
Subsection (3)(a)(ii) by providing notice to a newspaper or local media correspondent under
the provisions of Subsection 
63A-16-601
(4)(d).
]
[
(c)
] 
(b)
 A public body whose limited resources make compliance with [
Subsection
(3)(a)(i)(B)
] 
the requirement to post notice on the Utah Public Notice Website
 difficult may
request the Division of Archives and Records Service, created in Section 
63A-12-101
, to
provide technical assistance to help the public body in its effort to comply.
(c) A public body or specified body that is required, under this chapter and Section
63G-28-102
, to post notice in a public location within the affected area may comply with the
requirement by posting the notice in, on, or near:
(i) the anchor location for the meeting; or
(ii) the structure or other area where the meeting will be held.
(4) A public body and a specified body are encouraged to develop and use additional
electronic means to provide notice of their meetings under Subsection (3).
(5) (a) The notice requirement of Subsection (1) may be disregarded if:
(i) because of unforeseen circumstances it is necessary for a public body or specified
body to hold an emergency meeting to consider matters of an emergency or urgent nature; and
(ii) the public body or specified body gives the best notice practicable of:
(A) the time and place of the emergency meeting; and
(B) the topics to be considered at the emergency meeting.
(b) An emergency meeting of a public body may not be held unless:
(i) an attempt has been made to notify all the members of the public body; and
(ii) a majority of the members of the public body approve the meeting.
(6) (a) A public notice that is required to include an agenda under Subsection (1) shall
provide reasonable specificity to notify the public as to the topics to be considered at the
meeting. Each topic shall be listed under an agenda item on the meeting agenda.
(b) Subject to the provisions of Subsection (6)(c), and at the discretion of the presiding
member of the public body, a topic raised by the public may be discussed during an open
meeting, even if the topic raised by the public was not included in the agenda or advance public
notice for the meeting.
(c) Except as provided in Subsection (5), relating to emergency meetings, a public
body may not take final action on a topic in an open meeting unless the topic is:
(i) listed under an agenda item as required by Subsection (6)(a); and
(ii) included with the advance public notice required by this section.
(7) Except as provided in this section, this chapter does not apply to a specified body.
Section 143. Section 
52-4-302
 is amended to read:
52-4-302.
Suit to void final action -- Limitation -- Exceptions.
(1) (a) Any final action taken in violation of Section 
52-4-201
, 
52-4-202
, 
52-4-207
, or
52-4-209
 is voidable by a court of competent jurisdiction.
(b) A court may not void a final action taken by a public body for failure to comply
with the posting written notice requirements under Subsection [
52-4-202
(3)(a)(i)(B)
]
52-4-202
(3)(a)
 if:
(i) the posting is made for a meeting that is held before April 1, 2009; or
(ii) (A) the public body otherwise complies with the provisions of Section 
52-4-202
;
and
(B) the failure was a result of unforeseen Internet hosting or communication
technology failure.
(2) Except as provided under Subsection (3), a suit to void final action shall be
commenced within 90 days after the date of the action.
(3) A suit to void final action concerning the issuance of bonds, notes, or other
evidences of indebtedness shall be commenced within 30 days after the date of the action.
Section 144. Section 
53B-7-101.5
 is amended to read:
53B-7-101.5.
Proposed tuition increases -- Notice -- Hearings.
(1) If an institution within the State System of Higher Education listed in Section
53B-1-102
 considers increasing tuition rates for undergraduate students in the process of
preparing or implementing its budget, it shall hold a meeting to receive public input and
response on the issue.
(2) The institution shall advertise the hearing required under Subsection (1) using the
following procedure:
(a) [
The
] 
the
 institution shall advertise [
its
] 
the institution's
 intent to consider an
increase in student tuition rates:
(i) in the institution's student newspaper twice during a period of 10 days [
prior to
]
before
 the meeting; and
(ii) for each county where the institution has a campus, as a class A notice under
Section 
63G-28-102
, for at least 10 days before the meeting; and
[
(ii) on the Utah Public Notice Website created in Section 
63A-16-601
, for 10 days
immediately before the meeting.
]
(b) [
The
] 
the
 advertisement shall state that the institution will meet on a certain day,
time, and place fixed in the advertisement, which shall not be less than seven days after the day
the [
second
] advertisement is published, for the purpose of hearing comments regarding the
proposed increase and to explain the reasons for the proposed increase.
(3) The form and content of the notice shall be substantially as follows:
"NOTICE OF PROPOSED TUITION INCREASE
The (name of the higher education institution) is proposing to increase student tuition
rates. This would be an increase of ______ %, which is an increase of $______ per semester
for a full-time resident undergraduate student. All concerned students and citizens are invited
to a public hearing on the proposed increase to be held at (meeting place) on (date) at (time)."
(4) (a) The institution shall provide the following information to those in attendance at
the meeting required under Subsection (1):
(i) the current year's student enrollment for:
(A) the State System of Higher Education, if a systemwide increase is being
considered; or
(B) the institution, if an increase is being considered for just a single institution;
(ii) total tuition revenues for the current school year;
(iii) projected student enrollment growth for the next school year and projected tuition
revenue increases from that anticipated growth; and
(iv) a detailed accounting of how and where the increased tuition revenues would be
spent.
(b) The enrollment and revenue data required under Subsection (4)(a) shall be broken
down into majors or departments if the proposed tuition increases are department or major
specific.
(5) If the institution does not make a final decision on the proposed tuition increase at
the meeting, it shall announce the date, time, and place of the meeting where that determination
shall be made.
Section 145. Section 
53E-4-202
 is amended to read:
53E-4-202.
Core standards for Utah public schools -- Notice and hearing
requirements.
(1) (a) In establishing minimum standards related to curriculum and instruction
requirements under Section 
53E-3-501
, the state board shall, in consultation with local school
boards, school superintendents, teachers, employers, and parents implement core standards for
Utah public schools that will enable students to, among other objectives:
(i) communicate effectively, both verbally and through written communication;
(ii) apply mathematics; and
(iii) access, analyze, and apply information.
(b) Except as provided in this public education code, the state board may recommend
but may not require a local school board or charter school governing board to use:
(i) a particular curriculum or instructional material; or
(ii) a model curriculum or instructional material.
(2) The state board shall, in establishing the core standards for Utah public schools:
(a) identify the basic knowledge, skills, and competencies each student is expected to
acquire or master as the student advances through the public education system; and
(b) align with each other the core standards for Utah public schools and the
assessments described in Section 
53E-4-303
.
(3) The basic knowledge, skills, and competencies identified pursuant to Subsection
(2)(a) shall increase in depth and complexity from year to year and focus on consistent and
continual progress within and between grade levels and courses in the basic academic areas of:
(a) English, including explicit phonics, spelling, grammar, reading, writing,
vocabulary, speech, and listening; and
(b) mathematics, including basic computational skills.
(4) Before adopting core standards for Utah public schools, the state board shall:
(a) publicize draft core standards for Utah public schools [
on the state board's website
and the Utah Public Notice website created under Section 
63A-16-601
] 
for the state, as a class
A notice under Section 
63G-28-102
, for at least 90 days
;
(b) invite public comment on the draft core standards for Utah public schools for a
period of not less than 90 days; and
(c) conduct three public hearings that are held in different regions of the state on the
draft core standards for Utah public schools.
(5) LEA governing boards shall design their school programs, that are supported by
generally accepted scientific standards of evidence, to focus on the core standards for Utah
public schools with the expectation that each program will enhance or help achieve mastery of
the core standards for Utah public schools.
(6) Except as provided in Sections 
53G-10-103
 and 
53G-10-402
, each school may
select instructional materials and methods of teaching, that are supported by generally accepted
scientific standards of evidence, that the school considers most appropriate to meet the core
standards for Utah public schools.
(7) The state may exit any agreement, contract, memorandum of understanding, or
consortium that cedes control of the core standards for Utah public schools to any other entity,
including a federal agency or consortium, for any reason, including:
(a) the cost of developing or implementing the core standards for Utah public schools;
(b) the proposed core standards for Utah public schools are inconsistent with
community values; or
(c) the agreement, contract, memorandum of understanding, or consortium:
(i) was entered into in violation of Chapter 3, Part 8, Implementing Federal or National
Education Programs, or Title 63J, Chapter 5, Federal Funds Procedures Act;
(ii) conflicts with Utah law;
(iii) requires Utah student data to be included in a national or multi-state database;
(iv) requires records of teacher performance to be included in a national or multi-state
database; or
(v) imposes curriculum, assessment, or data tracking requirements on home school or
private school students.
(8) The state board shall submit a report in accordance with Section 
53E-1-203
 on the
development and implementation of the core standards for Utah public schools, including the
time line established for the review of the core standards for Utah public schools by a standards
review committee and the recommendations of a standards review committee established under
Section 
53E-4-203
.
Section 146. Section 
53G-3-204
 is amended to read:
53G-3-204.
Notice before preparing or amending a long-range plan or acquiring
certain property.
(1) As used in this section:
(a) "Affected entity" means each county, municipality, local district under Title 17B,
Limited Purpose Local Government Entities - Local Districts, special service district under
Title 17D, Chapter 1, Special Service District Act, interlocal cooperation entity established
under Title 11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
(i) whose services or facilities are likely to require expansion or significant
modification because of an intended use of land; or
(ii) that has filed with the school district a copy of the general or long-range plan of the
county, municipality, local district, special service district, school district, interlocal
cooperation entity, or specified public utility.
(b) "Specified public utility" means an electrical corporation, gas corporation, or
telephone corporation, as those terms are defined in Section 
54-2-1
.
(2) (a) If a school district located in a county of the first or second class prepares a
long-range plan regarding the school district's facilities proposed for the future or amends an
already existing long-range plan, the school district shall, before preparing a long-range plan or
amendments to an existing long-range plan, provide written notice, as provided in this section,
of the school district's intent to prepare a long-range plan or to amend an existing long-range
plan.
(b) Each notice under Subsection (2)(a) shall:
(i) indicate that the school district intends to prepare a long-range plan or to amend a
long-range plan, as the case may be;
(ii) describe or provide a map of the geographic area that will be affected by the
long-range plan or amendments to a long-range plan;
(iii) be:
(A) sent to each county in whose unincorporated area and each municipality in whose
boundaries is located the land on which the proposed long-range plan or amendments to a
long-range plan are expected to indicate that the proposed facilities will be located;
(B) sent to each affected entity;
(C) sent to the 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) placed on the Utah Public Notice Website created under Section 
63A-16-601
]
(E) published for the geographic area that will be affected by the proposed long-range
plan, or amendments to a long-range plan, as a class A notice under Section 
63G-28-102
, for at
least 30 days
;
(iv) with respect to the notice to counties and municipalities described in Subsection
(2)(b)(iii)(A) and affected entities, invite them to provide information for the school district to
consider in the process of preparing, adopting, and implementing the long-range plan or
amendments to a long-range plan concerning:
(A) impacts that the use of land proposed in the proposed long-range plan or
amendments to a long-range plan may have on the county, municipality, or affected entity; and
(B) uses of land that the county, municipality, or affected entity is planning or
considering that may conflict with the proposed long-range plan or amendments to a long-range
plan; and
(v) include the address of an Internet website, if the school district has one, and the
name and telephone number of an individual where more information can be obtained
concerning the school district's proposed long-range plan or amendments to a long-range plan.
(3) (a) Except as provided in Subsection (3)(d), each school district intending to
acquire real property in a county of the first or second class for the purpose of expanding the
district's infrastructure or other facilities shall provide written notice, as provided in this
Subsection (3), of the school district's intent to acquire the property if the intended use of the
property is contrary to:
(i) the anticipated use of the property under the county or municipality's general plan;
or
(ii) the property's current zoning designation.
(b) Each notice under Subsection (3)(a) shall:
(i) indicate that the school district intends to acquire real property;
(ii) identify the real property; and
(iii) be sent to:
(A) each county in whose unincorporated area and each municipality in whose
boundaries the property is located; and
(B) each affected entity.
(c) A notice under this Subsection (3) is a protected record as provided in Subsection
63G-2-305
(8).
(d) (i) The notice requirement of Subsection (3)(a) does not apply if the school district
previously provided notice under Subsection (2) identifying the general location within the
municipality or unincorporated part of the county where the property to be acquired is located.
(ii) If a school district is not required to comply with the notice requirement of
Subsection (3)(a) because of application of Subsection (3)(d)(i), the school district shall
provide the notice specified in Subsection (3)(a) as soon as practicable after the school district's
acquisition of the real property.
Section 147. Section 
53G-4-204
 is amended to read:
53G-4-204.
Compensation for services -- Additional per diem -- Notice of meeting
-- Approval of expenses.
(1) Each member of a local school board, except the student member, shall receive
compensation for services and for necessary expenses in accordance with compensation
schedules adopted by the local school board in accordance with the provisions of this section.
(2) Beginning on July 1, 2007, if a local school board decides to adopt or amend its
compensation schedules, the local school board shall set a time and place for a public hearing
at which all interested persons shall be given an opportunity to be heard.
(3) Notice of the time, place, and purpose of the meeting shall be provided 
for
 at least
seven days [
prior to
] 
before the day of
 the meeting by[
:
] 
publishing the notice, as a class A
notice under Section 
63G-28-102
, for the school district.
[
(a) (i) publication at least once in a newspaper published in the county where the
school district is situated and generally circulated within the school district; and
]
[
(ii) publication on the Utah Public Notice Website created in Section 
63A-16-601
;
and
]
[
(b) posting a notice:
]
[
(i) at each school within the school district;
]
[
(ii) in at least three other public places within the school district; and
]
[
(iii) on the Internet in a manner that is easily accessible to citizens that use the
Internet.
]
(4) After the conclusion of the public hearing, the local school board may adopt or
amend its compensation schedules.
(5) Each member shall submit an itemized account of necessary travel expenses for
local school board approval.
(6) A local school board may, without following the procedures described in
Subsections (2) and (3), continue to use the compensation schedule that was in effect prior to
July 1, 2007, until, at the discretion of the local school board, the compensation schedule is
amended or a new compensation schedule is adopted.
Section 148. Section 
53G-4-402
 is amended to read:
53G-4-402.
Powers and duties generally.
(1) A local school board shall:
(a) implement the core standards for Utah public schools using instructional materials
that best correlate to the core standards for Utah public schools and graduation requirements;
(b) administer tests, required by the state board, which measure the progress of each
student, and coordinate with the state superintendent and state board to assess results and create
plans to improve the student's progress, which shall be submitted to the state board for
approval;
(c) use progress-based assessments as part of a plan to identify schools, teachers, and
students that need remediation and determine the type and amount of federal, state, and local
resources to implement remediation;
(d) for each grading period and for each course in which a student is enrolled, issue a
grade or performance report to the student:
(i) that reflects the student's work, including the student's progress based on mastery,
for the grading period; and
(ii) in accordance with the local school board's adopted grading or performance
standards and criteria;
(e) develop early warning systems for students or classes failing to make progress;
(f) work with the state board to establish a library of documented best practices,
consistent with state and federal regulations, for use by the local districts;
(g) implement training programs for school administrators, including basic
management training, best practices in instructional methods, budget training, staff
management, managing for learning results and continuous improvement, and how to help
every child achieve optimal learning in basic academic subjects; and
(h) ensure that the local school board meets the data collection and reporting standards
described in Section 
53E-3-501
.
(2) Local school boards shall spend Minimum School Program funds for programs and
activities for which the state board has established minimum standards or rules under Section
53E-3-501
.
(3) (a) A local school board may purchase, sell, and make improvements on school
sites, buildings, and equipment and construct, erect, and furnish school buildings.
