Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 35 (2024GS)

Sponsor

Rep. Teuscher, J.

Final action

Governor Signed 3/20/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• converts metro townships into municipalities;
• provides for the classification and governance of the converted municipalities;
• enacts language governing the transition from a metro township to a municipality; and
• makes conforming changes and repeals obsolete language due to the elimination of metro townships.

Every vote on this bill

Bill text

METRO TOWNSHIP MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher
Senate Sponsor: 
 Luz Escamilla
LONG TITLE
Committee Note:
The Political Subdivisions Interim Committee recommended this bill.
Legislative Vote: 10 voting for 0 voting against 6 absent
General Description:
This bill modifies and enacts provisions relating to metro townships.
Highlighted Provisions:
This bill:
▸ converts metro townships into municipalities;
▸ provides for the classification and governance of the converted municipalities;
▸ enacts language governing the transition from a metro township to a municipality;
and
▸ makes conforming changes and repeals obsolete language due to the elimination of
metro townships.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
10-1-104
, as last amended by Laws of Utah 2015, Chapter 352
10-1-303
, as last amended by Laws of Utah 2021, Chapter 210
10-1-402
, as last amended by Laws of Utah 2021, Chapter 210
10-2-302
, as last amended by Laws of Utah 2015, Chapter 352
10-2-405
, as last amended by Laws of Utah 2023, Chapter 478
10-2-425
 (Superseded 07/01/24)
, as last amended by Laws of Utah 2023, Chapters 16,
327
10-2-425
 (Effective 07/01/24)
, as last amended by Laws of Utah 2023, Chapters 16,
310 and 327
10-3-205
, as last amended by Laws of Utah 2017, Chapter 158
10-3-205.5
, as last amended by Laws of Utah 2016, Chapter 14
10-3-1302
, as last amended by Laws of Utah 2015, Chapter 352
10-3b-102
, as last amended by Laws of Utah 2015, Chapter 352
10-3b-103
, as last amended by Laws of Utah 2015, Chapter 352
10-3b-601
, as enacted by Laws of Utah 2015, Chapter 352
10-5-102
, as last amended by Laws of Utah 2015, Chapter 352
10-5-108
, as last amended by Laws of Utah 2023, Chapter 435
10-6-103
, as last amended by Laws of Utah 2015, Chapter 352
10-6-113
, as last amended by Laws of Utah 2023, Chapter 435
10-6-137
, as enacted by Laws of Utah 1979, Chapter 26
10-6-152
, as last amended by Laws of Utah 2023, Chapter 435
10-9a-302
, as last amended by Laws of Utah 2021, Chapter 385
10-9a-408
, as last amended by Laws of Utah 2023, Chapters 88, 501 and 529 and last
amended by Coordination Clause, Laws of Utah 2023, Chapter 88
11-3-8
, as last amended by Laws of Utah 2018, Chapter 189
11-13a-102
, as last amended by Laws of Utah 2023, Chapter 16
11-14-102
, as last amended by Laws of Utah 2023, Chapter 16
11-14-301
, as last amended by Laws of Utah 2022, Chapter 325
11-17-2
, as last amended by Laws of Utah 2020, Chapter 354
11-26-401
, as enacted by Laws of Utah 2023, Chapter 361
11-39-101
, as last amended by Laws of Utah 2023, Chapter 16
11-41-102
, as last amended by Laws of Utah 2023, Chapters 16, 34
11-42a-102
, as last amended by Laws of Utah 2023, Chapter 16
11-42b-101
, as enacted by Laws of Utah 2022, Chapter 376
11-46a-101
, as enacted by Laws of Utah 2023, Chapter 245
11-48-101.5
, as last amended by Laws of Utah 2023, Chapters 16, 327
11-54-102
, as last amended by Laws of Utah 2023, Chapter 16
11-56-102
, as last amended by Laws of Utah 2023, Chapter 450
11-58-102
, as last amended by Laws of Utah 2023, Chapters 16, 259
11-58-205
, as last amended by Laws of Utah 2023, Chapters 16, 259
11-59-102
, as last amended by Laws of Utah 2023, Chapters 16, 263
11-61-102
, as last amended by Laws of Utah 2023, Chapter 16
11-63-102
, as enacted by Laws of Utah 2019, Chapter 50
11-65-101
, as last amended by Laws of Utah 2023, Chapter 16
11-66-101
, as enacted by Laws of Utah 2022, Chapter 306
15A-5-202.5
, as last amended by Laws of Utah 2023, Chapter 95
17-2-209
, as last amended by Laws of Utah 2023, Chapter 15
17-23-17
, as last amended by Laws of Utah 2023, Chapter 15
17-23-17.5
, as last amended by Laws of Utah 2015, Chapter 352
17-36-29
, as last amended by Laws of Utah 2017, Chapter 453
17B-1-102
, as last amended by Laws of Utah 2023, Chapter 15
17B-1-502
, as last amended by Laws of Utah 2023, Chapter 15
17B-2a-1102
, as last amended by Laws of Utah 2023, Chapter 15
17B-2a-1104
, as last amended by Laws of Utah 2023, Chapter 15
17B-2a-1106
, as last amended by Laws of Utah 2023, Chapter 15
17B-2a-1110
, as last amended by Laws of Utah 2023, Chapter 435
17B-2a-1111
, as last amended by Laws of Utah 2016, Chapter 176
17C-1-102
, as last amended by Laws of Utah 2023, Chapter 15
18-1-1
, as last amended by Laws of Utah 2021, Chapters 201, 257
19-5-108.5
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
20A-1-102
, as last amended by Laws of Utah 2023, Chapters 15, 234 and 297
20A-1-201.5
, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
20A-1-203
, as last amended by Laws of Utah 2020, Chapter 47
20A-1-306
, as last amended by Laws of Utah 2022, Chapter 325
20A-1-510
, as last amended by Laws of Utah 2023, Chapter 46
20A-5-301
, as last amended by Laws of Utah 2016, Chapter 176
20A-6-401
, as last amended by Laws of Utah 2023, Chapter 45
20A-6-402
, as last amended by Laws of Utah 2020, Chapter 31
20A-7-101
, as last amended by Laws of Utah 2023, Chapters 107, 116
20A-7-401.3
, as enacted by Laws of Utah 2019, Chapter 203
20A-7-501
, as last amended by Laws of Utah 2023, Chapter 107
20A-7-502.7
, as last amended by Laws of Utah 2023, Chapter 107
20A-7-504
, as last amended by Laws of Utah 2023, Chapter 107
20A-7-601
, as last amended by Laws of Utah 2023, Chapters 107, 219
20A-7-602.7
, as last amended by Laws of Utah 2023, Chapter 107
20A-7-602.8
, as last amended by Laws of Utah 2023, Chapters 107, 504
20A-7-604
, as last amended by Laws of Utah 2023, Chapter 107
20A-11-101
, as last amended by Laws of Utah 2023, Chapter 15
26B-2-101
, as last amended by Laws of Utah 2023, Chapter 305
32B-1-102
, as last amended by Laws of Utah 2023, Chapters 328, 371 and 400
32B-1-702
, as renumbered and amended by Laws of Utah 2019, Chapter 403
32B-1-704
, as last amended by Laws of Utah 2022, Chapter 447
32B-2-402
, as last amended by Laws of Utah 2022, Chapter 255
32B-4-202
, as last amended by Laws of Utah 2023, Chapter 371
35A-8-805
, as enacted by Laws of Utah 2018, Chapter 251
35A-16-401
, as last amended by Laws of Utah 2023, Chapter 302
35A-16-501
, as last amended by Laws of Utah 2023, Chapter 302
35A-16-701
, as enacted by Laws of Utah 2023, Chapter 302
36-11-102
, as last amended by Laws of Utah 2023, Chapter 16
41-1a-1222
, as last amended by Laws of Utah 2023, Chapter 33
41-6a-1115.1
, as enacted by Laws of Utah 2019, Chapter 428
52-1-1
, as last amended by Laws of Utah 2016, Chapter 176
52-4-203
, as last amended by Laws of Utah 2023, Chapter 16
53-2a-208
, as last amended by Laws of Utah 2023, Chapter 34
53-2a-802
, as last amended by Laws of Utah 2022, Chapter 447
53-2a-1403
, as enacted by Laws of Utah 2021, Chapter 106
53-2d-101
 (Effective 07/01/24)
, as last amended by Laws of Utah 2023, Chapters 16,
327 and renumbered and amended by Laws of Utah 2023, Chapter 310 and last
amended by Coordination Clause, Laws of Utah 2023, Chapter 327
53-5a-202
, as enacted by Laws of Utah 2023, Chapter 395
53-7-225
, as last amended by Laws of Utah 2023, Chapter 341
53B-21-107
, as last amended by Laws of Utah 2015, Chapter 352
56-1-39
 (Effective 03/31/24)
, as enacted by Laws of Utah 2023, Chapter 41 and last
amended by Coordination Clause, Laws of Utah 2023, Chapter 41
59-1-403
, as last amended by Laws of Utah 2023, Chapters 21, 52, 86, 259, and 329
59-12-203
, as last amended by Laws of Utah 2017, Chapter 13
59-12-2220
, as last amended by Laws of Utah 2023, Chapter 529
63A-5b-901
, as last amended by Laws of Utah 2023, Chapter 16
63G-6a-103
, as last amended by Laws of Utah 2023, Chapter 16
63G-26-102
, as last amended by Laws of Utah 2023, Chapter 16
63G-29-101
, as enacted by Laws of Utah 2023, Chapter 76
63J-4-801
, as last amended by Laws of Utah 2023, Chapter 16
63N-2-103
, as last amended by Laws of Utah 2022, Chapter 200
63N-4-801
, as last amended by Laws of Utah 2023, Chapter 499
65A-1-1
, as last amended by Laws of Utah 2016, Chapter 174
65A-8-212
, as last amended by Laws of Utah 2018, Chapter 189
67-1a-2
, as last amended by Laws of Utah 2023, Chapter 297
68-3-12.5
, as last amended by Laws of Utah 2021, Chapter 93
72-2-108
, as last amended by Laws of Utah 2020, Chapter 377
72-2-121
, as last amended by Laws of Utah 2023, Chapter 529
73-10-34
, as last amended by Laws of Utah 2023, Chapter 260
78A-7-202
, as last amended by Laws of Utah 2023, Chapters 139, 435
78B-6-2301
, as last amended by Laws of Utah 2023, Chapter 16
ENACTS:
10-1-201.5
, Utah Code Annotated 1953
REPEALS:
10-2-301.5
, as enacted by Laws of Utah 2015, Chapter 352
10-2a-401
, as enacted by Laws of Utah 2015, Chapter 352
10-2a-402
, as last amended by Laws of Utah 2019, Chapter 165
10-2a-403
, as enacted by Laws of Utah 2015, Chapter 352 and further amended by
Revisor Instructions, Laws of Utah 2015, Chapter 352
10-2a-404
, as last amended by Laws of Utah 2023, Chapters 16, 435
10-2a-405
, as last amended by Laws of Utah 2023, Chapter 435
10-2a-406
, as enacted by Laws of Utah 2015, Chapter 352
10-2a-407
, as enacted by Laws of Utah 2015, Chapter 352
10-2a-408
, as enacted by Laws of Utah 2015, Chapter 352
10-2a-409
, as enacted by Laws of Utah 2015, Chapter 352
10-2a-410
, as last amended by Laws of Utah 2023, Chapter 435
10-2a-411
, as last amended by Laws of Utah 2016, Chapter 14
10-2a-412
, as enacted by Laws of Utah 2015, Chapter 352
10-2a-413
, as last amended by Laws of Utah 2019, Chapter 165
10-2a-414
, as enacted by Laws of Utah 2016, Chapter 176
10-3b-501
, as last amended by Laws of Utah 2018, Chapter 174
10-3b-502
, as last amended by Laws of Utah 2018, Chapter 174
10-3b-503
, as last amended by Laws of Utah 2019, Chapter 24
10-3b-504
, as last amended by Laws of Utah 2018, Chapter 174
10-3c-101
, as enacted by Laws of Utah 2015, Chapter 352
10-3c-102
, as last amended by Laws of Utah 2023, Chapter 16
10-3c-103
, as last amended by Laws of Utah 2016, Chapter 176
10-3c-201
, as enacted by Laws of Utah 2015, Chapter 352
10-3c-202
, as last amended by Laws of Utah 2017, Chapter 13
10-3c-203
, as last amended by Laws of Utah 2022, Chapter 288
10-3c-204
, as last amended by Laws of Utah 2023, Chapter 435
10-3c-205
, as enacted by Laws of Utah 2015, Chapter 352
52-1-5.1
, as enacted by Laws of Utah 2016, Chapter 176
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-1-104
 is amended to read:
10-1-104.
Definitions.
As used in this title:
(1) "City" means a municipality that is classified by population as a city of the first
class, a city of the second class, a city of the third class, a city of the fourth class, or a city of
the fifth class, under Section 
10-2-301
.
(2) "Contiguous" means:
(a) if used to described an area, continuous, uninterrupted, and without an island of
territory not included as part of the area; and
(b) if used to describe an area's relationship to another area, sharing a common
boundary.
(3) "Governing body" means collectively the legislative body and the executive of any
municipality. Unless otherwise provided:
(a) in a city of the first or second class, the governing body is the city commission;
(b) in a city of the third, fourth, or fifth class, the governing body is the city council;
and
(c) in a town, the governing body is the town council[
; and
]
.
[
(d) in a metro township, the governing body is the metro township council.
]
(4) "Municipal" means of or relating to a municipality.
(5) "Municipality" means:
(a) a city of the first class, city of the second class, city of the third class, city of the
fourth class, city of the fifth class; 
or
(b) a town, as classified in Section 
10-2-301
[
; or
]
.
[
(c) a metro township as that term is defined in Section 
10-2a-403
 unless the term is
used in the context of authorizing, governing, or otherwise regulating the provision of
municipal services.
]
(6) "Peninsula," when used to describe an unincorporated area, means an area
surrounded on more than 1/2 of its boundary distance, but not completely, by incorporated
territory and situated so that the length of a line drawn across the unincorporated area from an
incorporated area to an incorporated area on the opposite side shall be less than 25% of the
total aggregate boundaries of the unincorporated area.
(7) "Person" means an individual, corporation, partnership, organization, association,
trust, governmental agency, or any other legal entity.
(8) "Provisions of law" shall include other statutes of the state of Utah and ordinances,
rules, and regulations properly adopted by any municipality unless the construction is clearly
contrary to the intent of state law.
(9) "Recorder," unless clearly inapplicable, includes and applies to a town clerk.
(10) "Town" means a municipality classified by population as a town under Section
10-2-301
.
(11) "Unincorporated" means not within a municipality.
Section 2. Section 
10-1-201.5
 is enacted to read:
 10-1-201.5.
Metro townships converted to municipalities -- Classification -- Form
of government -- Continuity of operations.
(1) As used in this section:
(a) "Converted municipality" means a municipality that is converted from an
incorporated township into a municipality under Subsection (2).
(b) "Incorporated township" means a metro township incorporated under Laws of Utah
2015, Chapter 352, Sections 50 through 62.
(2) As of May 1, 2024, an incorporated township is automatically converted into a
municipality.
(3) The classification of a converted municipality is governed by Section 
10-2-301
,
based on the converted municipality's population on May 1, 2024.
(4) (a) The powers of municipal government of a converted municipality are vested in
a five-member council, as provided in Chapter 3b, Part 4, Five-Member Council Form of
Municipal Government.
(b) Subsection (4)(a) does not limit a converted municipality's ability to change the
converted municipality's form of government, as provided in Chapter 3b, Part 6, Changing to
Another Form of Municipal Government.
(5) (a) The members of a converted municipality's council on May 1, 2024 consist of
the individuals serving as council members for the incorporated township immediately before
the incorporated township was converted into a municipality under Subsection (2), with the
mayor of the incorporated township becoming the mayor of the converted municipality.
(b) (i) Subject to Subsection (5)(b)(ii), the term of office of a member of the converted
municipality's council on May 1, 2024 is the same as the term of office that would have applied
to the council member if the incorporated township had not converted to a municipality under
Subsection (2).
(ii) (A) The office of mayor of a converted municipality is subject to election beginning
the first municipal election after the incorporated township converts to a municipality under
Subsection (2).
(B) The term of office of the mayor of a converted municipality continues from May 1,
until a successor to the office of mayor is elected and qualified.
(6) (a) Upon an incorporated township's conversion to a municipality under Subsection
(2):
(i) each ordinance, resolution, or policy of the incorporated township becomes the
ordinance, resolution, or policy of the converted municipality;
(ii) the converted municipality may continue to:
(A) operate and function as the incorporated township had been operating and
functioning before the conversion; and
(B) provide services the incorporated township had been providing before the
conversion;
(iii) a converted municipality may, after the conversion, continue to impose and collect
a tax, fee, fine, or other charge that the incorporated township was authorized to impose and
collect before the conversion;
(iv) a proceeding pending before the incorporated township at the time of conversion
continues without change before the converted municipality;
(v) a right or privilege of the incorporated township becomes the right or privilege of
the converted municipality; and
(vi) a contractual or other obligation of the incorporated township, including a
contractual or other obligation with another governmental entity, becomes the contractual or
other obligation of the converted municipality.
(b) An ordinance that under Subsection (6)(a)(i) becomes an ordinance of the
converted municipality includes a county ordinance that became an ordinance of the
incorporated township under Laws of Utah 2016, Chapter 176, Section 2 and has not been
repealed, subject to any amendment of that ordinance that the incorporated township enacted
before the incorporated township's conversion to a municipality under Subsection (2).
(7) A converted municipality succeeds to the position of the incorporated township
with respect to the incorporated township's participation or inclusion in a special district or
special service district, including a municipal services district.
Section 3. Section 
10-1-303
 is amended to read:
10-1-303.
Definitions.
As used in this part:
(1) "Commission" means the State Tax Commission.
(2) "Contractual franchise fee" means:
(a) a fee:
(i) provided for in a franchise agreement; and
(ii) that is consideration for the franchise agreement; or
(b) (i) a fee similar to Subsection (2)(a); or
(ii) any combination of Subsections (2)(a) and (b).
(3) (a) "Delivered value" means the fair market value of the taxable energy delivered
for sale or use in the municipality and includes:
(i) the value of the energy itself; and
(ii) any transportation, freight, customer demand charges, services charges, or other
costs typically incurred in providing taxable energy in usable form to each class of customer in
the municipality.
(b) "Delivered value" does not include the amount of a tax paid under:
(i) Title 59, Chapter 12, Sales and Use Tax Act; or
(ii) this part.
(4) "De minimis amount" means an amount of taxable energy that does not exceed the
greater of:
(a) 5% of the energy supplier's estimated total Utah gross receipts from sales of
property or services; or
(b) $10,000.
(5) "Energy supplier" means a person supplying taxable energy, except that the
commission may by rule exclude from this definition a person supplying a de minimis amount
of taxable energy.
(6) "Franchise agreement" means a franchise or an ordinance, contract, or agreement
granting a franchise.
(7) "Franchise tax" means:
(a) a franchise tax;
(b) a tax similar to a franchise tax; or
(c) any combination of Subsections (7)(a) and (b).
(8) "Municipality" means a city[
,
] 
or
 town[
, or metro township
].
(9) "Person" is as defined in Section 
59-12-102
.
(10) "Taxable energy" means gas and electricity.
Section 4. Section 
10-1-402
 is amended to read:
10-1-402.
Definitions.
As used in this part:
(1) "Commission" means the State Tax Commission.
(2) (a) Subject to Subsections (2)(b) and (c), "customer" means the person who is
obligated under a contract with a telecommunications provider to pay for telecommunications
service received under the contract.
(b) For purposes of this section and Section 
10-1-407
, "customer" means:
(i) the person who is obligated under a contract with a telecommunications provider to
pay for telecommunications service received under the contract; or
(ii) if the end user is not the person described in Subsection (2)(b)(i), the end user of
telecommunications service.
(c) "Customer" does not include a reseller:
(i) of telecommunications service; or
(ii) for mobile telecommunications service, of a serving carrier under an agreement to
serve the customer outside the telecommunications provider's licensed service area.
(3) (a) "End user" means the person who uses a telecommunications service.
(b) For purposes of telecommunications service provided to a person who is not an
individual, "end user" means the individual who uses the telecommunications service on behalf
of the person who is provided the telecommunications service.
(4) (a) "Gross receipts from telecommunications service" means the revenue that a
telecommunications provider receives for telecommunications service rendered except for
amounts collected or paid as:
(i) a tax, fee, or charge:
(A) imposed by a governmental entity;
(B) separately identified as a tax, fee, or charge in the transaction with the customer for
the telecommunications service; and
(C) imposed only on a telecommunications provider;
(ii) sales and use taxes collected by the telecommunications provider from a customer
under Title 59, Chapter 12, Sales and Use Tax Act; or
(iii) interest, a fee, or a charge that is charged by a telecommunications provider on a
customer for failure to pay for telecommunications service when payment is due.
(b) "Gross receipts from telecommunications service" includes a charge necessary to
complete a sale of a telecommunications service.
(5) "Mobile telecommunications service" is as defined in the Mobile
Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
(6) "Municipality" means a city[
,
] 
or
 town[
, or metro township
].
(7) "Place of primary use":
(a) for telecommunications service other than mobile telecommunications service,
means the street address representative of where the customer's use of the telecommunications
service primarily occurs, which shall be:
(i) the residential street address of the customer; or
(ii) the primary business street address of the customer; or
(b) for mobile telecommunications service, is as defined in the Mobile
Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
(8) Notwithstanding where a call is billed or paid, "service address" means:
(a) if the location described in this Subsection (8)(a) is known, the location of the
telecommunications equipment:
(i) to which a call is charged; and
(ii) from which the call originates or terminates;
(b) if the location described in Subsection (8)(a) is not known but the location
described in this Subsection (8)(b) is known, the location of the origination point of the signal
of the telecommunications service first identified by:
(i) the telecommunications system of the telecommunications provider; or
(ii) if the system used to transport the signal is not a system of the telecommunications
provider, information received by the telecommunications provider from its service provider;
or
(c) if the locations described in Subsection (8)(a) or (b) are not known, the location of a
customer's place of primary use.
(9) (a) Subject to Subsections (9)(b) and (9)(c), "telecommunications provider" means
a person that:
(i) owns, controls, operates, or manages a telecommunications service; or
(ii) engages in an activity described in Subsection (9)(a)(i) for the shared use with or
resale to any person of the telecommunications service.
(b) A person described in Subsection (9)(a) is a telecommunications provider whether
or not the Public Service Commission of Utah regulates:
(i) that person; or
(ii) the telecommunications service that the person owns, controls, operates, or
manages.
(c) "Telecommunications provider" does not include an aggregator as defined in
Section 
54-8b-2
.
(10) "Telecommunications service" means:
(a) telecommunications service, as defined in Section 
59-12-102
, other than mobile
telecommunications service, that originates and terminates within the boundaries of this state;
(b) mobile telecommunications service, as defined in Section 
59-12-102
:
(i) that originates and terminates within the boundaries of one state; and
(ii) only to the extent permitted by the Mobile Telecommunications Sourcing Act, 4
U.S.C. Sec. 116 et seq.; or
(c) an ancillary service as defined in Section 
59-12-102
.
(11) (a) Except as provided in Subsection (11)(b), "telecommunications tax or fee"
means any of the following imposed by a municipality on a telecommunications provider:
(i) a tax;
(ii) a license;
(iii) a fee;
(iv) a license fee;
(v) a license tax;
(vi) a franchise fee; or
(vii) a charge similar to a tax, license, or fee described in Subsections (11)(a)(i)
through (vi).
(b) "Telecommunications tax or fee" does not include:
(i) the municipal telecommunication's license tax authorized by this part; or
(ii) a tax, fee, or charge, including a tax imposed under Title 59, Revenue and
Taxation, that is imposed:
(A) on telecommunications providers; and
(B) on persons who are not telecommunications providers.
Section 5. Section 
10-2-302
 is amended to read:
10-2-302.
Change of class of municipality.
(1) Each municipality shall retain its classification under Section 
10-2-301
 until
changed as provided in this section or Subsection 
67-1a-2
(3).
(2) [
(a)
] If a municipality's population, as determined by the lieutenant governor under
Subsection 
67-1a-2
(3), indicates that the municipality's population has decreased below the
limit for its current class, the legislative body of the municipality may petition the lieutenant
governor to prepare a certificate indicating the class in which the municipality belongs based
on the decreased population figure.
[
(b) Notwithstanding Subsection (2)(a), the legislative body of a metro township may
not petition under this section to change from a metro township to a city or town.
]
(3) A municipality's change in class is effective on the date of the lieutenant governor's
certificate under Subsection 
67-1a-2
(3).
Section 6. Section 
10-2-405
 is amended to read:
10-2-405.
Acceptance or denial of an annexation petition -- Petition certification
process -- Modified petition.
(1) (a) (i) A municipal legislative body may:
(A) subject to Subsection (1)(a)(ii), deny a petition filed under Section 
10-2-403
; or
(B) accept the petition for further consideration under this part.
(ii) A petition shall be considered to have been accepted for further consideration under
this part if a municipal legislative body fails to act to deny or accept the petition under
Subsection (1)(a)(i):
(A) in the case of a city of the first or second class, within 14 days after the filing of the
petition; or
(B) in the case of a city of the third, fourth, or fifth class[
,
] 
or
 a town[
, or a metro
township
], at the next regularly scheduled meeting of the municipal legislative body that is at
least 14 days after the date the petition was filed.
(b) If a municipal legislative body denies a petition under Subsection (1)(a)(i), it shall,
within five days after the denial, mail written notice of the denial to:
(i) the contact sponsor; and
(ii) the clerk of the county in which the area proposed for annexation is located.
(2) If the municipal legislative body accepts a petition under Subsection (1)(a)(i) or is
considered to have accepted the petition under Subsection (1)(a)(ii), the city recorder or town
clerk, as the case may be, shall, within 30 days after that acceptance:
(a) obtain from the assessor, clerk, surveyor, and recorder of the county in which the
area proposed for annexation is located the records the city recorder or town clerk needs to
determine whether the petition meets the requirements of Subsections 
10-2-403
(3) and (4);
(b) with the assistance of the municipal attorney, determine whether the petition meets
the requirements of Subsections 
10-2-403
(3) and (4); and
(c) (i) if the city recorder or town clerk determines that the petition meets those
requirements, certify the petition and mail or deliver written notification of the certification to
the municipal legislative body, the contact sponsor, and the county legislative body; or
(ii) if the city recorder or town clerk determines that the petition fails to meet any of
those requirements, reject the petition and mail or deliver written notification of the rejection
and the reasons for the rejection to the municipal legislative body, the contact sponsor, and the
county legislative body.
(3) (a) (i) If the city recorder or town clerk rejects a petition under Subsection (2)(c)(ii),
the petition may be modified to correct the deficiencies for which it was rejected and then
refiled with the city recorder or town clerk, as the case may be.
(ii) A signature on an annexation petition filed under Section 
10-2-403
 may be used
toward fulfilling the signature requirement of Subsection 
10-2-403
(2)(b) for the petition as
modified under Subsection (3)(a)(i).
(b) If a petition is refiled under Subsection (3)(a) after having been rejected by the city
recorder or town clerk under Subsection (2)(c)(ii), the refiled petition shall be treated as a
newly filed petition under Subsection 
10-2-403
(1).
(4) Any vote by a municipal legislative body to deny a petition under this part may be
recalled and set for reconsideration by a majority of the voting members of the municipal
legislative body.
(5) Each county assessor, clerk, surveyor, and recorder shall provide copies of records
that a city recorder or town clerk requests under Subsection (2)(a).
Section 7. Section 
10-2-425 (Superseded 07/01/24)
 is amended to read:
10-2-425 (Superseded 07/01/24).
Filing of notice and plat -- Recording and notice
requirements -- Effective date of annexation or boundary adjustment.
(1) The legislative body of each municipality that enacts an ordinance under this part
approving the annexation of an unincorporated area or the adjustment of a boundary[
, or the
legislative body of an eligible city, as defined in Section 
10-2a-403
, that annexes an
unincorporated island upon the results of an election held in accordance with Section
10-2a-404
,
] shall:
(a) within 60 days after enacting the ordinance or the day of the election or, in the case
of a boundary adjustment, within 60 days after each of the municipalities involved in the
boundary adjustment has enacted an ordinance, file with the lieutenant governor:
(i) a notice of an impending boundary action, as defined in Section 
67-1a-6.5
, that
meets the requirements of Subsection 
67-1a-6.5
(3); and
(ii) a copy of an approved final local entity plat, as defined in Section 
67-1a-6.5
;
(b) upon the lieutenant governor's issuance of a certificate of annexation or boundary
adjustment, as the case may be, under Section 
67-1a-6.5
:
(i) if the annexed area or area subject to the boundary adjustment is located within the
boundary of a single county, submit to the recorder of that county the original notice of an
impending boundary action, the original certificate of annexation or boundary adjustment, the
original approved final local entity plat, and a certified copy of the ordinance approving the
annexation or boundary adjustment; or
(ii) if the annexed area or area subject to the boundary adjustment is located within the
boundaries of more than a single county:
(A) submit to the recorder of one of those counties the original notice of impending
boundary action, the original certificate of annexation or boundary adjustment, and the original
approved final local entity plat;
(B) submit to the recorder of each other county a certified copy of the documents listed
in Subsection (1)(b)(ii)(A); and
(C) submit a certified copy of the ordinance approving the annexation or boundary
adjustment to each county described in Subsections (1)(b)(ii)(A) and (B); and
(c) concurrently with Subsection (1)(b):
(i) send notice of the annexation or boundary adjustment to each affected entity; and
(ii) in accordance with Section 
26B-4-168
, file with the Department of Health and
Human Services:
(A) a certified copy of the ordinance approving the annexation of an unincorporated
area or the adjustment of a boundary; and
(B) a copy of the approved final local entity plat.
(2) If an annexation or boundary adjustment under this part [
or Chapter 2a, Part 4,
Incorporation of Metro Townships and Unincorporated Islands in a County of the First Class
on and after May 12, 2015,
] also causes an automatic annexation to a special district under
Section 
17B-1-416
 or an automatic withdrawal from a special district under Subsection
17B-1-502
(2), the municipal legislative body shall, as soon as practicable after the lieutenant
governor issues a certificate of annexation or boundary adjustment under Section 
67-1a-6.5
,
send notice of the annexation or boundary adjustment to the special district to which the
annexed area is automatically annexed or from which the annexed area is automatically
withdrawn.
(3) Each notice required under Subsection (1) relating to an annexation or boundary
adjustment shall state the effective date of the annexation or boundary adjustment, as
determined under Subsection (4).
(4) An annexation or boundary adjustment under this part is completed and takes
effect:
(a) for the annexation of or boundary adjustment affecting an area located in a county
of the first class, except for an annexation under Section 
10-2-418
:
(i) July 1 following the lieutenant governor's issuance under Section 
67-1a-6.5
 of a
certificate of annexation or boundary adjustment if:
(A) the certificate is issued during the preceding November 1 through April 30; and
(B) the requirements of Subsection (1) are met before that July 1; or
(ii) January 1 following the lieutenant governor's issuance under Section 
67-1a-6.5
 of a
certificate of annexation or boundary adjustment if:
(A) the certificate is issued during the preceding May 1 through October 31; and
(B) the requirements of Subsection (1) are met before that January 1; and
(b) subject to Subsection (5), for all other annexations and boundary adjustments, the
date of the lieutenant governor's issuance, under Section 
67-1a-6.5
, of a certificate of
annexation or boundary adjustment.
[
(5) If an annexation of an unincorporated island is based upon the results of an
election held in accordance with Section 
10-2a-404
:
]
[
(a) the county and the annexing municipality may agree to a date on which the
annexation is complete and takes effect; and
]
[
(b) the lieutenant governor shall issue, under Section 
67-1a-6.5
, a certification of
annexation on the date agreed to under Subsection (5)(a).
]
[
(6)
] 
(5)
 (a) As used in this Subsection [
(6)
] 
(5)
:
(i) "Affected area" means:
(A) in the case of an annexation, the annexed area; and
(B) in the case of a boundary adjustment, any area that, as a result of the boundary
adjustment, is moved from within the boundary of one municipality to within the boundary of
another municipality.
(ii) "Annexing municipality" means:
(A) in the case of an annexation, the municipality that annexes an unincorporated area;
and
(B) in the case of a boundary adjustment, a municipality whose boundary includes an
affected area as a result of a boundary adjustment.
(b) The effective date of an annexation or boundary adjustment for purposes of
assessing property within an affected area is governed by Section 
59-2-305.5
.
(c) Until the documents listed in Subsection (1)(b)(i) are recorded in the office of the
recorder of each county in which the property is located, a municipality may not:
(i) levy or collect a property tax on property within an affected area;
(ii) levy or collect an assessment on property within an affected area; or
(iii) charge or collect a fee for service provided to property within an affected area,
unless the municipality was charging and collecting the fee within that area immediately before
annexation.
Section 8. Section 
10-2-425 (Effective 07/01/24)
 is amended to read:
10-2-425 (Effective 07/01/24).
Filing of notice and plat -- Recording and notice
requirements -- Effective date of annexation or boundary adjustment.
(1) The legislative body of each municipality that enacts an ordinance under this part
approving the annexation of an unincorporated area or the adjustment of a boundary[
, or the
legislative body of an eligible city, as defined in Section 
10-2a-403
, that annexes an
unincorporated island upon the results of an election held in accordance with Section
10-2a-404
,
] shall:
(a) within 60 days after enacting the ordinance or the day of the election or, in the case
of a boundary adjustment, within 60 days after each of the municipalities involved in the
boundary adjustment has enacted an ordinance, file with the lieutenant governor:
(i) a notice of an impending boundary action, as defined in Section 
67-1a-6.5
, that
meets the requirements of Subsection 
67-1a-6.5
(3); and
(ii) a copy of an approved final local entity plat, as defined in Section 
67-1a-6.5
;
(b) upon the lieutenant governor's issuance of a certificate of annexation or boundary
adjustment, as the case may be, under Section 
67-1a-6.5
:
(i) if the annexed area or area subject to the boundary adjustment is located within the
boundary of a single county, submit to the recorder of that county the original notice of an
impending boundary action, the original certificate of annexation or boundary adjustment, the
original approved final local entity plat, and a certified copy of the ordinance approving the
annexation or boundary adjustment; or
(ii) if the annexed area or area subject to the boundary adjustment is located within the
boundaries of more than a single county:
(A) submit to the recorder of one of those counties the original notice of impending
boundary action, the original certificate of annexation or boundary adjustment, and the original
approved final local entity plat;
(B) submit to the recorder of each other county a certified copy of the documents listed
in Subsection (1)(b)(ii)(A); and
(C) submit a certified copy of the ordinance approving the annexation or boundary
adjustment to each county described in Subsections (1)(b)(ii)(A) and (B); and
(c) concurrently with Subsection (1)(b):
(i) send notice of the annexation or boundary adjustment to each affected entity; and
(ii) in accordance with Section 
53-2d-514
, file with the Bureau of Emergency Medical
Services:
(A) a certified copy of the ordinance approving the annexation of an unincorporated
area or the adjustment of a boundary; and
(B) a copy of the approved final local entity plat.
(2) If an annexation or boundary adjustment under this part [
or Chapter 2a, Part 4,
Incorporation of Metro Townships and Unincorporated Islands in a County of the First Class
on and after May 12, 2015,
] also causes an automatic annexation to a special district under
Section 
17B-1-416
 or an automatic withdrawal from a special district under Subsection
17B-1-502
(2), the municipal legislative body shall, as soon as practicable after the lieutenant
governor issues a certificate of annexation or boundary adjustment under Section 
67-1a-6.5
,
send notice of the annexation or boundary adjustment to the special district to which the
annexed area is automatically annexed or from which the annexed area is automatically
withdrawn.
(3) Each notice required under Subsection (1) relating to an annexation or boundary
adjustment shall state the effective date of the annexation or boundary adjustment, as
determined under Subsection (4).
(4) An annexation or boundary adjustment under this part is completed and takes
effect:
(a) for the annexation of or boundary adjustment affecting an area located in a county
of the first class, except for an annexation under Section 
10-2-418
:
(i) July 1 following the lieutenant governor's issuance under Section 
67-1a-6.5
 of a
certificate of annexation or boundary adjustment if:
(A) the certificate is issued during the preceding November 1 through April 30; and
(B) the requirements of Subsection (1) are met before that July 1; or
(ii) January 1 following the lieutenant governor's issuance under Section 
67-1a-6.5
 of a
certificate of annexation or boundary adjustment if:
(A) the certificate is issued during the preceding May 1 through October 31; and
(B) the requirements of Subsection (1) are met before that January 1; and
(b) subject to Subsection (5), for all other annexations and boundary adjustments, the
date of the lieutenant governor's issuance, under Section 
67-1a-6.5
, of a certificate of
annexation or boundary adjustment.