(b) School sites or buildings may only be conveyed or sold on local school board
resolution affirmed by at least two-thirds of the members.
(4) (a) A local school board may participate in the joint construction or operation of a
school attended by children residing within the district and children residing in other districts
either within or outside the state.
(b) Any agreement for the joint operation or construction of a school shall:
(i) be signed by the president of the local school board of each participating district;
(ii) include a mutually agreed upon pro rata cost; and
(iii) be filed with the state board.
(5) A local school board may establish, locate, and maintain elementary, secondary,
and applied technology schools.
(6) Except as provided in Section 
53E-3-905
, a local school board may enroll children
in school who are at least five years old before September 2 of the year in which admission is
sought.
(7) A local school board may establish and support school libraries.
(8) A local school board may collect damages for the loss, injury, or destruction of
school property.
(9) A local school board may authorize guidance and counseling services for children
and their parents before, during, or following enrollment of the children in schools.
(10) (a) A local school board shall administer and implement federal educational
programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or National
Education Programs.
(b) Federal funds are not considered funds within the school district budget under
Chapter 7, Part 3, Budgets.
(11) (a) A local school board may organize school safety patrols and adopt policies
under which the patrols promote student safety.
(b) A student appointed to a safety patrol shall be at least 10 years old and have written
parental consent for the appointment.
(c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
of a highway intended for vehicular traffic use.
(d) Liability may not attach to a school district, its employees, officers, or agents or to a
safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
the program by virtue of the organization, maintenance, or operation of a school safety patrol.
(12) (a) A local school board may on its own behalf, or on behalf of an educational
institution for which the local school board is the direct governing body, accept private grants,
loans, gifts, endowments, devises, or bequests that are made for educational purposes.
(b) These contributions are not subject to appropriation by the Legislature.
(13) (a) A local school board may appoint and fix the compensation of a compliance
officer to issue citations for violations of Subsection 
76-10-105
(2)(b).
(b) A person may not be appointed to serve as a compliance officer without the
person's consent.
(c) A teacher or student may not be appointed as a compliance officer.
(14) A local school board shall adopt bylaws and policies for the local school board's
own procedures.
(15) (a) A local school board shall make and enforce policies necessary for the control
and management of the district schools.
(b) Local school board policies shall be in writing, filed, and referenced for public
access.
(16) A local school board may hold school on legal holidays other than Sundays.
(17) (a) A local school board shall establish for each school year a school traffic safety
committee to implement this Subsection (17).
(b) The committee shall be composed of one representative of:
(i) the schools within the district;
(ii) the Parent Teachers' Association of the schools within the district;
(iii) the municipality or county;
(iv) state or local law enforcement; and
(v) state or local traffic safety engineering.
(c) The committee shall:
(i) receive suggestions from school community councils, parents, teachers, and others
and recommend school traffic safety improvements, boundary changes to enhance safety, and
school traffic safety program measures;
(ii) review and submit annually to the Department of Transportation and affected
municipalities and counties a child access routing plan for each elementary, middle, and junior
high school within the district;
(iii) consult the Utah Safety Council and the Division of Family Health Services and
provide training to all school children in kindergarten through grade 6, within the district, on
school crossing safety and use; and
(iv) help ensure the district's compliance with rules made by the Department of
Transportation under Section 
41-6a-303
.
(d) The committee may establish subcommittees as needed to assist in accomplishing
the committee's duties under Subsection (17)(c).
(18) (a) A local school board shall adopt and implement a comprehensive emergency
response plan to prevent and combat violence in the local school board's public schools, on
school grounds, on its school vehicles, and in connection with school-related activities or
events.
(b) The plan shall:
(i) include prevention, intervention, and response components;
(ii) be consistent with the student conduct and discipline policies required for school
districts under Chapter 11, Part 2, Miscellaneous Requirements;
(iii) require professional learning for all district and school building staff on what their
roles are in the emergency response plan;
(iv) provide for coordination with local law enforcement and other public safety
representatives in preventing, intervening, and responding to violence in the areas and activities
referred to in Subsection (18)(a); and
(v) include procedures to notify a student, to the extent practicable, who is off campus
at the time of a school violence emergency because the student is:
(A) participating in a school-related activity; or
(B) excused from school for a period of time during the regular school day to
participate in religious instruction at the request of the student's parent.
(c) The state board, through the state superintendent, shall develop comprehensive
emergency response plan models that local school boards may use, where appropriate, to
comply with Subsection (18)(a).
(d) A local school board shall, by July 1 of each year, certify to the state board that its
plan has been practiced at the school level and presented to and reviewed by its teachers,
administrators, students, and their parents and local law enforcement and public safety
representatives.
(19) (a) A local school board may adopt an emergency response plan for the treatment
of sports-related injuries that occur during school sports practices and events.
(b) The plan may be implemented by each secondary school in the district that has a
sports program for students.
(c) The plan may:
(i) include emergency personnel, emergency communication, and emergency
equipment components;
(ii) require professional learning on the emergency response plan for school personnel
who are involved in sports programs in the district's secondary schools; and
(iii) provide for coordination with individuals and agency representatives who:
(A) are not employees of the school district; and
(B) would be involved in providing emergency services to students injured while
participating in sports events.
(d) The local school board, in collaboration with the schools referred to in Subsection
(19)(b), may review the plan each year and make revisions when required to improve or
enhance the plan.
(e) The state board, through the state superintendent, shall provide local school boards
with an emergency plan response model that local school boards may use to comply with the
requirements of this Subsection (19).
(20) A local school board shall do all other things necessary for the maintenance,
prosperity, and success of the schools and the promotion of education.
(21) (a) Before closing a school or changing the boundaries of a school, a local school
board shall:
(i) at least 120 days before approving the school closure or school boundary change,
provide notice to the following that the local school board is considering the closure or
boundary change:
(A) parents of students enrolled in the school, using the same form of communication
the local school board regularly uses to communicate with parents;
(B) parents of students enrolled in other schools within the school district that may be
affected by the closure or boundary change, using the same form of communication the local
school board regularly uses to communicate with parents; and
(C) the governing council and the mayor of the municipality in which the school is
located;
(ii) provide an opportunity for public comment on the proposed school closure or
school boundary change during at least two public local school board meetings; and
(iii) hold a public hearing as defined in Section 
10-9a-103
 and provide public notice of
the public hearing as described in Subsection (21)(b).
(b) The notice of a public hearing required under Subsection (21)(a)(iii) shall:
(i) indicate the:
(A) school or schools under consideration for closure or boundary change; and
(B) the date, time, and location of the public hearing;
(ii) 
for
 at least 10 days before the 
day of the
 public hearing, be[
:
] 
published for the
school district in which the school is located, as a class A notice under Section 
63G-28-102
;
and
[
(A) published:
]
[
(I) in a newspaper of general circulation in the area; and
]
[
(II) on the Utah Public Notice Website created in Section 
63A-16-601
; and
]
[
(B) posted in at least three public locations within the municipality in which the
school is located on the school district's official website, and prominently at the school; and
]
(iii) at least 30 days before the public hearing described in Subsection (21)(a)(iii), be
provided as described in Subsections (21)(a)(i)(A), (B), and (C).
(22) A local school board may implement a facility energy efficiency program
established under Title 11, Chapter 44, Performance Efficiency Act.
(23) A local school board may establish or partner with a certified youth court in
accordance with Section 
80-6-902
 or establish or partner with a comparable restorative justice
program, in coordination with schools in that district. A school may refer a student to a youth
court or a comparable restorative justice program in accordance with Section 
53G-8-211
.
(24) A local school board shall:
(a) make curriculum that the school district uses readily accessible and available for a
parent to view;
(b) annually notify a parent of a student enrolled in the school district of how to access
the information described in Subsection (24)(a); and
(c) include on the school district's website information about how to access the
information described in Subsection (24)(a).
Section 149. Section 
53G-5-504
 is amended to read:
53G-5-504.
Charter school closure.
(1) As used in this section, "receiving charter school" means a charter school that an
authorizer permits under Subsection (13)(a), to accept enrollment applications from students of
a closing charter school.
(2) If a charter school is closed for any reason, including the termination of a charter
agreement in accordance with Section 
53G-5-503
 or the conversion of a charter school to a
private school, the provisions of this section apply.
(3) A decision to close a charter school is made:
(a) when a charter school authorizer approves a motion to terminate described in
Subsection 
53G-5-503
(2)(c);
(b) when the state board takes final action described in Subsection 
53G-5-503
(2)(d)(ii);
or
(c) when a charter school provides notice to the charter school's authorizer that the
charter school is relinquishing the charter school's charter.
(4) (a) No later than 10 days after the day on which a decision to close a charter school
is made, the charter school shall:
(i) provide notice to the following, in writing, of the decision:
(A) if the charter school made the decision to close, the charter school's authorizer;
(B) the State Charter School Board;
(C) if the state board did not make the decision to close, the state board;
(D) parents of students enrolled at the charter school;
(E) the charter school's creditors;
(F) the charter school's lease holders;
(G) the charter school's bond issuers;
(H) other entities that may have a claim to the charter school's assets;
(I) the school district in which the charter school is located and other charter schools
located in that school district; and
(J) any other person that the charter school determines to be appropriate; and
(ii) [
post
] 
publish
 notice of the decision [
on the Utah Public Notice Website, created in
Section 
63A-16-601
] 
for the school district in which the charter school is located, as a class A
notice under Section 
63G-28-102
, for at least 30 days
.
(b) The notice described in Subsection (4)(a) shall include:
(i) the proposed date of the charter school closure;
(ii) the charter school's plans to help students identify and transition into a new school;
and
(iii) contact information for the charter school during the transition.
(5) No later than 10 days after the day on which a decision to close a charter school is
made, the closing charter school shall:
(a) designate a custodian for the protection of student files and school business records;
(b) designate a base of operation that will be maintained throughout the charter school
closing, including:
(i) an office;
(ii) hours of operation;
(iii) operational telephone service with voice messaging stating the hours of operation;
and
(iv) a designated individual to respond to questions or requests during the hours of
operation;
(c) assure that the charter school will maintain private insurance coverage or risk
management coverage for covered claims that arise before closure, throughout the transition to
closure and for a period following closure of the charter school as specified by the charter
school's authorizer;
(d) assure that the charter school will complete by the set deadlines for all fiscal years
in which funds are received or expended by the charter school a financial audit and any other
procedure required by state board rule;
(e) inventory all assets of the charter school; and
(f) list all creditors of the charter school and specifically identify secured creditors and
assets that are security interests.
(6) The closing charter school's authorizer shall oversee the closing charter school's
compliance with Subsection (5).
(7) (a) A closing charter school shall return any assets remaining, after all liabilities
and obligations of the closing charter school are paid or discharged, to the closing charter
school's authorizer.
(b) The closing charter school's authorizer shall liquidate assets at fair market value or
assign the assets to another public school.
(8) The closing charter school's authorizer shall oversee liquidation of assets and
payment of debt in accordance with state board rule.
(9) The closing charter school shall:
(a) comply with all state and federal reporting requirements; and
(b) submit all documentation and complete all state and federal reports required by the
closing charter school's authorizer or the state board, including documents to verify the closing
charter school's compliance with procedural requirements and satisfaction of all financial
issues.
(10) When the closing charter school's financial affairs are closed out and dissolution is
complete, the authorizer shall ensure that a final audit of the charter school is completed.
(11) On or before January 1, 2017, the state board shall, in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, and after considering suggestions from
charter school authorizers, make rules that:
(a) provide additional closure procedures for charter schools; and
(b) establish a charter school closure process.
(12) (a) Upon termination of the charter school's charter agreement:
(i) notwithstanding provisions to the contrary in Title 16, Chapter 6a, Part 14,
Dissolution, the nonprofit corporation under which the charter school is organized and
managed may be unilaterally dissolved by the authorizer; and
(ii) the net assets of the charter school shall revert to the authorizer as described in
Subsection (7).
(b) The charter school and the authorizer shall mutually agree in writing on the
effective date and time of the dissolution described in Subsection (12)(a).
(c) The effective date and time of dissolution described in Subsection (12)(b) may not
exceed five years after the date of the termination of the charter agreement.
(13) Notwithstanding the provisions of Chapter 6, Part 5, Charter School Enrollment:
(a) an authorizer may permit a specified number of students from a closing charter
school to be enrolled in another charter school, if the receiving charter school:
(i) (A) is authorized by the same authorizer as the closing charter school; or
(B) is authorized by a different authorizer and the authorizer of the receiving charter
school approves the increase in enrollment; and
(ii) agrees to accept enrollment applications from students of the closing charter
school;
(b) a receiving charter school shall give new enrollment preference to applications
from students of the closing charter school in the first school year in which the closing charter
school is not operational; and
(c) a receiving charter school's enrollment capacity is increased by the number of
students enrolled in the receiving charter school from the closing charter school under this
Subsection (13).
(14) A member of the governing board or staff of the receiving charter school that is
also a member of the governing board of the receiving charter school's authorizer, shall recuse
himself or herself from a decision regarding the enrollment of students from a closing charter
school as described in Subsection (13).
Section 150. Section 
54-8-10
 is amended to read:
54-8-10.
Public hearing -- Notice -- Publication.
(1) The governing body shall provide notice of a public hearing on the proposed
improvement for the proposed district, as a class B notice under Section 
63G-28-102
, for at
least 14 days.
[
(1) Such notice shall be:
]
[
(a) published on the Utah Public Notice Website created in Section 
63A-16-601
; and
]
[
(b) posted in not less than three public places in the district.
]
[
(2) A copy of the notice shall be mailed by certified mail to the last known address of
each owner of land within the proposed district whose property will be assessed for the cost of
the improvement.
]
[
(3)
] 
(2)
 The [
address
] 
addresses
 to be used for [
that purpose
] 
the purpose of mailing
notice as required by Subsection 
63G-28-102
(4)(b)(i)
 shall be
:
(a)
 [
that
] 
the
 last 
address
 appearing on the real property assessment rolls of the county
[
in which the property is located.
] 
for each owner of real property whose property will be
assessed for the cost of the improvement; and
[
(4)
] 
(b)
 [
In addition, a copy of the notice shall be addressed to "Owner" and shall be
so mailed addressed to
] the street number of each piece of improved property to be affected by
the assessment.
[
(5)
] 
(3)
 Mailed notices and the published notice shall state where a copy of the
resolution creating the district will be available for inspection by any interested parties.
Section 151. Section 
54-8-16
 is amended to read:
54-8-16.
Notice of assessment -- Publication.
(1) After the preparation of a resolution under Section 
54-8-14
, 
the governing body
shall give
 notice of a public hearing on the proposed assessments [
shall be given
].
(2) 
(a)
 The 
governing body shall provide the
 notice described in Subsection (1) [
shall
be:
] 
for the district, as a class B notice under Section 
63G-28-102
, for at least 20 days before
the date of the hearing.
(b) The addresses to be used for the purpose of mailing notice as required by
Subsection 
63G-28-102
(4)(b)(i) are:
(i) the last address appearing on the real property assessment rolls of the county for
each owner of real property whose property will be assessed for part of the cost of the
improvement; and
(ii) the street number of each piece of improved property to be affected by the proposed
assessment.
[
(a) published on the Utah Public Notice Website created in Section 
63A-16-601
, for at
least 20 days before the date fixed for the hearing; and
]
[
(b) mailed by certified mail not less than 15 days prior to the date fixed for such
hearing to each owner of real property whose property will be assessed for part of the cost of
the improvement at the last known address of such owner using for such purpose the names
and addresses appearing on the last completed real property assessment rolls of the county
wherein said affected property is located.
]
[
(3) In addition, a copy of such notice shall be addressed to "Owner" and shall be so
mailed addressed to the street number of each piece of improved property to be affected by
such assessment.
]
[
(4)
] 
(3)
 Each notice shall state that at the specified time and place, the governing body
will hold a public hearing upon the proposed assessments and shall state that any owner of any
property to be assessed pursuant to the resolution will be heard on the question of whether [
his
]
the owner's
 property will be benefited by the proposed improvement to the amount of the
proposed assessment against [
his
] 
the owner's
 property and whether the amount assessed
against [
his
] 
the owner's
 property constitutes more than [
his
] 
the owner's
 proper proportional
share of the total cost of the improvement.
[
(5)
] 
(4)
 The notice shall further state where a copy of the resolution proposed to be
adopted levying the assessments against all real property in the district will be on file for public
inspection, and that subject to such changes and corrections therein as may be made by the
governing body, it is proposed to adopt the resolution at the conclusion of the hearing.
[
(6)
] 
(5)
 A published notice shall describe the boundaries or area of the district with
sufficient particularity to permit each owner of real property therein to ascertain that [
his
] 
the
owner's
 property lies in the district.
[
(7)
] 
(6)
 The mailed notice may refer to the district by name and date of creation and
shall state the amount of the assessment proposed to be levied against the real property of the
person to whom the notice is mailed.
Section 152. Section 
54-8-23
 is amended to read:
54-8-23.
Objection to amount of assessment -- Civil action -- Litigation to
question or attack proceedings or legality of bonds -- Notice.
(1) No special assessment levied under this chapter shall be declared void, nor shall
any such assessment or part thereof be set aside in consequence of any error or irregularity
permitted or appearing in any of the proceedings under this chapter, but any party feeling
aggrieved by any such special assessment or proceeding may bring a civil action to cause such
grievance to be adjudicated if such action is commenced prior to the expiration of the period
specified in this section.
(2) The burden of proof to show that such special assessment or part thereof is invalid,
inequitable or unjust shall rest upon the party who brings such suit.
(3) Any such litigation shall not be regarded as an appeal within the meaning of the
prohibition contained in Section 
54-8-18
.
(4) Every person whose property is subject to such special assessment and who fails to
appear during the public hearings on said assessments to raise his objection to such tax shall be
deemed to have waived all objections to such levy except the objection that the governing body
lacks jurisdiction to levy such tax.
(5) For a period of 20 days after the governing body has adopted the enactment
authorizing the assessment, any taxpayer in the district shall have the right to institute litigation
for the purpose of questioning or attacking the proceedings pursuant to which the assessments
have been authorized subject to the provisions of the preceding paragraph.
(6) Whenever any enactment authorizing the issuance of any bonds pursuant to the
improvement contemplated shall have been adopted such resolution shall be [
posted on the
Utah Public Notice Website created in Section 
63A-16-601
] 
provided for the district, as a class
A notice under Section 
63G-28-102
, for 20 days
.
(7) For a period of 20 days thereafter, any person whose property shall have been
assessed and any taxpayer in the district shall have the right to institute litigation for the
purpose of questioning or attacking the legality of such bonds.
(8) After the expiration of such 20-day period, all proceedings theretofore had by the
governing body, the bonds to be issued pursuant thereto, and the special assessments from
which such bonds are to be paid, shall become incontestable, and no suit attacking or
questioning the legality thereof may be instituted in this state, and no court shall have the
authority to inquire into such matters.
Section 153. Section 
57-11-11
 is amended to read:
57-11-11.
Rules of division -- Notice and hearing requirements -- Filing
advertising material -- Injunctions -- Intervention by division in suits -- General powers
of division.
(1) (a) The division shall prescribe reasonable rules which shall be adopted, amended,
or repealed only after a public hearing.
(b) The division shall:
(i) publish notice of the public hearing described in Subsection (1)(a)[
:
] 
for the state, as
a class A notice under Section 
63G-28-102
, for at least 20 days before the day of the hearing;
and
[
(A) once in a newspaper or newspapers with statewide circulation and at least 20 days
before the hearing; and
]
[
(B) on the Utah Public Notice Website created in Section 
63A-16-601
, for at least 20
days before the hearing; and
]
(ii) send a notice to a nonprofit organization which files a written request for notice
with the division at least 20 days [
prior to
] 
before the day of
 the hearing.
(2) The rules shall include but need not be limited to:
(a) provisions for advertising standards to assure full and fair disclosure; and
(b) provisions for escrow or trust agreements, performance bonds, or other means
reasonably necessary to assure that all improvements referred to in the application for
registration and advertising will be completed and that purchasers will receive the interest in
land contracted for.
(3) These provisions, however, shall not be required if the city or county in which the
subdivision is located requires similar means of assurance of a nature and in an amount no less
adequate than is required under said rules:
(a) provisions for operating procedures;
(b) provisions for a shortened form of registration in cases where the division
determines that the purposes of this act do not require a subdivision to be registered pursuant to
an application containing all the information required by Section 
57-11-6
 or do not require that
the public offering statement contain all the information required by Section 
57-11-7
; and
(c) other rules necessary and proper to accomplish the purpose of this chapter.
(4) The division by rule or order, after reasonable notice, may require the filing of
advertising material relating to subdivided lands prior to its distribution, provided that the
division must approve or reject any advertising material within 15 days from the receipt thereof
or the material shall be considered approved.
(5) If it appears that a person has engaged or is about to engage in an act or practice
constituting a violation of a provision of this chapter or a rule or order hereunder, the agency,
with or without prior administrative proceedings, may bring an action in the district court of the
district where said person maintains his residence or a place of business or where said act or
practice has occurred or is about to occur, to enjoin the acts or practices and to enforce
compliance with this chapter or any rule or order hereunder. Upon proper showing, injunctive
relief or temporary restraining orders shall be granted, and a receiver or conservator may be
appointed. The division shall not be required to post a bond in any court proceedings.
(6) The division shall be allowed to intervene in a suit involving subdivided lands,
either as a party or as an amicus curiae, where it appears that the interpretation or
constitutionality of any provision of law will be called into question. In any suit by or against a
subdivider involving subdivided lands, the subdivider promptly shall furnish the agency notice
of the suit and copies of all pleadings. Failure to do so may, in the discretion of the division,
constitute grounds for the division withholding any approval required by this chapter.
(7) The division may:
(a) accept registrations filed in other states or with the federal government;
(b) contract with public agencies or qualified private persons in this state or other
jurisdictions to perform investigative functions; and
(c) accept grants-in-aid from any source.
(8) The division shall cooperate with similar agencies in other jurisdictions to establish
uniform filing procedures and forms, uniform public offering statements, advertising standards,
rules, and common administrative practices.
Section 154. Section 
57-13a-104
 is amended to read:
57-13a-104.
Abandonment of prescriptive easement for water conveyance.
(1) A holder of a prescriptive easement for a water conveyance established under
Section 
57-13a-102
 may, in accordance with this section, abandon all or part of the easement.
(2) 
(a)
 A holder of a prescriptive easement for a water conveyance established under
Section 
57-13a-102
 who seeks to abandon the easement or part of the easement shall[
:
]
, in each
county where the easement or part of the easement is located, file in the office of the county
recorder a notice of intent to abandon the prescriptive easement that describes the easement or
part of the easement to be abandoned.
(b) A county recorder who receives a notice of intent to abandon a prescriptive
easement shall:
(i) publish copies of the notice for the area generally served by the water conveyance
that utilizes the easement, as a class A notice under Section 63G-28-102, for at least 45 days;
and
[
(a) in each county where the easement or part of the easement is located, file in the
office of the county recorder a notice of intent to abandon the prescriptive easement that
describes the easement or part of the easement to be abandoned;
]
[
(b) post copies of the notice of intent to abandon the prescriptive easement in three
public places located within the area generally served by the water conveyance that utilizes the
easement;
]
[
(c)
] 
(ii)
 mail a copy of the notice of intent to abandon the prescriptive easement to
each municipal and county government where the easement or part of the easement is located[
;
]
.
[
(d) post a copy of the notice of intent to abandon the prescriptive easement on the
Utah Public Notice Website created in Section 
63A-16-601
; and
]
[
(e)
] 
(3)
 [
after
] 
After
 meeting the requirements of [
Subsections (2)(a), (b), (c), and (d)
]
Subsection (2)(a)
 and at least 45 days after the last day on which the [
holder of the easement
]
county recorder
 posts the notice of intent to abandon the prescriptive easement in accordance
with Subsection (2)(b), 
the holder of the prescriptive easement shall
 file in the office of the
county recorder for each county where the easement or part of the easement is located a notice
of abandonment that contains the same description required by Subsection (2)(a).
[
(3)
] 
(4)
 (a) Upon completion of the requirements described in Subsection (2) [
by the
holder of a prescriptive easement for a water conveyance established under Section
57-13a-102
]:
(i) all interest to the easement or part of the easement abandoned by the holder of the
easement is extinguished; and
(ii) subject to each legal right that exists as described in Subsection [
(3)(b)
] 
(4)(b)
, the
owner of a servient estate whose land was encumbered by the easement or part of the easement
abandoned may reclaim the land area occupied by the former easement or part of the easement
and resume full utilization of the land without liability to the former holder of the easement.
(b) Abandonment of a prescriptive easement under this section does not affect a legal
right to have water delivered or discharged through the water conveyance and easement
established by a person other than the holder of the easement who abandons an easement as
provided in this section.
(5) A county recorder may bill the holder of the prescriptive easement for the cost of
preparing, printing, and publishing the notice required under Subsection (2)(b).
Section 155. Section 
59-2-919
 is amended to read:
59-2-919.
Notice and public hearing requirements for certain tax increases --
Exceptions.
(1) As used in this section:
(a) "Additional ad valorem tax revenue" means ad valorem property tax revenue
generated by the portion of the tax rate that exceeds the taxing entity's certified tax rate.
(b) "Ad valorem tax revenue" means ad valorem property tax revenue not including
revenue from:
(i) eligible new growth as defined in Section 
59-2-924
; or
(ii) personal property that is:
(A) assessed by a county assessor in accordance with Part 3, County Assessment; and
(B) semiconductor manufacturing equipment.
(c) "Calendar year taxing entity" means a taxing entity that operates under a fiscal year
that begins on January 1 and ends on December 31.
(d) "County executive calendar year taxing entity" means a calendar year taxing entity
that operates under the county executive-council form of government described in Section
17-52a-203
.
(e) "Current calendar year" means the calendar year immediately preceding the
calendar year for which a calendar year taxing entity seeks to levy a tax rate that exceeds the
calendar year taxing entity's certified tax rate.
(f) "Fiscal year taxing entity" means a taxing entity that operates under a fiscal year that
begins on July 1 and ends on June 30.
(g) "Last year's property tax budgeted revenue" does not include revenue received by a
taxing entity from a debt service levy voted on by the public.
(2) A taxing entity may not levy a tax rate that exceeds the taxing entity's certified tax
rate unless the taxing entity meets:
(a) the requirements of this section that apply to the taxing entity; and
(b) all other requirements as may be required by law.
(3) (a) Subject to Subsection (3)(b) and except as provided in Subsection (5), a
calendar year taxing entity may levy a tax rate that exceeds the calendar year taxing entity's
certified tax rate if the calendar year taxing entity:
(i) 14 or more days before the date of the regular general election or municipal general
election held in the current calendar year, states at a public meeting:
(A) that the calendar year taxing entity intends to levy a tax rate that exceeds the
calendar year taxing entity's certified tax rate;
(B) 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; and
(C) the approximate percentage increase in ad valorem tax revenue for the taxing entity
based on the proposed increase described in Subsection (3)(a)(i)(B);
(ii) provides notice for the public meeting described in Subsection (3)(a)(i) in
accordance with Title 52, Chapter 4, Open and Public Meetings Act, including providing a
separate item on the meeting agenda that notifies the public that the calendar year taxing entity
intends to make the statement described in Subsection (3)(a)(i);
(iii) meets the advertisement requirements of Subsections (6) and (7) before the
calendar year taxing entity conducts the public hearing required by Subsection (3)(a)(v);
(iv) provides notice by mail:
(A) seven or more days before the regular general election or municipal general
election held in the current calendar year; and
(B) as provided in Subsection (3)(c); and
(v) conducts a public hearing that is held:
(A) in accordance with Subsections (8) and (9); and
(B) in conjunction with the public hearing required by Section 
17-36-13
 or 
17B-1-610
.
(b) (i) For a county executive calendar year taxing entity, the statement described in
Subsection (3)(a)(i) shall be made by the:
(A) county council;
(B) county executive; or
(C) both the county council and county executive.
(ii) If the county council makes the statement described in Subsection (3)(a)(i) or the
county council states a dollar amount of additional ad valorem tax revenue that is greater than
the amount of additional ad valorem tax revenue previously stated by the county executive in
accordance with Subsection (3)(a)(i), the county executive calendar year taxing entity shall:
(A) make the statement described in Subsection (3)(a)(i) 14 or more days before the
county executive calendar year taxing entity conducts the public hearing under Subsection
(3)(a)(v); and
(B) provide the notice required by Subsection (3)(a)(iv) 14 or more days before the
county executive calendar year taxing entity conducts the public hearing required by
Subsection (3)(a)(v).
(c) The notice described in Subsection (3)(a)(iv):
(i) shall be mailed to each owner of property:
(A) within the calendar year taxing entity; and
(B) listed on the assessment roll;
(ii) shall be printed on a separate form that:
(A) is developed by the commission;
(B) states at the top of the form, in bold upper-case type no smaller than 18 point
"NOTICE OF PROPOSED TAX INCREASE"; and
(C) may be mailed with the notice required by Section 
59-2-1317
;
(iii) shall contain for each property described in Subsection (3)(c)(i):
(A) the value of the property for the current calendar year;
(B) the tax on the property for the current calendar year; and
(C) subject to Subsection (3)(d), for the calendar year for which the calendar year
taxing entity seeks to levy a tax rate that exceeds the calendar year taxing entity's certified tax
rate, the estimated tax on the property;
(iv) shall contain the following statement:
"[Insert name of taxing entity] is proposing a tax increase for [insert applicable calendar
year]. This notice contains estimates of the tax on your property and the proposed tax increase
on your property as a result of this tax increase. These estimates are calculated on the basis of
[insert previous applicable calendar year] data. The actual tax on your property and proposed
tax increase on your property may vary from this estimate.";
(v) shall state the date, time, and place of the public hearing described in Subsection
(3)(a)(v); and
(vi) may contain other property tax information approved by the commission.
(d) For purposes of Subsection (3)(c)(iii)(C), a calendar year taxing entity shall
calculate the estimated tax on property on the basis of:
(i) data for the current calendar year; and
(ii) the amount of additional ad valorem tax revenue stated in accordance with this
section.
(4) Except as provided in Subsection (5), a fiscal year taxing entity may levy a tax rate
that exceeds the fiscal year taxing entity's certified tax rate if the fiscal year taxing entity:
(a) provides notice by meeting the advertisement requirements of Subsections (6) and
(7) before the fiscal year taxing entity conducts the public meeting at which the fiscal year
taxing entity's annual budget is adopted; and
(b) conducts a public hearing in accordance with Subsections (8) and (9) before the
fiscal year taxing entity's annual budget is adopted.
(5) (a) A taxing entity is not required to meet the notice or public hearing requirements
of Subsection (3) or (4) if the taxing entity is expressly exempted by law from complying with
the requirements of this section.
(b) A taxing entity is not required to meet the notice requirements of Subsection (3) or
(4) if:
(i) Section 
53F-8-301
 allows the taxing entity to levy a tax rate that exceeds that
certified tax rate without having to comply with the notice provisions of this section; or
(ii) the taxing entity:
(A) budgeted less than $20,000 in ad valorem tax revenue for the previous fiscal year;
and
(B) sets a budget during the current fiscal year of less than $20,000 of ad valorem tax
revenue.