[
(5) If an annexation of an unincorporated island is based upon the results of an
election held in accordance with Section 
10-2a-404
:
]
[
(a) the county and the annexing municipality may agree to a date on which the
annexation is complete and takes effect; and
]
[
(b) the lieutenant governor shall issue, under Section 
67-1a-6.5
, a certification of
annexation on the date agreed to under Subsection (5)(a).
]
[
(6)
] 
(5)
 (a) As used in this Subsection [
(6)
] 
(5)
:
(i) "Affected area" means:
(A) in the case of an annexation, the annexed area; and
(B) in the case of a boundary adjustment, any area that, as a result of the boundary
adjustment, is moved from within the boundary of one municipality to within the boundary of
another municipality.
(ii) "Annexing municipality" means:
(A) in the case of an annexation, the municipality that annexes an unincorporated area;
and
(B) in the case of a boundary adjustment, a municipality whose boundary includes an
affected area as a result of a boundary adjustment.
(b) The effective date of an annexation or boundary adjustment for purposes of
assessing property within an affected area is governed by Section 
59-2-305.5
.
(c) Until the documents listed in Subsection (1)(b)(i) are recorded in the office of the
recorder of each county in which the property is located, a municipality may not:
(i) levy or collect a property tax on property within an affected area;
(ii) levy or collect an assessment on property within an affected area; or
(iii) charge or collect a fee for service provided to property within an affected area,
unless the municipality was charging and collecting the fee within that area immediately before
annexation.
Section 9. Section 
10-3-205
 is amended to read:
10-3-205.
Election of officers in municipalities operating under a city council
form of government.
Each municipality operating under a five-member or six-member city council form of
government shall hold municipal elections to fill, for a term of four years, the following
offices in the following years:
(1) in the year following a year in which a presidential election is held, the offices of:
(a) approximately half the council members; and
(b) except as provided in Subsection (2)(b) [
or 
10-2a-410
(2)(a)(ii)
], mayor; and
(2) in the year preceding a year in which a presidential election is held, the offices of:
(a) the remaining council members; and
(b) for a municipality that elected a mayor in 2015 for a term of four years, mayor. 
Section 10. Section 
10-3-205.5
 is amended to read:
10-3-205.5.
At-large election of officers -- Election of commissioners or council
members.
(1) Except as provided in Subsection (2), (3), or (4), the officers of each city shall be
elected in an at-large election held at the time and in the manner provided for electing
municipal officers.
(2) (a) The governing body of a city may by ordinance provide for the election of some
or all commissioners or council members, as the case may be, by district equal in number to the
number of commissioners or council members elected by district.
(b) (i) Each district shall be of substantially equal population as the other districts.
(ii) Within six months after the Legislature completes its redistricting process, the
governing body of each city that has adopted an ordinance under Subsection (2)(a) shall make
any adjustments in the boundaries of the districts as may be required to maintain districts of
substantially equal population.
[
(3) (a) The municipal council members of a metro township, as defined in Section
10-2a-403
, are elected:
]
[
(i) for a metro township with a population of 10,000 or more, by district in accordance
with Subsection 
10-2a-410
(1)(a); or
]
[
(ii) for a metro township with a population of less than 10,000, at-large in accordance
with Subsection 
10-2a-410
(1)(b).
]
[
(b) The council districts in a metro township with a population of 10,000 or more
shall comply with the requirements of Subsections (2)(b)(i) and (ii).
]
[
(4) (a) For a city incorporated in accordance with Chapter 2a, Part 4, Incorporation of
Metro Townships and Unincorporated Islands in a County of the First Class on and after May
12, 2015:
]
[
(i) the council members are elected by district in accordance with Section 
10-2a-410
;
and
]
[
(ii) the mayor is elected at-large in accordance with Section 
10-2a-410
.
]
[
(b) The council districts in a city described in Subsection (4)(a) shall comply with the
requirements of Subsections (2)(b)(i) and (ii).
]
Section 11. Section 
10-3-1302
 is amended to read:
10-3-1302.
Purpose.
[
(1)
] The purposes of this part are to establish standards of conduct for municipal
officers and employees and to require these persons to disclose actual or potential conflicts of
interest between their public duties and their personal interests.
[
(2) In a metro township, as defined in Section 
10-2a-403
, the provisions of this part
may not be applied to an appointed officer as that term is defined in Section 
17-16a-3
 or a
county employee who is required by law to provide services to the metro township.
]
Section 12. Section 
10-3b-102
 is amended to read:
10-3b-102.
Definitions.
As used in this chapter:
(1) "Council-mayor form of government" means the form of municipal government
that:
(a) (i) is provided for in Laws of Utah 1977, Chapter 48;
(ii) may not be adopted without voter approval; and
(iii) consists of two separate, independent, and equal branches of municipal
government; and
(b) on and after May 5, 2008, is described in Part 2, Council-Mayor Form of Municipal
Government.
(2) "Five-member council form of government" means the form of municipal
government described in Part 4, Five-Member Council Form of Municipal Government.
[
(3) "Metro township" means the same as that term is defined in Section 
10-2a-403
.
]
[
(4) "Metro township council form of government" means the form of metro township
government described in Part 5, Metro Township Council Form of Municipal Government.
]
[
(5)
] 
(3)
 "Six-member council form of government" means the form of municipal
government described in Part 3, Six-Member Council Form of Municipal Government.
Section 13. Section 
10-3b-103
 is amended to read:
10-3b-103.
Forms of municipal government -- Form of government for towns --
Former council-manager form.
(1) A municipality operating on May 4, 2008, under the council-mayor form of
government:
(a) shall, on and after May 5, 2008:
(i) operate under a council-mayor form of government, as defined in Section
10-3b-102
; and
(ii) be subject to:
(A) this part;
(B) Part 2, Council-Mayor Form of Municipal Government;
(C) Part 6, Changing to Another Form of Municipal Government; and
(D) except as provided in Subsection (1)(b), other applicable provisions of this title;
and
(b) is not subject to:
(i) Part 3, Six-Member Council Form of Municipal Government; 
or
(ii) Part 4, Five-Member Council Form of Municipal Government[
; or
]
.
[
(iii) Part 5, Metro Township Council Form of Municipal Government.
]
(2) A municipality operating on May 4, 2008 under a form of government known under
the law then in effect as the six-member council form:
(a) shall, on and after May 5, 2008, and whether or not the council has adopted an
ordinance appointing a manager for the municipality:
(i) operate under a six-member council form of government, as defined in Section
10-3b-102
;
(ii) be subject to:
(A) this part;
(B) Part 3, Six-Member Council Form of Municipal Government;
(C) Part 6, Changing to Another Form of Municipal Government; and
(D) except as provided in Subsection (2)(b), other applicable provisions of this title;
and
(b) is not subject to:
(i) Part 2, Council-Mayor Form of Municipal Government; 
or
(ii) Part 4, Five-Member Council Form of Municipal Government[
; or
]
.
[
(iii) Part 5, Metro Township Council Form of Municipal Government.
]
(3) A municipality operating on May 4, 2008, under a form of government known
under the law then in effect as the five-member council form:
(a) shall, on and after May 5, 2008:
(i) operate under a five-member council form of government, as defined in Section
10-3b-102
;
(ii) be subject to:
(A) this part;
(B) Part 4, Five-Member Council Form of Municipal Government;
(C) Part 6, Changing to Another Form of Municipal Government; and
(D) except as provided in Subsection (3)(b), other applicable provisions of this title;
and
(b) is not subject to:
(i) Part 2, Council-Mayor Form of Municipal Government; 
or
(ii) Part 3, Six-Member Council Form of Municipal Government[
; or
]
.
[
(iii) Part 5, Metro Township Council Form of Municipal Government.
]
(4) Subject to Subsection (5), each municipality [
other than a metro township
]
incorporated on or after May 5, 2008, shall operate under:
(a) the council-mayor form of government, with a five-member council;
(b) the council-mayor form of government, with a seven-member council;
(c) the six-member council form of government; or
(d) the five-member council form of government.
(5) Each town shall operate under a five-member council form of government unless:
(a) before May 5, 2008, the town has changed to another form of municipal
government; or
(b) on or after May 5, 2008, the town changes its form of government as provided in
Part 6, Changing to Another Form of Municipal Government.
[
(6) Each metro township:
]
[
(a) shall operate under a metro township council form of government;
]
[
(b) is subject to:
]
[
(i) this part;
]
[
(ii) Part 5, Metro Township Council Form of Municipal Government; and
]
[
(iii) except as provided in Subsection (6)(c), other applicable provisions of this title;
and
]
[
(c) is not subject to:
]
[
(i) Part 2, Council-Mayor Form of Municipal Government;
]
[
(ii) Part 3, Six-Member Council Form of Municipal Government; or
]
[
(iii) Part 4, Five-Member Council Form of Municipal Government.
]
[
(7)
] 
(6)
 (a) As used in this Subsection [
(7)
] 
(6)
, "council-manager form of
government" means the form of municipal government:
(i) provided for in Laws of Utah 1977, Chapter 48;
(ii) that cannot be adopted without voter approval; and
(iii) that provides for, subject to Subsections 
(7) and
 (8) [
and (9)
], an appointed
manager with duties and responsibilities established in Laws of Utah 1977,
Chapter 48.
(b) A municipality operating on May 4, 2008, under the council-manager form of
government:
(i) shall:
(A) continue to operate, on and after May 5, 2008, under the council-manager form of
government according to the applicable provisions of Laws of Utah
1977, Chapter 48; and
(B) be subject to:
(I) this Subsection [
(7)
] 
(6)
 and other applicable provisions of this part;
(II) Part 6, Changing to Another Form of Municipal Government; and
(III) except as provided in Subsection (7)(b)(ii), other applicable provisions of this
title; and
(ii) is not subject to:
(A) Part 2, Council-Mayor Form of Municipal Government;
(B) Part 3, Six-Member Council Form of Municipal Government; 
or
(C) Part 4, Five-Member Council Form of Municipal Government[
; or
]
.
[
(D) Part 5, Metro Township Council Form of Municipal Government.
]
[
(8)
] 
(7)
 (a) As used in this Subsection [
(8)
] 
(7)
, "interim vacancy period" means the
period of time that:
(i) begins on the day on which a municipal general election described in Section
10-3-201
 is held to elect a council member; and
(ii) ends on the day on which the council member-elect begins the council member's
term.
(b) (i) The council may not appoint a manager during an interim vacancy period.
(ii) Notwithstanding Subsection [
(8)(b)(i)
] 
(7)(b)(i)
:
(A) the council may appoint an interim manager during an interim vacancy period; and
(B) the interim manager's term shall expire once a new manager is appointed by the
new administration after the interim vacancy period has ended.
(c) Subsection [
(8)(b)
] 
(7)(b)
 does not apply if all the council members who held office
on the day of the municipal general election whose term of office was vacant for the election
are re-elected to the council for the following term.
[
(9)
] 
(8)
 A council that appoints a manager in accordance with this section may not, on
or after May 10, 2011, enter into an employment contract that contains an automatic renewal
provision with the manager.
[
(10)
] 
(9)
 Nothing in this section may be construed to prevent or limit a municipality
operating under any form of municipal government from changing to another form of
government as provided in Part 6, Changing to Another Form of Municipal Government.
Section 14. Section 
10-3b-601
 is amended to read:
10-3b-601.
Authority to change to another form of municipal government.
[
(1)
] As provided in this part, a municipality may change from the form of government
under which it operates to:
[
(a)
] 
(1)
 the council-mayor form of government with a five-member council;
[
(b)
] 
(2)
 the council-mayor form of government with a seven-member council;
[
(c)
] 
(3)
 the six-member council form of government; or
[
(d)
] 
(4)
 the five-member council form of government.
[
(2) (a) A metro township that changes from the metro township council form of
government to a form described in Subsection (1):
]
[
(i) is no longer a metro township; and
]
[
(ii) subject to Subsection (2)(b), is a city or town and operates as and has the authority
of a city or town.
]
[
(b) If a metro township with a population that qualifies as a town in accordance with
Section 
10-2-301
 changes the metro township's form of government in accordance with this
part, the metro township may only change to the five-member council form of government.
]
[
(3) A municipality other than a metro township may not operate under the metro
township council form of government.
]
Section 15. Section 
10-5-102
 is amended to read:
10-5-102.
Applicability.
This chapter [
shall apply
] 
applies
 to all[
:
] 
towns.
[
(1) towns; and
]
[
(2) metro townships of the second class to the same extent as a town.
]
Section 16. 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 providing notice for the town [
or metro township
], as a class A notice under Section
63G-30-102
, for at least seven days before the hearing.
(3) After the hearing, the town council, subject to Section 
10-5-110
, may adjust
expenditures and revenues in conformity with this chapter.
Section 17. Section 
10-6-103
 is amended to read:
10-6-103.
Applicability.
This chapter [
shall apply
] 
applies
 to all[
: (1)
] cities, including charter cities[
; and
]
.
[
(2) metro townships of the first class to the same extent as a city.
]
Section 18. 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-30-102
, for at least seven days before the day of the hearing.
Section 19. Section 
10-6-137
 is amended to read:
10-6-137.
City recorder -- Office -- Meetings and records -- Certified records as
evidence.
(1)
 The office of the city recorder shall be located at the place of the governing body or
at some other place convenient [
thereto
] 
to the place of the governing body,
 as the governing
body [
may direct. The
] 
directs.
(2) (a) Except as provided in Subsection (2)(b), the
 city recorder or 
a
 deputy city
recorder shall attend the meetings and keep the record of the proceedings of the governing
body.
(b) An individual designated by a municipal services district to provide recorder or
clerk services to a city is not required to attend a meeting of the city governing body if the
individual ensures compliance with the meeting minutes and recording requirements of Section
52-4-203
.
(c)
 Copies of all papers filed in the recorder's office and transcripts from all records of
the governing body, if certified by the recorder under the corporate seal, are admissible in all
courts as originals.
Section 20. 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) provide the notice for the city [
or metro township
], as a class A notice under
Section 
63G-30-102
, for at least 10 days; 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 21. Section 
10-9a-302
 is amended to read:
10-9a-302.
Planning commission powers and duties -- Training requirements.
(1) The planning commission shall review and make a recommendation to the
legislative body for:
(a) a general plan and amendments to the general plan;
(b) land use regulations, including:
(i) ordinances regarding the subdivision of land within the municipality; and
(ii) amendments to existing land use regulations;
(c) an appropriate delegation of power to at least one designated land use authority to
hear and act on a land use application;
(d) an appropriate delegation of power to at least one appeal authority to hear and act
on an appeal from a decision of the land use authority; and
(e) application processes that:
(i) may include a designation of routine land use matters that, upon application and
proper notice, will receive informal streamlined review and action if the application is
uncontested; and
(ii) shall protect the right of each:
(A) land use applicant and adversely affected party to require formal consideration of
any application by a land use authority;
(B) land use applicant or adversely affected party to appeal a land use authority's
decision to a separate appeal authority; and
(C) participant to be heard in each public hearing on a contested application.
(2) Before making a recommendation to a legislative body on an item described in
Subsection (1)(a) or (b), the planning commission shall hold a public hearing in accordance
with Section 
10-9a-404
.
(3) A legislative body may adopt, modify, or reject a planning commission's
recommendation to the legislative body under this section.
(4) A legislative body may consider a planning commission's failure to make a timely
recommendation as a negative recommendation.
(5) Nothing in this section limits the right of a municipality to initiate or propose the
actions described in this section.
(6) (a) (i) This Subsection (6) applies to:
(A) a city of the first, second, third, or fourth class; 
and
(B) a city of the fifth class with a population of 5,000 or more, if the city is located
within a county of the first, second, or third class[
; and
]
.
[
(C) a metro township with a population of 5,000 or more.
]
(ii) The population figures described in Subsection (6)(a)(i) shall be derived from:
(A) the most recent official census or census estimate of the United States Census
Bureau; or
(B) if a population figure is not available under Subsection (6)(a)(ii)(A), an estimate of
the Utah Population Committee.
(b) A municipality described in Subsection (6)(a)(i) shall ensure that each member of
the municipality's planning commission completes four hours of annual land use training as
follows:
(i) one hour of annual training on general powers and duties under Title 10, Chapter 9a,
Municipal Land Use, Development, and Management Act; and
(ii) three hours of annual training on land use, which may include:
(A) appeals and variances;
(B) conditional use permits;
(C) exactions;
(D) impact fees;
(E) vested rights;
(F) subdivision regulations and improvement guarantees;
(G) land use referenda;
(H) property rights;
(I) real estate procedures and financing;
(J) zoning, including use-based and form-based; and
(K) drafting ordinances and code that complies with statute.
(c) A newly appointed planning commission member may not participate in a public
meeting as an appointed member until the member completes the training described in
Subsection (6)(b)(i).
(d) A planning commission member may qualify for one completed hour of training
required under Subsection (6)(b)(ii) if the member attends, as an appointed member, 12 public
meetings of the planning commission within a calendar year.
(e) A municipality shall provide the training described in Subsection (6)(b) through:
(i) municipal staff;
(ii) the Utah League of Cities and Towns; or
(iii) a list of training courses selected by:
(A) the Utah League of Cities and Towns; or
(B) the Division of Real Estate created in Section 
61-2-201
.
(f) A municipality shall, for each planning commission member:
(i) monitor compliance with the training requirements in Subsection (6)(b); and
(ii) maintain a record of training completion at the end of each calendar year.
Section 22. Section 
10-9a-408
 is amended to read:
10-9a-408.
Moderate income housing report -- Contents -- Prioritization for
funds or projects -- Ineligibility for funds after noncompliance -- Civil actions.
(1) As used in this section:
(a) "Division" means the Housing and Community Development Division within the
Department of Workforce Services.
(b) "Implementation plan" means the implementation plan adopted as part of the
moderate income housing element of a specified municipality's general plan as provided in
Subsection 
10-9a-403
(2)(c).
(c) "Initial report" or "initial moderate income housing report" means the one-time
report described in Subsection (2).
(d) "Moderate income housing strategy" means a strategy described in Subsection
10-9a-403
(2)(b)(iii).
(e) "Report" means an initial report or a subsequent progress report.
(f) "Specified municipality" means:
(i) a city of the first, second, third, or fourth class; 
or
(ii) a city of the fifth class with a population of 5,000 or more, if the city is located
within a county of the first, second, or third class[
; or
]
.
[
(iii) a metro township with a population of 5,000 or more.
]
(g) "Subsequent progress report" means the annual report described in Subsection (3).
(2) (a) The legislative body of a specified municipality shall submit an initial report to
the division.
(b) (i) This Subsection (2)(b) applies to a municipality that is not a specified
municipality as of January 1, 2023.
(ii) As of January 1, if a municipality described in Subsection (2)(b)(i) changes from
one class to another or grows in population to qualify as a specified municipality, the
municipality shall submit an initial plan to the division on or before August 1 of the first
calendar year beginning on January 1 in which the municipality qualifies as a specified
municipality.
(c) The initial report shall:
(i) identify each moderate income housing strategy selected by the specified
municipality for continued, ongoing, or one-time implementation, restating the exact language
used to describe the moderate income housing strategy in Subsection 
10-9a-403
(2)(b)(iii); and
(ii) include an implementation plan.
(3) (a) After the division approves a specified municipality's initial report under this
section, the specified municipality shall, as an administrative act, annually submit to the
division a subsequent progress report on or before August 1 of each year after the year in which
the specified municipality is required to submit the initial report.
(b) The subsequent progress report shall include:
(i) subject to Subsection (3)(c), a description of each action, whether one-time or
ongoing, taken by the specified municipality during the previous 12-month period to
implement the moderate income housing strategies identified in the initial report for
implementation;
(ii) a description of each land use regulation or land use decision made by the specified
municipality during the previous 12-month period to implement the moderate income housing
strategies, including an explanation of how the land use regulation or land use decision
supports the specified municipality's efforts to implement the moderate income housing
strategies;
(iii) a description of any barriers encountered by the specified municipality in the
previous 12-month period in implementing the moderate income housing strategies;
(iv) information regarding the number of internal and external or detached accessory
dwelling units located within the specified municipality for which the specified municipality:
(A) issued a building permit to construct; or
(B) issued a business license or comparable license or permit to rent;
(v) a description of how the market has responded to the selected moderate income
housing strategies, including the number of entitled moderate income housing units or other
relevant data; and
(vi) any recommendations on how the state can support the specified municipality in
implementing the moderate income housing strategies.
(c) For purposes of describing actions taken by a specified municipality under
Subsection (3)(b)(i), the specified municipality may include an ongoing action taken by the
specified municipality prior to the 12-month reporting period applicable to the subsequent
progress report if the specified municipality:
(i) has already adopted an ordinance, approved a land use application, made an
investment, or approved an agreement or financing that substantially promotes the
implementation of a moderate income housing strategy identified in the initial report; and
(ii) demonstrates in the subsequent progress report that the action taken under
Subsection (3)(c)(i) is relevant to making meaningful progress towards the specified
municipality's implementation plan.
(d) A specified municipality's report shall be in a form:
(i) approved by the division; and
(ii) made available by the division on or before May 1 of the year in which the report is
required.
(4) Within 90 days after the day on which the division receives a specified
municipality's report, the division shall:
(a) post the report on the division's website;
(b) send a copy of the report to the Department of Transportation, the Governor's
Office of Planning and Budget, the association of governments in which the specified
municipality is located, and, if the specified municipality is located within the boundaries of a
metropolitan planning organization, the appropriate metropolitan planning organization; and
(c) subject to Subsection (5), review the report to determine compliance with this
section.
(5) (a) An initial report does not comply with this section unless the report:
(i) includes the information required under Subsection (2)(c);
(ii) demonstrates to the division that the specified municipality made plans to
implement:
(A) three or more moderate income housing strategies if the specified municipality
does not have a fixed guideway public transit station; or
(B) subject to Subsection 
10-9a-403
(2)(b)(iv), five or more moderate income housing
strategies if the specified municipality has a fixed guideway public transit station; and
(iii) is in a form approved by the division.
(b) A subsequent progress report does not comply with this section unless the report:
(i) demonstrates to the division that the specified municipality made plans to
implement:
(A) three or more moderate income housing strategies if the specified municipality
does not have a fixed guideway public transit station; or
(B) subject to the requirements of Subsection 
10-9a-403
(2)(a)(iii)(D), five or more
moderate income housing strategies if the specified municipality has a fixed guideway public
transit station;
(ii) is in a form approved by the division; and
(iii) provides sufficient information for the division to:
(A) assess the specified municipality's progress in implementing the moderate income
housing strategies;
(B) monitor compliance with the specified municipality's implementation plan;
(C) identify a clear correlation between the specified municipality's land use
regulations and land use decisions and the specified municipality's efforts to implement the
moderate income housing strategies;
(D) identify how the market has responded to the specified municipality's selected
moderate income housing strategies; and
(E) identify any barriers encountered by the specified municipality in implementing the
selected moderate income housing strategies.
(6) (a) A specified municipality qualifies for priority consideration under this
Subsection (6) if the specified municipality's report:
(i) complies with this section; and
(ii) demonstrates to the division that the specified municipality made plans to
implement:
(A) five or more moderate income housing strategies if the specified municipality does
not have a fixed guideway public transit station; or
(B) six or more moderate income housing strategies if the specified municipality has a
fixed guideway public transit station.
(b) The Transportation Commission may, in accordance with Subsection
72-1-304
(3)(c), give priority consideration to transportation projects located within the
boundaries of a specified municipality described in Subsection (6)(a) until the Department of
Transportation receives notice from the division under Subsection (6)(e).
(c) Upon determining that a specified municipality qualifies for priority consideration
under this Subsection (6), the division shall send a notice of prioritization to the legislative
body of the specified municipality and the Department of Transportation.
(d) The notice described in Subsection (6)(c) shall:
(i) name the specified municipality that qualifies for priority consideration;
(ii) describe the funds or projects for which the specified municipality qualifies to
receive priority consideration; and
(iii) state the basis for the division's determination that the specified municipality
qualifies for priority consideration.
(e) The division shall notify the legislative body of a specified municipality and the
Department of Transportation in writing if the division determines that the specified
municipality no longer qualifies for priority consideration under this Subsection (6).
(7) (a) If the division, after reviewing a specified municipality's report, determines that
the report does not comply with this section, the division shall send a notice of noncompliance
to the legislative body of the specified municipality.
(b) A specified municipality that receives a notice of noncompliance may:
(i) cure each deficiency in the report within 90 days after the day on which the notice of
noncompliance is sent; or
(ii) request an appeal of the division's determination of noncompliance within 10 days
after the day on which the notice of noncompliance is sent.
(c) The notice described in Subsection (7)(a) shall:
(i) describe each deficiency in the report and the actions needed to cure each
deficiency;
(ii) state that the specified municipality has an opportunity to:
(A) submit to the division a corrected report that cures each deficiency in the report
within 90 days after the day on which the notice of compliance is sent; or
(B) submit to the division a request for an appeal of the division's determination of
noncompliance within 10 days after the day on which the notice of noncompliance is sent; and
(iii) state that failure to take action under Subsection (7)(c)(ii) will result in the
specified municipality's ineligibility for funds under Subsection (9).
(d) For purposes of curing the deficiencies in a report under this Subsection (7), if the
action needed to cure the deficiency as described by the division requires the specified
municipality to make a legislative change, the specified municipality may cure the deficiency
by making that legislative change within the 90-day cure period.
(e) (i) If a specified municipality submits to the division a corrected report in
accordance with Subsection (7)(b)(i) and the division determines that the corrected report does
not comply with this section, the division shall send a second notice of noncompliance to the
legislative body of the specified municipality within 30 days after the day on which the
corrected report is submitted.
(ii) A specified municipality that receives a second notice of noncompliance may
submit to the division a request for an appeal of the division's determination of noncompliance
within 10 days after the day on which the second notice of noncompliance is sent.
(iii) The notice described in Subsection (7)(e)(i) shall:
(A) state that the specified municipality has an opportunity to submit to the division a
request for an appeal of the division's determination of noncompliance within 10 days after the
day on which the second notice of noncompliance is sent; and
(B) state that failure to take action under Subsection (7)(e)(iii)(A) will result in the
specified municipality's ineligibility for funds under Subsection (9).
(8) (a) A specified municipality that receives a notice of noncompliance under
Subsection (7)(a) or (7)(e)(i) may request an appeal of the division's determination of
noncompliance within 10 days after the day on which the notice of noncompliance is sent.
(b) Within 90 days after the day on which the division receives a request for an appeal,
an appeal board consisting of the following three members shall review and issue a written
decision on the appeal:
(i) one individual appointed by the Utah League of Cities and Towns;
(ii) one individual appointed by the Utah Homebuilders Association; and
(iii) one individual appointed by the presiding member of the association of
governments, established pursuant to an interlocal agreement under Title 11, Chapter 13,
Interlocal Cooperation Act, of which the specified municipality is a member.
(c) The written decision of the appeal board shall either uphold or reverse the division's
determination of noncompliance.
(d) The appeal board's written decision on the appeal is final.
(9) (a) A specified municipality is ineligible for funds under this Subsection (9) if:
(i) the specified municipality fails to submit a report to the division;
(ii) after submitting a report to the division, the division determines that the report does
not comply with this section and the specified municipality fails to:
(A) cure each deficiency in the report within 90 days after the day on which the notice
of noncompliance is sent; or
(B) request an appeal of the division's determination of noncompliance within 10 days
after the day on which the notice of noncompliance is sent;
(iii) after submitting to the division a corrected report to cure the deficiencies in a
previously-submitted report, the division determines that the corrected report does not comply
with this section and the specified municipality fails to request an appeal of the division's
determination of noncompliance within 10 days after the day on which the second notice of
noncompliance is sent; or
(iv) after submitting a request for an appeal under Subsection (8), the appeal board
issues a written decision upholding the division's determination of noncompliance.
(b) The following apply to a specified municipality described in Subsection (9)(a) until
the division provides notice under Subsection (9)(e):
(i) the executive director of the Department of Transportation may not program funds
from the Transportation Investment Fund of 2005, including the Transit Transportation
Investment Fund, to projects located within the boundaries of the specified municipality in
accordance with Subsection 
72-2-124
(5);
(ii) beginning with a report submitted in 2024, the specified municipality shall pay a
fee to the Olene Walker Housing Loan Fund in the amount of $250 per day that the specified
municipality:
(A) fails to submit the report to the division in accordance with this section, beginning
the day after the day on which the report was due; or
(B) fails to cure the deficiencies in the report, beginning the day after the day by which
the cure was required to occur as described in the notice of noncompliance under Subsection
(7); and
(iii) beginning with the report submitted in 2025, the specified municipality shall pay a
fee to the Olene Walker Housing Loan Fund in the amount of $500 per day that the specified
municipality, in a consecutive year:
(A) fails to submit the report to the division in accordance with this section, beginning
the day after the day on which the report was due; or
(B) fails to cure the deficiencies in the report, beginning the day after the day by which
the cure was required to occur as described in the notice of noncompliance under Subsection
(6).
(c) Upon determining that a specified municipality is ineligible for funds under this
Subsection (9), and is required to pay a fee under Subsection (9)(b), if applicable, the division
shall send a notice of ineligibility to the legislative body of the specified municipality, the
Department of Transportation, the State Tax Commission and the Governor's Office of
Planning and Budget.
(d) The notice described in Subsection (9)(c) shall:
(i) name the specified municipality that is ineligible for funds;
(ii) describe the funds for which the specified municipality is ineligible to receive;
(iii) describe the fee the specified municipality is required to pay under Subsection
(9)(b), if applicable[
,
]
;
 and
(iv) state the basis for the division's determination that the specified municipality is
ineligible for funds.
(e) The division shall notify the legislative body of a specified municipality and the
Department of Transportation in writing if the division determines that the provisions of this
Subsection (9) no longer apply to the specified municipality.
(f) The division may not determine that a specified municipality that is required to pay
a fee under Subsection (9)(b) is in compliance with the reporting requirements of this section
until the specified municipality pays all outstanding fees required under Subsection (9)(b) to
the Olene Walker Housing Loan Fund, created under Title 35A, Chapter 8, Part 5, Olene
Walker Housing Loan Fund.
(10) In a civil action seeking enforcement or claiming a violation of this section or of
Subsection 
10-9a-404
(4)(c), a plaintiff may not recover damages but may be awarded only
injunctive or other equitable relief.
Section 23. Section 
11-3-8
 is amended to read:
11-3-8.
Conflicting local ordinances prohibited.
A county, city, 
or
 town[
, or metro township
] may not adopt an ordinance or regulation
in conflict with Sections 
53-7-220
 through 
53-7-225
.
Section 24. Section 
11-13a-102
 is amended to read:
11-13a-102.
Definitions.
As used in this chapter:
(1) "Controlling interest" means that one or more governmental entities collectively
represent a majority of the board's voting power as outlined in the nonprofit corporation's
governing documents.
(2) (a) "Governing board" means the body that governs a governmental nonprofit
corporation.
(b) "Governing board" includes a board of directors.
(3) "Governmental entity" means the state, a county, a municipality, a special district, a
special service district, a school district, a state institution of higher education, or any other
political subdivision or administrative unit of the state.
(4) (a) "Governmental nonprofit corporation" means:
(i) a nonprofit corporation that is wholly owned or wholly controlled by one or more
governmental entities, unless the nonprofit corporation receives no operating funding or other
financial support from any governmental entity; or
(ii) a nonprofit corporation in which one or more governmental entities exercise a
controlling interest and:
(A) that exercises taxing authority;
(B) that imposes a mandatory fee for association or participation with the nonprofit
corporation where that association or participation is mandated by law; or
(C) that receives a majority of the nonprofit corporation's operating funding from one
or more governmental entities under the nonprofit corporation's governing documents, except
where voluntary membership fees, dues, or assessments compose the operating funding.
(b) "Governmental nonprofit corporation" does not include a water company, as that
term is defined in Section 
16-4-102
, unless the water company is wholly owned by one or more
governmental entities.
(5) "Municipality" means a city[
,
] 
or
 town[
, or metro township
].
Section 25. Section 
11-14-102
 is amended to read:
11-14-102.
Definitions.
For the purpose of this chapter:
(1) "Bond" means any bond authorized to be issued under this chapter, including
municipal bonds.
(2) "Election results" has the same meaning as defined in Section 
20A-1-102
.
(3) "Governing body" means:
(a) for a county, city, 
or
 town, [
or metro township,
] the legislative body of the county,
city, or town;
(b) for a special district, the board of trustees of the special district;
(c) for a school district, the local board of education; or
(d) for a special service district under Title 17D, Chapter 1, Special Service District
Act:
(i) the governing body of the county or municipality that created the special service
district, if no administrative control board has been established under Section 
17D-1-301
; or
(ii) the administrative control board, if one has been established under Section
17D-1-301
 and the power to issue bonds not payable from taxes has been delegated to the
administrative control board.
(4) (a) "Local political subdivision" means a county, city, town, [
metro township,
]
school district, special district, or special service district.
(b) "Local political subdivision" does not include the state and its institutions.
(5) "Special district" means a district operating under Title 17B, Limited Purpose Local
Government Entities - Special Districts.
Section 26. Section 
11-14-301
 is amended to read:
11-14-301.
Issuance of bonds by governing body -- Computation of indebtedness
under constitutional and statutory limitations.
(1) If the governing body has declared the bond proposition to have carried and no
contest has been filed, or if a contest has been filed and favorably terminated, the governing
body may proceed to issue the bonds voted at the election.
(2) (a) It is not necessary that all of the bonds be issued at one time, but, except as
otherwise provided in this Subsection (2), bonds approved by the voters may not be issued
more than 10 years after the day on which the election is held.
(b) The 10-year period described in Subsection (2)(a) is tolled if, at any time during the
10-year period:
(i) an application for a referendum petition is filed with a local clerk, in accordance
with Section 
20A-7-602
, with respect to the local obligation law relating to the bonds; or
(ii) the bonds are challenged in a court of law or an administrative proceeding in
relation to:
(A) the legality or validity of the bonds, or the election or proceedings authorizing the
bonds;
(B) the authority of the local political subdivision to issue the bonds;
(C) the provisions made for the security or payment of the bonds; or
(D) any other issue that materially and adversely affects the marketability of the bonds,
as determined by the individual or body that holds the executive powers of the local political
subdivision.
(c) For a bond described in this section that is approved by voters on or after May 8,
2002, but before May 14, 2019, a tolling period described in Subsection (2)(b)(i) ends on the
later of the day on which:
(i) the local clerk determines that the petition is insufficient, in accordance with
Subsection 
20A-7-607
(3), unless an application, described in Subsection 
20A-7-607
(4)(a), is
made to a court;
(ii) a court determines, under Subsection 
20A-7-607
(4)(c), that the petition for the
referendum is not legally sufficient; or
(iii) for a referendum petition that is sufficient, the governing body declares, as
provided by law, the results of the referendum election on the local obligation law.
(d) For a bond described in this section that was approved by voters on or after May
14, 2019, a tolling period described in Subsection (2)(b)(i) ends:
(i) if a county, city, town, [
metro township,
] or court determines, under Section
20A-7-602.7
, that the proposed referendum is not legally referable to voters, the later of:
(A) the day on which the county, city, 
or
 town[
, or metro township
] provides the notice
described in Subsection 
20A-7-602.7
(1)(b)(ii); or
(B) if a sponsor appeals, under Subsection 
20A-7-602.7
(4), the day on which a court
decision that the proposed referendum is not legally referable to voters becomes final; or
(ii) if a county, city, town, [
metro township,
] or court determines, under Section
20A-7-602.7
, that the proposed referendum is legally referable to voters, the later of:
(A) the day on which the local clerk determines, under Section 
20A-7-607
, that the
number of certified names is insufficient for the proposed referendum to appear on the ballot;
or
(B) if the local clerk determines, under Section 
20A-7-607
, that the number of certified
names is sufficient for the proposed referendum to appear on the ballot, the day on which the
governing body declares, as provided by law, the results of the referendum election on the local
obligation law.
(e) A tolling period described in Subsection (2)(b)(ii) ends after:
(i) there is a final settlement, a final adjudication, or another type of final resolution of
all challenges described in Subsection (2)(b)(ii); and
(ii) the individual or body that holds the executive powers of the local political
subdivision issues a document indicating that all challenges described in Subsection (2)(b)(ii)
are resolved and final.
(f) If the 10-year period described in Subsection (2)(a) is tolled under this Subsection
(2) and, when the tolling ends and after giving effect to the tolling, the period of time
remaining to issue the bonds is less than one year, the period of time remaining to issue the
bonds shall be extended to one year.
(g) The tolling provisions described in this Subsection (2) apply to all bonds described
in this section that were approved by voters on or after May 8, 2002.
(3) (a) Bonds approved by the voters may not be issued to an amount that will cause
the indebtedness of the local political subdivision to exceed that permitted by the Utah
Constitution or statutes.