(6) (a) Subject to Subsections (6)(d) and (7)(b), the advertisement described in this
section shall be published:
(i) subject to Section 
45-1-101
, in a newspaper or combination of newspapers of
general circulation in the taxing entity;
(ii) electronically in accordance with Section 
45-1-101
; and
[
(iii) on the Utah Public Notice Website created in Section 
63A-16-601
]
(iii) for the taxing entity, as a class A notice under Section 
63G-28-102
, for at least 14
days
.
(b) The advertisement described in Subsection (6)(a)(i) shall:
(i) be no less than 1/4 page in size;
(ii) use type no smaller than 18 point; and
(iii) be surrounded by a 1/4-inch border.
(c) The advertisement described in Subsection (6)(a)(i) may not be placed in that
portion of the newspaper where legal notices and classified advertisements appear.
(d) It is the intent of the Legislature that:
(i) whenever possible, the advertisement described in Subsection (6)(a)(i) appear in a
newspaper that is published at least one day per week; and
(ii) the newspaper or combination of newspapers selected:
(A) be of general interest and readership in the taxing entity; and
(B) not be of limited subject matter.
(e) (i) The advertisement described in Subsection (6)(a)(i) shall:
(A) except as provided in Subsection (6)(f), be run once each week for the two weeks
before a taxing entity conducts a public hearing described under Subsection (3)(a)(v) or (4)(b);
and
(B) state that the taxing entity will meet on a certain day, time, and place fixed in the
advertisement, which shall be seven or more days after the day the first advertisement is
published, for the purpose of hearing comments regarding any proposed increase and to explain
the reasons for the proposed increase.
(ii) The advertisement described in Subsection (6)(a)(ii) shall:
(A) be published two weeks before a taxing entity conducts a public hearing described
in Subsection (3)(a)(v) or (4)(b); and
(B) state that the taxing entity will meet on a certain day, time, and place fixed in the
advertisement, which shall be seven or more days after the day the first advertisement is
published, for the purpose of hearing comments regarding any proposed increase and to explain
the reasons for the proposed increase.
(f) If a fiscal year taxing entity's public hearing information is published by the county
auditor in accordance with Section 
59-2-919.2
, the fiscal year taxing entity is not subject to the
requirement to run the advertisement twice, as required by Subsection (6)(e)(i), but shall run
the advertisement once during the week before the fiscal year taxing entity conducts a public
hearing at which the taxing entity's annual budget is discussed.
(g) For purposes of Subsection (3)(a)(iii) or (4)(a), the form and content of an
advertisement shall be substantially as follows:
"NOTICE OF PROPOSED TAX INCREASE
(NAME OF TAXING ENTITY)
The (name of the taxing entity) is proposing to increase its property tax revenue.
• The (name of the taxing entity) tax on a (insert the average value of a residence
in the taxing entity rounded to the nearest thousand dollars) residence would increase from
$______ to $________, which is $_______ per year.
• The (name of the taxing entity) tax on a (insert the value of a business having
the same value as the average value of a residence in the taxing entity) business would increase
from $________ to $_______, which is $______ per year.
• If the proposed budget is approved, (name of the taxing entity) would increase
its property tax budgeted revenue by ___% above last year's property tax budgeted revenue
excluding eligible new growth.
All concerned citizens are invited to a public hearing on the tax increase.
PUBLIC HEARING
Date/Time: (date) (time)
Location: (name of meeting place and address of meeting place)
To obtain more information regarding the tax increase, citizens may contact the (name
of the taxing entity) at (phone number of taxing entity)."
(7) The commission:
(a) shall adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, governing the joint use of one advertisement described in Subsection (6) by
two or more taxing entities; and
(b) subject to Section 
45-1-101
, may authorize:
(i) the use of a weekly newspaper:
(A) in a county having both daily and weekly newspapers if the weekly newspaper
would provide equal or greater notice to the taxpayer; and
(B) if the county petitions the commission for the use of the weekly newspaper; or
(ii) the use by a taxing entity of a commission approved direct notice to each taxpayer
if:
(A) the cost of the advertisement would cause undue hardship;
(B) the direct notice is different and separate from that provided for in Section
59-2-919.1
; and
(C) the taxing entity petitions the commission for the use of a commission approved
direct notice.
(8) (a) (i) (A) A fiscal year taxing entity shall, on or before March 1, notify the county
legislative body in which the fiscal year taxing entity is located of the date, time, and place of
the first public hearing at which the fiscal year taxing entity's annual budget will be discussed.
(B) A county that receives notice from a fiscal year taxing entity under Subsection
(8)(a)(i)(A) shall include on the notice required by Section 
59-2-919.1
 the date, time, and place
of the public hearing described in Subsection (8)(a)(i)(A).
(ii) A calendar year taxing entity shall, on or before October 1 of the current calendar
year, notify the county legislative body in which the calendar year taxing entity is located of the
date, time, and place of the first public hearing at which the calendar year taxing entity's annual
budget will be discussed.
(b) (i) A public hearing described in Subsection (3)(a)(v) or (4)(b) shall be:
(A) open to the public; and
(B) held at a meeting of the taxing entity with no items on the agenda other than
discussion and action on the taxing entity's intent to levy a tax rate that exceeds the taxing
entity's certified tax rate, the taxing entity's budget, a local district's or special service district's
fee implementation or increase, or a combination of these items.
(ii) The governing body of a taxing entity conducting a public hearing described in
Subsection (3)(a)(v) or (4)(b) shall provide an interested party desiring to be heard an
opportunity to present oral testimony:
(A) within reasonable time limits; and
(B) without unreasonable restriction on the number of individuals allowed to make
public comment.
(c) (i) Except as provided in Subsection (8)(c)(ii), a taxing entity may not schedule a
public hearing described in Subsection (3)(a)(v) or (4)(b) at the same time as the public hearing
of another overlapping taxing entity in the same county.
(ii) The taxing entities in which the power to set tax levies is vested in the same
governing board or authority may consolidate the public hearings described in Subsection
(3)(a)(v) or (4)(b) into one public hearing.
(d) A county legislative body shall resolve any conflict in public hearing dates and
times after consultation with each affected taxing entity.
(e) (i) A taxing entity shall hold a public hearing described in Subsection (3)(a)(v) or
(4)(b) beginning at or after 6 p.m.
(ii) If a taxing entity holds a public meeting for the purpose of addressing general
business of the taxing entity on the same date as a public hearing described in Subsection
(3)(a)(v) or (4)(b), the public meeting addressing general business items shall conclude before
the beginning of the public hearing described in Subsection (3)(a)(v) or (4)(b).
(f) (i) Except as provided in Subsection (8)(f)(ii), a taxing entity may not hold the
public hearing described in Subsection (3)(a)(v) or (4)(b) on the same date as another public
hearing of the taxing entity.
(ii) A taxing entity may hold the following hearings on the same date as a public
hearing described in Subsection (3)(a)(v) or (4)(b):
(A) a budget hearing;
(B) if the taxing entity is a local district or a special service district, a fee hearing
described in Section 
17B-1-643
;
(C) if the taxing entity is a town, an enterprise fund hearing described in Section
10-5-107.5
; or
(D) if the taxing entity is a city, an enterprise fund hearing described in Section
10-6-135.5
.
(9) (a) If a taxing entity does not make a final decision on budgeting additional ad
valorem tax revenue at a public hearing described in Subsection (3)(a)(v) or (4)(b), the taxing
entity shall:
(i) announce at that public hearing the scheduled time and place of the next public
meeting at which the taxing entity will consider budgeting the additional ad valorem tax
revenue; and
(ii) if the taxing entity is a fiscal year taxing entity, hold the public meeting described
in Subsection (9)(a)(i) before September 1.
(b) A calendar year taxing entity may not adopt a final budget that budgets an amount
of additional ad valorem tax revenue that exceeds the largest amount of additional ad valorem
tax revenue stated at a public meeting under Subsection (3)(a)(i).
(c) A public hearing on levying a tax rate that exceeds a fiscal year taxing entity's
certified tax rate may coincide with a public hearing on the fiscal year taxing entity's proposed
annual budget.
Section 156. Section 
59-2-919.2
 is amended to read:
59-2-919.2.
Consolidated advertisement of public hearings.
(1) (a) Except as provided in Subsection (1)(b), on the same day on which a taxing
entity provides the notice to the county required under Subsection 
59-2-919
(8)(a)(i), the taxing
entity shall provide to the county auditor the information required by Subsection
59-2-919
(8)(a)(i).
(b) A taxing entity is not required to notify the county auditor of the taxing entity's
public hearing in accordance with Subsection (1)(a) if the taxing entity is exempt from the
notice requirements of Section 
59-2-919
.
(2) If as of July 22, two or more taxing entities notify the county auditor under
Subsection (1), the county auditor shall by no later than July 22 of each year:
(a) compile a list of the taxing entities that notify the county auditor under Subsection
(1);
(b) include on the list described in Subsection (2)(a), the following information for
each taxing entity on the list:
(i) the name of the taxing entity;
(ii) the date, time, and location of the public hearing described in Subsection
59-2-919
(8)(a)(i);
(iii) the average dollar increase on a residence in the taxing entity that the proposed tax
increase would generate; and
(iv) the average dollar increase on a business in the taxing entity that the proposed tax
increase would generate;
(c) provide a copy of the list described in Subsection (2)(a) to each taxing entity that
notifies the county auditor under Subsection (1); and
(d) in addition to the requirements of Subsection (3), if the county has a webpage,
publish a copy of the list described in Subsection (2)(a) on the county's webpage until
December 31.
(3) (a) At least two weeks before any public hearing included in the list under
Subsection (2) is held, the county auditor shall publish:
(i) the list compiled under Subsection (2); and
(ii) a statement that:
(A) the list is for informational purposes only;
(B) the list should not be relied on to determine a person's tax liability under this
chapter; and
(C) for specific information related to the tax liability of a taxpayer, the taxpayer
should review the taxpayer's tax notice received under Section 
59-2-919.1
.
(b) Except as provided in Subsection (3)(d)(ii), the information described in Subsection
(3)(a) shall be published:
(i) in no less than 1/4 page in size;
(ii) in type no smaller than 18 point; and
(iii) surrounded by a 1/4-inch border.
(c) The published information described in Subsection (3)(a) and published in
accordance with Subsection (3)(d)(i) may not be placed in the portion of a newspaper where a
legal notice or classified advertisement appears.
(d) A county auditor shall publish the information described in Subsection (3)(a):
(i) (A) in a newspaper or combination of newspapers that are:
(I) published at least one day per week;
(II) of general interest and readership in the county; and
(III) not of limited subject matter; and
(B) once each week for the two weeks preceding the first hearing included in the list
compiled under Subsection (2); and
(ii) for two weeks preceding the 
the day of the
 first hearing included in the list
compiled under Subsection (2):
(A) as required in Section 
45-1-101
; and
[
(B) on the Utah Public Notice Website created in Section 
63A-16-601
]
(B) for the county, as a class A notice under Section 
63G-28-102
.
(4) A taxing entity that notifies the county auditor under Subsection (1) shall provide
the list described in Subsection (2)(c) to a person:
(a) who attends the public hearing described in Subsection 
59-2-919
(8)(a)(i) of the
taxing entity; or
(b) who requests a copy of the list.
(5) (a) A county auditor shall by no later than 30 days from the day on which the last
publication of the information required by Subsection (3)(a) is made:
(i) determine the costs of compiling and publishing the list; and
(ii) charge each taxing entity included on the list an amount calculated by dividing the
amount determined under Subsection (5)(a) by the number of taxing entities on the list.
(b) A taxing entity shall pay the county auditor the amount charged under Subsection
(5)(a).
(6) The publication of the list under this section does not remove or change the notice
requirements of Section 
59-2-919
 for a taxing entity.
(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may make rules:
(a) relating to the publication of a consolidated advertisement which includes the
information described in Subsection (2) for a taxing entity that overlaps two or more counties;
(b) relating to the payment required in Subsection (5)(b); and
(c) to oversee the administration of this section and provide for uniform
implementation.
Section 157. Section 
59-12-402
 is amended to read:
59-12-402.
Additional resort communities sales and use tax -- Base -- Rate --
Collection fees -- Resolution and voter approval requirements -- Election requirements --
Notice requirements -- Ordinance requirements -- Prohibition of military installation
development authority imposition of tax.
(1) (a) Subject to Subsections (2) through (6), the governing body of a municipality in
which the transient room capacity as defined in Section 
59-12-405
 is greater than or equal to
66% of the municipality's permanent census population may, in addition to the sales tax
authorized under Section 
59-12-401
, impose an additional resort communities sales tax in an
amount that is less than or equal to .5% on the transactions described in Subsection
59-12-103
(1) located within the municipality.
(b) Notwithstanding Subsection (1)(a), the governing body of a municipality may not
impose a tax under this section on:
(i) the sale of:
(A) a motor vehicle;
(B) an aircraft;
(C) a watercraft;
(D) a modular home;
(E) a manufactured home; or
(F) a mobile home;
(ii) the sales and uses described in Section 
59-12-104
 to the extent the sales and uses
are exempt from taxation under Section 
59-12-104
; and
(iii) except as provided in Subsection (1)(d), amounts paid or charged for food and
food ingredients.
(c) For purposes of this Subsection (1), the location of a transaction shall be
determined in accordance with Sections 
59-12-211
 through 
59-12-215
.
(d) A municipality imposing a tax under this section shall impose the tax on the
purchase price or sales price for amounts paid or charged for food and food ingredients if the
food and food ingredients are sold as part of a bundled transaction attributable to food and food
ingredients and tangible personal property other than food and food ingredients.
(2) (a) An amount equal to the total of any costs incurred by the state in connection
with the implementation of Subsection (1) which exceed, in any year, the revenues received by
the state from its collection fees received in connection with the implementation of Subsection
(1) shall be paid over to the state General Fund by the cities and towns which impose the tax
provided for in Subsection (1).
(b) Amounts paid under Subsection (2)(a) shall be allocated proportionally among
those cities and towns according to the amount of revenue the respective cities and towns
generate in that year through imposition of that tax.
(3) To impose an additional resort communities sales tax under this section, the
governing body of the municipality shall:
(a) pass a resolution approving the tax; and
(b) except as provided in Subsection (6), obtain voter approval for the tax as provided
in Subsection (4).
(4) To obtain voter approval for an additional resort communities sales tax under
Subsection (3)(b), a municipality shall:
(a) hold the additional resort communities sales tax election during:
(i) a regular general election; or
(ii) a municipal general election; and
(b) post notice of the election[
:
] 
for the municipality, as a class A notice under Section
63G-28-102
, for at least 15 days before the day on which the election is held.
[
(i) 15 days or more before the day on which the election is held; and
]
[
(ii) on the Utah Public Notice Website created in Section 
63A-16-601
.
]
(5) An ordinance approving an additional resort communities sales tax under this
section shall provide an effective date for the tax as provided in Section 
59-12-403
.
(6) (a) Except as provided in Subsection (6)(b), a municipality is not subject to the
voter approval requirements of Subsection (3)(b) if, on or before January 1, 1996, the
municipality imposed a license fee or tax on businesses based on gross receipts pursuant to
Section 
10-1-203
.
(b) The exception from the voter approval requirements in Subsection (6)(a) does not
apply to a municipality that, on or before January 1, 1996, imposed a license fee or tax on only
one class of businesses based on gross receipts pursuant to Section 
10-1-203
.
(7) A military installation development authority authorized to impose a resort
communities tax under Section 
59-12-401
 may not impose an additional resort communities
sales tax under this section.
Section 158. Section 
59-12-1102
 is amended to read:
59-12-1102.
Base -- Rate -- Imposition of tax -- Distribution of revenue --
Administration -- Administrative charge -- Commission requirement to retain an amount
to be deposited into the Qualified Emergency Food Agencies Fund -- Enactment or repeal
of tax -- Effective date -- Notice requirements.
(1) (a) (i) Subject to Subsections (2) through (6), and in addition to any other tax
authorized by this chapter, a county may impose by ordinance a county option sales and use tax
of .25% upon the transactions described in Subsection 
59-12-103
(1).
(ii) Notwithstanding Subsection (1)(a)(i), a county may not impose a tax under this
section on the sales and uses described in Section 
59-12-104
 to the extent the sales and uses are
exempt from taxation under Section 
59-12-104
.
(b) For purposes of this Subsection (1), the location of a transaction shall be
determined in accordance with Sections 
59-12-211
 through 
59-12-215
.
(c) The county option sales and use tax under this section shall be imposed:
(i) upon transactions that are located within the county, including transactions that are
located within municipalities in the county; and
(ii) except as provided in Subsection (1)(d) or (5), beginning on the first day of
January:
(A) of the next calendar year after adoption of the ordinance imposing the tax if the
ordinance is adopted on or before May 25; or
(B) of the second calendar year after adoption of the ordinance imposing the tax if the
ordinance is adopted after May 25.
(d) The county option sales and use tax under this section shall be imposed:
(i) beginning January 1, 1998, if an ordinance adopting the tax imposed on or before
September 4, 1997; or
(ii) beginning January 1, 1999, if an ordinance adopting the tax is imposed during 1997
but after September 4, 1997.
(2) (a) Before imposing a county option sales and use tax under Subsection (1), a
county shall hold two public hearings on separate days in geographically diverse locations in
the county.
(b) (i) At least one of the hearings required by Subsection (2)(a) shall have a starting
time of no earlier than 6 p.m.
(ii) The earlier of the hearings required by Subsection (2)(a) shall be no less than seven
days after the day the first advertisement required by Subsection (2)(c) is published.
(c) (i) Before holding the public hearings required by Subsection (2)(a), the county
shall advertise:
(A) its intent to adopt a county option sales and use tax;
(B) the date, time, and location of each public hearing; and
(C) a statement that the purpose of each public hearing is to obtain public comments
regarding the proposed tax.
(ii) The advertisement shall be published:
(A) in a newspaper of general circulation in the county once each week for the two
weeks preceding the earlier of the two public hearings; and
(B) [
on the Utah Public Notice Website created in Section 
63A-16-601
] 
for the county,
as a class A notice under Section 
63G-28-102
, for two weeks [
preceding
] 
before
 the [
earlier of
]
day on which the first of
 the two public hearings 
is held
.
(iii) The advertisement described in Subsection (2)(c)(ii)(A) shall be no less than 1/8
page in size, and the type used shall be no smaller than 18 point and surrounded by a 1/4-inch
border.
(iv) The advertisement described in Subsection (2)(c)(ii)(A) may not be placed in that
portion of the newspaper where legal notices and classified advertisements appear.
(v) In accordance with Subsection (2)(c)(ii)(A), whenever possible:
(A) the advertisement shall appear in a newspaper that is published at least five days a
week, unless the only newspaper in the county is published less than five days a week; and
(B) the newspaper selected shall be one of general interest and readership in the
community, and not one of limited subject matter.
(d) The adoption of an ordinance imposing a county option sales and use tax is subject
to a local referendum election and shall be conducted as provided in Title 20A, Chapter 7, Part
6, Local Referenda - Procedures.
(3) (a) Subject to Subsection (5), if the aggregate population of the counties imposing a
county option sales and use tax under Subsection (1) is less than 75% of the state population,
the tax levied under Subsection (1) shall be distributed to the county in which the tax was
collected.
(b) Subject to Subsection (5), if the aggregate population of the counties imposing a
county option sales and use tax under Subsection (1) is greater than or equal to 75% of the state
population:
(i) 50% of the tax collected under Subsection (1) in each county shall be distributed to
the county in which the tax was collected; and
(ii) except as provided in Subsection (3)(c), 50% of the tax collected under Subsection
(1) in each county shall be distributed proportionately among all counties imposing the tax,
based on the total population of each county.
(c) Except as provided in Subsection (5), the amount to be distributed annually to a
county under Subsection (3)(b)(ii), when combined with the amount distributed to the county
under Subsection (3)(b)(i), does not equal at least $75,000, then:
(i) the amount to be distributed annually to that county under Subsection (3)(b)(ii) shall
be increased so that, when combined with the amount distributed to the county under
Subsection (3)(b)(i), the amount distributed annually to the county is $75,000; and
(ii) the amount to be distributed annually to all other counties under Subsection
(3)(b)(ii) shall be reduced proportionately to offset the additional amount distributed under
Subsection (3)(c)(i).
(d) The commission shall establish rules to implement the distribution of the tax under
Subsections (3)(a), (b), and (c).
(4) (a) Except as provided in Subsection (4)(b) or (c), a tax authorized under this part
shall be administered, collected, and enforced in accordance with:
(i) the same procedures used to administer, collect, and enforce the tax under:
(A) Part 1, Tax Collection; or
(B) Part 2, Local Sales and Use Tax Act; and
(ii) Chapter 1, General Taxation Policies.
(b) A tax under this part is not subject to Subsections 
59-12-205
(2) through (6).
(c) (i) Subject to Subsection (4)(c)(ii), the commission shall retain and deposit an
administrative charge in accordance with Section 
59-1-306
 from the revenue the commission
collects from a tax under this part.
(ii) Notwithstanding Section 
59-1-306
, the administrative charge described in
Subsection (4)(c)(i) shall be calculated by taking a percentage described in Section 
59-1-306
 of
the distribution amounts resulting after:
(A) the applicable distribution calculations under Subsection (3) have been made; and
(B) the commission retains the amount required by Subsection (5).
(5) (a) Beginning on July 1, 2009, the commission shall calculate and retain a portion
of the sales and use tax collected under this part as provided in this Subsection (5).
(b) For a county that imposes a tax under this part, the commission shall calculate a
percentage each month by dividing the sales and use tax collected under this part for that
month within the boundaries of that county by the total sales and use tax collected under this
part for that month within the boundaries of all of the counties that impose a tax under this part.
(c) For a county that imposes a tax under this part, the commission shall retain each
month an amount equal to the product of:
(i) the percentage the commission determines for the month under Subsection (5)(b)
for the county; and
(ii) $6,354.
(d) The commission shall deposit an amount the commission retains in accordance
with this Subsection (5) into the Qualified Emergency Food Agencies Fund created by Section
35A-8-1009
.
(e) An amount the commission deposits into the Qualified Emergency Food Agencies
Fund shall be expended as provided in Section 
35A-8-1009
.
(6) (a) For purposes of this Subsection (6):
(i) "Annexation" means an annexation to a county under Title 17, Chapter 2, County
Consolidations and Annexations.
(ii) "Annexing area" means an area that is annexed into a county.
(b) (i) Except as provided in Subsection (6)(c) or (d), if, on or after July 1, 2004, a
county enacts or repeals a tax under this part:
(A) (I) the enactment shall take effect as provided in Subsection (1)(c); or
(II) the repeal shall take effect on the first day of a calendar quarter; and
(B) after a 90-day period beginning on the date the commission receives notice meeting
the requirements of Subsection (6)(b)(ii) from the county.
(ii) The notice described in Subsection (6)(b)(i)(B) shall state:
(A) that the county will enact or repeal a tax under this part;
(B) the statutory authority for the tax described in Subsection (6)(b)(ii)(A);
(C) the effective date of the tax described in Subsection (6)(b)(ii)(A); and
(D) if the county enacts the tax described in Subsection (6)(b)(ii)(A), the rate of the
tax.
(c) (i) If the billing period for a transaction begins before the effective date of the
enactment of the tax under Subsection (1), the enactment of the tax takes effect on the first day
of the first billing period that begins on or after the effective date of the enactment of the tax.
(ii) The repeal of a tax applies to a billing period if the billing statement for the billing
period is produced on or after the effective date of the repeal of the tax imposed under
Subsection (1).
(d) (i) If a tax due under this chapter on a catalogue sale is computed on the basis of
sales and use tax rates published in the catalogue, an enactment or repeal of a tax described in
Subsection (6)(b)(i) takes effect:
(A) on the first day of a calendar quarter; and
(B) beginning 60 days after the effective date of the enactment or repeal under
Subsection (6)(b)(i).
(ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define the term "catalogue sale."
(e) (i) Except as provided in Subsection (6)(f) or (g), if, for an annexation that occurs
on or after July 1, 2004, the annexation will result in the enactment or repeal of a tax under this
part for an annexing area, the enactment or repeal shall take effect:
(A) on the first day of a calendar quarter; and
(B) after a 90-day period beginning on the date the commission receives notice meeting
the requirements of Subsection (6)(e)(ii) from the county that annexes the annexing area.
(ii) The notice described in Subsection (6)(e)(i)(B) shall state:
(A) that the annexation described in Subsection (6)(e)(i) will result in an enactment or
repeal of a tax under this part for the annexing area;
(B) the statutory authority for the tax described in Subsection (6)(e)(ii)(A);
(C) the effective date of the tax described in Subsection (6)(e)(ii)(A); and
(D) the rate of the tax described in Subsection (6)(e)(ii)(A).
(f) (i) If the billing period for a transaction begins before the effective date of the
enactment of the tax under Subsection (1), the enactment of the tax takes effect on the first day
of the first billing period that begins on or after the effective date of the enactment of the tax.
(ii) The repeal of a tax applies to a billing period if the billing statement for the billing
period is produced on or after the effective date of the repeal of the tax imposed under
Subsection (1).
(g) (i) If a tax due under this chapter on a catalogue sale is computed on the basis of
sales and use tax rates published in the catalogue, an enactment or repeal of a tax described in
Subsection (6)(e)(i) takes effect:
(A) on the first day of a calendar quarter; and
(B) beginning 60 days after the effective date of the enactment or repeal under
Subsection (6)(e)(i).
(ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define the term "catalogue sale."
Section 159. Section 
59-12-2208
 is amended to read:
59-12-2208.
Legislative body approval requirements -- Notice -- Voter approval
requirements.
(1) Subject to the other provisions of this section, before imposing a sales and use tax
under this part, a county, city, or town legislative body shall:
(a) obtain approval to impose the sales and use tax from a majority of the members of
the county, city, or town legislative body; and
(b) submit an opinion question to the county's, city's, or town's registered voters voting
on the imposition of the sales and use tax so that each registered voter has the opportunity to
express the registered voter's opinion on whether a sales and use tax should be imposed under
this section.
(2) The opinion question required by this section shall state:
"Shall (insert the name of the county, city, or town), Utah, be authorized to impose a
(insert the tax rate of the sales and use tax) sales and use tax for (list the purposes for which the
revenues collected from the sales and use tax shall be expended)?"
(3) (a) Subject to Subsection (3)(b), the election required by this section shall be held:
(i) at a regular general election conducted in accordance with the procedures and
requirements of Title 20A, Election Code, governing regular general elections; or
(ii) at a municipal general election conducted in accordance with the procedures and
requirements of Section 
20A-1-202
.
(b) (i) Subject to Subsection (3)(b)(ii), the county clerk of the county in which the
opinion question required by this section will be submitted to registered voters shall[
, no later
than
]
:
(A) provide notice for the county, city, or town, as a class A notice under Section
63G-28-102
, for at least
days before the date of the election[
:
]
; and
[
(A) post a notice on the Utah Public Notice Website created in Section 
63A-16-601
;
or
]
[
(B) (I) cause a copy of the notice to be posted in a conspicuous place most likely to
give notice of the election to the registered voters voting on the imposition of the sales and use
tax; and
]
[
(II)
] 
(B)
 prepare an affidavit of that posting, showing a copy of the notice and the
places where the notice was posted.
(ii) The notice under Subsection (3)(b)(i) shall:
(A) state that an opinion question will be submitted to the county's, city's, or town's
registered voters voting on the imposition of a sales and use tax under this section so that each
registered voter has the opportunity to express the registered voter's opinion on whether a sales
and use tax should be imposed under this section; and
(B) list the purposes for which the revenues collected from the sales and use tax shall
be expended.
(4) A county, city, or town that submits an opinion question to registered voters under
this section is subject to Section 
20A-11-1203
.
(5) Subject to Section 
59-12-2209
, if a county, city, or town legislative body
determines that a majority of the county's, city's, or town's registered voters voting on the
imposition of a sales and use tax under this part have voted in favor of the imposition of the
sales and use tax in accordance with this section, the county, city, or town legislative body shall
impose the sales and use tax.
(6) If, after imposing a sales and use tax under this part, a county, city, or town
legislative body seeks to impose a tax rate for the sales and use tax that exceeds or is less than
the tax rate stated in the opinion question described in Subsection (2) or repeals the tax rate
stated in the opinion question described in Subsection (2), the county, city, or town legislative
body shall:
(a) obtain approval from a majority of the members of the county, city, or town
legislative body to impose a tax rate for the sales and use tax that exceeds or is less than the tax
rate stated in the opinion question described in Subsection (2) or repeals the tax rate stated in
the opinion question described in Subsection (2); and
(b) in accordance with the procedures and requirements of this section, submit an
opinion question to the county's, city's, or town's registered voters voting on the tax rate so that
each registered voter has the opportunity to express the registered voter's opinion on whether to
impose a tax rate for the sales and use tax that exceeds or is less than the tax rate stated in the
opinion question described in Subsection (2) or repeal the tax rate stated in the opinion
question described in Subsection (2).
Section 160. Section 
62A-5-202.5
 is amended to read:
62A-5-202.5.
Utah State Developmental Center Board -- Creation -- Membership
-- Duties -- Powers.
(1) There is created the Utah State Developmental Center Board within the Department
of 
Health and
 Human Services.
(2) The board is composed of nine members as follows:
(a) the director of the division or the director's designee;
(b) the superintendent of the developmental center or the superintendent's designee;
(c) the executive director of the Department of 
Health and
 Human Services or the
executive director's designee;
(d) a resident of the developmental center selected by the superintendent; and
(e) five members appointed by the governor with the advice and consent of the Senate
as follows:
(i) three members of the general public; and
(ii) two members who are parents or guardians of individuals who receive services at
the developmental center.
(3) In making appointments to the board, the governor shall ensure that:
(a) no more than three members have immediate family residing at the developmental
center; and
(b) members represent a variety of geographic areas and economic interests of the state.
(4) (a) The governor shall appoint each member described in Subsection (2)(e) for a
term of four years.
(b) An appointed member may not serve more than two full consecutive terms unless
the governor determines that an additional term is in the best interest of the state.
(c) Notwithstanding the requirements of Subsections (4)(a) and (b), the governor shall,
at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
of appointed members are staggered so that approximately half of the appointed members are
appointed every two years.
(d) Appointed members shall continue in office until the expiration of their terms and
until their successors are appointed, which may not exceed 120 days after the formal expiration
of a term.
(e) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(5) (a) The director shall serve as the chair.
(b) The board shall appoint a member to serve as vice chair.
(c) The board shall hold meetings quarterly or as needed.
(d) Five members are necessary to constitute a quorum at any meeting, and, if a
quorum exists, the action of the majority of members present shall be the action of the board.
(e) The chair shall be a non-voting member except that the chair may vote to break a tie
vote between the voting members.
(6) An appointed member may not receive compensation or benefits for the member's
service, but, at the executive director's discretion, may receive per diem and travel expenses in
accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(7) (a) The board shall adopt bylaws governing the board's activities.