(b) In computing the amount of indebtedness that may be incurred pursuant to
constitutional and statutory limitations, the constitutionally or statutorily permitted percentage,
as the case may be, shall be applied to the fair market value, as defined under Section 
59-2-102
,
of the taxable property in the local political subdivision, as computed from the last applicable
equalized assessment roll before the incurring of the additional indebtedness.
(c) In determining the fair market value of the taxable property in the local political
subdivision as provided in this section, the value of all tax equivalent property, as defined in
Section 
59-3-102
, shall be included as a part of the total fair market value of taxable property
in the local political subdivision, as provided in Title 59, Chapter 3, Tax Equivalent Property
Act.
(4) Bonds of improvement districts issued in a manner that they are payable solely
from the revenues to be derived from the operation of the facilities of the district may not be
included as bonded indebtedness for the purposes of the computation.
(5) Where bonds are issued by a city, town, or county payable solely from revenues
derived from the operation of revenue-producing facilities of the city, town, or county, or
payable solely from a special fund into which are deposited excise taxes levied and collected by
the city, town, or county, or excise taxes levied by the state and rebated pursuant to law to the
city, town, or county, or any combination of those excise taxes, the bonds shall be included as
bonded indebtedness of the city, town, or county only to the extent required by the Utah
Constitution, and any bonds not so required to be included as bonded indebtedness of the city,
town, or county need not be authorized at an election, except as otherwise provided by the Utah
Constitution, the bonds being hereby expressly excluded from the election requirement of
Section 
11-14-201
.
(6) A bond election is not void when the amount of bonds authorized at the election
exceeded the limitation applicable to the local political subdivision at the time of holding the
election, but the bonds may be issued from time to time in an amount within the applicable
limitation at the time the bonds are issued.
(7) (a) A local political subdivision may not receive, from the issuance of bonds
approved by the voters at an election, an aggregate amount that exceeds by more than 2% the
maximum principal amount stated in the bond proposition.
(b) The provision in Subsection (7)(a) applies to bonds issued pursuant to an election
held after January 1, 2019.
Section 27. Section 
11-17-2
 is amended to read:
11-17-2.
Definitions.
As used in this chapter:
(1) "Bonds" means bonds, notes, or other evidences of indebtedness.
(2) "Energy efficiency upgrade" means an improvement that is permanently affixed to
real property and that is designed to reduce energy consumption, including:
(a) insulation in:
(i) a wall, ceiling, roof, floor, or foundation; or
(ii) a heating or cooling distribution system;
(b) an insulated window or door, including:
(i) a storm window or door;
(ii) a multiglazed window or door;
(iii) a heat-absorbing window or door;
(iv) a heat-reflective glazed and coated window or door;
(v) additional window or door glazing;
(vi) a window or door with reduced glass area; or
(vii) other window or door modifications that reduce energy loss;
(c) an automatic energy control system;
(d) in a building or a central plant, a heating, ventilation, or air conditioning and
distribution system;
(e) caulking or weatherstripping;
(f) a light fixture that does not increase the overall illumination of a building unless an
increase is necessary to conform with the applicable building code;
(g) an energy recovery system;
(h) a daylighting system;
(i) measures to reduce the consumption of water, through conservation or more
efficient use of water, including:
(i) installation of a low-flow toilet or showerhead;
(ii) installation of a timer or timing system for a hot water heater; or
(iii) installation of a rain catchment system; or
(j) any other modified, installed, or remodeled fixture that is approved as a utility
cost-savings measure by the governing body.
(3) "Finance" or "financing" includes the issuing of bonds by a municipality, county, or
state university for the purpose of using a portion, or all or substantially all of the proceeds to
pay for or to reimburse the user, lender, or the user or lender's designee for the costs of the
acquisition of facilities of a project, or to create funds for the project itself where appropriate,
whether these costs are incurred by the municipality, the county, the state university, the user,
or a designee of the user. If title to or in these facilities at all times remains in the user, the
bonds of the municipality or county shall be secured by a pledge of one or more notes,
debentures, bonds, other secured or unsecured debt obligations of the user or lender, or the
sinking fund or other arrangement as in the judgment of the governing body is appropriate for
the purpose of assuring repayment of the bond obligations to investors in accordance with their
terms.
(4) "Governing body" means:
(a) for a county, city, 
or
 town, [
or metro township,
] the legislative body of the county,
city, 
or
 town[
, or metro township
];
(b) for the military installation development authority created in Section 
63H-1-201
,
the board, as defined in Section 
63H-1-102
;
(c) for a state university except as provided in Subsection (4)(d), the board or body
having the control and supervision of the state university; and
(d) for a nonprofit corporation or foundation created by and operating under the
auspices of a state university, the board of directors or board of trustees of that corporation or
foundation.
(5) (a) "Industrial park" means land, including all necessary rights, appurtenances,
easements, and franchises relating to it, acquired and developed by a municipality, county, or
state university for the establishment and location of a series of sites for plants and other
buildings for industrial, distribution, and wholesale use.
(b) "Industrial park" includes the development of the land for an industrial park under
this chapter or the acquisition and provision of water, sewerage, drainage, street, road,
sidewalk, curb, gutter, street lighting, electrical distribution, railroad, or docking facilities, or
any combination of them, but only to the extent that these facilities are incidental to the use of
the land as an industrial park.
(6) "Lender" means a trust company, savings bank, savings and loan association, bank,
credit union, or any other lending institution that lends, loans, or leases proceeds of a financing
to the user or a user's designee.
(7) "Mortgage" means a mortgage, trust deed, or other security device.
(8) "Municipality" means any incorporated city[
,
] 
or
 town[
, or metro township
] in the
state, including cities or towns operating under home rule charters.
(9) "Pollution" means any form of environmental pollution including water pollution,
air pollution, pollution caused by solid waste disposal, thermal pollution, radiation
contamination, or noise pollution.
(10) (a) "Project" means:
(i) an industrial park, land, interest in land, building, structure, facility, system, fixture,
improvement, appurtenance, machinery, equipment, or any combination of them, whether or
not in existence or under construction:
(A) that is suitable for industrial, manufacturing, warehousing, research, business, and
professional office building facilities, commercial, shopping services, food, lodging, low
income rental housing, recreational, or any other business purposes;
(B) that is suitable to provide services to the general public;
(C) that is suitable for use by any corporation, person, or entity engaged in health care
services, including hospitals, nursing homes, extended care facilities, facilities for the care of
persons with a physical or mental disability, and administrative and support facilities; or
(D) that is suitable for use by a state university for the purpose of aiding in the
accomplishment of its authorized academic, scientific, engineering, technical, and economic
development functions;
(ii) any land, interest in land, building, structure, facility, system, fixture, improvement,
appurtenance, machinery, equipment, or any combination of them, used by any individual,
partnership, firm, company, corporation, public utility, association, trust, estate, political
subdivision, state agency, or any other legal entity, or its legal representative, agent, or assigns,
for the reduction, abatement, or prevention of pollution, including the removal or treatment of
any substance in process material, if that material would cause pollution if used without the
removal or treatment;
(iii) an energy efficiency upgrade;
(iv) a renewable energy system;
(v) facilities, machinery, or equipment, the manufacturing and financing of which will
maintain or enlarge domestic or foreign markets for Utah industrial products; or
(vi) any economic development or new venture investment fund to be raised other than
from:
(A) municipal or county general fund money;
(B) money raised under the taxing power of any county or municipality; or
(C) money raised against the general credit of any county or municipality.
(b) "Project" does not include any property, real, personal, or mixed, for the purpose of
the construction, reconstruction, improvement, or maintenance of a public utility as defined in
Section 
54-2-1
.
(11) "Renewable energy system" means a product, system, device, or interacting group
of devices that is permanently affixed to real property and that produces energy from renewable
resources, including:
(a) a photovoltaic system;
(b) a solar thermal system;
(c) a wind system;
(d) a geothermal system, including:
(i) a direct-use system; or
(ii) a ground source heat pump system;
(e) a micro-hydro system; or
(f) another renewable energy system approved by the governing body.
(12) "State university" means an institution of higher education as described in Section
53B-2-101
 and includes any nonprofit corporation or foundation created by and operating
under their authority.
(13) "User" means the person, whether natural or corporate, who will occupy, operate,
maintain, and employ the facilities of, or manage and administer a project after the financing,
acquisition, or construction of it, whether as owner, manager, purchaser, lessee, or otherwise.
Section 28. Section 
11-26-401
 is amended to read:
11-26-401.
Definitions -- Prohibition on car sharing program taxes, fees, and
other charges.
(1) As used in this part:
(a) "Car sharing" means the same as that term is defined in Section 
13-48a-101
.
(b) "County" means the same as that term is defined in Section 
17-50-101
.
(c) "Local political subdivision" means the same as that term is defined in Section
11-14-102
.
[
(c)
] 
(d)
 "Municipality" means a city or a town.
[
(d) "Political subdivision" means the same as that term is defined in Section
11-14-102
.
]
(e) "Rental" means the same as the terms "lease" or "rental" are defined in Section
59-12-102
.
(2) A [
county, municipality, or other
] 
local
 political subdivision may not impose a tax,
fee, or charge on the gross proceeds or gross income of a car sharing transaction that the
jurisdiction does not impose on other transactions involving the rental of a motor vehicle
without a driver.
Section 29. Section 
11-39-101
 is amended to read:
11-39-101.
Definitions.
As used in this chapter:
(1) "Bid limit" means:
(a) for a building improvement:
(i) for the year 2003, $40,000; and
(ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
of 3% or the actual percent change in the Consumer Price Index during the previous calendar
year; and
(b) for a public works project:
(i) for the year 2003, $125,000; and
(ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
of 3% or the actual percent change in the Consumer Price Index during the previous calendar
year.
(2) "Building improvement":
(a) means the construction or repair of a public building or structure; and
(b) does not include construction or repair at an international airport.
(3) "Consumer Price Index" means the Consumer Price Index for All Urban
Consumers as published by the Bureau of Labor Statistics of the United States Department of
Labor.
(4) (a) "Design-build project" means a building improvement or public works project
for which both the design and construction are provided for in a single contract with a
contractor or combination of contractors capable of providing design-build services.
(b) "Design-build project" does not include a building improvement or public works
project:
(i) that a local entity undertakes under contract with a construction manager that
guarantees the contract price and is at risk for any amount over the contract price; and
(ii) each component of which is competitively bid.
(5) "Design-build services" means the engineering, architectural, and other services
necessary to formulate and implement a design-build project, including the actual construction
of the project.
(6) "Emergency repairs" means a building improvement or public works project
undertaken on an expedited basis to:
(a) eliminate an imminent risk of damage to or loss of public or private property;
(b) remedy a condition that poses an immediate physical danger; or
(c) reduce a substantial, imminent risk of interruption of an essential public service.
(7) "Governing body" means:
(a) for a county, city, 
or
 town, [
or metro township,
] the legislative body of the county,
city, 
or
 town[
, or metro township
];
(b) for a special district, the board of trustees of the special district; and
(c) for a special service district:
(i) 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
(ii) the administrative control board of the special service district, if an administrative
control board has been appointed under Section 
17D-1-301
.
(8) "Local entity" means a county, city, town, [
metro township,
] special district, or
special service district.
(9) "Lowest responsive responsible bidder" means a prime contractor who:
(a) has submitted a bid in compliance with the invitation to bid and within the
requirements of the plans and specifications for the building improvement or public works
project;
(b) is the lowest bidder that 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;
(c) has furnished a bid bond or equivalent in money as a condition to the award of a
prime contract; and
(d) furnishes a payment and performance bond as required by law.
(10) "Procurement code" means the provisions of Title 63G, Chapter 6a, Utah
Procurement Code.
(11) "Public works project":
(a) means the construction of:
(i) a park or recreational facility; or
(ii) a pipeline, culvert, dam, canal, or other system for water, sewage, storm water, or
flood control; and
(b) does not include:
(i) the replacement or repair of existing infrastructure on private property;
(ii) construction commenced before June 1, 2003; and
(iii) construction or repair at an international airport.
(12) "Special district" means the same as that term is defined in Section 
17B-1-102
.
(13) "Special service district" has the same meaning as defined in Section 
17D-1-102
.
Section 30. Section 
11-41-102
 is amended to read:
11-41-102.
Definitions.
As used in this chapter:
(1) "Agreement" means an oral or written agreement between a public entity and a
person.
(2) "Business entity" means a sole proprietorship, partnership, limited partnership,
limited liability company, corporation, or other entity or association used to carry on a business
for profit.
(3) "Determination of violation" means a determination by the Governor's Office of
Economic Opportunity of substantial likelihood that a retail facility incentive payment has been
made in violation of Section 
11-41-103
, in accordance with Section 
11-41-104
.
(4) "Environmental mitigation" means an action or activity intended to remedy known
negative impacts to the environment.
(5) "Executive director" means the executive director of the Governor's Office of
Economic Opportunity.
(6) "General plan" means the same as that term is defined in Section 
23A-6-101
.
(7) "Mixed-use development" means development with mixed land uses, including
housing.
(8) "Moderate income housing plan" means the moderate income housing plan element
of a general plan.
(9) "Office" means the Governor's Office of Economic Opportunity.
(10) "Political subdivision" means any county, city, town, [
metro township,
] school
district, special district, special service district, community reinvestment agency, or entity
created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation
Act.
(11) "Public entity" means:
(a) a political subdivision;
(b) a state agency as defined in Section 
63J-1-220
;
(c) a higher education institution as defined in Section 
53B-1-201
;
(d) the Military Installation Development Authority created in Section 
63H-1-201
;
(e) the Utah Inland Port Authority created in Section 
11-58-201
; or
(f) the Point of the Mountain State Land Authority created in Section 
11-59-201
.
(12) "Public funds" means any money received by a public entity that is derived from:
(a) a sales and use tax authorized under Title 59, Chapter 12, Sales and Use Tax Act;
or
(b) a property tax levy.
(13) "Public infrastructure" means:
(a) a public facility as defined in Section 
11-36a-102
; or
(b) public infrastructure included as part of an infrastructure master plan related to a
general plan.
(14) "Retail facility" means any facility operated by a business entity for the primary
purpose of making retail transactions.
(15) (a) "Retail facility incentive payment" means a payment of public funds:
(i) to a person by a public entity;
(ii) for the development, construction, renovation, or operation of a retail facility
within an area of the state; and
(iii) in the form of:
(A) a payment;
(B) a rebate;
(C) a refund;
(D) a subsidy; or
(E) any other similar incentive, award, or offset.
(b) "Retail facility incentive payment" does not include a payment of public funds for:
(i) the development, construction, renovation, or operation of:
(A) public infrastructure; or
(B) a structured parking facility;
(ii) the demolition of an existing facility;
(iii) assistance under a state or local:
(A) main street program; or
(B) historic preservation program;
(iv) environmental mitigation or sanitation, if determined by a state or federal agency
under applicable state or federal law;
(v) assistance under a water conservation program or energy efficiency program, if any
business entity located within the public entity's boundaries or subject to the public entity's
jurisdiction is eligible to participate in the program;
(vi) emergency aid or assistance, if any business entity located within the public entity's
boundaries or subject to the public entity's jurisdiction is eligible to receive the emergency aid
or assistance; or
(vii) assistance under a public safety or security program, if any business entity located
within the public entity's boundaries or subject to the public entity's jurisdiction is eligible to
participate in the program.
(16) "Retail transaction" means any transaction subject to a sales and use tax under
Title 59, Chapter 12, Sales and Use Tax Act.
(17) (a) "Small business" means a business entity that:
(i) has fewer than 30 full-time equivalent employees; and
(ii) maintains the business entity's principal office in the state.
(b) "Small business" does not include:
(i) a franchisee, as defined in 16 C.F.R. Sec. 436.1;
(ii) a dealer, as defined in Section 
41-1a-102
; or
(iii) a subsidiary or affiliate of another business entity that is not a small business.
Section 31. Section 
11-42a-102
 is amended to read:
11-42a-102.
Definitions.
(1) "Air quality standards" means that a vehicle's emissions are equal to or cleaner than
the standards established in bin 4 Table S04-1, of 40 C.F.R. 86.1811-04(c)(6).
(2) (a) "Assessment" means the assessment that a local entity or the C-PACE district
levies on private property under this chapter to cover the costs of an energy efficiency upgrade,
a renewable energy system, or an electric vehicle charging infrastructure.
(b) "Assessment" does not constitute a property tax but shares the same priority lien as
a property tax.
(3) "Assessment fund" means a special fund that a local entity establishes under
Section 
11-42a-206
.
(4) "Benefitted property" means private property within an energy assessment area that
directly benefits from improvements.
(5) "Bond" means an assessment bond and a refunding assessment bond.
(6) (a) "Commercial or industrial real property" means private real property used
directly or indirectly or held for one of the following purposes or activities, regardless of
whether the purpose or activity is for profit:
(i) commercial;
(ii) mining;
(iii) agricultural;
(iv) industrial;
(v) manufacturing;
(vi) trade;
(vii) professional;
(viii) a private or public club;
(ix) a lodge;
(x) a business; or
(xi) a similar purpose.
(b) "Commercial or industrial real property" includes:
(i) private real property that is used as or held for dwelling purposes and contains:
(A) more than four rental units; or
(B) one or more owner-occupied or rental condominium units affiliated with a hotel;
and
(ii) real property owned by:
(A) the military installation development authority, created in Section 
63H-1-201
; or
(B) the Utah Inland Port Authority, created in Section 
11-58-201
.
(7) "Contract price" means:
(a) up to 100% of the cost of installing, acquiring, refinancing, or reimbursing for an
improvement, as determined by the owner of the property benefitting from the improvement; or
(b) the amount payable to one or more contractors for the assessment, design,
engineering, inspection, and construction of an improvement.
(8) "C-PACE" means commercial property assessed clean energy.
(9) "C-PACE district" means the statewide authority established in Section 
11-42a-106
to implement the C-PACE Act in collaboration with governing bodies, under the direction of
OED.
(10) "Electric vehicle charging infrastructure" means equipment that is:
(a) permanently affixed to commercial or industrial real property; and
(b) designed to deliver electric energy to a qualifying electric vehicle or a qualifying
plug-in hybrid vehicle.
(11) "Energy assessment area" means an area:
(a) within the jurisdictional boundaries of a local entity that approves an energy
assessment area or, if the C-PACE district or a state interlocal entity levies the assessment, the
C-PACE district or the state interlocal entity;
(b) containing only the commercial or industrial real property of owners who have
voluntarily consented to an assessment under this chapter for the purpose of financing the costs
of improvements that benefit property within the energy assessment area; and
(c) in which the proposed benefitted properties in the area are:
(i) contiguous; or
(ii) located on one or more contiguous or adjacent tracts of land that would be
contiguous or adjacent property but for an intervening right-of-way, including a sidewalk,
street, road, fixed guideway, or waterway.
(12) "Energy assessment bond" means a bond:
(a) issued under Section 
11-42a-401
; and
(b) payable in part or in whole from assessments levied in an energy assessment area.
(13) "Energy assessment lien" means a lien on property within an energy assessment
area that arises from the levy of an assessment in accordance with Section 
11-42a-301
.
(14) "Energy assessment ordinance" means an ordinance that a local entity adopts
under Section 
11-42a-201
 that:
(a) designates an energy assessment area;
(b) levies an assessment on benefitted property within the energy assessment area; and
(c) if applicable, authorizes the issuance of energy assessment bonds.
(15) "Energy assessment resolution" means one or more resolutions adopted by a local
entity under Section 
11-42a-201
 that:
(a) designates an energy assessment area;
(b) levies an assessment on benefitted property within the energy assessment area; and
(c) if applicable, authorizes the issuance of energy assessment bonds.
(16) "Energy efficiency upgrade" means an improvement that is:
(a) permanently affixed to commercial or industrial real property; and
(b) designed to reduce energy or water consumption, including:
(i) insulation in:
(A) a wall, roof, floor, or foundation; or
(B) a heating and cooling distribution system;
(ii) a window or door, including:
(A) a storm window or door;
(B) a multiglazed window or door;
(C) a heat-absorbing window or door;
(D) a heat-reflective glazed and coated window or door;
(E) additional window or door glazing;
(F) a window or door with reduced glass area; or
(G) other window or door modifications;
(iii) an automatic energy control system;
(iv) in a building or a central plant, a heating, ventilation, or air conditioning and
distribution system;
(v) caulk or weatherstripping;
(vi) a light fixture that does not increase the overall illumination of a building, unless
an increase is necessary to conform with the applicable building code;
(vii) an energy recovery system;
(viii) a daylighting system;
(ix) measures to reduce the consumption of water, through conservation or more
efficient use of water, including installation of:
(A) low-flow toilets and showerheads;
(B) timer or timing systems for a hot water heater; or
(C) rain catchment systems;
(x) a modified, installed, or remodeled fixture that is approved as a utility cost-saving
measure by the governing body or executive of a local entity;
(xi) measures or other improvements to effect seismic upgrades;
(xii) structures, measures, or other improvements to provide automated parking or
parking that reduces land use;
(xiii) the extension of an existing natural gas distribution company line;
(xiv) an energy efficient elevator, escalator, or other vertical transport device;
(xv) any other improvement that the governing body or executive of a local entity
approves as an energy efficiency upgrade; or
(xvi) any improvement that relates physically or functionally to any of the
improvements listed in Subsections (16)(b)(i) through (xv).
(17) "Governing body" means:
(a) for a county, city, 
or
 town, [
or metro township,
] the legislative body of the county,
city, 
or
 town[
, or metro township
];
(b) for a special district, the board of trustees of the special district;
(c) for a special service district:
(i) if no administrative control board has been appointed under Section 
17D-1-301
, the
legislative body of the county, city, town, or metro township that established the special service
district; or
(ii) if an administrative control board has been appointed under Section 
17D-1-301
, the
administrative control board of the special service district;
(d) for the military installation development authority created in Section 
63H-1-201
,
the board, as that term is defined in Section 
63H-1-102
; and
(e) for the Utah Inland Port Authority, created in Section 
11-58-201
, the board, as
defined in Section 
11-58-102
.
(18) "Improvement" means a publicly or privately owned energy efficiency upgrade,
renewable energy system, or electric vehicle charging infrastructure that:
(a) a property owner has requested; or
(b) has been or is being installed on a property for the benefit of the property owner.
(19) "Incidental refunding costs" means any costs of issuing a refunding assessment
bond and calling, retiring, or paying prior bonds, including:
(a) legal and accounting fees;
(b) charges of financial advisors, escrow agents, certified public accountant verification
entities, and trustees;
(c) underwriting discount costs, printing costs, and the costs of giving notice;
(d) any premium necessary in the calling or retiring of prior bonds;
(e) fees to be paid to the local entity to issue the refunding assessment bond and to
refund the outstanding prior bonds;
(f) any other costs that the governing body determines are necessary and proper to incur
in connection with the issuance of a refunding assessment bond; and
(g) any interest on the prior bonds that is required to be paid in connection with the
issuance of the refunding assessment bond.
(20) "Installment payment date" means the date on which an installment payment of an
assessment is payable.
(21) "Jurisdictional boundaries" means:
(a) for the C-PACE district or any state interlocal entity, the boundaries of the state;
and
(b) for each local entity, the boundaries of the local entity.
(22) (a) "Local entity" means:
(i) a county, city, 
or
 town[
, or metro township
];
(ii) a special service district, a special district, or an interlocal entity as that term is
defined in Section 
11-13-103
;
(iii) a state interlocal entity;
(iv) the military installation development authority, created in Section 
63H-1-201
;
(v) the Utah Inland Port Authority, created in Section 
11-58-201
; or
(vi) any political subdivision of the state.
(b) "Local entity" includes the C-PACE district solely in connection with:
(i) the designation of an energy assessment area;
(ii) the levying of an assessment; and
(iii) the assignment of an energy assessment lien to a third-party lender under Section
11-42a-302
.
(23) "Local entity obligations" means energy assessment bonds and refunding
assessment bonds that a local entity issues.
(24) "OED" means the Office of Energy Development created in Section 
79-6-401
.
(25) "OEM vehicle" means the same as that term is defined in Section 
19-1-402
.
(26) "Overhead costs" means the actual costs incurred or the estimated costs to be
incurred in connection with an energy assessment area, including:
(a) appraisals, legal fees, filing fees, facilitation fees, and financial advisory charges;
(b) underwriting fees, placement fees, escrow fees, trustee fees, and paying agent fees;
(c) publishing and mailing costs;
(d) costs of levying an assessment;
(e) recording costs; and
(f) all other incidental costs.
(27) "Parameters resolution" means a resolution or ordinance that a local entity adopts
in accordance with Section 
11-42a-201
.
(28) "Prior bonds" means the energy assessment bonds refunded in part or in whole by
a refunding assessment bond.
(29) "Prior energy assessment ordinance" means the ordinance levying the assessments
from which the prior bonds are payable.
(30) "Prior energy assessment resolution" means the resolution levying the assessments
from which the prior bonds are payable.
(31) "Property" includes real property and any interest in real property, including water
rights and leasehold rights.
(32) "Public electrical utility" means a large-scale electric utility as that term is defined
in Section 
54-2-1
.
(33) "Qualifying electric vehicle" means a vehicle that:
(a) meets air quality standards;
(b) is not fueled by natural gas;
(c) draws propulsion energy from a battery with at least 10 kilowatt hours of capacity;
and
(d) is an OEM vehicle except that the vehicle is fueled by a fuel described in
Subsection (33)(c).
(34) "Qualifying plug-in hybrid vehicle" means a vehicle that:
(a) meets air quality standards;
(b) is not fueled by natural gas or propane;
(c) has a battery capacity that meets or exceeds the battery capacity described in
Subsection 30D(b)(3), Internal Revenue Code; and
(d) is fueled by a combination of electricity and:
(i) diesel fuel;
(ii) gasoline; or
(iii) a mixture of gasoline and ethanol.
(35) "Reduced payment obligation" means the full obligation of an owner of property
within an energy assessment area to pay an assessment levied on the property after the local
entity has reduced the assessment because of the issuance of a refunding assessment bond, in
accordance with Section 
11-42a-403
.
(36) "Refunding assessment bond" means an assessment bond that a local entity issues
under Section 
11-42a-403
 to refund, in part or in whole, energy assessment bonds.
(37) (a) "Renewable energy system" means a product, system, device, or interacting
group of devices that is permanently affixed to commercial or industrial real property not
located in the certified service area of a distribution electrical cooperative, as that term is
defined in Section 
54-2-1
, and:
(i) produces energy from renewable resources, including:
(A) a photovoltaic system;
(B) a solar thermal system;
(C) a wind system;
(D) a geothermal system, including a generation system, a direct-use system, or a
ground source heat pump system;
(E) a microhydro system;
(F) a biofuel system; or
(G) any other renewable source system that the governing body of the local entity
approves;
(ii) stores energy, including:
(A) a battery storage system; or
(B) any other energy storing system that the governing body or chief executive officer
of a local entity approves; or
(iii) any improvement that relates physically or functionally to any of the products,
systems, or devices listed in Subsection (37)(a)(i) or (ii).
(b) "Renewable energy system" does not include a system described in Subsection
(37)(a)(i) if the system provides energy to property outside the energy assessment area, unless
the system:
(i) (A) existed before the creation of the energy assessment area; and
(B) beginning before January 1, 2017, provides energy to property outside of the area
that became the energy assessment area; or
(ii) provides energy to property outside the energy assessment area under an agreement
with a public electrical utility that is substantially similar to agreements for other renewable
energy systems that are not funded under this chapter.
(38) "Special district" means a special district under Title 17B, Limited Purpose Local
Government Entities - Special Districts.
(39) "Special service district" means the same as that term is defined in Section
17D-1-102
.
(40) "State interlocal entity" means:
(a) an interlocal entity created under Chapter 13, Interlocal Cooperation Act, by two or
more counties, cities, 
or
 towns[
, or metro townships
] that collectively represent at least a
majority of the state's population; or
(b) an entity that another state authorized, before January 1, 2017, to issue bonds,
notes, or other obligations or refunding obligations to finance or refinance projects in the state.
(41) "Third-party lender" means a trust company, savings bank, savings and loan
association, bank, credit union, or any other entity that provides loans directly to property
owners for improvements authorized under this chapter.
Section 32. Section 
11-42b-101
 is amended to read:
11-42b-101.
Definitions.
As used in this chapter:
(1) "Assessment" means the assessment that a specified county levies on benefitted
properties under this chapter to pay for beneficial activities.
(2) "Assessment area" means a convention and tourism business assessment area
designated under this chapter.
(3) (a) "Beneficial activity" means any activity or service that increases hotel room
rates or occupancy levels at lodging establishments.
(b) "Beneficial activity" includes an activity to:
(i) promote tourism;
(ii) sponsor or incentivize a cultural or sports event, festival, conference, or
convention;
(iii) facilitate economic or workforce development for the lodging industry, including
workforce recruitment or retention; or
(iv) promote placemaking, visitor management, or destination enhancement.
(4) "Benefitted property" means a lodging establishment that directly or indirectly
benefits from a beneficial activity.
(5) "Guest" means an individual for whom a lodging establishment provides lodging
accommodations for compensation.
(6) "Lodging establishment" means the same as that term is defined in Section
29-2-102
.
(7) "Municipality" means a city[
,
] 
or
 town[
, or metro township
].
(8) "Owner" means the owner of a benefitted property, or the authorized agent or
employee of the owner.
(9) "Qualified number of owners" means a number of owners of benefitted properties
that represents 60% or more of the total assessment amount levied against all benefitted
properties within a proposed or existing assessment area, provided that if an owner of one or
more benefitted properties represents 40% or more of the total assessment amount levied
against all benefitted properties within a proposed or existing assessment area, no more than
40% of the total assessment amount shall be attributed to that owner.
(10) "Specified county" means a county of the first or second class.
(11) "Third party administrator" means a private nonprofit organization, primarily
engaged in destination marketing and promotion, that enters into a contract with a specified
county to provide beneficial activities within an assessment area in accordance with the
management plan.
Section 33. Section 
11-46a-101
 is amended to read:
11-46a-101.
Definitions.
As used in this chapter:
(1) (a) "Animal" means any nonhuman vertebrate life form.
(b) "Animal" does not include domestic cats, domestic dogs, exotic animals, or
reptiles.
(2) (a) "Animal enterprise" means a commercial enterprise, an academic enterprise, or
a competition that uses or sells animals or animal products for profit, food or fiber production,
agriculture, education, research, sport, or testing.
(b) "Animal enterprise" includes an animal competition, exposition, fair, rodeo, farm,
feedlot, furrier, ranch, or event intended to exhibit or advance agricultural arts and sciences.
(c) "Animal enterprise" does not include an aquarium, circus, horse and carriage
operation, retail pet store, or zoo.
(3) "Exotic animal" means a:
(a) member of the family Felidae not indigenous to Utah, except the species Felis catus
(domestic cat);
(b) nonhuman primate;
(c) nonwolf member of the family Canidae not indigenous to Utah, except the species
Canis familiaris (domestic dog);
(d) bear; and
(e) member of the order Crocodylia.
(4) "Political subdivision" means:
(a) a city[
,
] 
or
 town[
, or metro township
]; or
(b) a county, as it relates to the licensing and regulation of an animal enterprise or
working animal in the unincorporated area of the county.
(5) (a) "Working animal" means an animal used for performing a specific duty or
function in commerce, including an animal used for entertainment, herding, transportation,
education, or exhibition.
(b) "Working animal" does not include a horse and carriage operation.
Section 34. Section 
11-48-101.5
 is amended to read:
11-48-101.5.
Definitions.
As used in this chapter:
(1) (a) "911 ambulance services" means ambulance services rendered in response to a
911 call received by a designated dispatch center that receives 911 or E911 calls.
(b) "911 ambulance services" does not mean a seven or ten digit telephone call
received directly by an ambulance provider licensed under Title 26B, Chapter 4, Part 1, Utah
Emergency Medical Services System.
(2) "Municipality" means a city[
,
] 
or
 town[
, or metro township
].
(3) "Political subdivision" means a county, city, town, special district, or 
special
service district.
Section 35. Section 
11-54-102
 is amended to read:
11-54-102.
Definitions.
As used in this chapter:
(1) "Buyback purchaser" means a person who buys a procurement item from the local
government entity to which the person previously sold the procurement item.
(2) "Excess repurchase amount" means the difference between:
(a) the amount a buyback purchaser pays to a local government entity to purchase a
procurement item that the buyback purchaser previously sold to the local government entity;
and
(b) the amount the local government entity paid to the buyback purchaser to purchase
the procurement item.
(3) "Local government entity" means a county, city, town, [
metro township,
] special
district, special service district, community reinvestment agency, conservation district, or
school district that is not subject to Title 63G, Chapter 6a, Utah Procurement Code.
(4) "Procurement item" means the same as that term is defined in Section 
63G-6a-103
.
Section 36. Section 
11-56-102
 is amended to read:
11-56-102.
Definitions.
As used in this chapter:
(1) (a) "Enclosed mobile business" means a business that maintains ongoing mobility
and of which the receipt of goods or services offered and point of sales occurs within an
enclosed vehicle, an enclosed trailer, or an enclosed mobile structure.
(b) An enclosed mobile business's goods or services include those offered in the
following industries:
(i) barber;
(ii) beauty and cosmetic, including nail, eyelash, and waxing;
(iii) cycling;
(iv) cell phone;
(v) computer;
(vi) footwear;
(vii) media archive and transfer;
(viii) pet grooming;
(ix) sewing and tailoring;
(x) small engine; and
(xi) tool.
(c) "Enclosed mobile business" does not include a food cart, a food truck, or an ice
cream truck.
(2) "Event permit" means a permit that a political subdivision issues to the organizer of
a mobile business event located on public property.
(3) (a) "Food cart" means a cart:
(i) that is not motorized; and
(ii) that a vendor, standing outside the frame of the cart, uses to prepare, sell, or serve
food or beverages for immediate human consumption.
(b) "Food cart" does not include an enclosed mobile business, a food truck, or an ice
cream truck.
(4) (a) "Food truck" means a fully encased food service establishment:
(i) on a motor vehicle or on a trailer that a motor vehicle pulls to transport; and
(ii) from which a food truck vendor, standing within the frame of the vehicle, prepares,
cooks, sells, or serves food or beverages for immediate human consumption.
(b) "Food truck" does not include an enclosed mobile business, a food cart, or an ice
cream truck.
(5) "Health department permit" means a document that a local health department issues
to authorize a mobile business to operate within the jurisdiction of the local health department.
(6) (a) "Ice cream truck" means a fully encased food service establishment:
(i) on a motor vehicle or on a trailer that a motor vehicle pulls to transport;
(ii) from which a vendor, from within the frame of the vehicle, serves ice cream;
(iii) that attracts patrons by traveling through a residential area and signaling the truck's
presence in the area, including by playing music; and
(iv) that may stop to serve ice cream at the signal of a patron.
(b) "Ice cream truck" does not include an enclosed mobile business, a food cart, or a
food truck.
(7) "Local health department" means the same as that term is defined in Section
26A-1-102
.
(8) "Mobile business" means an enclosed mobile business, a food cart, a food truck, or
an ice cream truck.
(9) "Mobile business event" means an event at which a mobile business has been
invited by the event organizer to offer the mobile business's goods or services at a private or
public gathering.
(10) "Operator" means a person, including a vendor, who owns, manages, controls, or
operates a mobile business.
(11) "Political subdivision" means:
(a) a city[
,
] 
or
 town[
, or metro township
]; or
(b) a county, as it relates to the licensing and regulation of businesses in the
unincorporated area of the county.
(12) (a) "Temporary mass gathering" means:
(i) an actual or reasonably anticipated assembly of 500 or more people that continues,
or reasonably can be expected to continue, for two or more hours per day; or
(ii) an event that requires a more extensive review to protect public health and safety
because the event's nature or conditions have the potential of generating environmental or
health risks.
(b) "Temporary mass gathering" does not include an assembly of people at a location
with permanent facilities designed for that specific assembly, unless the assembly is a
temporary mass gathering described in Subsection (15)(a)(i).
Section 37. Section 
11-58-102
 is amended to read:
11-58-102.
Definitions.
As used in this chapter:
(1) "Authority" means the Utah Inland Port Authority, created in Section 
11-58-201
.
(2) "Authority jurisdictional land" means land within the authority boundary
delineated:
(a) in the electronic shapefile that is the electronic component of H.B. 2001, Utah
Inland Port Authority Amendments, 2018 Second Special Session; and
(b) beginning April 1, 2020, as provided in Subsection 
11-58-202
(3).
(3) "Base taxable value" means:
(a) (i) except as provided in Subsection (3)(a)(ii), for a project area that consists of the
authority jurisdictional land, the taxable value of authority jurisdictional land in calendar year
2018; and
(ii) for an area described in Section 
11-58-600.7
, the taxable value of that area in
calendar year 2017; or
(b) for a project area that consists of land outside the authority jurisdictional land, the
taxable value of property within any portion of a project area, as designated by board
resolution, from which the property tax differential will be collected, as shown upon the
assessment roll last equalized before the year in which the authority adopts a project area plan
for that area.