(b) Bylaws shall include procedures for removal of a member who is unable or
unwilling to fulfill the requirements of the member's appointment.
(8) The board shall:
(a) act for the benefit of the developmental center and the division;
(b) advise and assist the division with the division's functions, operations, and duties
related to the developmental center, described in Sections 
62A-5-102
, 
62A-5-103
, 
62A-5-201
,
62A-5-203
, and 
62A-5-206
;
(c) administer the Utah State Developmental Center Miscellaneous Donation Fund, as
described in Section 
62A-5-206.5
;
(d) administer the Utah State Developmental Center Land Fund, as described in
Section 
62A-5-206.6
;
(e) approve the sale, lease, or other disposition of real property or water rights
associated with the developmental center, as described in Subsection 
62A-5-206.6
(2); and
(f) within 21 days after the day on which the board receives the notice required under
Subsection [
10-2-419
(3)(c)
] 
10-2-419
(3)(b)
, provide a written opinion regarding the proposed
boundary adjustment to:
(i) the director of the Division of Facilities and Construction Management; and
(ii) the Legislative Management Committee. 
Section 161. Section 
63A-5b-305
 is amended to read:
63A-5b-305.
Duties and authority of director.
(1) The director shall:
(a) administer the division's duties and responsibilities;
(b) report all property acquired by the state, except property acquired by an institution
of higher education or the trust lands administration, to the director of the Division of Finance
for inclusion in the state's financial records;
(c) after receiving the notice required under Subsection [
10-2-419
(3)(c)
]
10-2-419
(3)(b)
, file a written protest at or before the public hearing under Subsection
10-2-419
(2)(b), if:
(i) it is in the best interest of the state to protest the boundary adjustment; or
(ii) the Legislature instructs the director to protest the boundary adjustment; and
(d) take all other action that the director is required to take under this chapter or other
applicable statute.
(2) The director may:
(a) create forms and make policies necessary for the division or director to perform the
division or director's duties;
(b) (i) hire or otherwise procure assistance and service, professional, skilled, or
otherwise, necessary to carry out the director's duties under this chapter; and
(ii) expend funds provided for the purpose described in Subsection (2)(b)(i) through
annual operation budget appropriations or from other nonlapsing project funds;
(c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules necessary for the division or director to perform the division or director's duties;
and
(d) take all other action necessary for carrying out the purposes of this chapter.
Section 162. Section 
63A-16-602
 is amended to read:
63A-16-602.
Notice and training by the Division of Archives and Records Service.
(1) The Division of Archives and Records Service shall provide notice of the
provisions and requirements of this chapter to all public bodies that are subject to the provision
of Subsection [
52-4-202
(3)(a)(ii)
] 
52-4-202
(3)(a)
.
(2) The Division of Archives and Records Service shall, as necessary, provide periodic
training on the use of the website to public bodies that are authorized to post notice on the
website.
Section 163. Section 
63G-28-101
 is enacted to read:
CHAPTER 28. PUBLIC NOTICE
 63G-28-101.
 Definitions.
As used in this chapter:
(1) "Affected area" means:
(a) the area that is designated in statute, county ordinance, or municipal ordinance as
the area for which public notice must be provided;
(b) in relation to a statute, if no affected area is designated in the statute, the affected
area is the state;
(c) in relation to a county ordinance, if no affected area is designated in the county
ordinance, the affected area is the county; or
(d) in relation to a municipal ordinance, if no affected area is designated in the
municipal ordinance, the affected area is the municipality.
(2) "Government official" means an individual elected or appointed to a state office,
county office, municipal office, school board, school district office, local district office, or
special service district office.
(3) "Notice summary statement" means a statement that includes the following in
relation to a public notice:
(a) a title that accurately describes the purpose or subject of the public notice;
(b) the name of the public body, or the name and title of the government official, that
provides the public notice;
(c) a statement that clearly describes the matter for which the public notice is given;
(d) a general description of the area to which the public notice relates;
(e) the dates and deadlines applicable to the matter for which the public notice is given;
and
(f) information specifying where a person may obtain a copy of the complete public
notice, including:
(i) the web address for the Utah Public Notice Website;
(ii) if the public body or government official maintains a public website, the web
address where the public notice is located;
(iii) the address of a physical location where a copy of the public notice may be viewed
or obtained; and
(iv) a telephone number that an individual may call to request a copy of the public
notice.
(4) "Public body" means the same as that term is defined in Section 
52-4-103
.
(5) "Public location" means:
(a) a location that is open to the general public, regardless of whether the location is
owned by a public entity, a private entity, or an individual; or
(b) a location that is not open to the general public, but where the notice is clearly
visible to, and may easily be read by, an individual while the individual is present in a location
described in Subsection (5)(a).
(6) "Public notice" means a notice that is required to be provided to the public by a
public body or a government official.
(7) "Utah Public Notice Website" means the Utah Public Notice Website created in
Section 
63A-16-601
.
Section 164. Section 
63G-28-102
 is enacted to read:
 63G-28-102.
Public notice classifications and requirements.
(1) A public body or a government official that is required to provide a class A notice:
(a) shall publish the public notice on the Utah Public Notice Website;
(b) shall publish the public notice on the public body's or government official's official
website, if the public body or government official:
(i) maintains an official website; and
(ii) has an annual operating budget of $250,000 or more; and
(c) except as provided in Subsection (4), and subject to Subsection (5), post the public
notice in connection with the affected area as follows:
(i) if the affected area is a municipality with a population of less than 2,000, in a public
location in or near the affected area that is reasonably likely to be seen by residents of the
affected area;
(ii) if the affected area is a proposed municipality with a population of less than 2,000,
in a public location in or near the affected area that is reasonably likely to be seen by residents
of the affected area;
(iii) if the affected area is an area other than an area described in Subsections (1)(c)(i), 
(1)(c)(ii), or (1)(c)(iv) through (viii), in a public location in or near the affected area that is
reasonably likely to be seen by:
(A) residents of the affected area; or
(B) if there are no residents within the affected area, individuals who pass through or
near the affected area;
(iv) if the affected area is a county, in a public location within the county that is
reasonably likely to be seen by residents of the county;
(v) if the affected area is a municipality with a population of 2,000 or more, or a
proposed municipality with a population of 2,000 or more, in a public location within the
municipality or proposed municipality that is reasonably likely to be seen by residents of the
municipality or proposed municipality;
(vi) if the affected area is a public street, on or adjacent to the public street;
(vii) if the affected area is an easement:
(A) on or adjacent to the easement; or
(B) in a public location that is reasonably likely to be seen by persons who are likely to
be impacted by the easement; or
(viii) if the affected area is an interlocal entity, within, or as applicable near, each
jurisdiction that is part of the interlocal entity, in accordance with the provisions of this
Subsection (1) that apply to that jurisdiction.
(2) Subject to Subsection (5), a public body or a government official that is required to
provide a class B notice shall:
(a) comply with the requirements described in Subsection (1) for a class A notice;
(b) if a statute, county ordinance, or municipal ordinance requires that the notice be
provided for a designated geographic area, mail or otherwise deliver the public notice or a
notice summary statement to each residence within, and, in accordance with Subsection (3), to
each owner of real property located within, the designated geographic area; and
(c) if a statute, county ordinance, or municipal ordinance requires that the notice be
provided to one or more designated persons or real property owners, mail or otherwise deliver
the public notice or a notice summary statement, in accordance with Subsection (3), to each
designated person and real property owner.
(3) When providing notice to a real property owner under Subsection (2)(b) or (c), the
public body or government official shall:
(a) use the current residential or business address of the real property owner;
(b) if the public body or government official is not reasonably able to obtain the
address described in Subsection (3)(a), use the last known address of the real property owner
that the public body or government official is able to obtain via a reasonable inquiry into public
records; or
(c) if the public body or government official is not reasonably able to obtain an address
described in Subsection (3)(a) or (b), post the notice on the real property.
(4) A government official, a public body, or any other body that is required to post
notice under Subsection (1) is not required to comply with Subsection (1)(c) if:
(a) the affected area is the state;
(b) the body is a specified body, as defined in Section 
52-4-103
;
(c) the public body is the Legislature or a public body within the state legislative
branch; or
(d) the government official is required to post the notice on behalf of a body described
in Subsection (4)(b) or (c).
(5) If a statute, ordinance, or rule requires a public body or government official to
provide notice for a period of time:
(a) in relation to posting the notice on the Utah Public Notice Website, the requirement
is not violated due to temporary
 t
echnological issues that interrupt the posting, unless the
posting is interrupted for more than 25% of the required posting time;
(b) in relation to posting the notice in a physical location, the requirement is fulfilled if:
(i) the notice is posted at or, except to the extent prohibited by law, before the
beginning of the period of time;
(ii) the public body or government official does not remove the posting before the end
of the period of time; and
(iii) until the end of the period of time, the public body or government official:
(A) periodically verifies that the notice remains in place; and
(B) replaces the notice within a reasonable time after discovering that the notice has
been removed or damaged; and
(c) in relation to mailing, sending, or otherwise delivering notice to a person, the
mailing is made at or, except to the extent prohibited by law, before, the beginning of the
period of time.
Section 165. Section 
63H-1-202
 is amended to read:
63H-1-202.
Applicability of other law.
(1) As used in this section:
(a) "Subsidiary" means an authority subsidiary that is a public body as defined in
Section 
52-4-103
.
(b) "Subsidiary board" means the governing body of a subsidiary.
(2) The authority or land within a project area is not subject to:
(a) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act;
(b) Title 17, Chapter 27a, County Land Use, Development, and Management Act;
(c) ordinances or regulations of a county or municipality, including those relating to
land use, health, business license, or franchise; or
(d) the jurisdiction of a local district under Title 17B, Limited Purpose Local
Government Entities - Local Districts, or a special service district under Title 17D, Chapter 1,
Special Service District Act.
(3) The authority is subject to and governed by Sections 
63E-2-106
, 
63E-2-107
,
63E-2-108
, 
63E-2-109
, 
63E-2-110
, and 
63E-2-111
, but is not otherwise subject to or governed
by Title 63E, Independent Entities Code.
(4) (a) The definitions in Section 
57-8-3
 apply to this Subsection (4).
(b) Notwithstanding the provisions of Title 57, Chapter 8, Condominium Ownership
Act, or any other provision of law:
(i) if the military is the owner of land in a project area on which a condominium project
is constructed, the military is not required to sign, execute, or record a declaration of a
condominium project; and
(ii) if a condominium unit in a project area is owned by the military or owned by the
authority and leased to the military for $1 or less per calendar year, not including any common
charges that are reimbursements for actual expenses:
(A) the condominium unit is not subject to any liens under Title 57, Chapter 8,
Condominium Ownership Act;
(B) condominium unit owners within the same building or commercial condominium
project may agree on any method of allocation and payment of common area expenses,
regardless of the size or par value of each unit; and
(C) the condominium project may not be dissolved without the consent of all the
condominium unit owners.
(5) Notwithstanding any other provision, when a law requires the consent of a local
government, the authority is the consenting entity for a project area.
(6) (a) A department, division, or other agency of the state and a political subdivision
of the state shall cooperate with the authority to the fullest extent possible to provide whatever
support, information, or other assistance the authority requests that is reasonably necessary to
help the authority fulfill the authority's duties and responsibilities under this chapter.
(b) Subsection (6)(a) does not apply to a political subdivision that does not have any of
a project area located within the boundary of the political subdivision.
(7) (a) The authority and a subsidiary are subject to Title 52, Chapter 4, Open and
Public Meetings Act, except that:
(i) notwithstanding Section 
52-4-104
, the timing and nature of training to authority
board members or subsidiary board members on the requirements of Title 52, Chapter 4, Open
and Public Meetings Act, may be determined by:
(A) the board chair, for the authority board; or
(B) the subsidiary board chair, for a subsidiary board;
(ii) authority staff may adopt a rule governing the use of electronic meetings under
Section 
52-4-207
, if, under Subsection 
63H-1-301
(3), the board delegates to authority staff the
power to adopt the rule; and
(iii) for an electronic meeting of the authority board or subsidiary board that otherwise
complies with Section 
52-4-207
, the authority board or subsidiary board, respectively:
(A) is not required to establish an anchor location; and
(B) may convene and conduct the meeting without the written determination otherwise
required under Subsection 
52-4-207
(4).
(b) Except as provided in Subsection (7)(c), the authority is not required to physically
post notice notwithstanding any other provision of law.
(c) The authority shall physically post notice in accordance with Subsection
[
52-4-202
(3)(a)(i)
] 
52-4-202
(3)(a)
.
(8) The authority and a subsidiary are subject to Title 63G, Chapter 2, Government
Records Access and Management Act, except that:
(a) notwithstanding Section 
63G-2-701
:
(i) the authority may establish an appeals board consisting of at least three members;
(ii) an appeals board established under Subsection (8)(a)(i) shall include:
(A) one of the authority board members appointed by the governor;
(B) the authority board member appointed by the president of the Senate; and
(C) the authority board member appointed by the speaker of the House of
Representatives; and
(iii) an appeal of a decision of an appeals board is to district court, as provided in
Section 
63G-2-404
, except that the State Records Committee is not a party; and
(b) a record created or retained by the authority or a subsidiary acting in the role of a
facilitator under Subsection 
63H-1-201
(3)(v) is a protected record under Title 63G, Chapter 2,
Government Records Access and Management Act.
(9) The authority or a subsidiary acting in the role of a facilitator under Subsection
63H-1-201
(3)(v) is not prohibited from receiving a benefit from a public-private partnership
that results from the facilitator's work as a facilitator.
(10) (a) (i) A subsidiary created as a public infrastructure district under Title 17D,
Chapter 4, Public Infrastructure District Act, may, subject to limitations of Title 17D, Chapter
4, Public Infrastructure District Act, levy a property tax for the operations and maintenance of
the public infrastructure district's financed infrastructure and related improvements, subject to a
maximum rate of .015.
(ii) A levy under Subsection (10)(a)(i) may be separate from a public infrastructure
district property tax levy for a bond.
(b) If a subsidiary created as a public infrastructure district issues a bond:
(i) the subsidiary may:
(A) delay the effective date of the property tax levy for the bond until after the period
of capitalized interest payments; and
(B) covenant with bondholders not to reduce or impair the property tax levy; and
(ii) notwithstanding a provision to the contrary in Title 17D, Chapter 4, Public
Infrastructure District Act, the tax rate for the property tax levy for the bond may not exceed a
rate that generates more revenue than required to pay the annual debt service of the bond plus
administrative costs, subject to a maximum of .02.
(c) (i) A subsidiary created as a public infrastructure district under Title 17D, Chapter
4, Public Infrastructure District Act, may create tax areas, as defined in Section 
59-2-102
,
within the public infrastructure district and apply a different property tax rate to each tax area,
subject to the maximum rate limitations described in Subsections (10)(a)(i) and (10)(b)(ii).
(ii) If a subsidiary created by a public infrastructure district issues bonds, the subsidiary
may issue bonds secured by property taxes from:
(A) the entire public infrastructure district; or
(B) one or more tax areas within the public infrastructure district.
(11) (a) Terms defined in Section 
57-11-2
 apply to this Subsection (11).
(b) Title 57, Chapter 11, Utah Uniform Land Sales Practices Act, does not apply to an
offer or disposition of an interest in land if the interest in land lies within the boundaries of the
project area and the authority:
(i) (A) has a development review committee using at least one professional planner;
(B) enacts standards and guidelines that require approval of planning, land use, and
plats, including the approval of plans for streets, culinary water, sanitary sewer, and flood
control; and
(C) will have the improvements described in Subsection (11)(b)(i)(B) plus
telecommunications and electricity; and
(ii) if at the time of the offer or disposition, the subdivider furnishes satisfactory
assurance of completion of the improvements described in Subsection (11)(b)(i)(C).
(12) (a) As used in this Subsection (12), "officer" means the same as an officer within
the meaning of the Utah Constitution Article IV, Section 10.
(b) An official act of an officer may not be invalidated for the reason that the officer
failed to take the oath of office.
Section 166. Section 
63H-1-701
 is amended to read:
63H-1-701.
Annual authority budget -- Fiscal year -- Public hearing required --
Auditor forms -- Requirement to file form.
(1) The authority shall prepare and its board adopt an annual budget of revenues and
expenditures for the authority for each fiscal year.
(2) Each annual authority budget shall be adopted before June 30.
(3) The authority's fiscal year shall be the period from July 1 to the following June 30.
(4) (a) Before adopting an annual budget, the authority board shall hold a public
hearing on the annual budget.
(b) The authority shall provide notice of the public hearing on the annual budget by
publishing notice[
:(i) at least once in a newspaper of general circulation within the state, at
least one week before the public hearing; and(ii) on the Utah Public Notice Website created in
Section 
63A-16-601
], 
as a class A notice under Section 
63G-28-102
,
 for at least one week
immediately before 
the day of
 the public hearing.
(c) The authority shall make the annual budget available for public inspection at least
three days before the date of the public hearing.
(5) The state auditor shall prescribe the budget forms and the categories to be contained
in each authority budget, including:
(a) revenues and expenditures for the budget year;
(b) legal fees; and
(c) administrative costs, including rent, supplies, and other materials, and salaries of
authority personnel.
(6) (a) Within 30 days after adopting an annual budget, the authority board shall file a
copy of the annual budget with the auditor of each county in which a project area of the
authority is located, the State Tax Commission, the state auditor, the State Board of Education,
and each taxing entity that levies a tax on property from which the authority collects property
tax allocation.
(b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the
state as a taxing entity is met if the authority files a copy with the State Tax Commission and
the state auditor.
Section 167. Section 
67-3-13
 is amended to read:
67-3-13.
State privacy officer.
(1) As used in this section:
(a) "Designated government entity" means a government entity that is not a state
agency.
(b) "Independent entity" means the same as that term is defined in Section 
63E-1-102
.
(c) (i) "Government entity" means the state, a county, a municipality, a higher
education institution, a local district, a special service district, a school district, an independent
entity, or any other political subdivision of the state or an administrative subunit of any
political subdivision, including a law enforcement entity.
(ii) "Government entity" includes an agent of an entity described in Subsection
(1)(c)(i).
(d) (i) "Personal data" means any information relating to an identified or identifiable
individual.
(ii) "Personal data" includes personally identifying information.
(e) (i) "Privacy practice" means the acquisition, use, storage, or disposal of personal
data.
(ii) "Privacy practice" includes:
(A) a technology use related to personal data; and
(B) policies related to the protection, storage, sharing, and retention of personal data.
(f) (i) "State agency" means the following entities that are under the direct supervision
and control of the governor or the lieutenant governor:
(A) a department;
(B) a commission;
(C) a board;
(D) a council;
(E) an institution;
(F) an officer;
(G) a corporation;
(H) a fund;
(I) a division;
(J) an office;
(K) a committee;
(L) an authority;
(M) a laboratory;
(N) a library;
(O) a bureau;
(P) a panel;
(Q) another administrative unit of the state; or
(R) an agent of an entity described in Subsections (A) through (Q).
(ii) "State agency" does not include:
(A) the legislative branch;
(B) the judicial branch;
(C) an executive branch agency within the Office of the Attorney General, the state
auditor, the state treasurer, or the State Board of Education; or
(D) an independent entity.
(2) The state privacy officer shall:
(a) when completing the duties of this Subsection (2), focus on the privacy practices of
designated government entities;
(b) compile information about government privacy practices of designated government
entities;
(c) make public and maintain information about government privacy practices on the
state auditor's website;
(d) provide designated government entities with educational and training materials
developed by the Personal Privacy Oversight Commission established in Section 
63C-24-201
that include the information described in Subsection 
63C-24-202
(1)(b);
(e) implement a process to analyze and respond to requests from individuals for the
state privacy officer to review a designated government entity's privacy practice;
(f) identify annually which designated government entities' privacy practices pose the
greatest risk to individual privacy and prioritize those privacy practices for review;
(g) review each year, in as timely a manner as possible, the privacy practices that the
privacy officer identifies under Subsection (2)(e) or (2)(f) as posing the greatest risk to
individuals' privacy;
(h) when reviewing a designated government entity's privacy practice under Subsection
(2)(g), analyze:
(i) details about the technology or the policy and the technology's or the policy's
application;
(ii) information about the type of data being used;
(iii) information about how the data is obtained, stored, shared, secured, and disposed;
(iv) information about with which persons the designated government entity shares the
information;
(v) information about whether an individual can or should be able to opt out of the
retention and sharing of the individual's data;
(vi) information about how the designated government entity de-identifies or
anonymizes data;
(vii) a determination about the existence of alternative technology or improved
practices to protect privacy; and
(viii) a finding of whether the designated government entity's current privacy practice
adequately protects individual privacy; and
(i) after completing a review described in Subsections (2)(g) and (h), determine:
(i) each designated government entity's use of personal data, including the designated
government entity's practices regarding data:
(A) acquisition;
(B) storage;
(C) disposal;
(D) protection; and
(E) sharing;
(ii) the adequacy of the designated government entity's practices in each of the areas
described in Subsection (2)(i)(i); and
(iii) for each of the areas described in Subsection (2)(i)(i) that the state privacy officer
determines to require reform, provide recommendations for reform to the designated
government entity and the legislative body charged with regulating the designated government
entity.
(3) (a) The legislative body charged with regulating a designated government entity
that receives a recommendation described in Subsection (2)(i)(iii) shall hold a public hearing
on the proposed reforms:
(i) with a quorum of the legislative body present; and
(ii) within 90 days after the day on which the legislative body receives the
recommendation.
(b) (i) The legislative body shall provide notice of the hearing described in Subsection
(3)(a).
(ii) Notice of the public hearing and the recommendations to be discussed shall be
posted [
on:
] 
for the jurisdiction of the designated government entity, as a class A notice under
Section 
63G-28-102
, for at least 30 days before the day on which the legislative body will hold
the public hearing.
[
(A) the Utah Public Notice Website created in Section 
63A-16-601
 for 30 days before
the day on which the legislative body will hold the public hearing; and
]
[
(B) the website of the designated government entity that received a recommendation,
if the designated government entity has a website, for 30 days before the day on which the
legislative body will hold the public hearing.
]
(iii) Each notice required under Subsection (3)(b)(i) shall:
(A) identify the recommendations to be discussed; and
(B) state the date, time, and location of the public hearing.
(c) During the hearing described in Subsection (3)(a), the legislative body shall:
(i) provide the public the opportunity to ask questions and obtain further information
about the recommendations; and
(ii) provide any interested person an opportunity to address the legislative body with
concerns about the recommendations.
(d) At the conclusion of the hearing, the legislative body shall determine whether the
legislative body shall adopt reforms to address the recommendations and any concerns raised
during the public hearing.
(4) (a) Except as provided in Subsection (4)(b), if the government operations privacy
officer described in Section 
67-1-17
 is not conducting reviews of the privacy practices of state
agencies, the state privacy officer may review the privacy practices of a state agency in
accordance with the processes described in this section.
(b) Subsection (3) does not apply to a state agency.
(5) The state privacy officer shall:
(a) quarterly report, to the Personal Privacy Oversight Commission:
(i) recommendations for privacy practices for the commission to review; and
(ii) the information provided in Subsection (2)(i); and
(b) annually, on or before October 1, report to the Judiciary Interim Committee:
(i) the results of any reviews described in Subsection (2)(g), if any reviews have been
completed;
(ii) reforms, to the extent that the state privacy officer is aware of any reforms, that the
designated government entity made in response to any reviews described in Subsection (2)(g);
(iii) the information described in Subsection (2)(i); and
(iv) recommendations for legislation based on any results of a review described in
Subsection (2)(g).
Section 168. Section 
72-3-108
 is amended to read:
72-3-108.
County roads -- Vacation and narrowing -- Notice requirements.
(1) A county may, by ordinance, vacate, narrow, or change the name of a county road
without petition or after petition by a property owner.
(2) A county may not vacate a county road unless notice of the hearing is:
(a) published[
:
] 
for the county, as a class A notice under Section 
63G-28-102
, for at
least four weeks before the day of the hearing; and
[
(i) in a newspaper of general circulation in the county once a week for four
consecutive weeks before the hearing; and
]
[
(ii) on the Utah Public Notice Website created in Section 
63A-16-601
, for four weeks
before the hearing; and
]
[
(b) posted in three public places for four consecutive weeks prior to the hearing; and
]
[
(c)
] 
(b)
 mailed to the department and all owners of property abutting the county road.
(3) The right-of-way and easements, if any, of a property owner and the franchise rights
of any public utility may not be impaired by vacating or narrowing a county road.
(4) Except as provided in Section 
72-5-305
, if a county vacates a county road, the
state's right-of-way interest in the county road is also vacated.
Section 169. Section 
72-5-105
 is amended to read:
72-5-105.
Highways, streets, or roads once established continue until abandoned
-- Temporary closure -- Notice.
(1) Except as provided in Subsections (3) and (7), all public highways, streets, or roads
once established shall continue to be highways, streets, or roads until formally abandoned or
vacated by written order, resolution, or ordinance resolution of a highway authority having
jurisdiction or by court decree, and the written order, resolution, ordinance, or court decree has
been duly recorded in the office of the recorder of the county or counties where the highway,
street, or road is located.
(2) (a) For purposes of assessment, upon the recordation of an order executed by the
proper authority with the county recorder's office, title to the vacated or abandoned highway,
street, or road shall vest to the adjoining record owners, with one-half of the width of the
highway, street, or road assessed to each of the adjoining owners.
(b) Provided, however, that should a description of an owner of record extend into the
vacated or abandoned highway, street, or road that portion of the vacated or abandoned
highway, street, or road shall vest in the record owner, with the remainder of the highway,
street, or road vested as otherwise provided in this Subsection (2).
(c) Title to a highway, street, or road that a local highway authority closes to vehicular
traffic under Subsection (3) or (7) remains vested in the city.
(3) (a) In accordance with this section, a state or local highway authority may
temporarily close a class B, C, or D road, an R.S. 2477 right-of-way, or a portion of a class B,
C, or D road or R.S. 2477 right-of-way.
(b) (i) A temporary closure authorized under this section is not an abandonment.
(ii) The erection of a barrier or sign on a highway, street, or road once established is
not an abandonment.
(iii) An interruption of the public's continuous use of a highway, street, or road once
established is not an abandonment even if the interruption is allowed to continue unabated.
(c) A temporary closure under Subsection (3)(a) may be authorized only under the
following circumstances:
(i) when a federal authority, or other person, provides an alternate route to an R.S.
2477 right-of-way or portion of an R.S. 2477 right-of-way if the alternate route is:
(A) accepted by the highway authority; and
(B) formalized by a federal permit or a written agreement between the federal authority
or other person and the highway authority;
(ii) when a state or local highway authority determines that correction or mitigation of
injury to private or public land resources is necessary on or near a class B or D road or portion
of a class B or D road; or
(iii) when a local highway authority makes a finding that temporary closure of all or
part of a class C road is necessary to mitigate unsafe conditions.
(d) (i) If a local highway authority temporarily closes all or part of a class C road under
Subsection (3)(c)(iii), the local highway authority may convert the closed portion of the road to
another public use or purpose related to the mitigation of the unsafe condition.
(ii) If a local highway authority temporarily closes all or part of a class C road under
Subsection (3)(c)(iii), and the closed portion of road is the subject of a lease agreement
between the local highway authority and another entity, the local highway authority may not
reopen the closed portion of the road until the lease agreement terminates.
(e) A highway authority shall reopen an R.S. 2477 right-of-way or portion of an R.S.
2477 right-of-way temporarily closed under this section if the alternate route is closed for any
reason.
(f) A temporary closure authorized under Subsection (3)(c)(ii) shall:
(i) be authorized annually; and
(ii) not exceed two years or the time it takes to complete the correction or mitigation,
whichever is less.
(4) To authorize a closure of a road under Subsection (3) or (7), a local highway
authority shall pass an ordinance to temporarily or indefinitely close the road.
(5) Before authorizing a temporary or indefinite closure as described in Subsection (4),
a highway authority shall:
(a) hold a hearing on the proposed temporary or indefinite closure;
(b) provide notice of the hearing by mailing a notice to the Department of
Transportation [
and all owners of property abutting the highway
]; and
(c) except for a closure under Subsection (3)(c)(iii), [
post the notice:
] 
provide notice to
the owners of the properties abutting the highway, as a class B notice under Section
63G-28-102
, for at least four weeks before the day of the hearing.
[
(i) on the Utah Public Notice Website created in Section 
63A-16-601
, for four weeks
before the hearing; or
]
[
(ii) in three public places for at least four consecutive weeks before the hearing.
]
(6) The right-of-way and easements, if any, of a property owner and the franchise rights
of any public utility may not be impaired by a temporary or indefinite closure authorized under
this section.
(7) (a) A local highway authority may close to vehicular travel and convert to another
public use or purpose a highway, road, or street over which the local highway authority has
jurisdiction, for an indefinite period of time, if the local highway authority makes a finding
that:
(i) the closed highway, road, or street is not necessary for vehicular travel;
(ii) the closure of the highway, road, or street is necessary to correct or mitigate injury
to private or public land resources on or near the highway, road, or street; or
(iii) the closure of the highway, road, or street is necessary to mitigate unsafe
conditions.
(b) If a local highway authority indefinitely closes all or part of a highway, road, or
street under Subsection (7)(a)(iii), and the closed portion of road is the subject of a lease
agreement between the local highway authority and another entity, the local highway authority
may not reopen the closed portion of the road until the lease agreement terminates.
(c) An indefinite closure authorized under this Subsection (7) is not an abandonment.
Section 170. Section 
72-6-108
 is amended to read:
72-6-108.
Class B and C roads -- Improvement projects -- Notice -- Contracts --
Retainage.
(1) A county executive for class B roads and the municipal executive for class C roads
shall cause plans, specifications, and estimates to be made prior to the construction of any
improvement project, as defined in Section 
72-6-109
, on a class B or C road if the estimated
cost for any one project exceeds the bid limit as defined in Section 
72-6-109
 for labor,
equipment, and materials.
(2) (a) All projects in excess of the bid limit shall be performed under contract to be let
to the lowest responsible bidder.
(b) If the estimated cost of the improvement project exceeds the bid limit for labor,
equipment, and materials, the project may not be divided to permit the construction in parts,
unless each part is done by contract.
(3) The advertisement on bids shall be [
posted:
] 
published for the county, as a class A
notice under Section 
63G-28-102
, for three weeks.
[
(a) on the Utah Public Notice Website, created in Section 
63A-16-601
, for three
weeks; and
]
[
(b) for at least 20 days in at least five public places in the county.
]
(4) The county or municipal executive or their designee shall receive sealed bids and
open the bids at the time and place designated in the advertisement. The county or municipal
executive or their designee may then award the contract but may reject any and all bids.
(5) The person, firm, or corporation that is awarded a contract under this section is
subject to the provisions of Title 63G, Chapter 6a, Utah Procurement Code.
(6) If any payment on a contract with a private contractor for construction or
improvement of a class B or C road is retained or withheld, the payment shall be retained or
withheld and released as provided in Section 
13-8-5
.