(4) "Board" means the authority's governing body, created in Section 
11-58-301
.
(5) "Business plan" means a plan designed to facilitate, encourage, and bring about
development of the authority jurisdictional land to achieve the goals and objectives described
in Subsection 
11-58-203
(1), including the development and establishment of an inland port.
(6) "Contaminated land" means land:
(a) within a project area; and
(b) that contains hazardous materials, as defined in Section 
19-6-302
, hazardous
substances, as defined in Section 
19-6-302
, or landfill material on, in, or under the land.
(7) "Development" means:
(a) the demolition, construction, reconstruction, modification, expansion, or
improvement of a building, utility, infrastructure, landscape, parking lot, park, trail,
recreational amenity, or other facility, including public infrastructure and improvements; and
(b) the planning of, arranging for, or participation in any of the activities listed in
Subsection (7)(a).
(8) "Development project" means a project for the development of land within a
project area.
(9) "Inland port" means one or more sites that:
(a) contain multimodal facilities, intermodal facilities, or other facilities that:
(i) are related but may be separately owned and managed; and
(ii) together are intended to:
(A) allow global trade to be processed and altered by value-added services as goods
move through the supply chain;
(B) provide a regional merging point for transportation modes for the distribution of
goods to and from ports and other locations in other regions;
(C) provide cargo-handling services to allow freight consolidation and distribution,
temporary storage, customs clearance, and connection between transport modes; and
(D) provide international logistics and distribution services, including freight
forwarding, customs brokerage, integrated logistics, and information systems; and
(b) may include a satellite customs clearance terminal, an intermodal facility, a
customs pre-clearance for international trade, or other facilities that facilitate, encourage, and
enhance regional, national, and international trade.
(10) "Inland port use" means a use of land:
(a) for an inland port;
(b) that directly implements or furthers the purposes of an inland port, as stated in
Subsection (9);
(c) that complements or supports the purposes of an inland port, as stated in Subsection
(9); or
(d) that depends upon the presence of the inland port for the viability of the use.
(11) "Intermodal facility" means a facility for transferring containerized cargo between
rail, truck, air, or other transportation modes.
(12) "Landfill material" means garbage, waste, debris, or other materials disposed of or
placed in a landfill.
(13) "Multimodal facility" means a hub or other facility for trade combining any
combination of rail, trucking, air cargo, and other transportation services.
(14) "Nonvoting member" means an individual appointed as a member of the board
under Subsection 
11-58-302
(3) who does not have the power to vote on matters of authority
business.
(15) "Project area" means:
(a) the authority jurisdictional land, subject to Section 
11-58-605
; or
(b) land outside the authority jurisdictional land, whether consisting of a single
contiguous area or multiple noncontiguous areas, described in a project area plan or draft
project area plan, where the development project set forth in the project area plan or draft
project area plan takes place or is proposed to take place.
(16) "Project area budget" means a multiyear projection of annual or cumulative
revenues and expenses and other fiscal matters pertaining to the project area.
(17) "Project area plan" means a written plan that, after its effective date, guides and
controls the development within a project area.
(18) "Property tax" includes a privilege tax and each levy on an ad valorem basis on
tangible or intangible personal or real property.
(19) "Property tax differential":
(a) means the difference between:
(i) the amount of property tax revenues generated each tax year by all taxing entities
from a project area, using the current assessed value of the property; and
(ii) the amount of property tax revenues that would be generated from that same area
using the base taxable value of the property; and
(b) does not include property tax revenue from:
(i) a county additional property tax or multicounty assessing and collecting levy
imposed in accordance with Section 
59-2-1602
;
(ii) a judgment levy imposed by a taxing entity under Section 
59-2-1328
 or 
59-2-1330
;
or
(iii) a levy imposed by a taxing entity under Section 
11-14-310
 to pay for a general
obligation bond.
(20) "Public entity" means:
(a) the state, including each department, division, or other agency of the state; or
(b) a county, city, town, [
metro township,
] school district, special district, special
service district, interlocal cooperation entity, community reinvestment agency, or other political
subdivision of the state, including the authority.
(21) (a) "Public infrastructure and improvements" means infrastructure, improvements,
facilities, or buildings that:
(i) (A) benefit the public and are owned by a public entity or a utility; or
(B) benefit the public and are publicly maintained or operated by a public entity; or
(ii) (A) are privately owned;
(B) benefit the public;
(C) as determined by the board, provide a substantial benefit to the development and
operation of a project area; and
(D) are built according to applicable county or municipal design and safety standards.
(b) "Public infrastructure and improvements" includes:
(i) facilities, lines, or systems that provide:
(A) water, chilled water, or steam; or
(B) sewer, storm drainage, natural gas, electricity, energy storage, renewable energy,
microgrids, or telecommunications service;
(ii) streets, roads, curb, gutter, sidewalk, walkways, solid waste facilities, parking
facilities, rail lines, intermodal facilities, multimodal facilities, and public transportation
facilities;
(iii) an inland port; and
(iv) infrastructure, improvements, facilities, or buildings that are developed as part of a
remediation project.
(22) "Remediation" includes:
(a) activities for the cleanup, rehabilitation, and development of contaminated land;
and
(b) acquiring an interest in land within a remediation project area.
(23) "Remediation differential" means property tax differential generated from a
remediation project area.
(24) "Remediation project" means a project for the remediation of contaminated land
that:
(a) is owned by:
(i) the state or a department, division, or other instrumentality of the state;
(ii) an independent entity, as defined in Section 
63E-1-102
; or
(iii) a political subdivision of the state; and
(b) became contaminated land before the owner described in Subsection (24)(a)
obtained ownership of the land.
(25) "Remediation project area" means a project area consisting of contaminated land
that is or is expected to become the subject of a remediation project.
(26) "Shapefile" means the digital vector storage format for storing geometric location
and associated attribute information.
(27) "Taxable value" means the value of property as shown on the last equalized
assessment roll.
(28) "Taxing entity":
(a) means a public entity that levies a tax on property within a project area; and
(b) does not include a public infrastructure district that the authority creates under Title
17D, Chapter 4, Public Infrastructure District Act.
(29) "Voting member" means an individual appointed or designated as a member of the
board under Subsection 
11-58-302
(2).
Section 38. Section 
11-58-205
 is amended to read:
11-58-205.
Applicability of other law -- Cooperation of state and local
governments -- Municipality to consider board input -- Prohibition relating to natural
resources -- Inland port as permitted or conditional use -- Municipal services --
Disclosure by nonauthority governing body member -- Services from state agencies --
Procurement policy.
(1) Except as otherwise provided in this chapter, the authority does not have and may
not exercise any powers relating to the regulation of land uses on the authority jurisdictional
land.
(2) 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.
(3) 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 board requests that is reasonably necessary to help
the authority fulfill its duties and responsibilities under this chapter.
(4) In making decisions affecting the authority jurisdictional land, the legislative body
of a municipality in which the authority jurisdictional land is located shall consider input from
the authority board.
(5) (a) No later than December 31, 2018, the ordinances of a municipality with
authority jurisdictional land within its boundary shall allow an inland port as a permitted or
conditional use, subject to standards that are:
(i) determined by the municipality; and
(ii) consistent with the policies and objectives stated in Subsection 
11-58-203
(1).
(b) A municipality whose ordinances do not comply with Subsection (5)(a) within the
time prescribed in that subsection shall allow an inland port as a permitted use without regard
to any contrary provision in the municipality's land use ordinances.
(6) The transporting, unloading, loading, transfer, or temporary storage of natural
resources may not be prohibited on the authority jurisdictional land.
(7) (a) A municipality whose boundary includes authority jurisdictional land shall
provide the same municipal services to the area of the municipality that is within the authority
jurisdictional land as the municipality provides to other areas of the municipality with similar
zoning and a similar development level.
(b) The level and quality of municipal services that a municipality provides within
authority jurisdictional land shall be fairly and reasonably consistent with the level and quality
of municipal services that the municipality provides to other areas of the municipality with
similar zoning and a similar development level.
(8) (a) As used in this Subsection (8):
(i) "Direct financial benefit" means the same as that term is defined in Section
11-58-304
.
(ii) "Nonauthority governing body member" means a member of the board or other
body that has authority to make decisions for a nonauthority government owner.
(iii) "Nonauthority government owner" mean a state agency or nonauthority local
government entity that owns land that is part of the authority jurisdictional land.
(iv) "Nonauthority local government entity":
(A) means a county, city, town, [
metro township,
] special district, special service
district, community reinvestment agency, or other political subdivision of the state; and
(B) excludes the authority.
(v) "State agency" means a department, division, or other agency or instrumentality of
the state, including an independent state agency.
(b) A nonauthority governing body member who owns or has a financial interest in
land that is part of the authority jurisdictional land or who reasonably expects to receive a
direct financial benefit from development of authority jurisdictional land shall submit a written
disclosure to the authority board and the nonauthority government owner.
(c) A written disclosure under Subsection (8)(b) shall describe, as applicable:
(i) the nonauthority governing body member's ownership or financial interest in
property that is part of the authority jurisdictional land; and
(ii) the direct financial benefit the nonauthority governing body member expects to
receive from development of authority jurisdictional land.
(d) A nonauthority governing body member required under Subsection (8)(b) to submit
a written disclosure shall submit the disclosure no later than 30 days after:
(i) the nonauthority governing body member:
(A) acquires an ownership or financial interest in property that is part of the authority
jurisdictional land; or
(B) first knows that the nonauthority governing body member expects to receive a
direct financial benefit from the development of authority jurisdictional land; or
(ii) the effective date of this Subsection (8), if that date is later than the period
described in Subsection (8)(d)(i).
(e) A written disclosure submitted under this Subsection (8) is a public record.
(9) (a) The authority may request and, upon request, shall receive:
(i) fuel dispensing and motor pool services provided by the Division of Fleet
Operations;
(ii) surplus property services provided by the Division of Purchasing and General
Services;
(iii) information technology services provided by the Division of Technology Services;
(iv) archive services provided by the Division of Archives and Records Service;
(v) financial services provided by the Division of Finance;
(vi) human resources services provided by the Division of Human Resource
Management;
(vii) legal services provided by the Office of the Attorney General; and
(viii) banking services provided by the Office of the State Treasurer.
(b) Nothing in Subsection (9)(a) may be construed to relieve the authority of the
obligation to pay the applicable fee for the service provided.
(10) (a) To govern authority procurements, the board shall adopt a procurement policy
that the board determines to be substantially consistent with applicable provisions of Title 63G,
Chapter 6a, Utah Procurement Code.
(b) The board may delegate to the executive director the responsibility to adopt a
procurement policy.
(c) The board's determination under Subsection (10)(a) of substantial consistency is
final and conclusive.
Section 39. Section 
11-59-102
 is amended to read:
11-59-102.
Definitions.
As used in this chapter:
(1) "Authority" means the Point of the Mountain State Land Authority, created in
Section 
11-59-201
.
(2) "Board" means the authority's board, created in Section 
11-59-301
.
(3) "Development":
(a) means the construction, reconstruction, modification, expansion, or improvement of
a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or
other facility, including:
(i) the demolition or preservation or repurposing of a building, infrastructure, or other
facility;
(ii) surveying, testing, locating existing utilities and other infrastructure, and other
preliminary site work; and
(iii) any associated planning, design, engineering, and related activities; and
(b) includes all activities associated with:
(i) marketing and business recruiting activities and efforts;
(ii) leasing, or selling or otherwise disposing of, all or any part of the point of the
mountain state land; and
(iii) planning and funding for mass transit infrastructure to service the point of the
mountain state land.
(4) "Facilities division" means the Division of Facilities Construction and
Management, created in Section 
63A-5b-301
.
(5) "New correctional facility" means the state correctional facility being developed in
Salt Lake City to replace the state correctional facility in Draper.
(6) "Point of the mountain state land" means the approximately 700 acres of
state-owned land in Draper, including land used for the operation of a state correctional facility
until completion of the new correctional facility and state-owned land in the vicinity of the
current state correctional facility.
(7) "Public entity" means:
(a) the state, including each department, division, or other agency of the state; or
(b) a county, city, town, [
metro township,
] school district, special district, special
service district, interlocal cooperation entity, community reinvestment agency, or other political
subdivision of the state, including the authority.
(8) "Publicly owned infrastructure and improvements":
(a) means infrastructure, improvements, facilities, or buildings that:
(i) benefit the public; and
(ii) (A) are owned by a public entity or a utility; or
(B) are publicly maintained or operated by a public entity; and
(b) includes:
(i) facilities, lines, or systems that provide:
(A) water, chilled water, or steam; or
(B) sewer, storm drainage, natural gas, electricity, energy storage, renewable energy,
microgrids, or telecommunications service;
(ii) streets, roads, curb, gutter, sidewalk, walkways, solid waste facilities, parking
facilities, and public transportation facilities; and
(iii) greenspace, parks, trails, recreational amenities, or other similar facilities.
(9) "Taxing entity" means the same as that term is defined in Section 
59-2-102
.
Section 40. Section 
11-61-102
 is amended to read:
11-61-102.
Definitions.
As used in this chapter:
(1) "Expressive activity" means:
(a) peacefully assembling, protesting, or speaking;
(b) distributing literature;
(c) carrying a sign; or
(d) signature gathering or circulating a petition.
(2) "Generally applicable time, place, and manner restriction" means a content-neutral
ordinance, policy, practice, or other action that:
(a) by its clear language and intent, restricts or infringes on expressive activity;
(b) applies generally to any person; and
(c) is not an individually applicable time, place, and manner restriction.
(3) (a) "Individually applicable time, place, and manner restriction" means a
content-neutral policy, practice, or other action:
(i) that restricts or infringes on expressive activity; and
(ii) that a political subdivision applies:
(A) on a case-by-case basis;
(B) to a specifically identified person or group of persons; and
(C) regarding a specifically identified place and time.
(b) "Individually applicable time, place, and manner restriction" includes a restriction
placed on expressive activity as a condition to obtain a permit.
(4) (a) "Political subdivision" means a county, city, 
or
 town[
, or metro township
].
(b) "Political subdivision" does not mean:
(i) a special district under Title 17B, Limited Purpose Local Government Entities -
Special Districts;
(ii) a special service district under Title 17D, Chapter 1, Special Service District Act;
or
(iii) a school district under Title 53G, Chapter 3, School District Creation and Change.
(5) (a) "Public building" means a building or permanent structure that is:
(i) owned, leased, or occupied by a political subdivision or a subunit of a political
subdivision;
(ii) open to public access in whole or in part; and
(iii) used for public education or political subdivision activities.
(b) "Public building" does not mean:
(i) a building owned or leased by a political subdivision or a subunit of a political
subdivision:
(A) that is closed to public access;
(B) where state or federal law restricts expressive activity; or
(C) when the building is used by a person, in whole or in part, for a private function; or
(ii) a public school.
(6) (a) "Public grounds" means the area outside a public building that is a traditional
public forum where members of the public may safely gather to engage in expressive activity.
(b) "Public grounds" includes sidewalks, streets, and parks.
(c) "Public grounds" does not include the interior of a public building.
Section 41. Section 
11-63-102
 is amended to read:
11-63-102.
Definitions.
As used in this chapter:
(1) "Commercial trampoline" means a device that:
(a) incorporates a trampoline bed; and
(b) is used for recreational jumping, springing, bouncing, acrobatics, or gymnastics in a
trampoline park.
(2) "Emergency response plan" means a written plan of action for the reasonable and
appropriate contact, deployment, and coordination of services, agencies, and personnel to
provide the earliest possible response to an injury or emergency.
(3) "Inherent risk" means a danger or condition that is an integral part of an activity
occurring at a trampoline park.
(4) "Inspection" means a procedure that an inspector conducts to:
(a) determine whether a trampoline park facility, including any device or material, is
constructed, assembled, maintained, tested, and operated in accordance with this chapter and
the manufacturer's recommendations;
(b) determine the operational safety of a trampoline park facility, including any device
or material; and
(c) determine whether the trampoline park's policies and procedures comply with this
chapter.
(5) "Inspector" means an individual who:
(a) conducts an inspection of a trampoline park to certify compliance with this chapter
and industry safety standards; and
(b) (i) is certified by:
(A) an organization that develops and publishes consensus standards for a wide range
of materials, products, systems, and services that are used for trampolines; or
(B) an organization that promotes trampoline park safety and adopts the standards
described in Subsection (5)(b)(i)(A);
(ii) represents the insurer of the trampoline park;
(iii) represents or is certified by a department or agency, regardless of whether the
agency is located within the state, that:
(A) inspects amusement and recreational facilities and equipment; and
(B) certifies and trains professional private industry inspectors through written testing
and continuing education requirements; or
(iv) represents an organization that the United States Olympic Committee designates as
the national governing body for gymnastics.
(6) "Local regulating authority" means the business licensing division of:
(a) the city[
,
] 
or
 town[
, or metro township
] in which the trampoline park is located; or
(b) if the trampoline park is located in an unincorporated area, the county.
(7) "Operator" means a person who owns, manages, or controls or who has the duty to
manage or control the operation of a trampoline park.
(8) "Participant" means an individual that uses trampoline park equipment.
(9) "Trampoline bed" means the flexible surface of a trampoline on which a user jumps
or bounces.
(10) "Trampoline court" means an area of a trampoline park comprising:
(a) multiple commercial trampolines; or
(b) at least one commercial trampoline and at least one associated foam or inflatable
bag pit.
(11) "Trampoline park" means a place of business that offers the recreational use of a
trampoline court for a fee.
Section 42. Section 
11-65-101
 is amended to read:
11-65-101.
Definitions.
As used in this chapter:
(1) "Adjacent political subdivision" means a political subdivision of the state with a
boundary that abuts the lake authority boundary or includes lake authority land.
(2) "Board" means the lake authority's governing body, created in Section 
11-65-301
.
(3) "Lake authority" means the Utah Lake Authority, created in Section 
11-65-201
.
(4) "Lake authority boundary" means the boundary:
(a) defined by recorded boundary settlement agreements between private landowners
and the Division of Forestry, Fire, and State Lands; and
(b) that separates privately owned land from Utah Lake sovereign land.
(5) "Lake authority land" means land on the lake side of the lake authority boundary.
(6) "Management" means work to coordinate and facilitate the improvement of Utah
Lake, including work to enhance the long-term viability and health of Utah Lake and to
produce economic, aesthetic, recreational, environmental, and other benefits for the state,
consistent with the strategies, policies, and objectives described in this chapter.
(7) "Management plan" means a plan to conceptualize, design, facilitate, coordinate,
encourage, and bring about the management of the lake authority land to achieve the policies
and objectives described in Section 
11-65-203
.
(8) "Nonvoting member" means an individual appointed as a member of the board
under Subsection 
11-65-302
(6) who does not have the power to vote on matters of lake
authority business.
(9) "Project area" means an area that is identified in a project area plan as the area
where the management described in the project area plan will occur.
(10) "Project area budget" means a multiyear projection of annual or cumulative
revenues and expenses and other fiscal matters pertaining to a project area.
(11) "Project area plan" means a written plan that, after the plan's effective date,
manages activity within a project area within the scope of a management plan.
(12) "Public entity" means:
(a) the state, including each department, division, or other agency of the state; or
(b) a county, city, town, [
metro township,
] school district, special district, special
service district, interlocal cooperation entity, community reinvestment agency, or other political
subdivision of the state.
(13) "Publicly owned infrastructure and improvements":
(a) means infrastructure, improvements, facilities, or buildings that:
(i) benefit the public; and
(ii) (A) are owned by a public entity or a utility; or
(B) are publicly maintained or operated by a public entity;
(b) includes:
(i) facilities, lines, or systems that provide:
(A) water, chilled water, or steam; or
(B) sewer, storm drainage, natural gas, electricity, energy storage, renewable energy,
microgrids, or telecommunications service; and
(ii) streets, roads, curbs, gutters, sidewalks, walkways, solid waste facilities, parking
facilities, and public transportation facilities.
(14) "Sovereign land" means land:
(a) lying below the ordinary high water mark of a navigable body of water at the date
of statehood; and
(b) owned by the state by virtue of the state's sovereignty.
(15) "Utah Lake" includes all waters of Utah Lake and all land, whether or not
submerged under water, within the lake authority boundary.
(16) "Voting member" means an individual appointed as a member of the board under
Subsection 
11-65-302
(2).
Section 43. Section 
11-66-101
 is amended to read:
11-66-101.
Limits on regulation of all-terrain vehicles.
(1) As used in this chapter:
(a) "Political subdivision" means:
(i) a city[
,
] 
or
 town[
, or metro township
]; or
(ii) a county, as it relates to the licensing and regulation of businesses in the
unincorporated area of the county.
(b) "Street-legal ATV" means any all-terrain type vehicle that meets the requirements,
including the registration, inspection, and license plate requirements, of being a street-legal
ATV as described in Section 
41-6a-1509
.
(2) For any business, including a business that rents one or more street-legal ATVs, a
political subdivision may not as a condition of the business obtaining or maintaining a business
license or permit:
(a) require any additional inspection, registration, or license plate requirements,
including requiring any additional sticker or other identifying mark, for any street-legal ATV
owned or rented by the business;
(b) require any equipment modifications of a street-legal ATV owned or rented by the
business; or
(c) limit the amount of street-legal ATVs owned or rented by the business.
(3) A political subdivision may not revoke or fail to renew a business license or permit
of a business based on the violation of a traffic ordinance or other local ordinance by any
customer of the business operating a street-legal ATV.
(4) A political subdivision may not enact or enforce an unreasonable noise ordinance
that imposes a fine or other penalty for the operation of a street-legal ATV.
Section 44. Section 
15A-5-202.5
 is amended to read:
15A-5-202.5.
Amendments and additions to Chapters 3 and 4 of IFC.
(1) For IFC, Chapter 3, General Requirements:
(a) IFC, Chapter 3, Section 304.1.2, Vegetation, is amended as follows: Delete line six
and replace it with: "Utah Administrative Code, R652-122-1300, Minimum Standards for
County Wildland Fire Ordinance".
(b) IFC, Chapter 3, Section 310.8, Hazardous environmental conditions, is deleted and
rewritten as follows: "1. When the fire code official determines that existing or historical
hazardous environmental conditions necessitate controlled use of any ignition source, including
fireworks, lighters, matches, sky lanterns, and smoking materials, any of the following may
occur:
1.1. If the existing or historical hazardous environmental conditions exist in a
municipality, the legislative body of the municipality may prohibit the ignition or use of an
ignition source in:
1.1.1. mountainous, brush-covered, forest-covered, or dry grass-covered areas;
1.1.2. within 200 feet of waterways, trails, canyons, washes, ravines, or similar areas;
1.1.3. the wildland urban interface area, which means the line, area, or zone where
structures or other human development meet or intermingle with undeveloped wildland or land
being used for an agricultural purpose; or
1.1.4. a limited area outside the hazardous areas described in this paragraph 1.1 to
facilitate a readily identifiable closed area, in accordance with paragraph 2.
1.2. If the existing or historical hazardous environmental conditions exist in an
unincorporated area, the state forester may prohibit the ignition or use of an ignition source in
all or part of the areas described in paragraph 1.1 that are within the unincorporated area, after
consulting with the county fire code official who has jurisdiction over that area.
[
1.3. If the existing or historical hazardous environmental conditions exist in a metro
township created under Title 10, Chapter 2a, Part 4, Incorporation of Metro Townships and
Unincorporated Islands in a County of the First Class on and after May 12, 2015, the metro
township legislative body may prohibit the ignition or use of an ignition source in all or part of
the areas described in paragraph 1.1 that are within the township.
]
2. If a municipal legislative body[
,
] 
or
 the state forester[
, or a metro township
legislative body
] closes an area to the discharge of fireworks under paragraph 1, the legislative
body or state forester shall:
2.1. designate the closed area along readily identifiable features like major roadways,
waterways, or geographic features;
2.2. ensure that the boundary of the designated closed area is as close as is practical to
the defined hazardous area, provided that the closed area may include areas outside of the
hazardous area to facilitate a readily identifiable line; and
2.3. identify the closed area through a written description or map that is readily
available to the public.
3. A municipal legislative body[
,
] 
or
 the state forester[
, or a metro township legislative
body
] may close a defined area to the discharge of fireworks due to a historical hazardous
environmental condition under paragraph 1 if the legislative body or state forester:
3.1. makes a finding that the historical hazardous environmental condition has existed
in the defined area before July 1 of at least two of the preceding five years;
3.2. produces a map indicating the boundaries, in accordance with paragraph 2, of the
defined area described; and
3.3. before May 1 of each year the defined area is closed, provides the map described
in paragraph 3.2 to the county in which the defined area is located.
4. A municipal legislative body[
,
] 
or
 the state forester[
, or a metro township legislative
body
] may not close an area to the discharge of fireworks due to a historical hazardous
environmental condition unless the legislative body or state forester provides a map, in
accordance with paragraph 3."
(c) IFC, Chapter 3, Section 311.1.1, Abandoned premises, is amended as follows: On
line 10 delete the words "International Property Maintenance Code and the".
(d) IFC, Chapter 3, Section 311.5, Placards, is amended as follows: On line three delete
the word "shall" and replace it with the word "may".
(2) IFC, Chapter 4, Emergency Planning and Preparedness:
(a) In IFC, Chapter 4, the following new Sections are added:
"401.3.1.1 Special Education Classrooms. Special education classrooms may shelter in
place, or delay evacuation when all of the following conditions are met:
401.3.1.1.1 There is no visible flame or evidence of products of combustion (smoke).
401.3.1.1.2 The building is completely protected by an approved fire sprinkler system.
401.3.1.1.3 The building is completely protected by an approved fire alarm system.
401.3.1.1.4 The classroom has a minimum of one approved exit that discharges
directly to the exterior.
401.3.1.1.5 The classroom has been approved to shelter in place by the fire code
official."
(b) In IFC, Chapter 4, Section 401.3.3, Delayed notification, a new exception is added:
"Exception: Group E Occupancies. Teachers may delay evacuation upon fire alarm
activation for up to 60 seconds when all of the following conditions are met:
A. There is no visible flame or evidence of products of combustion (smoke).
B. The building is protected throughout by an approved fire sprinkler system.
C. The building is protected throughout by an approved fire alarm system.
D. Students are in the safe zone of the room lined up and prepared for immediate
evacuation."
(c) IFC, Chapter 4, Section 403.9.2.1, College and university buildings, is deleted and
replaced with the following:
"403.9.2.1 College and university buildings and fraternity and sorority houses.
(i) College and university buildings, including fraternity and sorority houses, shall
prepare an approved fire safety and evacuation plan, in accordance with Section 404.
(ii) Group R-2 college and university buildings, including fraternity and sorority
houses, shall comply with Sections 403.9.2.1.1 and 403.9.2.1.2."
(d) IFC, Chapter 4, Section 405.3, Table 405.3, is amended to add the following
footnotes:
(i) "c. Secondary schools in Group E occupancies shall have an emergency evacuation
drill conducted at least every two months, to a total of four emergency evacuation drills during
the nine-month school year. The first emergency evacuation drill shall be conducted within 10
school days after the beginning of classes. The third emergency evacuation drill, weather
permitting, shall be conducted 10 school days after the beginning of the next calendar year. The
second and fourth emergency evacuation drills may be substituted by a security or safety drill
to include shelter in place, earthquake drill, or lock down for violence. If inclement weather
causes a secondary school to miss the 10-day deadline for the third emergency evacuation drill,
the secondary school shall perform the third emergency evacuation drill as soon as practicable
after the missed deadline."
(ii) "d. In Group E occupancies, excluding secondary schools, if the AHJ approves, the
monthly required emergency evacuation drill can be substituted by a security or safety drill to
include shelter in place, earthquake drill, or lock down for violence. The routine emergency
evacuation drill must be conducted at least every other drill."
(iii) "e. A-3 occupancies in academic buildings of institutions of higher learning are
required to have one emergency evacuation drill per year, provided the following conditions are
met:
(A) The building has a fire alarm system in accordance with Section 907.2.
(B) The rooms classified as assembly shall have fire safety floor plans as required in
Subsection 404.2.2(4) posted.
(C) The building is not classified a high-rise building.
(D) The building does not contain hazardous materials over the allowable quantities by
code."
Section 45. Section 
17-2-209
 is amended to read:
17-2-209.
Minor adjustments to county boundaries authorized -- Public hearing
-- Joint resolution of county legislative bodies -- Notice and plat to lieutenant governor --
Recording requirements -- Effective date.
(1) (a) Counties sharing a common boundary may, in accordance with the provisions of
Subsection (2) and Article XI, Section 3, of the Utah Constitution and for purposes of real
property tax assessment and county record keeping, adjust all or part of the common boundary
to move it, subject to Subsection (1)(b), a sufficient distance to reach to, and correspond with,
the closest existing property boundary of record.
(b) A boundary adjustment under Subsection (1)(a) may not create a boundary line that
divides or splits:
(i) an existing parcel;
(ii) an interest in the property; or
(iii) a claim of record in the office of recorder of either county sharing the common
boundary.
(2) The legislative bodies of both counties desiring to adjust a common boundary in
accordance with Subsection (1) shall:
(a) hold a joint public hearing on the proposed boundary adjustment;
(b) at least seven days before the public hearing described in Subsection (2)(a), provide
written notice of the proposed adjustment to:
(i) each owner of real property whose property, or a portion of whose property, may
change counties as the result of the proposed adjustment; and
(ii) any of the following whose territory, or a portion of whose territory, may change
counties as the result of the proposed boundary adjustment, or whose boundary is aligned with
any portion of the existing county boundary that is being proposed for adjustment:
(A) a city;
(B) a town;
[
(C) a metro township;
]
[
(D)
] 
(C)
 a school district;
[
(E)
] 
(D)
 a special district governed by Title 17B, Limited Purpose Local Government
Entities - Special Districts;
[
(F)
] 
(E)
 a special service district governed by Title 17D, Chapter 1, Special Service
District Act;
[
(G)
] 
(F)
 an interlocal entity governed by Title 11, Chapter 13, Interlocal Cooperation
Act;
[
(H)
] 
(G)
 a community reinvestment agency governed by Title 17C, Limited Purpose
Local Government Entities - Community Reinvestment Agency Act;
[
(I)
] 
(H)
 a local building authority governed by Title 17D, Chapter 2, Local Building
Authority Act; and
[
(J)
] 
(I)
 a conservation district governed by Title 17D, Chapter 3, Conservation District
Act; and
(c) adopt a joint resolution approved by both county legislative bodies approving the
proposed boundary adjustment.
(3) The legislative bodies of both counties adopting a joint resolution under Subsection
(2)(c) shall:
(a) within 15 days after adopting the joint resolution, jointly send to the lieutenant
governor:
(i) a copy of a notice of an impending boundary action, as defined in Section 
67-1a-6.5
,
that meets the requirements of Subsection 
67-1a-6.5
(3); and
(ii) a copy of an approved final local entity plat, as defined in Section 
67-1a-6.5
; and
(b) upon the lieutenant governor's issuance of a certificate of boundary adjustment
under Section 
67-1a-6.5
, jointly submit to the recorder of the county in which the property is
located after the boundary adjustment:
(i) the original notice of an impending boundary action;
(ii) the original certificate of boundary adjustment;
(iii) the original approved final local entity plat; and
(iv) a certified copy of the joint resolution approving the boundary adjustment.
(4) (a) As used in this Subsection (4):
(i) "Affected area" means an area that, as a result of a boundary adjustment under this
section, is moved from within the boundary of one county to within the boundary of another
county.
(ii) "Receiving county" means a county whose boundary includes an affected area as a
result of a boundary adjustment under this section.
(b) A boundary adjustment under this section takes effect on the date the lieutenant
governor issues a certificate of boundary adjustment under Section 
67-1a-6.5
.
(c) (i) The effective date of a boundary adjustment for purposes of assessing property
within an affected area is governed by Section 
59-2-305.5
.
(ii) Until the documents listed in Subsection (3)(b) are recorded in the office of the
recorder of the county in which the property is located, a receiving county may not:
(A) levy or collect a property tax on property within an affected area;
(B) levy or collect an assessment on property within an affected area; or
(C) charge or collect a fee for service provided to property within an affected area.
(5) Upon the effective date of a boundary adjustment under this section:
(a) all territory designated to be adjusted into another county becomes the territory of
the other county; and
(b) the provisions of Sections 
17-2-207
 and 
17-2-208
 apply in the same manner as with
an annexation under this part.
Section 46. Section 
17-23-17
 is amended to read:
17-23-17.
Map of boundary survey -- Procedure for filing -- Contents -- Marking
of monuments -- Record of corner changes -- Penalties.
(1) As used in this section:
(a) "Land surveyor" means a surveyor who is licensed to practice land surveying in this
state in accordance with Title 58, Chapter 22, Professional Engineers and Professional Land
Surveyors Licensing Act.
(b) [
(i)
] "Township" means a term used in the context of identifying a geographic area
in common surveyor practice.
[
(ii) "Township" does not mean a metro township as that term is defined in Section
10-2a-403
.
]
(2) (a) (i) Each land surveyor making a boundary survey of lands within this state to
establish or reestablish a boundary line or to obtain data for constructing a map or plat showing
a boundary line shall file a map of the survey that meets the requirements of this section with
the county surveyor or designated office within 90 days of the establishment or reestablishment
of a boundary.
(ii) A land surveyor who fails to file a map of the survey as required by Subsection
(2)(a)(i) is guilty of an infraction.
(iii) Each failure to file a map of the survey as required by Subsection (2)(a)(i) is a
separate violation.
(b) The county surveyor or designated office shall file and index the map of the survey.
(c) The map shall be a public record in the office of the county surveyor or designated
office.
(3) This type of map shall show:
(a) the location of survey by quarter section and township and range;
(b) the date of survey;
(c) the scale of drawing and north point;
(d) the distance and course of all lines traced or established, giving the basis of bearing
and the distance and course to two or more section corners or quarter corners, including
township and range, or to identified monuments within a recorded subdivision;
(e) all measured bearings, angles, and distances separately indicated from those of
record;
(f) a written boundary description of property surveyed;
(g) all monuments set and their relation to older monuments found;
(h) a detailed description of monuments found and monuments set, indicated
separately;
(i) the surveyor's seal or stamp; and
(j) the surveyor's business name and address.
(4) (a) The map shall contain a written narrative that explains and identifies:
(i) the purpose of the survey;
(ii) the basis on which the lines were established; and
(iii) the found monuments and deed elements that controlled the established or
reestablished lines.
(b) If the narrative is a separate document, it shall contain:
(i) the location of the survey by quarter section and by township and range;
(ii) the date of the survey;
(iii) the surveyor's stamp or seal; and
(iv) the surveyor's business name and address.
(c) The map and narrative shall be referenced to each other if they are separate
documents.
(5) The map and narrative shall be created on material of a permanent nature on stable
base reproducible material in the sizes required by the county surveyor.
(6) (a) Any monument set by a licensed professional land surveyor to mark or reference
a point on a property or land line shall be durably and visibly marked or tagged with the
registered business name or the letters "L.S." followed by the registration number of the
surveyor in charge.
(b) If the monument is set by a licensed land surveyor who is a public officer, it shall
be marked with the official title of the office.
(7) (a) If, in the performance of a survey, a surveyor finds or makes any changes to the
section corner or quarter-section corner, or their accessories, the surveyor shall complete and
submit to the county surveyor or designated office a record of the changes made.
(b) The record shall be submitted within 45 days of the corner visits and shall include
the surveyor's seal, business name, and address.
(8) The Utah State Board of Engineers and Land Surveyors Examiners may revoke the
license of any land surveyor who fails to comply with the requirements of this section,
according to the procedures set forth in Title 58, Chapter 1, Division of Professional Licensing
Act.
(9) Each federal or state agency, board, or commission, special district, special service
district, or municipal corporation that makes a boundary survey of lands within this state shall
comply with this section.
Section 47. Section 
17-23-17.5
 is amended to read:
17-23-17.5.
Corner perpetuation and filing -- Definitions -- Establishment of
corner file -- Preservation of map records -- Filing fees -- Exemptions.
(1) As used in this section:
(a) "Accessory to a corner" means any exclusively identifiable physical object whose
spatial relationship to the corner is recorded. Accessories may be bearing trees, bearing
objects, monuments, reference monuments, line trees, pits, mounds, charcoal-filled bottles,
steel or wooden stakes, or other objects.
(b) "Corner," unless otherwise qualified, means a property corner, a property
controlling corner, a public land survey corner, or any combination of these.
(c) "Geographic coordinates" means mathematical values that designate a position on
the earth relative to a given reference system. Coordinates shall be established pursuant to
Title 57, Chapter 10, Utah Coordinate System.
(d) "Land surveyor" means a surveyor who is licensed to practice land surveying in this
state in accordance with Title 58, Chapter 22, Professional Engineers and Professional Land
Surveyors Licensing Act.
(e) "Monument" means an accessory that is presumed to occupy the exact position of a
corner.
(f) "Property controlling corner" means a public land survey corner or any property
corner which does not lie on a property line of the property in question, but which controls the
location of one or more of the property corners of the property in question.