Section 171. Section 
73-5-14
 is amended to read:
73-5-14.
Determination by the state engineer of watershed to which particular
source is tributary -- Publications of notice and result -- Hearing -- Judicial review.
(1) The state engineer may determine for administrative and distribution purposes the
watershed to which any particular stream or source of water is tributary.
(2) A determination under Subsection (1) may be made only after publication of notice
to the water users.
(3) Publication of notice under Subsection (2) shall be made:
(a) [
in a newspaper or newspapers having general circulation in
] 
for
 every county in the
state in which any rights might be affected, [
once each week for five consecutive weeks
] 
as a
class A notice under Section 
63G-28-102
, for at least five weeks before the date of the hearing
described in Subsection (4)
; 
and
(b) in accordance with Section 
45-1-101
 for five weeks[
; and
]
.
[
(c) on the Utah Public Notice Website created in Section 
63A-16-601
, for five weeks.
]
(4) The state engineer shall fix the date and place of hearing and at the hearing any
water user shall be given an opportunity to appear and adduce evidence material to the
determination of the question involved.
(5) (a) The state engineer shall publish the result of the determination as provided in
Subsections (3)(a) and (b), and the notice of the decision of the state engineer shall notify the
public that any person aggrieved by the decision may appeal the decision as provided by
Section 
73-3-14
.
(b) The notice under Subsection (5)(a) shall be considered to have been given so as to
start the time for appeal upon completion of the publication of notice.
Section 172. Section 
73-10-32
 is amended to read:
73-10-32.
Definitions -- Water conservation plan required -- Notice.
(1) As used in this section:
(a) "Division" means the Division of Water Resources created under Section 
73-10-18
.
10000 (b) "Water conservancy district" means an entity formed under Title 17B, Chapter 2a,
10001 Part 10, Water Conservancy District Act.
10002 (c) "Water conservation plan" means a written document that contains existing and
10003 proposed water conservation measures describing what will be done by a water provider, and
10004 the end user of culinary water to help conserve water in the state in terms of per capita use of
10005 water provided through culinary water infrastructure owned or operated by the water provider
10006 so that adequate supplies of water are available for future needs.
10007 (d) "Water provider" means:
10008 (i) a retail water supplier, as defined in Section 
19-4-102
; or
10009 (ii) a water conservancy district.
10010 (2) (a) A water conservation plan shall contain:
10011 (i) (A) a clearly stated overall water use reduction goal that is consistent with
10012 Subsection (2)(d); and
10013 (B) an implementation plan for each water conservation measure a water provider
10014 chooses to use, including a timeline for action and an evaluation process to measure progress;
10015 (ii) a requirement that a notification procedure be implemented that includes the
10016 delivery of the water conservation plan to the media and to the governing body of each
10017 municipality and county served by the water provider;
10018 (iii) a copy of the minutes of the meeting regarding a water conservation plan and the
10019 notification procedure required in Subsection (2)(a)(ii) that shall be added as an appendix to the
10020 water conservation plan; and
10021 (iv) for a retail water supplier, as defined in Section 
19-4-102
, the retail water
10022 supplier's rate structure that is:
10023 (A) adopted by the retail water supplier's governing body in accordance with Section
10024 
73-10-32.5
; and
10025 (B) current as of the day the retail water supplier files a water conservation plan.
10026 (b) A water conservation plan may include information regarding:
10027 (i) the installation and use of water efficient fixtures and appliances, including toilets,
10028 shower fixtures, and faucets;
10029 (ii) residential and commercial landscapes and irrigation that require less water to
10030 maintain;
10031 (iii) more water efficient industrial and commercial processes involving the use of
10032 water;
10033 (iv) water reuse systems, both potable and not potable;
10034 (v) distribution system leak repair;
10035 (vi) dissemination of public information regarding more efficient use of water,
10036 including public education programs, customer water use audits, and water saving
10037 demonstrations;
10038 (vii) water rate structures designed to encourage more efficient use of water;
10039 (viii) statutes, ordinances, codes, or regulations designed to encourage more efficient
10040 use of water by means such as water efficient fixtures and landscapes;
10041 (ix) incentives to implement water efficient techniques, including rebates to water
10042 users to encourage the implementation of more water efficient measures; and
10043 (x) other measures designed to conserve water.
10044 (c) The division may be contacted for information and technical resources regarding
10045 measures listed in Subsection (2)(b).
10046 (d) (i) The division shall adopt by rule, made in accordance with Title 63G, Chapter 3,
10047 Utah Administrative Rulemaking Act, regional water conservation goals that:
10048 (A) are developed by the division;
10049 (B) are reevaluated by December 31, 2030, and every 10 years after December 31,
10050 2030; and
10051 (C) define what constitutes "water being conserved" under a water conservation goal
10052 after considering factors such as depletion, diversion, use, consumption, or return flows.
10053 (ii) As part of a water conservation plan, a water provider shall adopt one of the
10054 following:
10055 (A) the regional water conservation goal applicable to the water provider;
10056 (B) a water conservation goal that would result in more water being conserved than
10057 would be conserved under the regional water conservation goal; or
10058 (C) a water conservation goal that would result in less water being conserved than
10059 would be conserved under the regional water conservation goal with a reasonable justification
10060 as to why the different water conservation goal is adopted and an explanation of the factors
10061 supporting the reasonable justification, such as demographics, geography, lot sizes, make up of
10062 water service classes, or availability of secondary water.
10063 (3) (a) A water provider shall:
10064 (i) prepare and adopt a water conservation plan; and
10065 (ii) file a copy of the water conservation plan with the division.
10066 (b) (i) Before adopting or amending a water conservation plan, a water provider shall
10067 hold a public hearing with reasonable, advance public notice in accordance with this
10068 Subsection (3)(b).
10069 (ii) The water provider shall provide public notice at least 14 days before the date of
10070 the public hearing.
10071 (iii) A water provider meets the requirements of reasonable notice required by this
10072 Subsection (3)(b) if the water provider posts notice of the public hearing [
in at least three
10073 
public places within the service area of the water provider and
]:
10074 [
(A) if the water provider is a public entity, posts notice on the Utah Public Notice
10075 
Website, created in Section 
63A-16-601
; or
]
10076 
(A) for the service area of the water provider, as a class A notice under Section
10077 
63G-28-102
, for at least 14 days; and
10078 (B) if the water provider is a private entity and has a public website, [
posts notice
] on
10079 the water provider's public website.
10080 (iv) Proof that notice described in Subsection (3)(b)(iii) was given is prima facie
10081 evidence that notice was properly given.
10082 (v) If notice given under authority of this Subsection (3)(b) is not challenged within 30
10083 days from the date of the public hearing for which the notice was given, the notice is
10084 considered adequate and proper.
10085 (c) A water provider shall:
10086 (i) post the water provider's water conservation plan on a public website; or
10087 (ii) if the water provider does not have a public website, make the water provider's
10088 water conservation plan [
publically
] 
publicly
 available for inspection upon request.
10089 (4) (a) The division shall:
10090 (i) provide guidelines and technical resources to help water providers prepare and
10091 implement water conservation plans;
10092 (ii) assist water providers by identifying water conservation methods upon request; and
10093 (iii) provide an online submission form that allows for an electronic copy of the water
10094 conservation plan to be filed with the division under Subsection (3)(a)(ii).
10095 (b) The division shall post an annual report at the end of a calendar year listing water
10096 providers in compliance with this section.
10097 (5) A water provider may only receive state funds for water development if the water
10098 provider complies with the requirements of this section.
10099 (6) A water provider specified under Subsection (3)(a) shall:
10100 (a) update the water provider's water conservation plan no less frequently than every
10101 five years; and
10102 (b) follow the procedures required under Subsection (3) when updating the water
10103 conservation plan.
10104 (7) It is the intent of the Legislature that the water conservation plans, amendments to
10105 existing water conservation plans, and the studies and report by the division be handled within
10106 the existing budgets of the respective entities or agencies.
10107 Section 173. Section 
75-1-401
 is amended to read:
10108 
75-1-401.
Notice -- Method and time of giving.
10109 (1) If notice of a hearing on any petition is required and except for specific notice
10110 requirements as otherwise provided, the petitioner shall cause notice of the time and place of
10111 hearing of any petition to be given to any interested person or the person's attorney if the person
10112 has appeared by attorney or requested that notice be sent to the person's attorney. Notice shall
10113 be given by the clerk posting a copy of the notice for the 10 consecutive days immediately
10114 preceding the time set for the hearing in at least three public places in the county, one of which
10115 must be at the courthouse of the county and:
10116 (a) (i) by the clerk mailing a copy thereof at least 10 days before the time set for the
10117 hearing by certified, registered, or ordinary first class mail addressed to the person being
10118 notified at the post-office address given in the demand for notice, if any, or at the person's
10119 office or place of residence, if known; or
10120 (ii) by delivering a copy thereof to the person being notified personally at least 10 days
10121 before the time set for the hearing; and
10122 (b) if the address, or identity of any person is not known and cannot be ascertained with
10123 reasonable diligence, by publishing[
:
] 
for the county where the hearing is to be held, as a class
10124 
A notice under Section 
63G-28-102
, for at least 10 days before the day of the hearing.
10125 [
(i) at least once a week for three consecutive weeks a copy thereof in a newspaper
10126 
having general circulation in the county where the hearing is to be held, the last publication of
10127 
which is to be at least 10 days before the time set for the hearing; and
]
10128 [
(ii) on the Utah Public Notice Website created in Section 
63A-16-601
, for three
10129 
weeks.
]
10130 (2) The court for good cause shown may provide for a different method or time of
10131 giving notice for any hearing.
10132 (3) Proof of the giving of notice shall be made on or before the hearing and filed in the
10133 proceeding.
10134 Section 174. Section 
76-8-809
 is amended to read:
10135 
76-8-809.
Closing or restricting use of highways abutting defense or war facilities
10136 
-- Posting of notices.
10137 Any individual, partnership, association, corporation, municipal corporation or state or
10138 any political subdivision thereof engaged in or preparing to engage in the manufacture,
10139 transportation or storage of any product to be used in the preparation of the United States or
10140 any of the states for defense or for war or in the prosecution of war by the United States, or in
10141 the manufacture, transportation, distribution or storage of gas, oil, coal, electricity or water, or
10142 any of said natural or artificial persons operating any public utility who has property so used
10143 which he or it believes will be endangered if public use and travel is not restricted or prohibited
10144 on one or more highways or parts thereof upon which the property abuts, may petition the
10145 highway commissioners of any city, town, or county to close one or more of the highways or
10146 parts thereof to public use and travel or to restrict by order the use and travel upon one or more
10147 of the highways or parts thereof.
10148 Upon receipt of the petition, the highway commissioners shall set a day for hearing and
10149 give notice of the hearing [
by posting a notice on the Utah Public Notice Website, created in
10150 
Section 
63A-16-601
], 
as a class A notice under Section 
63G-28-102
, for the city, town, or
10151 
county, for
 at least seven days [
prior to the date set for
] 
before the day of the
 hearing. If, after
10152 hearing, the highway commissioners determine that the public safety and the safety of the
10153 property of the petitioner so require, they shall by suitable order close to public use and travel
10154 or reasonably restrict the use of and travel upon one or more of the highways or parts thereof;
10155 provided the highway commissioners may issue written permits to travel over the highway so
10156 closed or restricted to responsible and reputable persons for a term, under conditions and in a
10157 form as the commissioners may prescribe. Appropriate notices in letters at least three inches
10158 high shall be posted conspicuously at each end of any highway so closed or restricted by an
10159 order. The highway commissioners may at any time revoke or modify any order so made.
10160 Section 175. Section 
78A-7-202
 is amended to read:
10161 
78A-7-202.
Justice court judges to be appointed -- Procedure.
10162 (1) As used in this section:
10163 (a) "Local government executive" means:
10164 (i) for a county:
10165 (A) the chair of the county commission in a county operating under the county
10166 commission or expanded county commission form of county government;
10167 (B) the county executive in a county operating under the county executive-council form
10168 of county government; and
10169 (C) the county manager in a county operating under the council-manager form of
10170 county government;
10171 (ii) for a city or town:
10172 (A) the mayor of the city or town; or
10173 (B) the city manager, in the council-manager form of government described in
10174 Subsection 
10-3b-103
(7); and
10175 (iii) for a metro township, the chair of the metro township council.
10176 (b) "Local legislative body" means:
10177 (i) for a county, the county commission or county council; and
10178 (ii) for a city or town, the council of the city or town.
10179 (2) (a) There is created in each county a county justice court nominating commission to
10180 review applicants and make recommendations to the appointing authority for a justice court
10181 position.
10182 (b) The commission shall be convened when a new justice court judge position is
10183 created or when a vacancy in an existing court occurs for a justice court located within the
10184 county.
10185 (c) Membership of the justice court nominating commission shall be as follows:
10186 (i) one member appointed by:
10187 (A) the county commission if the county has a county commission form of
10188 government; or
10189 (B) the county executive if the county has an executive-council form of government;
10190 (ii) one member appointed by the municipalities in the counties as follows:
10191 (A) if the county has only one municipality, appointment shall be made by the
10192 governing authority of that municipality; or
10193 (B) if the county has more than one municipality, appointment shall be made by a
10194 municipal selection committee composed of the mayors of each municipality and the chairs of
10195 each metro township in the county;
10196 (iii) one member appointed by the county bar association; and
10197 (iv) two members appointed by the governing authority of the jurisdiction where the
10198 judicial office is located.
10199 (d) (i) If there is no county bar association, the member in Subsection (2)(c)(iii) shall
10200 be appointed by the regional bar association.
10201 (ii) If no regional bar association exists, the state bar association shall make the
10202 appointment.
10203 (e) Members appointed under Subsections (2)(c)(i) and (ii) may not be the appointing
10204 authority or an elected official of a county or municipality.
10205 (f) (i) Except as provided in Subsection (2)(d)(ii), the nominating commission shall
10206 submit at least three names to the appointing authority of the jurisdiction expected to be served
10207 by the judge.
10208 (ii) If there are fewer than three applicants for a justice court vacancy, the nominating
10209 commission shall submit all qualified applicants to the appointing authority of the jurisdiction
10210 expected to be served by the judge.
10211 (iii) The local government executive shall appoint a judge from the list submitted and
10212 the appointment ratified by the local legislative body.
10213 (g) (i) The state court administrator shall provide staff to the commission.
10214 (ii) The Judicial Council shall establish rules and procedures for the conduct of the
10215 commission.
10216 (3) (a) A judicial vacancy for a justice court shall be announced:
10217 (i) as an employment opportunity on the Utah Courts' website;
10218 (ii) in an email to the members of the Utah State Bar; and
10219 [
(iii) on the Utah Public Notice Website, created in Section 63A-16-601
]
10220 
(iii) for the justice court's jurisdiction, as a class A notice under Section 
63G-28-102
,
10221 
for at least 30 days
.
10222 (b) A judicial vacancy for a justice court may also be advertised through other
10223 appropriate means.
10224 (4) Selection of candidates shall be based on compliance with the requirements for
10225 office and competence to serve as a judge.
10226 (5) (a) Once selected, every prospective justice court judge shall attend an orientation
10227 seminar conducted under the direction of the Judicial Council.
10228 (b) Upon completion of the orientation seminar described in Subsection (5)(a), the
10229 Judicial Council shall certify the justice court judge as qualified to hold office.
10230 (6) (a) The selection of a person to fill the office of justice court judge is effective upon
10231 certification of the judge by the Judicial Council.
10232 (b) A justice court judge may not perform judicial duties until certified by the Judicial
10233 Council.