(g) "Property corner" means a geographic point of known geographic coordinates on
the surface of the earth, and is on, a part of, and controls a property line.
(h) "Public land survey corner" means any corner actually established and monumented
in an original survey or resurvey used as a basis of legal descriptions for issuing a patent for the
land to a private person from the United States government.
(i) "Reference monument" means a special monument that does not occupy the same
geographical position as the corner itself, but whose spatial relationship to the corner is
recorded and which serves to witness the corner.
(j) [
(i)
] "Township" means a term used in the context of identifying a geographic area
in common surveyor practice.
[
(ii) "Township" does not mean a metro township as that term is defined in Section
10-2a-403
.
]
(2) (a) Any land surveyor making a boundary survey of lands within this state and
utilizing a corner shall, within 90 days, complete, sign, and file with the county surveyor of the
county where the corner is situated, a written record to be known as a corner file for every
public land survey corner and accessory to the corner which is used as control in any survey by
the surveyor, unless the corner and its accessories are already a matter of record in the county.
(b) Where reasonably possible, the corner file shall include the geographic coordinates
of the corner.
(c) A surveyor may file a corner record as to any property corner, reference monument,
or accessory to a corner.
(d) Corner records may be filed concerning corners used before the effective date of
this section.
(3) The county surveyor of the county containing the corners shall have on record as
part of the official files maps of each township within the county, the bearings and lengths of
the connecting lines to government corners, and government corners looked for and not found.
(4) The county surveyor shall make these records available for public inspection at the
county facilities during normal business hours.
(5) Filing fees for corner records shall be established by the county legislative body
consistent with existing fees for similar services. All corners, monuments, and their
accessories used prior to the effective date of this section shall be accepted and filed with the
county surveyor without requiring the payment of the fees.
(6) When a corner record of a public land survey corner is required to be filed under
the provisions of this section and the monument needs to be reconstructed or rehabilitated, the
land surveyor shall contact the county surveyor in accordance with Section 
17-23-14
.
(7) A corner record may not be filed unless it is signed by a land surveyor.
(8) All filings relative to official cadastral surveys of the Bureau of Land Management
of the United States of America performed by authorized personnel shall be exempt from filing
fees.
Section 48. Section 
17-36-29
 is amended to read:
17-36-29.
Special fund ceases -- Transfer.
(1) (a) Except as provided in Subsection (1)(b), if a county legislative body determines
that the purpose no longer exists for which the legislative body created a special fund or any
portion of the special fund, the legislative body may authorize the transfer of the remaining
balance or a portion of the remaining balance to the fund balance account in the county general
fund.
(b) The legislative body may redistribute the remaining balance or a portion of the
remaining balance described in Subsection (1)(a) in accordance with Subsection (1)(c) if:
(i) the county levied the fund primarily on property in the unincorporated areas of the
county;
(ii) the county established a municipal services fund to provide municipal services
under Sections 
17-34-1
 and 
17-36-9
; and
(iii) the area from which the county levied the fund has since incorporated as a city[
,
]
or
 town[
, or metro township
].
(c) The legislative body of a county described in Subsection (1)(b) may set aside the
remaining balance or a portion of the remaining balance described in Subsection (1)(a) in a
fund from which the county may make disbursements to support and benefit the area and the
residents in the area from which the county originally derived the special fund.
(2) Any balance which remains in a special assessment fund and any unrequired
balance in a special improvement guaranty fund shall be treated as provided in Subsection
11-42-701
(5).
(3) Any balance which remains in a capital projects fund shall be transferred to the
appropriate debt service fund or such other fund as the bond ordinance requires or to the county
general fund balance account.
Section 49. Section 
17B-1-102
 is amended to read:
17B-1-102.
Definitions.
As used in this title:
(1) "Appointing authority" means the person or body authorized to make an
appointment to the board of trustees.
(2) "Basic special district":
(a) means a special district that is not a specialized special district; and
(b) includes an entity that was, under the law in effect before April 30, 2007, created
and operated as a special district, as defined under the law in effect before April 30, 2007.
(3) "Bond" means:
(a) a written obligation to repay borrowed money, whether denominated a bond, note,
warrant, certificate of indebtedness, or otherwise; and
(b) a lease agreement, installment purchase agreement, or other agreement that:
(i) includes an obligation by the district to pay money; and
(ii) the district's board of trustees, in its discretion, treats as a bond for purposes of Title
11, Chapter 14, Local Government Bonding Act, or Title 11, Chapter 27, Utah Refunding Bond
Act.
(4) "Cemetery maintenance district" means a special district that operates under and is
subject to the provisions of this chapter and Chapter 2a, Part1, Cemetery Maintenance District
Act, including an entity that was created and operated as a cemetery maintenance district under
the law in effect before April 30, 2007.
(5) "Drainage district" means a special district that operates under and is subject to the
provisions of this chapter and Chapter 2a, Part 2, Drainage District Act, including an entity that
was created and operated as a drainage district under the law in effect before April 30, 2007.
(6) "Facility" or "facilities" includes any structure, building, system, land, water right,
water, or other real or personal property required to provide a service that a special district is
authorized to provide, including any related or appurtenant easement or right-of-way,
improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing.
(7) "Fire protection district" means a special district that operates under and is subject
to the provisions of this chapter and Chapter 2a, Part 3, Fire Protection District Act, including
an entity that was created and operated as a fire protection district under the law in effect before
April 30, 2007.
(8) "General obligation bond":
(a) means a bond that is directly payable from and secured by ad valorem property
taxes that are:
(i) levied:
(A) by the district that issues the bond; and
(B) on taxable property within the district; and
(ii) in excess of the ad valorem property taxes of the district for the current fiscal year;
and
(b) does not include:
(i) a short-term bond;
(ii) a tax and revenue anticipation bond; or
(iii) a special assessment bond.
(9) "Improvement assurance" means a surety bond, letter of credit, cash, or other
security:
(a) to guarantee the proper completion of an improvement;
(b) that is required before a special district may provide a service requested by a
service applicant; and
(c) that is offered to a special district to induce the special district before construction
of an improvement begins to:
(i) provide the requested service; or
(ii) commit to provide the requested service.
(10) "Improvement assurance warranty" means a promise that the materials and
workmanship of an improvement:
(a) comply with standards adopted by a special district; and
(b) will not fail in any material respect within an agreed warranty period.
(11) "Improvement district" means a special district that operates under and is subject
to the provisions of this chapter and Chapter 2a, Part 4, Improvement District Act, including an
entity that was created and operated as a county improvement district under the law in effect
before April 30, 2007.
(12) "Irrigation district" means a special district that operates under and is subject to
the provisions of this chapter and Chapter 2a, Part5, Irrigation District Act, including an entity
that was created and operated as an irrigation district under the law in effect before April 30,
2007.
(13) "Metropolitan water district" means a special district that operates under and is
subject to the provisions of this chapter and Chapter 2a, Part 6, Metropolitan Water District
Act, including an entity that was created and operated as a metropolitan water district under the
law in effect before April 30, 2007.
(14) "Mosquito abatement district" means a special district that operates under and is
subject to the provisions of this chapter and Chapter 2a, Part 7, Mosquito Abatement District
Act, including an entity that was created and operated as a mosquito abatement district under
the law in effect before April 30, 2007.
(15) "Municipal" means of or relating to a municipality.
(16) "Municipality" means a city[
,
] 
or
 town[
, or metro township
].
(17) "Municipal services district" means a special district that operates under and is
subject to the provisions of this chapter and Chapter 2a, Part 11, Municipal Services District
Act.
(18) "Person" means an individual, corporation, partnership, organization, association,
trust, governmental agency, or other legal entity.
(19) "Political subdivision" means a county, city, town, [
metro township,
] special
district under this title, special service district under Title 17D, Chapter 1, Special Service
District Act, an entity created by interlocal cooperation agreement under Title 11, Chapter 13,
Interlocal Cooperation Act, or any other governmental entity designated in statute as a political
subdivision of the state.
(20) "Private," with respect to real property, means not owned by the United States or
any agency of the federal government, the state, a county, or a political subdivision.
(21) "Public entity" means:
(a) the United States or an agency of the United States;
(b) the state or an agency of the state;
(c) a political subdivision of the state or an agency of a political subdivision of the
state;
(d) another state or an agency of that state; or
(e) a political subdivision of another state or an agency of that political subdivision.
(22) "Public transit district" means a special district that operates under and is subject
to the provisions of this chapter and Chapter 2a, Part 8, Public Transit District Act, including
an entity that was created and operated as a public transit district under the law in effect before
April 30, 2007.
(23) "Revenue bond":
(a) means a bond payable from designated taxes or other revenues other than the
special district's ad valorem property taxes; and
(b) does not include:
(i) an obligation constituting an indebtedness within the meaning of an applicable
constitutional or statutory debt limit;
(ii) a tax and revenue anticipation bond; or
(iii) a special assessment bond.
(24) "Rules of order and procedure" means a set of rules that govern and prescribe in a
public meeting:
(a) parliamentary order and procedure;
(b) ethical behavior; and
(c) civil discourse.
(25) "Service applicant" means a person who requests that a special district provide a
service that the special district is authorized to provide.
(26) "Service area" means a special district that operates under and is subject to the
provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was
created and operated as a county service area or a regional service area under the law in effect
before April 30, 2007.
(27) "Short-term bond" means a bond that is required to be repaid during the fiscal year
in which the bond is issued.
(28) "Special assessment" means an assessment levied against property to pay all or a
portion of the costs of making improvements that benefit the property.
(29) "Special assessment bond" means a bond payable from special assessments.
(30) "Special district" means a limited purpose local government entity, as described in
Section 
17B-1-103
, that operates under, is subject to, and has the powers described in:
(a) this chapter; or
(b) (i) this chapter; and
(ii) (A) Chapter 2a, Part 1, Cemetery Maintenance District Act;
(B) Chapter 2a, Part 2, Drainage District Act;
(C) Chapter 2a, Part 3, Fire Protection District Act;
(D) Chapter 2a, Part 4, Improvement District Act;
(E) Chapter 2a, Part 5, Irrigation District Act;
(F) Chapter 2a, Part 6, Metropolitan Water District Act;
(G) Chapter 2a, Part 7, Mosquito Abatement District Act;
(H) Chapter 2a, Part 8, Public Transit District Act;
(I) Chapter 2a, Part 9, Service Area Act;
(J) Chapter 2a, Part 10, Water Conservancy District Act; or
(K) Chapter 2a, Part 11, Municipal Services District Act.
(31) "Specialized special district" means a special district that is a cemetery
maintenance district, a drainage district, a fire protection district, an improvement district, an
irrigation district, a metropolitan water district, a mosquito abatement district, a public transit
district, a service area, a water conservancy district, a municipal services district, or a public
infrastructure district.
(32) "Taxable value" means the taxable value of property as computed from the most
recent equalized assessment roll for county purposes.
(33) "Tax and revenue anticipation bond" means a bond:
(a) issued in anticipation of the collection of taxes or other revenues or a combination
of taxes and other revenues; and
(b) that matures within the same fiscal year as the fiscal year in which the bond is
issued.
(34) "Unincorporated" means not included within a municipality.
(35) "Water conservancy district" means a special district that operates under and is
subject to the provisions of this chapter and Chapter 2a, Part10, Water Conservancy District
Act, including an entity that was created and operated as a water conservancy district under the
law in effect before April 30, 2007.
(36) "Works" includes a dam, reservoir, well, canal, conduit, pipeline, drain, tunnel,
power plant, and any facility, improvement, or property necessary or convenient for supplying
or treating water for any beneficial use, and for otherwise accomplishing the purposes of a
special district.
Section 50. Section 
17B-1-502
 is amended to read:
17B-1-502.
Withdrawal of area from special district -- Automatic withdrawal in
certain circumstances.
(1) (a) An area within the boundaries of a special district may be withdrawn from the
special district only as provided in this part or, if applicable, as provided in Chapter 2a, Part 11,
Municipal Services District Act.
(b) Except as provided in Subsections (2) and (3), the inclusion of an area of a special
district within a municipality because of a municipal incorporation under Title 10, Chapter 2a,
Municipal Incorporation, or a municipal annexation or boundary adjustment under Title 10,
Chapter 2, Part 4, Annexation, does not affect the requirements under this part for the process
of withdrawing that area from the special district.
(2) (a) An area within the boundaries of a special district is automatically withdrawn
from the special district by the annexation of the area to a municipality or the adding of the area
to a municipality by boundary adjustment under Title 10, Chapter 2, Part 4, Annexation, if:
(i) the special district provides:
(A) fire protection, paramedic, and emergency services; or
(B) law enforcement service;
(ii) an election for the creation of the special district was not required because of
Subsection 
17B-1-214
(3)(d) or (g); and
(iii) before annexation or boundary adjustment, the boundaries of the special district do
not include any of the annexing municipality.
(b) The effective date of a withdrawal under this Subsection (2) is governed by
Subsection 
17B-1-512
(2)(b).
(3) (a) Except as provided in Subsection (3)(c) or (d), an area within the boundaries of
a special district located in a county of the first class is automatically withdrawn from the
special district by the incorporation of a municipality whose boundaries include the area if:
(i) the special district provides municipal services, as defined in Section 
17B-2a-1102
,
excluding fire protection, paramedic, emergency, and law enforcement services;
(ii) an election for the creation of the special district was not required because of
Subsection 
17B-1-214
(3) (g); and
(iii) the legislative body of the newly incorporated municipality:
[
(A) for a city or town incorporated under Title 10, Chapter 2a, Part 4, Incorporation of
Metro Townships and Unincorporated Islands in a County of the First Class on and after May
12, 2015, complies with the feasibility study requirements of Section 
17B-2a-1110
;
]
[
(B)
] 
(A)
 adopts a resolution no later than 180 days after the effective date of
incorporation approving the withdrawal that includes the legal description of the area to be
withdrawn; and
[
(C)
] 
(B)
 delivers a copy of the resolution to the board of trustees of the special district.
(b) The effective date of a withdrawal under this Subsection (3) is governed by
Subsection 
17B-1-512
(2)(a).
(c) Section 
17B-1-505
 [
shall govern
] 
governs
 the withdrawal of an incorporated area
within a county of the first class if:
(i) the special district from which the area is withdrawn provides:
(A) fire protection, paramedic, and emergency services;
(B) law enforcement service; or
(C) municipal services, as defined in Section 
17B-2a-1102
;
(ii) an election for the creation of the special district was not required under Subsection
17B-1-214
(3)(d) or (g); and
(iii) for a special district that provides municipal services, as defined in Section
17B-2a-1102
, excluding fire protection, paramedic, emergency, and law enforcement services,
the 180-day period described in Subsection [
(3)(a)(iii)(B)
] 
(3)(a)(iii)(A)
 is expired.
(d) An area may not be withdrawn from a special district that provides municipal
services, as defined in Section 
17B-2a-1102
, excluding fire protection, paramedic, emergency,
and law enforcement services, if[
: (i)
] the area is [
incorporated as a metro township; and
]
within a converted municipality, as defined in Section 
10-1-201.5
.
[
(ii) at the election to incorporate as a metro township, the residents of the area chose
to be included in a municipal services district.
]
Section 51. Section 
17B-2a-1102
 is amended to read:
17B-2a-1102.
Definitions.
As used in this part[
: (1) "Municipal
]
,"municipal
 services" means one or more of the
services identified in Section 
17-34-1
, 
17-36-3
, or 
17B-1-202
.
[
(2) "Metro township" means:
]
[
(a) a metro township for which the electors at an election under Section 
10-2a-404
chose a metro township that is included in a municipal services district; or
]
[
(b) a metro township that subsequently joins a municipal services district.
]
Section 52. Section 
17B-2a-1104
 is amended to read:
17B-2a-1104.
Additional municipal services district powers.
(1)
 In addition to the powers conferred on a municipal services district under Section
17B-1-103
, a municipal services district may:
[
(1)
] 
(a)
 notwithstanding Subsection 
17B-1-202
(3), provide no more than six
municipal services;
[
(2)
] 
(b)
 assist a municipality or a county located within a municipal services district by
providing staffing and administrative services, including:
[
(a)
] 
(i)
 human resources staffing and services;
[
(b)
] 
(ii)
 finance and budgeting staffing and services; [
and
]
[
(c)
] 
(iii)
 information technology staffing and services; and
(iv) treasurer, recorder or clerk, surveyor, engineer, or auditor services; and
[
(3)
] 
(c)
 issue bonds as provided in and subject to Chapter 1, Part 11, Special District
Bonds, to carry out the purposes of the district.
(2) A municipal services district that includes a converted municipality, as defined in
Section 
10-1-201.5
, shall, upon request by the converted municipality, collect on behalf of the
converted municipality all fines, fees, charges, levies, and other payments imposed by the
converted municipality.
Section 53. Section 
17B-2a-1106
 is amended to read:
17B-2a-1106.
Municipal services district board of trustees -- Governance.
(1) Notwithstanding any other provision of law regarding the membership of a special
district board of trustees, the initial board of trustees of a municipal services district shall
consist of the county legislative body.
(2) (a) If, after the initial creation of a municipal services district, an area within the
district is incorporated as a municipality as defined in Section 
10-1-104
 and the area is not
withdrawn from the district in accordance with Section 
17B-1-502
 or 
17B-1-505
, or an area
within the municipality is annexed into the municipal services district in accordance with
Section 
17B-2a-1103
, the district's board of trustees shall be as follows:
(i) subject to Subsection (2)(b), a member of that municipality's governing body;
(ii) one member of the county council of the county in which the municipal services
district is located; and
(iii) the total number of board members is not required to be an odd number.
(b) A member described in Subsection (2)(a)(i) shall be[
: (i) for a municipality other
than a metro township,
] designated by the municipal legislative body[
; and
]
.
[
(ii) for a metro township, the mayor of the metro township or, during any period of
time when the mayor is absent, unable, or refuses to act, the mayor pro tempore that the metro
township council elects in accordance with Subsection 
10-3b-503
(4).
]
(3) For a board of trustees described in Subsection (2), each board member's vote is
weighted using the proportion of the municipal services district population that resides:
(a) for each member described in Subsection (2)(a)(i), within that member's
municipality; and
(b) for the member described in Subsection (2)(a)(ii), within the unincorporated
county.
(4) The board may adopt a resolution providing for future board members to be
appointed, as provided in Section 
17B-1-304
, or elected, as provided in Section 
17B-1-306
.
(5) Notwithstanding Subsections 
17B-1-309
(1) or 
17B-1-310
(1), the board of trustees
may adopt a resolution to determine the internal governance of the board.
(6) The municipal services district and the county may enter into an agreement for the
provision of legal services to the municipal services district.
Section 54. 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)
]
17B-1-502
(3)(a)(iii)(A)
 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-30-102
, for at least three weeks before the day of the first hearing described in Subsection
(5).
(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 55. Section 
17B-2a-1111
 is amended to read:
17B-2a-1111.
Withdrawal of a municipality that changes form of government.
If a municipality after the 180-day period described in Subsection
[
17B-1-502
(3)(a)(iii)(B)
] 
17B-1-502
(3)(a)(iii)(A)
 changes form of government in accordance
with Title 10, Chapter 3b, Part 6, Changing to Another Form of Municipal Government, the
municipality under the new form of government may withdraw from a municipal services
district only in accordance with the provisions of Section 
17B-1-505
.
Section 56. Section 
17C-1-102
 is amended to read:
17C-1-102.
Definitions.
As used in this title:
(1) "Active project area" means a project area that has not been dissolved in accordance
with Section 
17C-1-702
.
(2) "Adjusted tax increment" means the percentage of tax increment, if less than
100%, that an agency is authorized to receive:
(a) for a pre-July 1, 1993, project area plan, under Section 
17C-1-403
, excluding tax
increment under Subsection 
17C-1-403
(3);
(b) for a post-June 30, 1993, project area plan, under Section 
17C-1-404
, excluding tax
increment under Section 
17C-1-406
;
(c) under a project area budget approved by a taxing entity committee; or
(d) under an interlocal agreement that authorizes the agency to receive a taxing entity's
tax increment.
(3) "Affordable housing" means housing owned or occupied by a low or moderate
income family, as determined by resolution of the agency.
(4) "Agency" or "community reinvestment agency" means a separate body corporate
and politic, created under Section 
17C-1-201.5
 or as a redevelopment agency or community
development and renewal agency under previous law:
(a) that is a political subdivision of the state;
(b) that is created to undertake or promote project area development as provided in this
title; and
(c) whose geographic boundaries are coterminous with:
(i) for an agency created by a county, the unincorporated area of the county; and
(ii) for an agency created by a municipality, the boundaries of the municipality.
(5) "Agency funds" means money that an agency collects or receives for agency
operations, implementing a project area plan or an implementation plan as defined in Section
17C-1-1001
, or other agency purposes, including:
(a) project area funds;
(b) income, proceeds, revenue, or property derived from or held in connection with the
agency's undertaking and implementation of project area development or agency-wide project
development as defined in Section 
17C-1-1001
;
(c) a contribution, loan, grant, or other financial assistance from any public or private
source;
(d) project area incremental revenue as defined in Section 
17C-1-1001
; or
(e) property tax revenue as defined in Section 
17C-1-1001
.
(6) "Annual income" means the same as that term is defined in regulations of the
United States Department of Housing and Urban Development, 24 C.F.R. Sec. 5.609, as
amended or as superseded by replacement regulations.
(7) "Assessment roll" means the same as that term is defined in Section 
59-2-102
.
(8) "Base taxable value" means, unless otherwise adjusted in accordance with
provisions of this title, a property's taxable value as shown upon the assessment roll last
equalized during the base year.
(9) "Base year" means, except as provided in Subsection 
17C-1-402
(4)(c), the year
during which the assessment roll is last equalized:
(a) for a pre-July 1, 1993, urban renewal or economic development project area plan,
before the project area plan's effective date;
(b) for a post-June 30, 1993, urban renewal or economic development project area
plan, or a community reinvestment project area plan that is subject to a taxing entity
committee:
(i) before the date on which the taxing entity committee approves the project area
budget; or
(ii) if taxing entity committee approval is not required for the project area budget,
before the date on which the community legislative body adopts the project area plan;
(c) for a project on an inactive airport site, after the later of:
(i) the date on which the inactive airport site is sold for remediation and development;
or
(ii) the date on which the airport that operated on the inactive airport site ceased
operations; or
(d) for a community development project area plan or a community reinvestment
project area plan that is subject to an interlocal agreement, as described in the interlocal
agreement.
(10) "Basic levy" means the portion of a school district's tax levy constituting the
minimum basic levy under Section 
59-2-902
.
(11) "Board" means the governing body of an agency, as described in Section
17C-1-203
.
(12) "Budget hearing" means the public hearing on a proposed project area budget
required under Subsection 
17C-2-201
(2)(d) for an urban renewal project area budget,
Subsection 
17C-3-201
(2)(d) for an economic development project area budget, or Subsection
17C-5-302
(2)(e) for a community reinvestment project area budget.
(13) "Closed military base" means land within a former military base that the Defense
Base Closure and Realignment Commission has voted to close or realign when that action has
been sustained by the president of the United States and Congress.
(14) "Combined incremental value" means the combined total of all incremental values
from all project areas, except project areas that contain some or all of a military installation or
inactive industrial site, within the agency's boundaries under project area plans and project area
budgets at the time that a project area budget for a new project area is being considered.
(15) "Community" means a county or municipality.
(16) "Community development project area plan" means a project area plan adopted
under Chapter 4, Part 1, Community Development Project Area Plan.
(17) "Community legislative body" means the legislative body of the community that
created the agency.
(18) "Community reinvestment project area plan" means a project area plan adopted
under Chapter 5, Part 1, Community Reinvestment Project Area Plan.
(19) "Contest" means to file a written complaint in the district court of the county in
which the agency is located.
(20) "Development impediment" means a condition of an area that meets the
requirements described in Section 
17C-2-303
 for an urban renewal project area or Section
17C-5-405
 for a community reinvestment project area.
(21) "Development impediment hearing" means a public hearing regarding whether a
development impediment exists within a proposed:
(a) urban renewal project area under Subsection 
17C-2-102
(1)(a)(i)(C) and Section
17C-2-302
; or
(b) community reinvestment project area under Section 
17C-5-404
.
(22) "Development impediment study" means a study to determine whether a
development impediment exists within a survey area as described in Section 
17C-2-301
 for an
urban renewal project area or Section 
17C-5-403
 for a community reinvestment project area.
(23) "Economic development project area plan" means a project area plan adopted
under Chapter 3, Part 1, Economic Development Project Area Plan.
(24) "Fair share ratio" means the ratio derived by:
(a) for a municipality, comparing the percentage of all housing units within the
municipality that are publicly subsidized income targeted housing units to the percentage of all
housing units within the county in which the municipality is located that are publicly
subsidized income targeted housing units; or
(b) for the unincorporated part of a county, comparing the percentage of all housing
units within the unincorporated county that are publicly subsidized income targeted housing
units to the percentage of all housing units within the whole county that are publicly subsidized
income targeted housing units.
(25) "Family" means the same as that term is defined in regulations of the United
States Department of Housing and Urban Development, 24 C.F.R. Section 5.403, as amended
or as superseded by replacement regulations.
(26) "Greenfield" means land not developed beyond agricultural, range, or forestry use.
(27) "Hazardous waste" means any substance defined, regulated, or listed as a
hazardous substance, hazardous material, hazardous waste, toxic waste, pollutant, contaminant,
or toxic substance, or identified as hazardous to human health or the environment, under state
or federal law or regulation.
(28) "Housing allocation" means project area funds allocated for housing under Section
17C-2-203
, 
17C-3-202
, or 
17C-5-307
 for the purposes described in Section 
17C-1-412
.
(29) "Housing fund" means a fund created by an agency for purposes described in
Section 
17C-1-411
 or 
17C-1-412
 that is comprised of:
(a) project area funds, project area incremental revenue as defined in Section
17C-1-1001
, or property tax revenue as defined in Section 
17C-1-1001
 allocated for the
purposes described in Section 
17C-1-411
; or
(b) an agency's housing allocation.
(30) (a) "Inactive airport site" means land that:
(i) consists of at least 100 acres;
(ii) is occupied by an airport:
(A) (I) that is no longer in operation as an airport; or
(II) (Aa) that is scheduled to be decommissioned; and
(Bb) for which a replacement commercial service airport is under construction; and
(B) that is owned or was formerly owned and operated by a public entity; and
(iii) requires remediation because:
(A) of the presence of hazardous waste or solid waste; or
(B) the site lacks sufficient public infrastructure and facilities, including public roads,
electric service, water system, and sewer system, needed to support development of the site.
(b) "Inactive airport site" includes a perimeter of up to 2,500 feet around the land
described in Subsection (30)(a).
(31) (a) "Inactive industrial site" means land that:
(i) consists of at least 1,000 acres;
(ii) is occupied by an inactive or abandoned factory, smelter, or other heavy industrial
facility; and
(iii) requires remediation because of the presence of hazardous waste or solid waste.
(b) "Inactive industrial site" includes a perimeter of up to 1,500 feet around the land
described in Subsection (31)(a).
(32) "Income targeted housing" means housing that is owned or occupied by a family
whose annual income is at or below 80% of the median annual income for a family within the
county in which the housing is located.
(33) "Incremental value" means a figure derived by multiplying the marginal value of
the property located within a project area on which tax increment is collected by a number that
represents the adjusted tax increment from that project area that is paid to the agency.
(34) "Loan fund board" means the Olene Walker Housing Loan Fund Board,
established under Title 35A, Chapter 8, Part 5, Olene Walker Housing Loan Fund.
(35) (a) " Local government building" means a building owned and operated by a
community for the primary purpose of providing one or more primary community functions,
including:
(i) a fire station;
(ii) a police station;
(iii) a city hall; or
(iv) a court or other judicial building.
(b) " Local government building" does not include a building the primary purpose of
which is cultural or recreational in nature.
(36) "Major transit investment corridor" means the same as that term is defined in
Section 
10-9a-103
.
(37) "Marginal value" means the difference between actual taxable value and base
taxable value.
(38) "Military installation project area" means a project area or a portion of a project
area located within a federal military installation ordered closed by the federal Defense Base
Realignment and Closure Commission.
(39) "Municipality" means a city[
,
] 
or
 town[
, or metro township as defined in Section
10-2a-403
].
(40) "Participant" means one or more persons that enter into a participation agreement
with an agency.
(41) "Participation agreement" means a written agreement between a person and an
agency that:
(a) includes a description of:
(i) the project area development that the person will undertake;
(ii) the amount of project area funds the person may receive; and
(iii) the terms and conditions under which the person may receive project area funds;
and
(b) is approved by resolution of the board.
(42) "Plan hearing" means the public hearing on a proposed project area plan required
under Subsection 
17C-2-102
(1)(a)(vi) for an urban renewal project area plan, Subsection
17C-3-102
(1)(d) for an economic development project area plan, Subsection 
17C-4-102
(1)(d)
for a community development project area plan, or Subsection 
17C-5-104
(3)(e) for a
community reinvestment project area plan.
(43) "Post-June 30, 1993, project area plan" means a project area plan adopted on or
after July 1, 1993, and before May 10, 2016, whether or not amended subsequent to the project
area plan's adoption.
(44) "Pre-July 1, 1993, project area plan" means a project area plan adopted before July
1, 1993, whether or not amended subsequent to the project area plan's adoption.
(45) "Private," with respect to real property, means property not owned by a public
entity or any other governmental entity.
(46) "Project area" means the geographic area described in a project area plan within
which the project area development described in the project area plan takes place or is
proposed to take place.
(47) "Project area budget" means a multiyear projection of annual or cumulative
revenues and expenses and other fiscal matters pertaining to a project area prepared in
accordance with:
(a) for an urban renewal project area, Section 
17C-2-201
;
(b) for an economic development project area, Section 
17C-3-201
;
(c) for a community development project area, Section 
17C-4-204
; or
(d) for a community reinvestment project area, Section 
17C-5-302
.
(48) "Project area development" means activity within a project area that, as
determined by the board, encourages, promotes, or provides development or redevelopment for
the purpose of implementing a project area plan, including:
(a) promoting, creating, or retaining public or private jobs within the state or a
community;
(b) providing office, manufacturing, warehousing, distribution, parking, or other
facilities or improvements;
(c) planning, designing, demolishing, clearing, constructing, rehabilitating, or
remediating environmental issues;
(d) providing residential, commercial, industrial, public, or other structures or spaces,
including recreational and other facilities incidental or appurtenant to the structures or spaces;
(e) altering, improving, modernizing, demolishing, reconstructing, or rehabilitating
existing structures;
(f) providing open space, including streets or other public grounds or space around
buildings;
(g) providing public or private buildings, infrastructure, structures, or improvements;
(h) relocating a business;
(i) improving public or private recreation areas or other public grounds;
(j) eliminating a development impediment or the causes of a development impediment;
(k) redevelopment as defined under the law in effect before May 1, 2006; or
(l) any activity described in this Subsection (48) outside of a project area that the board
determines to be a benefit to the project area.
(49) "Project area funds" means tax increment or sales and use tax revenue that an
agency receives under a project area budget adopted by a taxing entity committee or an
interlocal agreement.
(50) "Project area funds collection period" means the period of time that:
(a) begins the day on which the first payment of project area funds is distributed to an
agency under a project area budget approved by a taxing entity committee or an interlocal
agreement; and
(b) ends the day on which the last payment of project area funds is distributed to an
agency under a project area budget approved by a taxing entity committee or an interlocal
agreement.
(51) "Project area plan" means an urban renewal project area plan, an economic
development project area plan, a community development project area plan, or a community
reinvestment project area plan that, after the project area plan's effective date, guides and
controls the project area development.
(52) (a) "Property tax" means each levy on an ad valorem basis on tangible or
intangible personal or real property.
(b) "Property tax" includes a privilege tax imposed under Title 59, Chapter 4, Privilege
Tax.
(53) "Public entity" means:
(a) the United States, including an agency of the United States;
(b) the state, including any of the state's departments or agencies; or
(c) a political subdivision of the state, including a county, municipality, school district,
special district, special service district, community reinvestment agency, or interlocal
cooperation entity.
(54) "Publicly owned infrastructure and improvements" means water, sewer, storm
drainage, electrical, natural gas, telecommunication, or other similar systems and lines, streets,
roads, curb, gutter, sidewalk, walkways, parking facilities, public transportation facilities, or
other facilities, infrastructure, and improvements benefitting the public and to be publicly
owned or publicly maintained or operated.
(55) "Record property owner" or "record owner of property" means the owner of real
property, as shown on the records of the county in which the property is located, to whom the
property's tax notice is sent.
(56) "Sales and use tax revenue" means revenue that is:
(a) generated from a tax imposed under Title 59, Chapter 12, Sales and Use Tax Act;
and
(b) distributed to a taxing entity in accordance with Sections 
59-12-204
 and 
59-12-205
.
(57) "Superfund site":
(a) means an area included in the National Priorities List under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sec. 9605; and
(b) includes an area formerly included in the National Priorities List, as described in
Subsection (57)(a), but removed from the list following remediation that leaves on site the
waste that caused the area to be included in the National Priorities List.
(58) "Survey area" means a geographic area designated for study by a survey area
resolution to determine whether:
(a) one or more project areas within the survey area are feasible; or
(b) a development impediment exists within the survey area.
(59) "Survey area resolution" means a resolution adopted by a board that designates a
survey area.
(60) "Taxable value" means:
(a) the taxable value of all real property a county assessor assesses in accordance with
Title 59, Chapter 2, Part 3, County Assessment, for the current year;
(b) the taxable value of all real and personal property the commission assesses in
accordance with Title 59, Chapter 2, Part 2, Assessment of Property, for the current year; and
(c) the year end taxable value of all personal property a county assessor assesses in
accordance with Title 59, Chapter 2, Part 3, County Assessment, contained on the prior year's
tax rolls of the taxing entity.
(61) (a) "Tax increment" means the difference between:
(i) the amount of property tax revenue generated each tax year by a taxing entity from
the area within a project area designated in the project area plan as the area from which tax
increment is to be collected, using the current assessed value of the property and each taxing
entity's current certified tax rate as defined in Section 
59-2-924
; and
(ii) the amount of property tax revenue that would be generated from that same area
using the base taxable value of the property and each taxing entity's current certified tax rate as
defined in Section 
59-2-924
.
(b) "Tax increment" does not include taxes levied and collected under Section
59-2-1602
 on or after January 1, 1994, upon the taxable property in the project area unless:
(i) the project area plan was adopted before May 4, 1993, whether or not the project
area plan was subsequently amended; and
(ii) the taxes were pledged to support bond indebtedness or other contractual
obligations of the agency.
(62) "Taxing entity" means a public entity that:
(a) levies a tax on property located within a project area; or
(b) imposes a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act.
(63) "Taxing entity committee" means a committee representing the interests of taxing
entities, created in accordance with Section 
17C-1-402
.
(64) "Unincorporated" means not within a municipality.
(65) "Urban renewal project area plan" means a project area plan adopted under
Chapter 2, Part 1, Urban Renewal Project Area Plan.
Section 57. Section 
18-1-1
 is amended to read:
18-1-1.
Liability and damages for dog injury -- Exceptions.
(1) (a) Except as provided in Subsections (2) and (3), a person who owns or keeps a
dog is liable for an injury caused by the dog, regardless of whether:
(i) the dog is vicious or mischievous; or
(ii) the owner knows the dog is vicious or mischievous.
(b) Damages for an injury described in Subsection (1)(a) shall be determined in
accordance with Section 
78B-5-818
.
(2) Neither the state nor any county, city, [
metro township,
] or town in the state nor any
peace officer employed by the state, a county, a city, [
a metro township,
] or a town [
shall be
] 
is
liable in damages for an injury caused by a dog, if:
(a) the dog and the dog's law enforcement handler are trained to assist in law
enforcement and are certified according to the standards adopted in Title 53, Chapter 6, Part 4,
Law Enforcement Canine Team Certification Act;
(b) the governmental agency has adopted a written policy on the necessary and
appropriate use of dogs in official law enforcement duties;
(c) the actions of the dog's handler do not violate the agency's written policy; and
(d) the injury occurs while the dog is reasonably and carefully being used in the
apprehension, arrest, or location of a suspected offender or in maintaining or controlling the
public order.
(3) A person who owns or keeps a dog is not liable for an injury or death caused by the
dog if:
(a) the injury or death is to another animal;
(b) the injury or death occurs:
(i) on the person's private property; and
(ii) while the dog is reasonably secured within a fence or other enclosure; and
(c) the animal described in Subsection (3)(a) entered the person's private property
without consent.
Section 58. Section 
19-5-108.5
 is amended to read:
19-5-108.5.
Storm water permits.
(1) As used in this section:
(a) "Applicant" means a person who is conducting or proposing to conduct a use of
land and who a permittee requires or allows to use low impact development.
(b) "Independent review" is a review conducted:
(i) in accordance with this section; and
(ii) by an engineer, or engineering firm, designated by the division as having technical
expertise in the area of storm water calculations.
(c) "Low impact development" means structural or natural engineered systems located
close to the source of storm water that use or mimic natural processes to encourage infiltration,
evapotranspiration, or reuse of the storm water.
(d) "Permittee" means a municipality[
, metro township,
] or county with a storm water
permit under the Utah Pollutant Discharge Elimination System.
(e) "Storm water" means storm water runoff, snow melt runoff, and surface runoff and
drainage.
(f) "Storm water permit" means a permit issued to a permittee by the division for the
permittee's municipal separate storm sewer system.
(g) "Utah Pollutant Discharge Elimination System" means the state-wide program for
issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits
under this chapter.
(2) A permittee shall reduce any requirement for an applicant to manage or control
storm water runoff rates or storm water runoff volumes for flood control purposes to account
for the reduction in storm water associated with approved low impact development practices.
(3) The director shall create and maintain a list of engineers, including engineering
firms, capable of providing independent review of low impact development designs and storm
water calculations for use by an applicant and a permittee pursuant to an appeal described in
Subsection (4).
(4) (a) An applicant who appeals a permittee's determination regarding
post-construction retention requirements under the permittee's storm water permit may request
the permittee to refer the appeal to independent review for purposes of determining the
technical aspects of the appeal, including:
(i) the required size of any low impact development system;
(ii) the calculations of reductions in storm water runoff rates or storm water runoff
volumes for flood control due to the use of low impact development; and
(iii) the feasibility of constructing low impact development practices required by the
permittee.
(b) If an applicant makes a request under Subsection (4)(a):
(i) the permittee shall:
(A) select an engineer or engineering firm from the list described in Subsection (3);
and
(B) pay one-half of the cost of the independent review.
(ii) An engineer or engineering firm selected by the permittee under Subsection
(4)(b)(i) may not be:
(A) associated with the application that is the subject of the appeal; or
(B) employed by the permittee.
(iii) The applicant shall pay:
(A) one-half of the cost of the independent review; and
(B) the municipality's published appeal fee.
Section 59. Section 
20A-1-102
 is amended to read:
20A-1-102.
Definitions.
As used in this title:
(1) "Active voter" means a registered voter who has not been classified as an inactive
voter by the county clerk.
(2) "Automatic tabulating equipment" means apparatus that automatically examines
and counts votes recorded on ballots and tabulates the results.
(3) (a) "Ballot" means the storage medium, including a paper, mechanical, or electronic
storage medium, that records an individual voter's vote.
(b) "Ballot" does not include a record to tally multiple votes.
(4) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
on the ballot for their approval or rejection including:
(a) an opinion question specifically authorized by the Legislature;
(b) a constitutional amendment;
(c) an initiative;
(d) a referendum;
(e) a bond proposition;
(f) a judicial retention question;
(g) an incorporation of a city or town; or
(h) any other ballot question specifically authorized by the Legislature.
(5) "Bind," "binding," or "bound" means securing more than one piece of paper
together using staples or another means in at least three places across the top of the paper in the
blank space reserved for securing the paper.
(6) "Board of canvassers" means the entities established by Sections 
20A-4-301
 and
20A-4-306
 to canvass election returns.
(7) "Bond election" means an election held for the purpose of approving or rejecting
the proposed issuance of bonds by a government entity.
(8) "Business reply mail envelope" means an envelope that may be mailed free of
charge by the sender.
(9) "Canvass" means the review of election returns and the official declaration of
election results by the board of canvassers.
(10) "Canvassing judge" means a poll worker designated to assist in counting ballots at
the canvass.
(11) "Contracting election officer" means an election officer who enters into a contract
or interlocal agreement with a provider election officer.
(12) "Convention" means the political party convention at which party officers and
delegates are selected.
(13) "Counting center" means one or more locations selected by the election officer in
charge of the election for the automatic counting of ballots.
(14) "Counting judge" means a poll worker designated to count the ballots during
election day.
(15) "Counting room" means a suitable and convenient private place or room for use
by the poll workers and counting judges to count ballots.
(16) "County officers" means those county officers that are required by law to be
elected.
(17) "Date of the election" or "election day" or "day of the election":
(a) means the day that is specified in the calendar year as the day that the election
occurs; and
(b) does not include:
(i) deadlines established for voting by mail, military-overseas voting, or emergency
voting; or
(ii) any early voting or early voting period as provided under Chapter 3a, Part 6, Early
Voting.
(18) "Elected official" means:
(a) a person elected to an office under Section 
20A-1-303
 or Chapter 4, Part 6,
Municipal Alternate Voting Methods Pilot Project;
(b) a person who is considered to be elected to a municipal office in accordance with
Subsection 
20A-1-206
(1)(c)(ii); or
(c) a person who is considered to be elected to a special district office in accordance
with Subsection 
20A-1-206
(3)(b)(ii).
(19) "Election" means a regular general election, a municipal general election, a
statewide special election, a local special election, a regular primary election, a municipal
primary election, and a special district election.
(20) "Election Assistance Commission" means the commission established by the Help
America Vote Act of 2002, Pub. L. No. 107-252.
(21) "Election cycle" means the period beginning on the first day persons are eligible to
file declarations of candidacy and ending when the canvass is completed.
(22) "Election judge" means a poll worker that is assigned to:
(a) preside over other poll workers at a polling place;
(b) act as the presiding election judge; or
(c) serve as a canvassing judge, counting judge, or receiving judge.
(23) "Election officer" means:
(a) the lieutenant governor, for all statewide ballots and elections;
(b) the county clerk for:
(i) a county ballot and election; and
(ii) a ballot and election as a provider election officer as provided in Section
20A-5-400.1
 or 
20A-5-400.5
;
(c) the municipal clerk for:
(i) a municipal ballot and election; and
(ii) a ballot and election as a provider election officer as provided in Section
20A-5-400.1
 or 
20A-5-400.5
;
(d) the special district clerk or chief executive officer for:
(i) a special district ballot and election; and
(ii) a ballot and election as a provider election officer as provided in Section
20A-5-400.1
 or 
20A-5-400.5
; or
(e) the business administrator or superintendent of a school district for:
(i) a school district ballot and election; and
(ii) a ballot and election as a provider election officer as provided in Section
20A-5-400.1
 or 
20A-5-400.5
.
(24) "Election official" means any election officer, election judge, or poll worker.
(25) "Election results" means:
(a) for an election other than a bond election, the count of votes cast in the election and
the election returns requested by the board of canvassers; or
(b) for bond elections, the count of those votes cast for and against the bond
proposition plus any or all of the election returns that the board of canvassers may request.
(26) "Election returns" includes:
(a) the pollbook, the military and overseas absentee voter registration and voting
certificates, one of the tally sheets, any unprocessed ballots, all counted ballots, all excess
ballots, all unused ballots, all spoiled ballots, the ballot disposition form, and the total votes
cast form; and
(b) the record, described in Subsection 
20A-3a-401
(8)(c), of voters contacted to cure a
ballot.
(27) "Electronic signature" means an electronic sound, symbol, or process attached to
or logically associated with a record and executed or adopted by a person with the intent to sign
the record.
(28) "Inactive voter" means a registered voter who is listed as inactive by a county
clerk under Subsection 
20A-2-505
(4)(c)(i) or (ii).
(29) "Judicial office" means the office filled by any judicial officer.
(30) "Judicial officer" means any justice or judge of a court of record or any county
court judge.
(31) "Local election" means a regular county election, a regular municipal election, a
municipal primary election, a local special election, a special district election, and a bond
election.
(32) "Local political subdivision" means a county, a municipality, a special district, or
a local school district.
(33) "Local special election" means a special election called by the governing body of a
local political subdivision in which all registered voters of the local political subdivision may
vote.
(34) "Manual ballot" means a paper document produced by an election officer on
which an individual records an individual's vote by directly placing a mark on the paper
document using a pen or other marking instrument.
(35) "Mechanical ballot" means a record, including a paper record, electronic record, or
mechanical record, that:
(a) is created via electronic or mechanical means; and
(b) records an individual voter's vote cast via a method other than an individual directly
placing a mark, using a pen or other marking instrument, to record an individual voter's vote.
(36) "Municipal executive" means:
(a) the mayor in the council-mayor form of government defined in Section 
10-3b-102
;
or
(b) the mayor in the council-manager form of government defined in Subsection
[
10-3b-103
(7); or
] 
10-3b-103
(6).
[
(c) the mayor of a metro township form of government defined in Section 
10-3b-102
.
]
(37) "Municipal general election" means the election held in municipalities and, as
applicable, special districts on the first Tuesday after the first Monday in November of each
odd-numbered year for the purposes established in Section 
20A-1-202
.
(38) "Municipal legislative body" means[
: (a)
] the council of the city or town in any
form of municipal government[
; or
]
.
[
(b) the council of a metro township.
]
(39) "Municipal office" means an elective office in a municipality.
(40) "Municipal officers" means those municipal officers that are required by law to be
elected.
(41) "Municipal primary election" means an election held to nominate candidates for
municipal office.
(42) "Municipality" means a city[
,
] 
or
 town[
, or metro township
].
(43) "Official ballot" means the ballots distributed by the election officer for voters to
record their votes.
(44) "Official endorsement" means the information on the ballot that identifies:
(a) the ballot as an official ballot;
(b) the date of the election; and
(c) (i) for a ballot prepared by an election officer other than a county clerk, the
facsimile signature required by Subsection 
20A-6-401
(1)(a)(iii); or
(ii) for a ballot prepared by a county clerk, the words required by Subsection
20A-6-301
(1)(b)(iii).
(45) "Official register" means the official record furnished to election officials by the
election officer that contains the information required by Section 
20A-5-401
.
(46) "Political party" means an organization of registered voters that has qualified to
participate in an election by meeting the requirements of Chapter 8, Political Party Formation
and Procedures.
(47) (a) "Poll worker" means a person assigned by an election official to assist with an
election, voting, or counting votes.
(b) "Poll worker" includes election judges.
(c) "Poll worker" does not include a watcher.
(48) "Pollbook" means a record of the names of voters in the order that they appear to
cast votes.
(49) "Polling place" means a building where voting is conducted.
(50) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
in which the voter marks the voter's choice.
(51) "Presidential Primary Election" means the election established in Chapter 9, Part
8, Presidential Primary Election.
(52) "Primary convention" means the political party conventions held during the year
of the regular general election.
(53) "Protective counter" means a separate counter, which cannot be reset, that:
(a) is built into a voting machine; and
(b) records the total number of movements of the operating lever.
(54) "Provider election officer" means an election officer who enters into a contract or
interlocal agreement with a contracting election officer to conduct an election for the
contracting election officer's local political subdivision in accordance with Section
20A-5-400.1
.
(55) "Provisional ballot" means a ballot voted provisionally by a person:
(a) whose name is not listed on the official register at the polling place;
(b) whose legal right to vote is challenged as provided in this title; or
(c) whose identity was not sufficiently established by a poll worker.
(56) "Provisional ballot envelope" means an envelope printed in the form required by
Section 
20A-6-105
 that is used to identify provisional ballots and to provide information to
verify a person's legal right to vote.
(57) (a) "Public figure" means an individual who, due to the individual being
considered for, holding, or having held a position of prominence in a public or private capacity,
or due to the individual's celebrity status, has an increased risk to the individual's safety.
(b) "Public figure" does not include an individual:
(i) elected to public office; or
(ii) appointed to fill a vacancy in an elected public office.
(58) "Qualify" or "qualified" means to take the oath of office and begin performing the
duties of the position for which the individual was elected.
(59) "Receiving judge" means the poll worker that checks the voter's name in the
official register at a polling place and provides the voter with a ballot.
(60) "Registration form" means a form by which an individual may register to vote
under this title.
(61) "Regular ballot" means a ballot that is not a provisional ballot.
(62) "Regular general election" means the election held throughout the state on the first
Tuesday after the first Monday in November of each even-numbered year for the purposes
established in Section 
20A-1-201
.
(63) "Regular primary election" means the election, held on the date specified in
Section 
20A-1-201.5
, to nominate candidates of political parties and candidates for nonpartisan
local school board positions to advance to the regular general election.
(64) "Resident" means a person who resides within a specific voting precinct in Utah.
(65) "Return envelope" means the envelope, described in Subsection 
20A-3a-202
(4),
provided to a voter with a manual ballot:
(a) into which the voter places the manual ballot after the voter has voted the manual
ballot in order to preserve the secrecy of the voter's vote; and
(b) that includes the voter affidavit and a place for the voter's signature.
(66) "Sample ballot" means a mock ballot similar in form to the official ballot,
published as provided in Section 
20A-5-405
.
(67) "Special district" means a local government entity under Title 17B, Limited
Purpose Local Government Entities - Special Districts, and includes a special service district
under Title 17D, Chapter 1, Special Service District Act.
(68) "Special district officers" means those special district board members who are
required by law to be elected.
(69) "Special election" means an election held as authorized by Section 
20A-1-203
.
(70) "Spoiled ballot" means each ballot that:
(a) is spoiled by the voter;
(b) is unable to be voted because it was spoiled by the printer or a poll worker; or
(c) lacks the official endorsement.
(71) "Statewide special election" means a special election called by the governor or the
Legislature in which all registered voters in Utah may vote.
(72) "Tabulation system" means a device or system designed for the sole purpose of
tabulating votes cast by voters at an election.
(73) "Ticket" means a list of:
(a) political parties;
(b) candidates for an office; or
(c) ballot propositions.
(74) "Transfer case" means the sealed box used to transport voted ballots to the
counting center.
(75) "Vacancy" means:
(a) except as provided in Subsection (75)(b), the absence of an individual to serve in a
position created by state constitution or state statute, whether that absence occurs because of
death, disability, disqualification, resignation, or other cause; or
(b) in relation to a candidate for a position created by state constitution or state statute,
the removal of a candidate due to the candidate's death, resignation, or disqualification.
(76) "Valid voter identification" means:
(a) a form of identification that bears the name and photograph of the voter which may
include:
(i) a currently valid Utah driver license;
(ii) a currently valid identification card that is issued by:
(A) the state; or
(B) a branch, department, or agency of the United States;
(iii) a currently valid Utah permit to carry a concealed weapon;
(iv) a currently valid United States passport; or
(v) a currently valid United States military identification card;
(b) one of the following identification cards, whether or not the card includes a
photograph of the voter:
(i) a valid tribal identification card;
(ii) a Bureau of Indian Affairs card; or
(iii) a tribal treaty card; or
(c) two forms of identification not listed under Subsection (76)(a) or (b) but that bear
the name of the voter and provide evidence that the voter resides in the voting precinct, which
may include:
(i) a current utility bill or a legible copy thereof, dated within the 90 days before the
election;
(ii) a bank or other financial account statement, or a legible copy thereof;
(iii) a certified birth certificate;
(iv) a valid social security card;
(v) a check issued by the state or the federal government or a legible copy thereof;
(vi) a paycheck from the voter's employer, or a legible copy thereof;
(vii) a currently valid Utah hunting or fishing license;
(viii) certified naturalization documentation;
(ix) a currently valid license issued by an authorized agency of the United States;
(x) a certified copy of court records showing the voter's adoption or name change;
(xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
(xii) a currently valid identification card issued by:
(A) a local government within the state;
(B) an employer for an employee; or
(C) a college, university, technical school, or professional school located within the
state; or
(xiii) a current Utah vehicle registration.
(77) "Valid write-in candidate" means a candidate who has qualified as a write-in
candidate by following the procedures and requirements of this title.
(78) "Vote by mail" means to vote, using a manual ballot that is mailed to the voter, by:
(a) mailing the ballot to the location designated in the mailing; or
(b) depositing the ballot in a ballot drop box designated by the election officer.
(79) "Voter" means an individual who:
(a) meets the requirements for voting in an election;
(b) meets the requirements of election registration;
(c) is registered to vote; and
(d) is listed in the official register book.
(80) "Voter registration deadline" means the registration deadline provided in Section
20A-2-102.5
.
(81) "Voting area" means the area within six feet of the voting booths, voting
machines, and ballot box.
(82) "Voting booth" means:
(a) the space or compartment within a polling place that is provided for the preparation
of ballots, including the voting enclosure or curtain; or
(b) a voting device that is free standing.
(83) "Voting device" means any device provided by an election officer for a voter to
vote a mechanical ballot.
(84) "Voting precinct" means the smallest geographical voting unit, established under
Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies.
(85) "Watcher" means an individual who complies with the requirements described in
Section 
20A-3a-801
 to become a watcher for an election.
(86) "Write-in ballot" means a ballot containing any write-in votes.
(87) "Write-in vote" means a vote cast for an individual, whose name is not printed on
the ballot, in accordance with the procedures established in this title.
Section 60. Section 
20A-1-201.5
 is amended to read:
20A-1-201.5.
Primary election dates.
(1) The regular primary election shall be held throughout the state on the fourth
Tuesday of June of each even numbered year as provided in Section 
20A-9-403
, 
20A-9-407
, or
20A-9-408
, as applicable, to nominate persons for[
: (a)
] national, state, school board, and
county offices[
; and
]
.
[
(b) offices for a metro township, city, or town incorporated under Section 
10-2a-404
.
]
(2) A municipal primary election shall be held, if necessary, on the second Tuesday
following the first Monday in August before the regular municipal election to nominate persons
for municipal offices.
(3) A presidential primary election shall be held throughout the state on the first
Tuesday in March in the year in which a presidential election will be held.
Section 61. Section 
20A-1-203
 is amended to read:
20A-1-203.
Calling and purpose of special elections -- Two-thirds vote
limitations.
(1) Statewide and local special elections may be held for any purpose authorized by
law.
(2) (a) Statewide special elections shall be conducted using the procedure for regular
general elections.
(b) Except as otherwise provided in this title, local special elections shall be conducted
using the procedures for regular municipal elections.
(3) The governor may call a statewide special election by issuing an executive order
that designates:
(a) the date for the statewide special election; and
(b) the purpose for the statewide special election.
(4) The Legislature may call a statewide special election by passing a joint or
concurrent resolution that designates:
(a) the date for the statewide special election; and
(b) the purpose for the statewide special election.
(5) (a) The legislative body of a local political subdivision may call a local special
election only for:
(i) a vote on a bond or debt issue;
(ii) a vote on a voted local levy authorized by Section 
53F-8-402
 or 
53F-8-301
;
(iii) an initiative authorized by Chapter 7, Part 5, Local Initiatives - Procedures;
(iv) a referendum authorized by Chapter 7, Part 6, Local Referenda - Procedures;
(v) if required or authorized by federal law, a vote to determine whether Utah's legal
boundaries should be changed;
(vi) a vote authorized or required by Title 59, Chapter 12, Sales and Use Tax Act;
(vii) a vote to elect members to school district boards for a new school district and a
remaining school district, as defined in Section 
53G-3-102
, following the creation of a new
school district under Section 
53G-3-302
;
(viii) a vote on a municipality providing cable television services or public
telecommunications services under Section 
10-18-204
;
(ix) a vote to create a new county under Section 
17-3-1
;
(x) a vote on a special property tax under Section 
53F-8-402
; 
or
(xi) a vote on the incorporation of a municipality in accordance with Section
10-2a-210
[
; or
]
.
[
(xii) a vote on incorporation or annexation as described in Section 
10-2a-404
.
]
(b) The legislative body of a local political subdivision may call a local special election
by adopting an ordinance or resolution that designates:
(i) the date for the local special election as authorized by Section 
20A-1-204
; and
(ii) the purpose for the local special election.
(c) A local political subdivision may not call a local special election unless the
ordinance or resolution calling a local special election under Subsection (5)(b) is adopted by a
two-thirds majority of all members of the legislative body, if the local special election is for:
(i) a vote on a bond or debt issue as described in Subsection (5)(a)(i);
(ii) a vote on a voted leeway or levy program as described in Subsection (5)(a)(ii); or
(iii) a vote authorized or required for a sales tax issue as described in Subsection
(5)(a)(vi).
Section 62. Section 
20A-1-306
 is amended to read:
20A-1-306.
Electronic signatures prohibited.
Notwithstanding Title 46, Chapter 4, Uniform Electronic Transactions Act, and
Subsections 
68-3-12
(1)(e) and [
68-3-12.5
(28) and (40)
] 
68-3-12.5
(27) and (38)
, an electronic
signature may not be used to sign a petition to:
(1) except as provided in Section 
20A-21-201
, qualify a ballot proposition for the
ballot under Chapter 7, Issues Submitted to the Voters;
(2) organize and register a political party under Chapter 8, Political Party Formation
and Procedures; or
(3) except as provided in Section 
20A-21-201
, qualify a candidate for the ballot under
Chapter 9, Candidate Qualifications and Nominating Procedures.
Section 63. Section 
20A-1-510
 is amended to read:
20A-1-510.
Midterm vacancies in municipal offices.
(1) (a) As used in this section:
(i) "Vacancy," subject to Subsection (1)(a)(ii), means the same as that term is defined
in Section 
20A-1-102
.
(ii) "Vacancy," if due to resignation, occurs on the effective date of the resignation.
(b) Except as otherwise provided in this section, if any vacancy occurs in the office of
municipal executive or member of a municipal legislative body, the municipal legislative body
shall, within 30 calendar days after the day on which the vacancy occurs, appoint a registered
voter in the municipality who meets the qualifications for office described in Section 
10-3-301
to fill the unexpired term of the vacated office.
(c) Before acting to fill the vacancy, the municipal legislative body shall:
(i) give public notice of the vacancy at least 14 calendar days before the day on which
the municipal legislative body meets to fill the vacancy;
(ii) identify, in the notice:
(A) the date, time, and place of the meeting where the vacancy will be filled;
(B) the person to whom an individual interested in being appointed to fill the vacancy
may submit the interested individual's name for consideration; and
(C) the deadline for submitting an interested individual's name; and
(iii) in an open meeting, interview each individual whose name is submitted for
consideration, and who meets the qualifications for office, regarding the individual's
qualifications.
(d) (i) The municipal legislative body shall take an initial vote to fill the vacancy from
among the names of the candidates interviewed under Subsection (1)(c)(iii).
(ii) (A) If no candidate receives a majority vote of the municipal legislative body in the
initial vote described in Subsection (1)(d)(i), the two candidates that received the most votes in
the initial vote, as determined by the tie-breaking procedures described in Subsections
(1)(d)(ii)(B) through (D) if necessary, shall be placed before the municipal legislative body for
a second vote to fill the vacancy.
(B) If the initial vote results in a tie for second place, the candidates tied for second
place shall be reduced to one by a coin toss conducted in accordance with Subsection
(1)(d)(ii)(D), and the second vote described in Subsection (1)(d)(ii)(A) shall be between the
candidate that received the most votes in the initial vote and the candidate that wins the coin
toss described in this Subsection (1)(d)(ii)(B).
(C) If the initial vote results in a tie among three or more candidates for first place, the
candidates tied for first place shall be reduced to two by a coin toss conducted in accordance
with Subsection (1)(d)(ii)(D), and the second vote described in Subsection (1)(d)(ii)(A) shall
be between the two candidates that remain after the coin toss described in this Subsection
(1)(d)(ii)(C).
(D) A coin toss required under this Subsection (1)(d) shall be conducted by the
municipal clerk or recorder in the presence of the municipal legislative body.
(iii) If, in the second vote described in Subsection (1)(d)(ii)(A), neither candidate
receives a majority vote of the municipal legislative body, the vacancy shall be determined by a
coin toss between the two candidates in accordance with Subsection (1)(d)(ii)(D).
(e) If the municipal legislative body does not timely comply with Subsections (1)(b)
through (d), the municipal clerk or recorder shall immediately notify the lieutenant governor.
(f) After receiving notice that a municipal legislative body has failed to timely comply
with Subsections (1)(b) through (d), the lieutenant governor shall:
(i) notify the municipal legislative body of the violation; and
(ii) direct the municipal legislative body to, within 30 calendar days after the day on
which the lieutenant governor provides the notice described in this Subsection (1)(f), appoint
an eligible individual to fill the vacancy in accordance with Subsections (1)(c) and (d).
(g) If the municipality fails to timely comply with a directive described in Subsection
(1)(f):
(i) the lieutenant governor shall notify the governor of the municipality's failure to fill
the vacancy; and
(ii) the governor shall, within 45 days after the day on which the governor receives the
notice described in Subsection (1)(g)(i), provide public notice soliciting candidates to fill the
vacancy in accordance with Subsection (1)(c) and appoint an individual to fill the vacancy.
(2) (a) A vacancy in the office of municipal executive or member of a municipal
legislative body shall be filled by an interim appointment, followed by an election to fill a
two-year term, if:
(i) the vacancy occurs, or a letter of resignation is received, by the municipal executive
at least 14 days before the deadline for filing for election in an odd-numbered year; and
(ii) two years of the vacated term will remain after the first Monday of January
following the next municipal election.
(b) In appointing an interim replacement, the municipal legislative body shall:
(i) comply with the notice requirements of this section; and
(ii) in an open meeting, interview each individual whose name is submitted for
consideration, and who meets the qualifications for office, regarding the individual's
qualifications.
(3) (a) In a municipality operating under the council-mayor form of government, as
defined in Section 
10-3b-102
:
(i) the council may appoint an individual to fill a vacancy in the office of mayor before
the effective date of the mayor's resignation by making the effective date of the appointment
the same as the effective date of the mayor's resignation; and
(ii) if a vacancy in the office of mayor occurs before the effective date of an
appointment under Subsection (1) or (2) to fill the vacancy, the remaining council members, by
majority vote, shall appoint a council member to serve as acting mayor during the time between
the creation of the vacancy and the effective date of the appointment to fill the vacancy.
(b) A council member serving as acting mayor under Subsection (3)(a)(ii) continues to:
(i) act as a council member; and
(ii) vote at council meetings.
(4) (a) (i) For a vacancy of a member of a municipal legislative body as described in
this section, the municipal legislative body member whose resignation creates the vacancy on
the municipal legislative body may:
(A) interview an individual whose name is submitted for consideration under
Subsection (1)(c)(iii) or (2)(b)(ii); and
(B) vote on the appointment of an individual to fill the vacancy.
(ii) Notwithstanding Subsection (4)(a)(i), a member of a legislative body who is
removed from office in accordance with state law may not cast a vote under Subsection
(4)(a)(i).
(b) A member of a municipal legislative body who submits his or her resignation to the
municipal legislative body may not rescind the resignation.
(c) A member of a municipal legislative body may not vote on an appointment under
this section for himself or herself to fill a vacancy in the municipal legislative body.
(5) In a municipality operating under the six-member council form of government or
the council-manager form of government, defined in Subsection [
10-3b-103
(7)
] 
10-3b-103
(6)
,
if the voting members of the city council reach a tie vote on a matter of filling a vacancy, the
mayor may vote to break the tie.
(6) In a municipality operating under the council-mayor form of government, the
mayor may not:
(a) participate in the vote to fill a vacancy;
(b) veto a decision of the council to fill a vacancy; or
(c) vote in the case of a tie.
(7) A mayor whose resignation from the municipal legislative body is due to election
or appointment as mayor may, in the case of a tie, participate in the vote under this section.
(8) A municipal legislative body may, consistent with the provisions of state law, adopt
procedures governing the appointment, interview, and voting process for filling vacancies in
municipal offices.
Section 64. Section 
20A-5-301
 is amended to read:
20A-5-301.
Combined voting precincts -- Municipalities.
(1) (a) The municipal legislative body of a city of the first or second class may combine
up to four regular county voting precincts into one municipal voting precinct for purposes of a
municipal election if they designate the location and address of each of those combined voting
precincts.
(b) The polling place shall be within the combined voting precinct or within 1/2 mile
of the boundaries of the voting precinct.
(2) (a) The municipal legislative body of a city of the third, fourth, or fifth class[
,
] 
or
 a
town[
, or a metro township
] may combine two or more regular county voting precincts into one
municipal voting precinct for purposes of an election if it designates the location and address of
that combined voting precinct.
(b) If only two precincts are combined, the polling place shall be within the combined
precinct or within 1/2 mile of the boundaries of the combined voting precinct.
(c) If more than two precincts are combined, the polling place should be as near as
practical to the middle of the combined precinct.
Section 65. Section 
20A-6-401
 is amended to read:
20A-6-401.
Ballots for municipal primary elections.
(1) Each election officer shall ensure that:
(a) the following endorsements are printed in 18 point bold type:
(i) "Official Primary Ballot for ____ (City[
,
] 
or
 Town[
, or Metro Township
]), Utah";
(ii) the date of the election; and
(iii) a facsimile of the signature of the election officer and the election officer's title in
eight point type;
(b) immediately below the election officer's title, two one-point parallel horizontal
rules separate endorsements from the rest of the ballot;
(c) immediately below the horizontal rules, an "Instructions to Voters" section is
printed in 10 point bold type that states: "To vote for a candidate, mark the space following the
name(s) of the person(s) you favor as the candidate(s) for each respective office." followed by
two one-point parallel rules;
(d) after the rules, the designation of the office for which the candidates seek
nomination is printed and the words, "Vote for one" or "Vote for up to _____ (the number of
candidates for which the voter may vote)" are printed in 10-point bold type, followed by a
hair-line rule;
(e) after the hair-line rule, the names of the candidates are printed in heavy face type
between lines or rules three-eighths inch apart, in the order specified under Section 
20A-6-305
with surnames last and grouped according to the office that they seek;
(f) a square with sides not less than one-fourth inch long is printed immediately
adjacent to the names of the candidates; and
(g) the candidate groups are separated from each other by one light and one heavy line
or rule.
(2) A municipal primary ballot may not contain any space for write-in votes.
Section 66. Section 
20A-6-402
 is amended to read:
20A-6-402.
Ballots for municipal general elections.
(1) Except as otherwise required for a race conducted by instant runoff voting under
Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, for a manual
ballot at a municipal general election, an election officer shall ensure that:
(a) the names of the two candidates who received the highest number of votes for
mayor in the municipal primary are placed upon the ballot;
(b) if no municipal primary election was held, the names of the candidates who filed
declarations of candidacy for municipal offices are placed upon the ballot;
(c) for other offices:
(i) twice the number of candidates as there are positions to be filled are certified as
eligible for election in the municipal general election from those candidates who received the
greater number of votes in the primary election; and
(ii) the names of those candidates are placed upon the municipal general election
ballot;
(d) the names of the candidates are placed on the ballot in the order specified under
Section 
20A-6-305
;
(e) in an election in which a voter is authorized to cast a write-in vote and where a
write-in candidate is qualified under Section 
20A-9-601
, a write-in area is placed upon the
ballot that contains, for each office in which there is a qualified write-in candidate:
(i) a blank, horizontal line to enable a voter to submit a valid write-in candidate; and
(ii) a square or other conforming area that is adjacent to or opposite the blank
horizontal line to enable the voter to indicate the voter's vote;
(f) ballot propositions that have qualified for the ballot, including propositions
submitted to the voters by the municipality, municipal initiatives, and municipal referenda, are
listed on the ballot in accordance with Section 
20A-6-107
; and
(g) bond propositions that have qualified for the ballot are listed on the ballot under the
title assigned to each bond proposition under Section 
11-14-206
.
(2) Except as otherwise required for a race conducted by instant runoff voting under
Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, when using a
mechanical ballot at municipal general elections, each election officer shall ensure that:
(a) the following endorsements are displayed on the first portion of the ballot:
(i) "Official Ballot for ____ (City[
,
] 
or
 Town[
, or Metro Township
]), Utah";
(ii) the date of the election; and
(iii) a facsimile of the signature of the election officer and the election officer's title;
(b) immediately below the election officer's title, a distinct border or line separates the
endorsements from the rest of the ballot;
(c) immediately below the border or line, an "Instructions to Voters" section is
displayed that states: "To vote for a candidate, select the name(s) of the person(s) you favor as
the candidate(s) for each respective office." followed by another border or line;
(d) after the border or line, the designation of the office for which the candidates seek
election is displayed, and the words, "Vote for one" or "Vote for up to _____ (the number of
candidates for which the voter may vote)" are displayed, followed by a line or border;
(e) after the line or border, the names of the candidates are displayed in the order
specified under Section 
20A-6-305
 with surnames last and grouped according to the office that
they seek;
(f) a voting square or position is located adjacent to the name of each candidate;
(g) following the name of the last candidate for each office in which a write-in
candidate is qualified under Section 
20A-9-601
, the ballot contains a write-in space where the
voter may enter the name of and vote for a valid write-in candidate for the office; and
(h) the candidate groups are separated from each other by a line or border.
(3) When a municipality has chosen to nominate candidates by convention or
committee, the election officer shall ensure that the party name is included with the candidate's
name on the ballot.
Section 67. Section 
20A-7-101
 is amended to read:
20A-7-101.
Definitions.
As used in this chapter:
(1) "Approved device" means a device described in Subsection 
20A-21-201
(4) used to
gather signatures for the electronic initiative process, the electronic referendum process, or the
electronic candidate qualification process.
(2) "Budget officer" means:
(a) for a county, the person designated as finance officer as defined in Section 
17-36-3
;
(b) for a city, the person designated as budget officer in Subsection 
10-6-106
(4); 
or
(c) for a town, the town council[
; or
]
.
[
(d) for a metro township, the person described in Subsection (2)(a) for the county in
which the metro township is located.
]
(3) "Certified" means that the county clerk has acknowledged a signature as being the
signature of a registered voter.
(4) "Circulation" means the process of submitting an initiative petition or a referendum
petition to legal voters for their signature.
(5) "Electronic initiative process" means:
(a) as it relates to a statewide initiative, the process, described in Sections 
20A-7-215
and 
20A-21-201
, for gathering signatures; or
(b) as it relates to a local initiative, the process, described in Sections 
20A-7-514
 and
20A-21-201
, for gathering signatures.
(6) "Electronic referendum process" means:
(a) as it relates to a statewide referendum, the process, described in Sections
20A-7-313
 and 
20A-21-201
, for gathering signatures; or
(b) as it relates to a local referendum, the process, described in Sections 
20A-7-614
 and
20A-21-201
, for gathering signatures.
(7) "Eligible voter" means a legal voter who resides in the jurisdiction of the county,
city, or town that is holding an election on a ballot proposition.
(8) "Final fiscal impact statement" means a financial statement prepared after voters
approve an initiative that contains the information required by Subsection 
20A-7-202.5
(2) or
20A-7-502.5
(2).
(9) "Initial fiscal impact statement" means
a financial statement prepared under Section 
20A-7-202.5
 after the filing of a statewide
initiative application.
(10) "Initial fiscal impact and legal statement" means a financial and legal statement
prepared under Section 
20A-7-502.5
 or 
20A-7-602.5
 for a local initiative or a local
referendum.
(11) "Initiative" means a new law proposed for adoption by the public as provided in
this chapter.
(12) "Initiative application" means:
(a) for a statewide initiative, an application described in Subsection 
20A-7-202
(2) that
includes all the information, statements, documents, and notarized signatures required under
Subsection 
20A-7-202
(2); or
(b) for a local initiative, an application described in Subsection 
20A-7-502
(2) that
includes all the information, statements, documents, and notarized signatures required under
Subsection 
20A-7-502
(2).
(13) "Initiative packet" means a copy of the initiative petition, a copy of the proposed
law, and the signature sheets, all of which have been bound together as a unit.
(14) "Initiative petition":
(a) as it relates to a statewide initiative, using the manual initiative process:
(i) means the form described in Subsection 
20A-7-203
(2)(a), petitioning for
submission of the initiative to the Legislature or the legal voters; and
(ii) if the initiative proposes a tax increase, includes the statement described in
Subsection 
20A-7-203
(2)(b);
(b) as it relates to a statewide initiative, using the electronic initiative process:
(i) means the form described in Subsections 
20A-7-215
(2) and (3), petitioning for
submission of the initiative to the Legislature or the legal voters; and
(ii) if the initiative proposes a tax increase, includes the statement described in
Subsection 
20A-7-215
(5)(b);
(c) as it relates to a local initiative, using the manual initiative process:
(i) means the form described in Subsection 
20A-7-503
(2)(a), petitioning for
submission of the initiative to the legislative body or the legal voters; and
(ii) if the initiative proposes a tax increase, includes the statement described in
Subsection 
20A-7-503
(2)(b); or
(d) as it relates to a local initiative, using the electronic initiative process:
(i) means the form described in Subsection 
20A-7-514
(2)(a), petitioning for
submission of the initiative to the legislative body or the legal voters; and
(ii) if the initiative proposes a tax increase, includes the statement described in
Subsection 
20A-7-514
(4)(a).
(15) (a) "Land use law" means a law of general applicability, enacted based on the
weighing of broad, competing policy considerations, that relates to the use of land, including
land use regulation, a general plan, a land use development code, an annexation ordinance, the
rezoning of a single property or multiple properties, or a comprehensive zoning ordinance or
resolution.
(b) "Land use law" does not include a land use decision, as defined in Section
10-9a-103
 or 
17-27a-103
.
(16) "Legal signatures" means the number of signatures of legal voters that:
(a) meet the numerical requirements of this chapter; and
(b) have been obtained, certified, and verified as provided in this chapter.
(17) "Legal voter" means an individual who is registered to vote in Utah.
(18) "Legally referable to voters" means:
(a) for a proposed local initiative, that the proposed local initiative is legally referable
to voters under Section 
20A-7-502.7
; or
(b) for a proposed local referendum, that the proposed local referendum is legally
referable to voters under Section 
20A-7-602.7
.
(19) "Local attorney" means the county attorney, city attorney, or town attorney in
whose jurisdiction a local initiative or referendum petition is circulated.
(20) "Local clerk" means the county clerk, city recorder, or town clerk in whose
jurisdiction a local initiative or referendum petition is circulated.
(21) (a) "Local law" includes:
(i) an ordinance;
(ii) a resolution;
(iii) a land use law;
(iv) a land use regulation, as defined in Section 
10-9a-103
; or
(v) other legislative action of a local legislative body.
(b) "Local law" does not include a land use decision, as defined in Section 
10-9a-103
.
(22) "Local legislative body" means the legislative body of a county, city, 
or
 town[
, or
metro township
].
(23) "Local obligation law" means a local law passed by the local legislative body
regarding a bond that was approved by a majority of qualified voters in an election.
(24) "Local tax law" means a law, passed by a political subdivision with an annual or
biannual calendar fiscal year, that increases a tax or imposes a new tax.
(25) "Manual initiative process" means the process for gathering signatures for an
initiative using paper signature packets that a signer physically signs.
(26) "Manual referendum process" means the process for gathering signatures for a
referendum using paper signature packets that a signer physically signs.
(27) "Measure" means a proposed constitutional amendment, an initiative, or
referendum.
(28) "Referendum" means a process by which a law passed by the Legislature or by a
local legislative body is submitted or referred to the voters for their approval or rejection.
(29) "Referendum application" means:
(a) for a statewide referendum, an application described in Subsection 
20A-7-302
(2)
that includes all the information, statements, documents, and notarized signatures required
under Subsection 
20A-7-302
(2); or
(b) for a local referendum, an application described in Subsection 
20A-7-602
(2) that
includes all the information, statements, documents, and notarized signatures required under
Subsection 
20A-7-602
(2).
(30) "Referendum packet" means a copy of the referendum petition, a copy of the law
being submitted or referred to the voters for their approval or rejection, and the signature
sheets, all of which have been bound together as a unit.
(31) "Referendum petition" means:
(a) as it relates to a statewide referendum, using the manual referendum process, the
form described in Subsection 
20A-7-303
(2)(a), petitioning for submission of a law passed by
the Legislature to legal voters for their approval or rejection;
(b) as it relates to a statewide referendum, using the electronic referendum process, the
form described in Subsection 
20A-7-313
(2), petitioning for submission of a law passed by the
Legislature to legal voters for their approval or rejection;
(c) as it relates to a local referendum, using the manual referendum process, the form
described in Subsection 
20A-7-603
(2)(a), petitioning for submission of a local law to legal
voters for their approval or rejection; or
(d) as it relates to a local referendum, using the electronic referendum process, the form
described in Subsection 
20A-7-614
(2), petitioning for submission of a local law to legal voters
for their approval or rejection.
(32) "Signature":
(a) for a statewide initiative:
(i) as it relates to the electronic initiative process, means an electronic signature
collected under Section 
20A-7-215
 and Subsection 
20A-21-201
(6)(c); or
(ii) as it relates to the manual initiative process:
(A) means a holographic signature collected physically on a signature sheet described
in Section 
20A-7-203
; and
(B) does not include an electronic signature;
(b) for a statewide referendum:
(i) as it relates to the electronic referendum process, means an electronic signature
collected under Section 
20A-7-313
 and Subsection 
20A-21-201
(6)(c); or
(ii) as it relates to the manual referendum process:
(A) means a holographic signature collected physically on a signature sheet described
in Section 
20A-7-303
; and
(B) does not include an electronic signature;
(c) for a local initiative:
(i) as it relates to the electronic initiative process, means an electronic signature
collected under Section 
20A-7-514
 and Subsection 
20A-21-201
(6)(c); or
(ii) as it relates to the manual initiative process:
(A) means a holographic signature collected physically on a signature sheet described
in Section 
20A-7-503
; and
(B) does not include an electronic signature; or
(d) for a local referendum:
(i) as it relates to the electronic referendum process, means an electronic signature
collected under Section 
20A-7-614
 and Subsection 
20A-21-201
(6)(c); or
(ii) as it relates to the manual referendum process:
(A) means a holographic signature collected physically on a signature sheet described
in Section 
20A-7-603
; and
(B) does not include an electronic signature.
(33) "Signature sheets" means sheets in the form required by this chapter that are used
under the manual initiative process or the manual referendum process to collect signatures in
support of an initiative or referendum.
(34) "Special local ballot proposition" means a local ballot proposition that is not a
standard local ballot proposition.
(35) "Sponsors" means the legal voters who support the initiative or referendum and
who sign the initiative application or referendum application.
(36) (a) "Standard local ballot proposition" means a local ballot proposition for an
initiative or a referendum.
(b) "Standard local ballot proposition" does not include a property tax referendum
described in Section 
20A-7-613
.
(37) "Tax percentage difference" means the difference between the tax rate proposed
by an initiative or an initiative petition and the current tax rate.
(38) "Tax percentage increase" means a number calculated by dividing the tax
percentage difference by the current tax rate and rounding the result to the nearest thousandth.
(39) "Verified" means acknowledged by the person circulating the petition as required
in Section 
20A-7-105
.
Section 68. Section 
20A-7-401.3
 is amended to read:
20A-7-401.3.
Voter participation areas.
(1) (a) Except as provided in Subsection (2):
(i) [
a metro township with a population of 65,000 or more,
] a city of the first or second
class[
,
] or a county of the first or second class shall, no later than January 1, 2020, again on
January 1, 2022, and January 1 each 10 years after 2022, divide the [
metro township,
] city[
,
] or
county into eight contiguous and compact voter participation areas of substantially equal
population; and
(ii) [
a metro township with a population of 10,000 or more,
] a city of the third or fourth
class[
,
] or a county of the third or fourth class shall, no later than January 1, 2020, again on
January 1, 2022, and January 1 each 10 years after 2022, divide the [
metro township,
] city[
,
] or
county into four contiguous and compact voter participation areas of substantially equal
population.
(b) A [
metro township,
] city[
,
] or county shall use the voter participation areas
described in Subsection (1)(a) or (2)(b) for the purpose described in Sections 
20A-7-501
 and
20A-7-601
.
(2) (a) This section does not apply to [
a metro township with a population of less than
10,000,
] a county of the fifth or sixth class, a city of the fifth class, or a town.
(b) A [
metro township,
] city[
,
] or county that has established council districts that are
not at-large districts may, regardless of the number of council districts that are not at-large
districts, use the council districts as voter participation areas under this section.
Section 69. Section 
20A-7-501
 is amended to read:
20A-7-501.
Initiatives -- Signature requirements -- Time requirements.
(1) As used in this section:
(a) "Number of active voters" means the number of active voters in the county, city, or
town on the immediately preceding January 1.
(b) "Voter participation area" means an area described in Subsection 
20A-7-401.3
(1)(a)
or (2)(b).
(2) An eligible voter seeking to have an initiative submitted to a local legislative body
or to a vote of the people for approval or rejection shall, after filing an initiative application,
obtain legal signatures equal to:
(a) for a county of the first class:
(i) 7.75% of the number of active voters in the county; and
(ii) beginning on January 1, 2020, 7.75% of the number of active voters in at least 75%
of the county's voter participation areas;
(b) for [
a metro township with a population of 100,000 or more, or
] a city of the first
class:
(i) 7.5% of the number of active voters in the [
metro township or
] city; and
(ii) beginning on January 1, 2020, 7.5% of the number of active voters in at least 75%
of the [
metro township's or
] city's voter participation areas;
(c) for a county of the second class:
(i) 8% of the number of active voters in the county; and
(ii) beginning on January 1, 2020, 8% of the number of active voters in at least 75% of
the county's voter participation areas;
(d) for [
a metro township with a population of 65,000 or more but less than 100,000,
or
] a city of the second class:
(i) 8.25% of the number of active voters in the [
metro township or
] city; and
(ii) beginning on January 1, 2020, 8.25% of the number of active voters in at least 75%
of the [
metro township's or
] city's voter participation areas;
(e) for a county of the third class:
(i) 9.5% of the number of active voters in the county; and
(ii) beginning on January 1, 2020, 9.5% of the number of active voters in at least 75%
of the county's voter participation areas;
(f) for [
a metro township with a population of 30,000 or more but less than 65,000, or
]
a city of the third class:
(i) 10% of the number of active voters in the [
metro township or
] city; and
(ii) beginning on January 1, 2020, 10% of the number of active voters in at least 75%
of the [
metro township's or
] city's voter participation areas;
(g) for a county of the fourth class:
(i) 11.5% of the number of active voters in the county; and
(ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75%
of the county's voter participation areas;
(h) for [
a metro township with a population of 10,000 or more but less than 30,000, or
]
a city of the fourth class:
(i) 11.5% of the number of active voters in the [
metro township or
] city; and
(ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75%
of the [
metro township's or
] city's voter participation areas;
(i) for [
a metro township with a population of 1,000 or more but less than 10,000,
] a
city of the fifth class[
,
] or a county of the fifth class, 25% of the number of active voters in the
[
metro township,
] city[
,
] or county; or
(j) for [
a metro township with a population of less than 1,000,
] a town[
,
] or a county of
the sixth class, 35% of the number of active voters in the [
metro township,
] town[
,
] or county.
(3) If the total number of certified signatures collected for the initiative petition equals
or exceeds the number of signatures required by this section, the clerk or recorder shall deliver
the proposed law to the local legislative body at the local legislative body's next meeting.
(4) (a) The local legislative body shall either adopt or reject the proposed law without
change or amendment within 30 days after the day on which the local legislative body receives
the proposed law under Subsection (3).
(b) The local legislative body may:
(i) adopt the proposed law and refer the proposed law to the people;
(ii) adopt the proposed law without referring the proposed law to the people; or
(iii) reject the proposed law.
(c) If the local legislative body adopts the proposed law but does not refer the proposed
law to the people, the proposed law is subject to referendum as with other local laws.
(d) (i) If a county legislative body rejects a proposed law, or takes no action on a
proposed law, the county clerk shall submit the proposed law to the voters of the county at the
next regular general election immediately after the initiative application for the proposed law is
filed under Section 
20A-7-502
.
(ii) If a local legislative body of a municipality rejects a proposed law, or takes no
action on a proposed law, the municipal recorder or clerk shall submit the proposed law to the
voters of the municipality at the next municipal general election immediately after the initiative
application is filed under Section 
20A-7-502
.
(e) (i) If a local legislative body rejects a proposed law, or takes no action on a
proposed law, the local legislative body may adopt a competing local law.
(ii) The local legislative body shall prepare and adopt the competing local law within
the 30-day period described in Subsection (4)(a).
(iii) If a local legislative body adopts a competing local law, the clerk or recorder shall
refer the competing local law to the voters of the county or municipality at the same election at
which the law proposed by initiative is submitted under Subsection (4)(d).
(f) If conflicting local laws are submitted to the people at the same election and two or
more of the conflicting measures are approved by the people, the proposed law that receives the
greatest number of affirmative votes shall control all conflicts.
Section 70. Section 
20A-7-502.7
 is amended to read:
20A-7-502.7.
Referability to voters.
(1) Within 20 days after the day on which an eligible voter files an initiative
application under Section 
20A-7-502
, counsel for the county, city, 
or
 town[
, or metro
township
] to which the initiative pertains shall:
(a) review the proposed law that is the subject of the initiative application to determine
whether the law is legally referable to voters; and
(b) notify the first three sponsors, in writing, whether the proposed law is:
(i) legally referable to voters; or
(ii) rejected as not legally referable to voters.
(2) A proposed law that is the subject of an initiative application is legally referable to
voters unless:
(a) the proposed law:
(i) is patently unconstitutional;
(ii) is nonsensical;
(iii) is administrative, rather than legislative, in nature;
(iv) could not become law if passed;
(v) contains more than one subject as evaluated in accordance with Subsection
20A-7-502
(3); or
(b) is identical or substantially similar to a legally referable proposed law sought by an
initiative application submitted to the local clerk, under Section 
20A-7-502
, within two years
before the day on which the initiative application for the current proposed law is filed;
(c) the subject of the proposed law is not clearly expressed in the law's title; or
(d) the initiative application was not timely filed or does not comply with the
requirements of this part.
(3) After the end of the 20-day period described in Subsection (1), a county, city, 
or
town[
, or metro township
] may not:
(a) reject a proposed initiative as not legally referable to voters; or
(b) bring a legal action, other than to appeal a court decision, challenging a proposed
initiative on the grounds that the proposed initiative is not legally referable to voters.
(4) If a county, city, 
or
 town[
, or metro township
] rejects a proposed initiative, a
sponsor of the proposed initiative may, within 10 days after the day on which a sponsor is
notified under Subsection (1)(b), appeal the decision to:
(a) district court; or
(b) the Supreme Court, if the Supreme Court has original jurisdiction over the appeal.
(5) If, on appeal, the court determines that the law proposed by the initiative
application is legally referable to voters, the local clerk shall comply with Subsection
20A-7-504
(3), or give the sponsors access to the website defined in Section 
20A-21-101
,
within five days after the day on which the determination, and any appeal of the determination,
is final.
Section 71. Section 
20A-7-504
 is amended to read:
20A-7-504.
Manual initiative process -- Circulation requirements -- Local clerk to
provide sponsors with materials.
(1) This section applies only to the manual initiative process.
(2) In order to obtain the necessary number of signatures required by this part, the
sponsors or an agent of the sponsors shall, after the sponsors receive the documents described
in Subsections (3) and 
20A-7-401.5
(4)(b), circulate initiative packets that meet the form
requirements of this part.
(3) Within five days after the day on which a county, city, town, [
metro township,
] or
court determines, in accordance with Section 
20A-7-502.7
, that a law proposed in an initiative
petition is legally referable to voters, the local clerk shall provide to the sponsors:
(a) a copy of the initiative petition; and
(b) a signature sheet.
(4) The sponsors of the initiative shall:
(a) arrange and pay for the printing of all documents that are part of the initiative
packets; and
(b) ensure that the initiative packets and the documents described in Subsection (4)(a)
meet the requirements of this part.
(5) (a) The sponsors or an agent of the sponsors may prepare the initiative packets for
circulation by creating multiple initiative packets.
(b) The sponsors or an agent of the sponsors shall create initiative packets by binding a
copy of the initiative petition with the text of the proposed law and no more than 50 signature
sheets together at the top in a manner that the initiative packets may be conveniently opened for
signing.
(c) An initiative packet is not required to have a uniform number of signature sheets.
(d) The sponsors or an agent of the sponsors shall include, with each initiative packet, a
copy of the proposition information pamphlet provided to the sponsors under Subsection
20A-7-401.5
(4)(b).
(6) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:
(i) contact the county clerk to receive a range of numbers that the sponsors may use to
number initiative packets; and
(ii) number each initiative packet, sequentially, within the range of numbers provided
by the county clerk, starting with the lowest number in the range.
(b) The sponsors or an agent of the sponsors may not:
(i) number an initiative packet in a manner not directed by the county clerk; or
(ii) circulate or submit an initiative packet that is not numbered in the manner directed
by the county clerk.
(c) The county clerk shall keep a record of the number range provided under
Subsection (6)(a).
Section 72. Section 
20A-7-601
 is amended to read:
20A-7-601.
Referenda -- General signature requirements -- Signature
requirements for land use laws, subjurisdictional laws, and transit area land use laws --
Time requirements.
(1) As used in this section:
(a) "Number of active voters" means the number of active voters in the county, city, or
town on the immediately preceding January 1.
(b) "Qualifying county" means a county that has created a small public transit district,
as defined in Section 
17B-2a-802
, on or before January 1, 2022.
(c) "Qualifying transit area" means:
(i) a station area, as defined in Section 
10-9a-403.1
, for which the municipality with
jurisdiction over the station area has satisfied the requirements of Subsection
10-9a-403.1
(2)(a)(i), as demonstrated by the adoption of a station area plan or resolution under
Subsection 
10-9a-403.1
(2); or
(ii) a housing and transit reinvestment zone, as defined in Section 
63N-3-602
, created
within a qualifying county.
(d) "Subjurisdiction" means an area comprised of all precincts and subprecincts in the
jurisdiction of a county, city, or town that are subject to a subjurisdictional law.
(e) (i) "Subjurisdictional law" means a local law or local obligation law passed by a
local legislative body that imposes a tax or other payment obligation on property in an area that
does not include all precincts and subprecincts under the jurisdiction of the county, city, 
or
town[
, or metro township
].
(ii) "Subjurisdictional law" does not include a land use law.
(f) "Transit area land use law" means a land use law that relates to the use of land
within a qualifying transit area.
(g) "Voter participation area" means an area described in Subsection 
20A-7-401.3
(1)(a)
or (2)(b).
(2) Except as provided in Subsections (3) through (5), an eligible voter seeking to have
a local law passed by the local legislative body submitted to a vote of the people shall, after
filing a referendum application, obtain legal signatures equal to:
(a) for a county of the first class:
(i) 7.75% of the number of active voters in the county; and
(ii) beginning on January 1, 2020, 7.75% of the number of active voters in at least 75%
of the county's voter participation areas;
(b) for [
a metro township with a population of 100,000 or more, or
] a city of the first
class:
(i) 7.5% of the number of active voters in the [
metro township or
] city; and
(ii) beginning on January 1, 2020, 7.5% of the number of active voters in at least 75%
of the [
metro township's or
] city's voter participation areas;
(c) for a county of the second class:
(i) 8% of the number of active voters in the county; and
(ii) beginning on January 1, 2020, 8% of the number of active voters in at least 75% of
the county's voter participation areas;
(d) for [
a metro township with a population of 65,000 or more but less than 100,000,
or
] a city of the second class:
(i) 8.25% of the number of active voters in the [
metro township or
] city; and
(ii) beginning on January 1, 2020, 8.25% of the number of active voters in at least 75%
of the [
metro township's or
] city's voter participation areas;
(e) for a county of the third class:
(i) 9.5% of the number of active voters in the county; and
(ii) beginning on January 1, 2020, 9.5% of the number of active voters in at least 75%
of the county's voter participation areas;
(f) for [
a metro township with a population of 30,000 or more but less than 65,000, or
]
a city of the third class:
(i) 10% of the number of active voters in the [
metro township or
] city; and
(ii) beginning on January 1, 2020, 10% of the number of active voters in at least 75%
of the [
metro township's or
] city's voter participation areas;
(g) for a county of the fourth class:
(i) 11.5% of the number of active voters in the county; and
(ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75%
of the county's voter participation areas;
(h) for [
a metro township with a population of 10,000 or more but less than 30,000, or
]
a city of the fourth class:
(i) 11.5% of the number of active voters in the [
metro township or
] city; and
(ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75%
of the [
metro township's or
] city's voter participation areas;
(i) for [
a metro township with a population of 1,000 or more but less than 10,000,
] a
city of the fifth class[
,
] or a county of the fifth class, 25% of the number of active voters in the
[
metro township,
] city[
,
] or county; or
(j) for [
a metro township with a population of less than 1,000,
] a town[
,
] or a county of
the sixth class, 35% of the number of active voters in the [
metro township,
] town[
,
] or county.
(3) Except as provided in Subsection (4) or (5), an eligible voter seeking to have a land
use law or local obligation law passed by the local legislative body submitted to a vote of the
people shall, after filing a referendum application, obtain legal signatures equal to:
(a) for a county of the first, second, third, or fourth class:
(i) 16% of the number of active voters in the county; and
(ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
of the county's voter participation areas;
(b) for a county of the fifth or sixth class:
(i) 16% of the number of active voters in the county; and
(ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
of the county's voter participation areas;
(c) for [
a metro township with a population of 100,000 or more, or
] a city of the first
class:
(i) 15% of the number of active voters in the [
metro township or
] city; and
(ii) beginning on January 1, 2020, 15% of the number of active voters in at least 75%
of the [
metro township's or
] city's voter participation areas;
(d) for [
a metro township with a population of 65,000 or more but less than 100,000,
]
or a city of the second class:
(i) 16% of the number of active voters in the [
metro township or
] city; and
(ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
of the [
metro township's or
] city's voter participation areas;
(e) for [
a metro township with a population of 30,000 or more but less than 65,000, or
]
a city of the third class:
(i) 27.5% of the number of active voters in the [
metro township or
] city; and
(ii) beginning on January 1, 2020, 27.5% of the number of active voters in at least 75%
of the [
metro township's or
] city's voter participation areas;
(f) for [
a metro township with a population of 10,000 or more but less than 30,000, or
]
a city of the fourth class:
(i) 29% of the number of active voters in the [
metro township or
] city; and
(ii) beginning on January 1, 2020, 29% of the number of active voters in at least 75%
of the [
metro township's or
] city's voter participation areas;
(g) for [
a metro township with a population of 1,000 or more but less than 10,000, or
] a
city of the fifth class, 35% of the number of active voters in the [
metro township or
] city; or
(h) for [
a metro township with a population of less than 1,000 or
] a town, 40% of the
number of active voters in the [
metro township or
] town.
(4) A person seeking to have a subjurisdictional law passed by the local legislative
body submitted to a vote of the people shall, after filing a referendum application, obtain legal
signatures of the residents in the subjurisdiction equal to:
(a) 10% of the number of active voters in the subjurisdiction if the number of active
voters exceeds 25,000;
(b) 12-1/2% of the number of active voters in the subjurisdiction if the number of
active voters does not exceed 25,000 but is more than 10,000;
(c) 15% of the number of active voters in the subjurisdiction if the number of active
voters does not exceed 10,000 but is more than 2,500;
(d) 20% of the number of active voters in the subjurisdiction if the number of active
voters does not exceed 2,500 but is more than 500;
(e) 25% of the number of active voters in the subjurisdiction if the number of active
voters does not exceed 500 but is more than 250; and
(f) 30% of the number of active voters in the subjurisdiction if the number of active
voters does not exceed 250.
(5) An eligible voter seeking to have a transit area land use law passed by the local
legislative body submitted to a vote of the people shall, after filing a referendum application,
obtain legal signatures equal to:
(a) for a county:
(i) 20% of the number of active voters in the county; and
(ii) 21% of the number of active voters in at least 75% of the county's voter
participation areas;
(b) for [
a metro township with a population of 100,000 or more, or
] a city of the first
class:
(i) 20% of the number of active voters in the [
metro township or
] city; and
(ii) 20% of the number of active voters in at least 75% of the [
metro township's or
]
city's voter participation areas;
(c) for [
a metro township with a population of 65,000 or more but less than 100,000,
or
] a city of the second class:
(i) 20% of the number of active voters in the [
metro township or
] city; and
(ii) 21% of the number of active voters in at least 75% of the [
metro township's or
]
city's voter participation areas;
(d) for [
a metro township with a population of 30,000 or more but less than 65,000, or
]
a city of the third class:
(i) 34% of the number of active voters in the [
metro township or
] city; and
(ii) 34% of the number of active voters in at least 75% of the [
metro township's or
]
city's voter participation areas;
(e) for [
a metro township with a population of 10,000 or more but less than 30,000, or
]
a city of the fourth class:
(i) 36% of the number of active voters in the [
metro township or
] city; and
(ii) 36% of the number of active voters in at least 75% of the [
metro township's or
]
city's voter participation areas; or
(f) for [
a metro township with a population less than 10,000,
] a city of the fifth class[
,
]
or a town, 40% of the number of active voters in the [
metro township,
] city[
,
] or town.
(6) Sponsors of any referendum petition challenging, under Subsection (2), (3), (4), or
(5), any local law passed by a local legislative body shall file the application before 5 p.m.
within seven days after the day on which the local law was passed.
(7) Nothing in this section authorizes a local legislative body to impose a tax or other
payment obligation on a subjurisdiction in order to benefit an area outside of the
subjurisdiction.
Section 73. Section 
20A-7-602.7
 is amended to read:
20A-7-602.7.
Referability to voters of local law other than land use law.
(1) Within 20 days after the day on which an eligible voter files a referendum
application under Section 
20A-7-602
 for a local law other than a land use law, counsel for the
county, city, 
or
 town[
, or metro township
] to which the referendum pertains shall:
(a) review the referendum application to determine whether the proposed referendum is
legally referable to voters; and
(b) notify the first three sponsors, in writing, whether the proposed referendum is:
(i) legally referable to voters; or
(ii) rejected as not legally referable to voters.
(2) For a local law other than a land use law, a proposed referendum is legally referable
to voters unless:
(a) the proposed referendum challenges an action that is administrative, rather than
legislative, in nature;
(b) the proposed referendum challenges more than one law passed by the local
legislative body; or
(c) the referendum application was not timely filed or does not comply with the
requirements of this part.
(3) After the end of the 20-day period described in Subsection (1), a county, city, 
or
town[
, or metro township
] may not, for a local law other than a land use law:
(a) reject a proposed referendum as not legally referable to voters; or
(b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a
proposed referendum on the grounds that the proposed referendum is not legally referable to
voters.
(4) (a) If, under Subsection (1)(b)(ii), a county, city, 
or
 town[
, or metro township
]
rejects a proposed referendum concerning a local law other than a land use law, a sponsor of
the proposed referendum may, within 10 days after the day on which a sponsor is notified
under Subsection (1)(b), challenge or appeal the decision to:
(i) the Supreme Court, by means of an extraordinary writ, if possible; or
(ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ
under Subsection (4)(a)(i).
(b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection
(4)(a) terminates the referendum.
(5) If, on a challenge or appeal, the court determines that the proposed referendum
described in Subsection (4) is legally referable to voters, the local clerk shall comply with
Subsection 
20A-7-604
(3), or give the sponsors access to the website defined in Section
20A-21-101
, within five days after the day on which the determination, and any challenge or
appeal of the determination, is final.
Section 74. Section 
20A-7-602.8
 is amended to read:
20A-7-602.8.
Referability to voters of local land use law.
(1) Within 20 days after the day on which a referendum eligible voter files an
application under Section 
20A-7-602
 for a land use law, counsel for the county, city, 
or
 town[
,
or metro township
] to which the referendum pertains shall:
(a) review the referendum application to determine whether the proposed referendum is
legally referable to voters; and
(b) notify the first three sponsors, in writing, whether the proposed referendum is:
(i) legally referable to voters; or
(ii) rejected as not legally referable to voters.
(2) (a) Subject to Subsection (2)(b), for a land use law, a proposed referendum is
legally referable to voters unless:
(i) the proposed referendum challenges an action that is administrative, rather than
legislative, in nature;
(ii) the proposed referendum challenges a land use decision, rather than a land use
regulation, as those terms are defined in Section 
10-9a-103
 or 
17-27a-103
;
(iii) the proposed referendum challenges more than one law passed by the local
legislative body; or
(iv) the referendum application was not timely filed or does not comply with the
requirements of this part.
(b) In addition to the limitations of Subsection (2)(a), a proposed referendum is not
legally referable to voters for a:
(i) municipal land use law, as defined in Section 
20A-7-101
, if the land use law was
passed by a unanimous vote of the local legislative body; or
(ii) transit area land use law, as defined in Section 
20A-7-601
, if the transit area land
use law was passed by a two-thirds vote of the local legislative body.
(3) After the end of the 20-day period described in Subsection (1), a county, city, 
or
town[
, or metro township
] may not, for a land use law:
(a) reject a proposed referendum as not legally referable to voters; or
(b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a
proposed referendum on the grounds that the proposed referendum is not legally referable to
voters.
(4) (a) If a county, city, 
or
 town[
, or metro township
] rejects a proposed referendum
concerning a land use law, a sponsor of the proposed referendum may, within seven days after
the day on which a sponsor is notified under Subsection (1)(b), challenge or appeal the decision
to:
(i) the Supreme Court, by means of an extraordinary writ, if possible; or
(ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ
under Subsection (4)(a)(i).
(b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection
(4)(a) terminates the referendum.
(5) If, on challenge or appeal, the court determines that the proposed referendum is
legally referable to voters, the local clerk shall comply with Subsection 
20A-7-604
(3), or give
the sponsors access to the website defined in Section 
20A-21-101
, within five days after the
day on which the determination, and any challenge or appeal of the determination, is final.
Section 75. Section 
20A-7-604
 is amended to read:
20A-7-604.
Manual referendum process -- Circulation requirements -- Local
clerk to provide sponsors with materials.
(1) This section applies only to the manual referendum process.
(2) In order to obtain the necessary number of signatures required by this part, the
sponsors or an agent of the sponsors shall, after the sponsors receive the documents described
in Subsections (3) and 
20A-7-401.5
(4)(b), circulate referendum packets that meet the form
requirements of this part.
(3) Within five days after the day on which a county, city, town, [
metro township,
] or
court determines, in accordance with Section 
20A-7-602.7
, that a proposed referendum is
legally referable to voters, the local clerk shall provide the sponsors with
a copy of the referendum petition and a signature sheet.
(4) The sponsors of the referendum petition shall:
(a) arrange and pay for the printing of all documents that are part of the referendum
packets; and
(b) ensure that the referendum packets and the documents described in Subsection
(4)(a) meet the form requirements of this section.
(5) (a) The sponsors or an agent of the sponsors may prepare the referendum packets
for circulation by creating multiple referendum packets.
(b) The sponsors or an agent of the sponsors shall create referendum packets by
binding a copy of the referendum petition with the text of the law that is the subject of the
referendum and no more than 50 signature sheets together at the top in a manner that the
referendum packets may be conveniently opened for signing.
(c) A referendum packet is not required to have a uniform number of signature sheets.
(d) The sponsors or an agent of the sponsors shall include, with each packet, a copy of
the proposition information pamphlet provided to the sponsors under Subsection
20A-7-401.5
(4)(b).
(6) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:
(i) contact the county clerk to receive a range of numbers that the sponsors may use to
number referendum packets;
(ii) sign an agreement with the local clerk, specifying the range of numbers that the
sponsor will use to number the referendum packets; and
(iii) number each referendum packet, sequentially, within the range of numbers
provided by the county clerk, starting with the lowest number in the range.
(b) The sponsors or an agent of the sponsors may not:
(i) number a referendum packet in a manner not directed by the county clerk; or
(ii) circulate or submit a referendum packet that is not numbered in the manner
directed by the county clerk.
Section 76. Section 
20A-11-101
 is amended to read:
20A-11-101.
Definitions.
As used in this chapter:
(1) (a) "Address" means the number and street where an individual resides or where a
reporting entity has its principal office.
(b) "Address" does not include a post office box.
(2) "Agent of a reporting entity" means:
(a) a person acting on behalf of a reporting entity at the direction of the reporting
entity;
(b) a person employed by a reporting entity in the reporting entity's capacity as a
reporting entity;
(c) the personal campaign committee of a candidate or officeholder;
(d) a member of the personal campaign committee of a candidate or officeholder in the
member's capacity as a member of the personal campaign committee of the candidate or
officeholder; or
(e) a political consultant of a reporting entity.
(3) "Ballot proposition" includes initiatives, referenda, proposed constitutional
amendments, and any other ballot propositions submitted to the voters that are authorized by
the Utah Code Annotated 1953.
(4) "Candidate" means any person who:
(a) files a declaration of candidacy for a public office; or
(b) receives contributions, makes expenditures, or gives consent for any other person to
receive contributions or make expenditures to bring about the person's nomination or election
to a public office.
(5) "Chief election officer" means:
(a) the lieutenant governor for state office candidates, legislative office candidates,
officeholders, political parties, political action committees, corporations, political issues
committees, state school board candidates, judges, and labor organizations, as defined in
Section 
20A-11-1501
; and
(b) the county clerk for local school board candidates.
(6) (a) "Contribution" means any of the following when done for political purposes:
(i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
value given to the filing entity;
(ii) an express, legally enforceable contract, promise, or agreement to make a gift,
subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
anything of value to the filing entity;
(iii) any transfer of funds from another reporting entity to the filing entity;
(iv) compensation paid by any person or reporting entity other than the filing entity for
personal services provided without charge to the filing entity;
(v) remuneration from:
(A) any organization or its directly affiliated organization that has a registered lobbyist;
or
(B) any agency or subdivision of the state, including school districts;
(vi) a loan made by a candidate deposited to the candidate's own campaign; and
(vii) in-kind contributions.
(b) "Contribution" does not include:
(i) services provided by individuals volunteering a portion or all of their time on behalf
of the filing entity if the services are provided without compensation by the filing entity or any
other person;
(ii) money lent to the filing entity by a financial institution in the ordinary course of
business;
(iii) goods or services provided for the benefit of a political entity at less than fair
market value that are not authorized by or coordinated with the political entity; or
(iv) data or information described in Subsection (24)(b).
(7) "Coordinated with" means that goods or services provided for the benefit of a
political entity are provided:
(a) with the political entity's prior knowledge, if the political entity does not object;
(b) by agreement with the political entity;
(c) in coordination with the political entity; or
(d) using official logos, slogans, and similar elements belonging to a political entity.
(8) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
organization that is registered as a corporation or is authorized to do business in a state and
makes any expenditure from corporate funds for:
(i) the purpose of expressly advocating for political purposes; or
(ii) the purpose of expressly advocating the approval or the defeat of any ballot
proposition.
(b) "Corporation" does not mean:
(i) a business organization's political action committee or political issues committee; or
(ii) a business entity organized as a partnership or a sole proprietorship.
(9) "County political party" means, for each registered political party, all of the persons
within a single county who, under definitions established by the political party, are members of
the registered political party.
(10) "County political party officer" means a person whose name is required to be
submitted by a county political party to the lieutenant governor in accordance with Section
20A-8-402
.
(11) "Detailed listing" means:
(a) for each contribution or public service assistance:
(i) the name and address of the individual or source making the contribution or public
service assistance, except to the extent that the name or address of the individual or source is
unknown;
(ii) the amount or value of the contribution or public service assistance; and
(iii) the date the contribution or public service assistance was made; and
(b) for each expenditure:
(i) the amount of the expenditure;
(ii) the goods or services acquired by the expenditure; and
(iii) the date the expenditure was made.
(12) (a) "Donor" means a person that gives money, including a fee, due, or assessment
for membership in the corporation, to a corporation without receiving full and adequate
consideration for the money.
(b) "Donor" does not include a person that signs a statement that the corporation may
not use the money for an expenditure or political issues expenditure.
(13) "Election" means each:
(a) regular general election;
(b) regular primary election; and
(c) special election at which candidates are eliminated and selected.
(14) "Electioneering communication" means a communication that:
(a) has at least a value of $10,000;
(b) clearly identifies a candidate or judge; and
(c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
identified candidate's or judge's election date.
(15) (a) "Expenditure" means any of the following made by a reporting entity or an
agent of a reporting entity on behalf of the reporting entity:
(i) any disbursement from contributions, receipts, or from the separate bank account
required by this chapter;
(ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
or anything of value made for political purposes;
(iii) an express, legally enforceable contract, promise, or agreement to make any
purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
value for political purposes;
(iv) compensation paid by a filing entity for personal services rendered by a person
without charge to a reporting entity;
(v) a transfer of funds between the filing entity and a candidate's personal campaign
committee;
(vi) goods or services provided by the filing entity to or for the benefit of another
reporting entity for political purposes at less than fair market value; or
(vii) an independent expenditure, as defined in Section 
20A-11-1702
.
(b) "Expenditure" does not include:
(i) services provided without compensation by individuals volunteering a portion or all
of their time on behalf of a reporting entity;
(ii) money lent to a reporting entity by a financial institution in the ordinary course of
business; or
(iii) anything listed in Subsection (15)(a) that is given by a reporting entity to
candidates for office or officeholders in states other than Utah.
(16) "Federal office" means the office of president of the United States, United States
Senator, or United States Representative.
(17) "Filing entity" means the reporting entity that is required to file a financial
statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
(18) "Financial statement" includes any summary report, interim report, verified
financial statement, or other statement disclosing contributions, expenditures, receipts,
donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial
Retention Elections.
(19) "Governing board" means the individual or group of individuals that determine the
candidates and committees that will receive expenditures from a political action committee,
political party, or corporation.
(20) "Incorporation" means the process established by Title 10, Chapter 2a, Municipal
Incorporation, by which a geographical area becomes legally recognized as a city[
,
] 
or
 town[
,
or metro township
].
(21) "Incorporation election" means the election conducted under Section 
10-2a-210
[
or 
10-2a-404
].
(22) "Incorporation petition" means a petition described in Section 
10-2a-208
.
(23) "Individual" means a natural person.
(24) (a) "In-kind contribution" means anything of value, other than money, that is
accepted by or coordinated with a filing entity.
(b) "In-kind contribution" does not include survey results, voter lists, voter contact
information, demographic data, voting trend data, or other information that:
(i) is not commissioned for the benefit of a particular candidate or officeholder; and
(ii) is offered at no cost to a candidate or officeholder.
(25) "Interim report" means a report identifying the contributions received and
expenditures made since the last report.
(26) "Legislative office" means the office of state senator, state representative, speaker
of the House of Representatives, president of the Senate, and the leader, whip, and assistant
whip of any party caucus in either house of the Legislature.
(27) "Legislative office candidate" means a person who:
(a) files a declaration of candidacy for the office of state senator or state representative;
(b) declares oneself to be a candidate for, or actively campaigns for, the position of
speaker of the House of Representatives, president of the Senate, or the leader, whip, and
assistant whip of any party caucus in either house of the Legislature; or
(c) receives contributions, makes expenditures, or gives consent for any other person to
receive contributions or make expenditures to bring about the person's nomination, election, or
appointment to a legislative office.
(28) "Loan" means any of the following provided by a person that benefits a filing
entity if the person expects repayment or reimbursement:
(a) an expenditure made using any form of payment;
(b) money or funds received by the filing entity;
(c) the provision of a good or service with an agreement or understanding that payment
or reimbursement will be delayed; or
(d) use of any line of credit.
(29) "Major political party" means either of the two registered political parties that
have the greatest number of members elected to the two houses of the Legislature.
(30) "Officeholder" means a person who holds a public office.
(31) "Party committee" means any committee organized by or authorized by the
governing board of a registered political party.
(32) "Person" means both natural and legal persons, including individuals, business
organizations, personal campaign committees, party committees, political action committees,
political issues committees, and labor organizations, as defined in Section 
20A-11-1501
.
(33) "Personal campaign committee" means the committee appointed by a candidate to
act for the candidate as provided in this chapter.
(34) "Personal use expenditure" has the same meaning as provided under Section
20A-11-104
.
(35) (a) "Political action committee" means an entity, or any group of individuals or
entities within or outside this state, a major purpose of which is to:
(i) solicit or receive contributions from any other person, group, or entity for political
purposes; or
(ii) make expenditures to expressly advocate for any person to refrain from voting or to
vote for or against any candidate or person seeking election to a municipal or county office.
(b) "Political action committee" includes groups affiliated with a registered political
party but not authorized or organized by the governing board of the registered political party
that receive contributions or makes expenditures for political purposes.
(c) "Political action committee" does not mean:
(i) a party committee;
(ii) any entity that provides goods or services to a candidate or committee in the regular
course of its business at the same price that would be provided to the general public;
(iii) an individual;
(iv) individuals who are related and who make contributions from a joint checking
account;
(v) a corporation, except a corporation a major purpose of which is to act as a political
action committee; or
(vi) a personal campaign committee.
(36) (a) "Political consultant" means a person who is paid by a reporting entity, or paid
by another person on behalf of and with the knowledge of the reporting entity, to provide
political advice to the reporting entity.
(b) "Political consultant" includes a circumstance described in Subsection (36)(a),
where the person:
(i) has already been paid, with money or other consideration;
(ii) expects to be paid in the future, with money or other consideration; or
(iii) understands that the person may, in the discretion of the reporting entity or another
person on behalf of and with the knowledge of the reporting entity, be paid in the future, with
money or other consideration.
(37) "Political convention" means a county or state political convention held by a
registered political party to select candidates.
(38) "Political entity" means a candidate, a political party, a political action committee,
or a political issues committee.
(39) (a) "Political issues committee" means an entity, or any group of individuals or
entities within or outside this state, a major purpose of which is to:
(i) solicit or receive donations from any other person, group, or entity to assist in
placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
(ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
proposed ballot proposition or an incorporation in an incorporation election; or
(iii) make expenditures to assist in qualifying or placing a ballot proposition on the
ballot or to assist in keeping a ballot proposition off the ballot.
(b) "Political issues committee" does not mean:
(i) a registered political party or a party committee;
(ii) any entity that provides goods or services to an individual or committee in the
regular course of its business at the same price that would be provided to the general public;
(iii) an individual;
(iv) individuals who are related and who make contributions from a joint checking
account;
(v) a corporation, except a corporation a major purpose of which is to act as a political
issues committee; or
(vi) a group of individuals who:
(A) associate together for the purpose of challenging or supporting a single ballot
proposition, ordinance, or other governmental action by a county, city, town, special district,
special service district, or other local political subdivision of the state;
(B) have a common liberty, property, or financial interest that is directly impacted by
the ballot proposition, ordinance, or other governmental action;
(C) do not associate together, for the purpose described in Subsection (39)(b)(vi)(A),
via a legal entity;
(D) do not receive funds for challenging or supporting the ballot proposition,
ordinance, or other governmental action from a person other than an individual in the group;
and
(E) do not expend a total of more than $5,000 for the purpose described in Subsection
(39)(b)(vi)(A).
(40) (a) "Political issues contribution" means any of the following:
(i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
anything of value given to a political issues committee;
(ii) an express, legally enforceable contract, promise, or agreement to make a political
issues donation to influence the approval or defeat of any ballot proposition;
(iii) any transfer of funds received by a political issues committee from a reporting
entity;
(iv) compensation paid by another reporting entity for personal services rendered
without charge to a political issues committee; and
(v) goods or services provided to or for the benefit of a political issues committee at
less than fair market value.
(b) "Political issues contribution" does not include:
(i) services provided without compensation by individuals volunteering a portion or all
of their time on behalf of a political issues committee; or
(ii) money lent to a political issues committee by a financial institution in the ordinary
course of business.
(41) (a) "Political issues expenditure" means any of the following when made by a
political issues committee or on behalf of a political issues committee by an agent of the
reporting entity:
(i) any payment from political issues contributions made for the purpose of influencing
the approval or the defeat of:
(A) a ballot proposition; or
(B) an incorporation petition or incorporation election;
(ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
the express purpose of influencing the approval or the defeat of:
(A) a ballot proposition; or
(B) an incorporation petition or incorporation election;
(iii) an express, legally enforceable contract, promise, or agreement to make any
political issues expenditure;
(iv) compensation paid by a reporting entity for personal services rendered by a person
without charge to a political issues committee; or
(v) goods or services provided to or for the benefit of another reporting entity at less
than fair market value.
(b) "Political issues expenditure" does not include:
(i) services provided without compensation by individuals volunteering a portion or all
of their time on behalf of a political issues committee; or
(ii) money lent to a political issues committee by a financial institution in the ordinary
course of business.
(42) "Political purposes" means an act done with the intent or in a way to influence or
tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
against any:
(a) candidate or a person seeking a municipal or county office at any caucus, political
convention, or election; or
(b) judge standing for retention at any election.
(43) (a) "Poll" means the survey of a person regarding the person's opinion or
knowledge of an individual who has filed a declaration of candidacy for public office, or of a
ballot proposition that has legally qualified for placement on the ballot, which is conducted in
person or by telephone, facsimile, Internet, postal mail, or email.
(b) "Poll" does not include:
(i) a ballot; or
(ii) an interview of a focus group that is conducted, in person, by one individual, if:
(A) the focus group consists of more than three, and less than thirteen, individuals; and
(B) all individuals in the focus group are present during the interview.
(44) "Primary election" means any regular primary election held under the election
laws.
(45) "Publicly identified class of individuals" means a group of 50 or more individuals
sharing a common occupation, interest, or association that contribute to a political action
committee or political issues committee and whose names can be obtained by contacting the
political action committee or political issues committee upon whose financial statement the
individuals are listed.
(46) "Public office" means the office of governor, lieutenant governor, state auditor,
state treasurer, attorney general, state school board member, state senator, state representative,
speaker of the House of Representatives, president of the Senate, and the leader, whip, and
assistant whip of any party caucus in either house of the Legislature.
(47) (a) "Public service assistance" means the following when given or provided to an
officeholder to defray the costs of functioning in a public office or aid the officeholder to
communicate with the officeholder's constituents:
(i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
money or anything of value to an officeholder; or
(ii) goods or services provided at less than fair market value to or for the benefit of the
officeholder.
(b) "Public service assistance" does not include:
(i) anything provided by the state;
(ii) services provided without compensation by individuals volunteering a portion or all
of their time on behalf of an officeholder;
(iii) money lent to an officeholder by a financial institution in the ordinary course of
business;
(iv) news coverage or any publication by the news media; or
(v) any article, story, or other coverage as part of any regular publication of any
organization unless substantially all the publication is devoted to information about the
officeholder.
(48) "Receipts" means contributions and public service assistance.
(49) "Registered lobbyist" means a person licensed under Title 36, Chapter 11,
Lobbyist Disclosure and Regulation Act.
(50) "Registered political action committee" means any political action committee that
is required by this chapter to file a statement of organization with the Office of the Lieutenant
Governor.
(51) "Registered political issues committee" means any political issues committee that
is required by this chapter to file a statement of organization with the Office of the Lieutenant
Governor.
(52) "Registered political party" means an organization of voters that:
(a) participated in the last regular general election and polled a total vote equal to 2%
or more of the total votes cast for all candidates for the United States House of Representatives
for any of its candidates for any office; or
(b) has complied with the petition and organizing procedures of Chapter 8, Political
Party Formation and Procedures.
(53) (a) "Remuneration" means a payment:
(i) made to a legislator for the period the Legislature is in session; and
(ii) that is approximately equivalent to an amount a legislator would have earned
during the period the Legislature is in session in the legislator's ordinary course of business.
(b) "Remuneration" does not mean anything of economic value given to a legislator by:
(i) the legislator's primary employer in the ordinary course of business; or
(ii) a person or entity in the ordinary course of business:
(A) because of the legislator's ownership interest in the entity; or
(B) for services rendered by the legislator on behalf of the person or entity.
(54) "Reporting entity" means a candidate, a candidate's personal campaign committee,
a judge, a judge's personal campaign committee, an officeholder, a party committee, a political
action committee, a political issues committee, a corporation, or a labor organization, as
defined in Section 
20A-11-1501
.
(55) "School board office" means the office of state school board.
(56) (a) "Source" means the person or entity that is the legal owner of the tangible or
intangible asset that comprises the contribution.
(b) "Source" means, for political action committees and corporations, the political
action committee and the corporation as entities, not the contributors to the political action
committee or the owners or shareholders of the corporation.
(57) "State office" means the offices of governor, lieutenant governor, attorney general,
state auditor, and state treasurer.
(58) "State office candidate" means a person who:
(a) files a declaration of candidacy for a state office; or
(b) receives contributions, makes expenditures, or gives consent for any other person to
receive contributions or make expenditures to bring about the person's nomination, election, or
appointment to a state office.
(59) "Summary report" means the year end report containing the summary of a
reporting entity's contributions and expenditures.
(60) "Supervisory board" means the individual or group of individuals that allocate
expenditures from a political issues committee.
Section 77. Section 
26B-2-101
 is amended to read:
26B-2-101.
Definitions.
As used in this part:
(1) "Adoption services" means the same as that term is defined in Section 
80-2-801
.
(2) "Adult day care" means nonresidential care and supervision:
(a) for three or more adults for at least four but less than 24 hours a day; and
(b) that meets the needs of functionally impaired adults through a comprehensive
program that provides a variety of health, social, recreational, and related support services in a
protective setting.
(3) "Applicant" means a person that applies for an initial license or a license renewal
under this part.
(4) (a) "Associated with the licensee" means that an individual is:
(i) affiliated with a licensee as an owner, director, member of the governing body,
employee, agent, provider of care, department contractor, or volunteer; or
(ii) applying to become affiliated with a licensee in a capacity described in Subsection
(4)(a)(i).
(b) "Associated with the licensee" does not include:
(i) service on the following bodies, unless that service includes direct access to a child
or a vulnerable adult:
(A) a local mental health authority described in Section 
17-43-301
;
(B) a local substance abuse authority described in Section 
17-43-201
; or
(C) a board of an organization operating under a contract to provide mental health or
substance use programs, or services for the local mental health authority or substance abuse
authority; or
(ii) a guest or visitor whose access to a child or a vulnerable adult is directly supervised
at all times.
(5) (a) "Boarding school" means a private school that:
(i) uses a regionally accredited education program;
(ii) provides a residence to the school's students:
(A) for the purpose of enabling the school's students to attend classes at the school; and
(B) as an ancillary service to educating the students at the school;
(iii) has the primary purpose of providing the school's students with an education, as
defined in Subsection (5)(b)(i); and
(iv) (A) does not provide the treatment or services described in Subsection (38)(a); or
(B) provides the treatment or services described in Subsection (38)(a) on a limited
basis, as described in Subsection (5)(b)(ii).
(b) (i) For purposes of Subsection (5)(a)(iii), "education" means a course of study for
one or more grades from kindergarten through grade 12.
(ii) For purposes of Subsection (5)(a)(iv)(B), a private school provides the treatment or
services described in Subsection (38)(a) on a limited basis if:
(A) the treatment or services described in Subsection (38)(a) are provided only as an
incidental service to a student; and
(B) the school does not:
(I) specifically solicit a student for the purpose of providing the treatment or services
described in Subsection (38)(a); or
(II) have a primary purpose of providing the treatment or services described in
Subsection (38)(a).
(c) "Boarding school" does not include a therapeutic school.
(6) "Child" means an individual under 18 years old.
(7) "Child placing" means receiving, accepting, or providing custody or care for any
child, temporarily or permanently, for the purpose of:
(a) finding a person to adopt the child;
(b) placing the child in a home for adoption; or
(c) foster home placement.
(8) "Child-placing agency" means a person that engages in child placing.
(9) "Client" means an individual who receives or has received services from a licensee.
(10) (a) "Congregate care program" means any of the following that provide services to
a child:
(i) an outdoor youth program;
(ii) a residential support program;
(iii) a residential treatment program; or
(iv) a therapeutic school.
(b) "Congregate care program" does not include a human services program that:
(i) is licensed to serve adults; and
(ii) is approved by the office to service a child for a limited time.
(11) "Day treatment" means specialized treatment that is provided to:
(a) a client less than 24 hours a day; and
(b) four or more persons who:
(i) are unrelated to the owner or provider; and
(ii) have emotional, psychological, developmental, physical, or behavioral
dysfunctions, impairments, or chemical dependencies.
(12) "Department contractor" means an individual who:
(a) provides services under a contract with the department; and
(b) due to the contract with the department, has or will likely have direct access to a
child or vulnerable adult.
(13) "Direct access" means that an individual has, or likely will have:
(a) contact with or access to a child or vulnerable adult that provides the individual
with an opportunity for personal communication or touch; or
(b) an opportunity to view medical, financial, or other confidential personal identifying
information of the child, the child's parents or legal guardians, or the vulnerable adult.
(14) "Directly supervised" means that an individual is being supervised under the
uninterrupted visual and auditory surveillance of another individual who has a current
background screening approval issued by the office.
(15) "Director" means the director of the office.
(16) "Domestic violence" means the same as that term is defined in Section 
77-36-1
.
(17) "Domestic violence treatment program" means a nonresidential program designed
to provide psychological treatment and educational services to perpetrators and victims of
domestic violence.
(18) "Elder adult" means a person 65 years old or older.
(19) "Foster home" means a residence that is licensed or certified by the office for the
full-time substitute care of a child.
(20) "Health benefit plan" means the same as that term is defined in Section
31A-22-634
.
(21) "Health care provider" means the same as that term is defined in Section
78B-3-403
.
(22) "Health insurer" means the same as that term is defined in Section 
31A-22-615.5
.
(23) (a) "Human services program" means:
(i) a foster home;
(ii) a therapeutic school;
(iii) a youth program;
(iv) an outdoor youth program;
(v) a residential treatment program;
(vi) a residential support program;
(vii) a resource family home;
(viii) a recovery residence; or
(ix) a facility or program that provides:
(A) adult day care;
(B) day treatment;
(C) outpatient treatment;
(D) domestic violence treatment;
(E) child-placing services;
(F) social detoxification; or
(G) any other human services that are required by contract with the department to be
licensed with the department.
(b) "Human services program" does not include:
(i) a boarding school; or
(ii) a residential, vocational and life skills program, as defined in Section 
13-53-102
.
(24) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(25) "Indian country" means the same as that term is defined in 18 U.S.C. Sec. 1151.
(26) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(27) "Intermediate secure treatment" means 24-hour specialized residential treatment or
care for an individual who:
(a) cannot live independently or in a less restrictive environment; and
(b) requires, without the individual's consent or control, the use of locked doors to care
for the individual.
(28) "Licensee" means an individual or a human services program licensed by the
office.
(29) "Local government" means a city, town[
, metro township
], or county.
(30) "Minor" means child.
(31) "Office" means the Office of Licensing within the department.
(32) "Outdoor youth program" means a program that provides:
(a) services to a child that has:
(i) a chemical dependency; or
(ii) a dysfunction or impairment that is emotional, psychological, developmental,
physical, or behavioral;
(b) a 24-hour outdoor group living environment; and
(c) (i) regular therapy, including group, individual, or supportive family therapy; or
(ii) informal therapy or similar services, including wilderness therapy, adventure
therapy, or outdoor behavioral healthcare.
(33) "Outpatient treatment" means individual, family, or group therapy or counseling
designed to improve and enhance social or psychological functioning for those whose physical
and emotional status allows them to continue functioning in their usual living environment.
(34) "Practice group" or "group practice" means two or more health care providers
legally organized as a partnership, professional corporation, or similar association, for which:
(a) substantially all of the services of the health care providers who are members of the
group are provided through the group and are billed in the name of the group and amounts
received are treated as receipts of the group; and
(b) the overhead expenses of and the income from the practice are distributed in
accordance with methods previously determined by members of the group.
(35) "Private-placement child" means a child whose parent or guardian enters into a
contract with a congregate care program for the child to receive services.
(36) (a) "Recovery residence" means a home, residence, or facility that meets at least
two of the following requirements:
(i) provides a supervised living environment for individuals recovering from a
substance use disorder;
(ii) provides a living environment in which more than half of the individuals in the
residence are recovering from a substance use disorder;
(iii) provides or arranges for residents to receive services related to the resident's
recovery from a substance use disorder, either on or off site;
(iv) is held out as a living environment in which individuals recovering from substance
abuse disorders live together to encourage continued sobriety; or
(v) (A) receives public funding; or
(B) is run as a business venture, either for-profit or not-for-profit.
(b) "Recovery residence" does not mean:
(i) a residential treatment program;
(ii) residential support program; or
(iii) a home, residence, or facility, in which:
(A) residents, by a majority vote of the residents, establish, implement, and enforce
policies governing the living environment, including the manner in which applications for
residence are approved and the manner in which residents are expelled;
(B) residents equitably share rent and housing-related expenses; and
(C) a landlord, owner, or operator does not receive compensation, other than fair
market rental income, for establishing, implementing, or enforcing policies governing the
living environment.
(37) "Regular business hours" means:
(a) the hours during which services of any kind are provided to a client; or
(b) the hours during which a client is present at the facility of a licensee.
(38) (a) "Residential support program" means a program that arranges for or provides
the necessities of life as a protective service to individuals or families who have a disability or
who are experiencing a dislocation or emergency that prevents them from providing these
services for themselves or their families.
(b) "Residential support program" includes a program that provides a supervised living
environment for individuals with dysfunctions or impairments that are:
(i) emotional;
(ii) psychological;
(iii) developmental; or
(iv) behavioral.
(c) Treatment is not a necessary component of a residential support program.
(d) "Residential support program" does not include:
(i) a recovery residence; or
(ii) a program that provides residential services that are performed:
(A) exclusively under contract with the department and provided to individuals through
the Division of Services for People with Disabilities; or
(B) in a facility that serves fewer than four individuals.
(39) (a) "Residential treatment" means a 24-hour group living environment for four or
more individuals unrelated to the owner or provider that offers room or board and specialized
treatment, behavior modification, rehabilitation, discipline, emotional growth, or habilitation
services for persons with emotional, psychological, developmental, or behavioral dysfunctions,
impairments, or chemical dependencies.
(b) "Residential treatment" does not include a:
(i) boarding school;
(ii) foster home; or
(iii) recovery residence.
(40) "Residential treatment program" means a program or facility that provides:
(a) residential treatment; or
(b) intermediate secure treatment.
(41) "Seclusion" means the involuntary confinement of an individual in a room or an
area:
(a) away from the individual's peers; and
(b) in a manner that physically prevents the individual from leaving the room or area.
(42) "Social detoxification" means short-term residential services for persons who are
experiencing or have recently experienced drug or alcohol intoxication, that are provided
outside of a health care facility licensed under Part 2, Health Care Facility Licensing and
Inspection, and that include:
(a) room and board for persons who are unrelated to the owner or manager of the
facility;
(b) specialized rehabilitation to acquire sobriety; and
(c) aftercare services.
(43) "Substance abuse disorder" or "substance use disorder" mean the same as
"substance use disorder" is defined in Section 
26B-5-501
.
(44) "Substance abuse treatment program" or "substance use disorder treatment
program" means a program:
(a) designed to provide:
(i) specialized drug or alcohol treatment;
(ii) rehabilitation; or
(iii) habilitation services; and
(b) that provides the treatment or services described in Subsection (44)(a) to persons
with:
(i) a diagnosed substance use disorder; or
(ii) chemical dependency disorder.
(45) "Therapeutic school" means a residential group living facility:
(a) for four or more individuals that are not related to:
(i) the owner of the facility; or
(ii) the primary service provider of the facility;
(b) that serves students who have a history of failing to function:
(i) at home;
(ii) in a public school; or
(iii) in a nonresidential private school; and
(c) that offers:
(i) room and board; and
(ii) an academic education integrated with:
(A) specialized structure and supervision; or
(B) services or treatment related to:
(I) a disability;
(II) emotional development;
(III) behavioral development;
(IV) familial development; or
(V) social development.
(46) "Unrelated persons" means persons other than parents, legal guardians,
grandparents, brothers, sisters, uncles, or aunts.
(47) "Vulnerable adult" means an elder adult or an adult who has a temporary or
permanent mental or physical impairment that substantially affects the person's ability to:
(a) provide personal protection;
(b) provide necessities such as food, shelter, clothing, or mental or other health care;
(c) obtain services necessary for health, safety, or welfare;
(d) carry out the activities of daily living;
(e) manage the adult's own resources; or
(f) comprehend the nature and consequences of remaining in a situation of abuse,
neglect, or exploitation.
(48) (a) "Youth program" means a program designed to provide behavioral, substance
use, or mental health services to minors that:
(i) serves adjudicated or nonadjudicated youth;
(ii) charges a fee for the program's services;
(iii) may provide host homes or other arrangements for overnight accommodation of
the youth;
(iv) may provide all or part of the program's services in the outdoors;
(v) may limit or censor access to parents or guardians; and
(vi) prohibits or restricts a minor's ability to leave the program at any time of the
minor's own free will.
(b) "Youth program" does not include recreational programs such as Boy Scouts, Girl
Scouts, 4-H, and other such organizations.
(49) (a) "Youth transportation company" means any person that transports a child for
payment to or from a congregate care program in Utah.
(b) "Youth transportation company" does not include:
(i) a relative of the child;
(ii) a state agency; or
(iii) a congregate care program's employee who transports the child from the
congregate care program that employs the employee and returns the child to the same
congregate care program.
Section 78. Section 
32B-1-102
 is amended to read:
32B-1-102.
Definitions.
As used in this title:
(1) "Airport lounge" means a business location:
(a) at which an alcoholic product is sold at retail for consumption on the premises; and
(b) that is located at an international airport or domestic airport.
(2) "Airport lounge license" means a license issued in accordance with Chapter 5,
Retail License Act, and Chapter 6, Part 5, Airport Lounge License.
(3) "Alcoholic beverage" means the following:
(a) beer; or
(b) liquor.
(4) (a) "Alcoholic product" means a product that:
(i) contains at least .5% of alcohol by volume; and
(ii) is obtained by fermentation, infusion, decoction, brewing, distillation, or other
process that uses liquid or combinations of liquids, whether drinkable or not, to create alcohol
in an amount equal to or greater than .5% of alcohol by volume.
(b) "Alcoholic product" includes an alcoholic beverage.
(c) "Alcoholic product" does not include any of the following common items that
otherwise come within the definition of an alcoholic product:
(i) except as provided in Subsection (4)(d), an extract;
(ii) vinegar;
(iii) preserved nonintoxicating cider;
(iv) essence;
(v) tincture;
(vi) food preparation; or
(vii) an over-the-counter medicine.
(d) "Alcoholic product" includes an extract containing alcohol obtained by distillation
when it is used as a flavoring in the manufacturing of an alcoholic product.
(5) "Alcohol training and education seminar" means a seminar that is:
(a) required by Chapter 1, Part 7, Alcohol Training and Education Act; and
(b) described in Section 
26B-5-205
.
(6) "Arena" means an enclosed building:
(a) that is managed by:
(i) the same person who owns the enclosed building;
(ii) a person who has a majority interest in each person who owns or manages a space
in the enclosed building; or
(iii) a person who has authority to direct or exercise control over the management or
policy of each person who owns or manages a space in the enclosed building;
(b) that operates as a venue; and
(c) that has an occupancy capacity of at least 12,500.
(7) "Arena license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 8c, Arena License Act.
(8) "Banquet" means an event:
(a) that is a private event or a privately sponsored event;
(b) that is held at one or more designated locations approved by the commission in or
on the premises of:
(i) a hotel;
(ii) a resort facility;
(iii) a sports center;
(iv) a convention center;
(v) a performing arts facility;
(vi) an arena; or
(vii) a restaurant venue;
(c) for which there is a contract:
(i) between a person operating a facility listed in Subsection (8)(b) and another person
that has common ownership of less than 20% with the person operating the facility; and
(ii) under which the person operating a facility listed in Subsection (8)(b) is required to
provide an alcoholic product at the event; and
(d) at which food and alcoholic products may be sold, offered for sale, or furnished.
(9) (a) "Bar establishment license" means a license issued in accordance with Chapter
5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License.
(b) "Bar establishment license" includes:
(i) a dining club license;
(ii) an equity license;
(iii) a fraternal license; or
(iv) a bar license.
(10) "Bar license" means a license issued in accordance with Chapter 5, Retail License
Act, and Chapter 6, Part 4, Bar Establishment License.
(11) (a) "Beer" means a product that:
(i) contains:
(A) at least .5% of alcohol by volume; and
(B) no more than 5% of alcohol by volume or 4% by weight;
(ii) is obtained by fermentation, infusion, or decoction of:
(A) malt; or
(B) a malt substitute; and
(iii) is clearly marketed, labeled, and identified as:
(A) beer;
(B) ale;
(C) porter;
(D) stout;
(E) lager;
(F) a malt;
(G) a malted beverage; or
(H) seltzer.
(b) "Beer" may contain:
(i) hops extract;
(ii) caffeine, if the caffeine is a natural constituent of an added ingredient; or
(iii) a propylene glycol-, ethyl alcohol-, or ethanol-based flavoring agent that:
(A) is used in the production of beer;
(B) is in a formula approved by the federal Alcohol and Tobacco Tax and Trade
Bureau after the formula is filed for approval under 27 C.F.R. Sec. 25.55; and
(C) does not contribute more than 10% of the overall alcohol content of the beer.
(c) "Beer" does not include:
(i) a flavored malt beverage;
(ii) a product that contains alcohol derived from:
(A) except as provided in Subsection (11)(b)(iii), spirituous liquor; or
(B) wine; or
(iii) a product that contains an additive masking or altering a physiological effect of
alcohol, including kratom, kava, cannabidiol, or natural or synthetic tetrahydrocannabinol.
(12) "Beer-only restaurant license" means a license issued in accordance with Chapter
5, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License.
(13) "Beer retailer" means a business that:
(a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether
for consumption on or off the business premises; and
(b) is licensed as:
(i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer
Retailer Local Authority; or
(ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and
Chapter 6, Part 7, On-Premise Beer Retailer License.
(14) "Beer wholesaling license" means a license:
(a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
(b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more
retail licensees or off-premise beer retailers.
(15) "Billboard" means a public display used to advertise, including:
(a) a light device;
(b) a painting;
(c) a drawing;
(d) a poster;
(e) a sign;
(f) a signboard; or
(g) a scoreboard.
(16) "Brewer" means a person engaged in manufacturing:
(a) beer;
(b) heavy beer; or
(c) a flavored malt beverage.
(17) "Brewery manufacturing license" means a license issued in accordance with
Chapter 11, Part 5, Brewery Manufacturing License.
(18) "Certificate of approval" means a certificate of approval obtained from the
department under Section 
32B-11-201
.
(19) "Chartered bus" means a passenger bus, coach, or other motor vehicle provided by
a bus company to a group of persons pursuant to a common purpose:
(a) under a single contract;
(b) at a fixed charge in accordance with the bus company's tariff; and
(c) to give the group of persons the exclusive use of the passenger bus, coach, or other
motor vehicle, and a driver to travel together to one or more specified destinations.
(20) "Church" means a building:
(a) set apart for worship;
(b) in which religious services are held;
(c) with which clergy is associated; and
(d) that is tax exempt under the laws of this state.
(21) "Commission" means the Alcoholic Beverage Services Commission created in
Section 
32B-2-201
.
(22) "Commissioner" means a member of the commission.
(23) "Community location" means:
(a) a public or private school;
(b) a church;
(c) a public library;
(d) a public playground; or
(e) a public park.
(24) "Community location governing authority" means:
(a) the governing body of the community location; or
(b) if the commission does not know who is the governing body of a community
location, a person who appears to the commission to have been given on behalf of the
community location the authority to prohibit an activity at the community location.
(25) "Container" means a receptacle that contains an alcoholic product, including:
(a) a bottle;
(b) a vessel; or
(c) a similar item.
(26) "Controlled group of manufacturers" means as the commission defines by rule
made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(27) "Convention center" means a facility that is:
(a) in total at least 30,000 square feet; and
(b) otherwise defined as a "convention center" by the commission by rule.
(28) (a) "Counter" means a surface or structure in a dining area of a licensed premises
where seating is provided to a patron for service of food.
(b) "Counter" does not include a dispensing structure.
(29) "Crime involving moral turpitude" is as defined by the commission by rule.
(30) "Department" means the Department of Alcoholic Beverage Services created in
Section 
32B-2-203
.
(31) "Department compliance officer" means an individual who is:
(a) an auditor or inspector; and
(b) employed by the department.
(32) "Department sample" means liquor that is placed in the possession of the
department for testing, analysis, and sampling.
(33) "Dining club license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
commission as a dining club license.
(34) "Director," unless the context requires otherwise, means the director of the
department.
(35) "Disciplinary proceeding" means an adjudicative proceeding permitted under this
title:
(a) against a person subject to administrative action; and
(b) that is brought on the basis of a violation of this title.
(36) (a) Subject to Subsection (36)(b), "dispense" means:
(i) drawing an alcoholic product; and
(ii) using the alcoholic product at the location from which it was drawn to mix or
prepare an alcoholic product to be furnished to a patron of the retail licensee.
(b) The definition of "dispense" in this Subsection (36) applies only to:
(i) a full-service restaurant license;
(ii) a limited-service restaurant license;
(iii) a reception center license;
(iv) a beer-only restaurant license;
(v) a bar license;
(vi) an on-premise beer retailer;
(vii) an airport lounge license;
(viii) an on-premise banquet license; and
(ix) a hospitality amenity license.
(37) "Dispensing structure" means a surface or structure on a licensed premises:
(a) where an alcoholic product is dispensed; or
(b) from which an alcoholic product is served.
(38) "Distillery manufacturing license" means a license issued in accordance with
Chapter 11, Part 4, Distillery Manufacturing License.
(39) "Distressed merchandise" means an alcoholic product in the possession of the
department that is saleable, but for some reason is unappealing to the public.
(40) "Domestic airport" means an airport that:
(a) has at least 15,000 commercial airline passenger boardings in any five-year period;
(b) receives scheduled commercial passenger aircraft service; and
(c) is not an international airport.
(41) "Equity license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
commission as an equity license.
(42) "Event permit" means:
(a) a single event permit; or
(b) a temporary beer event permit.
(43) "Exempt license" means a license exempt under Section 
32B-1-201
 from being
considered in determining the total number of retail licenses that the commission may issue at
any time.
(44) (a) "Flavored malt beverage" means a beverage:
(i) that contains at least .5% alcohol by volume;
(ii) for which the producer is required to file a formula for approval with the federal
Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because the beverage
is treated by processing, filtration, or another method of manufacture that is not generally
recognized as a traditional process in the production of a beer, ale, porter, stout, lager, or malt
liquor; and
(iii) for which the producer is required to file a formula for approval with the federal
Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because the beverage
includes an ingredient containing alcohol.
(b) "Flavored malt beverage" may contain a propylene glycol-, ethyl alcohol-, or
ethanol-based flavoring agent that contributes to the overall alcohol content of the beverage.
(c) "Flavored malt beverage" does not include beer or heavy beer.
(d) "Flavored malt beverage" is considered liquor for purposes of this title.
(45) "Fraternal license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
commission as a fraternal license.
(46) "Full-service restaurant license" means a license issued in accordance with
Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License.
(47) (a) "Furnish" means by any means to provide with, supply, or give an individual
an alcoholic product, by sale or otherwise.
(b) "Furnish" includes to:
(i) serve;
(ii) deliver; or
(iii) otherwise make available.
(48) "Guest" means an individual who meets the requirements of Subsection
32B-6-407
(9).
(49) "Hard cider" means the same as that term is defined in 26 U.S.C. Sec. 5041.
(50) "Health care practitioner" means:
(a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
(b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
(c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
(d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
Act;
(e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b,
Nurse Practice Act;
(f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy
Practice Act;
(g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
Therapy Practice Act;
(h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
(i) a mental health professional licensed under Title 58, Chapter 60, Mental Health
Professional Practice Act;
(j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
(k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical
Practice Act;
(l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental
Hygienist Practice Act; and
(m) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
Assistant Act.
(51) (a) "Heavy beer" means a product that:
(i) (A) contains more than 5% alcohol by volume;
(B) contains at least .5% of alcohol by volume and no more than 5% of alcohol by
volume or 4% by weight, and a propolyne glycol-, ethyl alcohol-, or ethanol-based flavoring
agent that contributes more than 10% of the overall alcohol content of the product; or
(C) contains at least .5% of alcohol by volume and no more than 5% of alcohol by
volume or 4% by weight, and has a label or packaging that is rejected under Subsection
32B-1-606
(3)(b); and
(ii) is obtained by fermentation, infusion, or decoction of:
(A) malt; or
(B) a malt substitute.
(b) "Heavy beer" may, if the heavy beer contains more than 5% alcohol by volume,
contain a propolyne glycol-, ethyl alcohol-, or ethanol-based flavoring agent that contributes to
the overall alcohol content of the heavy beer.
(c) "Heavy beer" does not include:
(i) a flavored malt beverage;
(ii) a product that contains alcohol derived from:
(A) except as provided in Subsections (51)(a)(i)(B) and (51)(b), spirituous liquor; or
(B) wine; or
(iii) a product that contains an additive masking or altering a physiological effect of
alcohol, including kratom, kava, cannabidiol, or natural or synthetic tetrahydrocannabinol.
(d) "Heavy beer" is considered liquor for the purposes of this title.
(52) "Hospitality amenity license" means a license issued in accordance with Chapter
5, Retail License Act, and Chapter 6, Part 10, Hospitality Amenity License.
(53) (a) "Hotel" means a commercial lodging establishment that:
(i) offers at least 40 rooms as temporary sleeping accommodations for compensation;
(ii) is capable of hosting conventions, conferences, and food and beverage functions
under a banquet contract; and
(iii) (A) has adequate kitchen or culinary facilities on the premises to provide complete
meals;
(B) has at least 1,000 square feet of function space consisting of meeting or dining
rooms that can be reserved for a banquet and can accommodate at least 75 individuals; or
(C) if the establishment is located in a small or unincorporated locality, has an
appropriate amount of function space consisting of meeting or dining rooms that can be
reserved for private use under a banquet contract, as determined by the commission.
(b) "Hotel" includes a commercial lodging establishment that:
(i) meets the requirements under Subsection (53)(a); and
(ii) has one or more privately owned dwelling units.
(54) "Hotel license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 8b, Hotel License Act.
(55) "Identification card" means an identification card issued under Title 53, Chapter 3,
Part 8, Identification Card Act.
(56) "Industry representative" means an individual who is compensated by salary,
commission, or other means for representing and selling an alcoholic product of a
manufacturer, supplier, or importer of liquor.
(57) "Industry representative sample" means liquor that is placed in the possession of
the department for testing, analysis, and sampling by a local industry representative on the
premises of the department to educate the local industry representative of the quality and
characteristics of the product.
(58) "Interdicted person" means a person to whom the sale, offer for sale, or furnishing
of an alcoholic product is prohibited by:
(a) law; or
(b) court order.
(59) "International airport" means an airport:
(a) with a United States Customs and Border Protection office on the premises of the
airport; and
(b) at which international flights may enter and depart.
(60) "Intoxicated" or "intoxication" means that
an individual exhibits plain and easily observable outward manifestations of behavior
or physical signs produced by or as a result of the use of:
(a) an alcoholic product;
(b) a controlled substance;
(c) a substance having the property of releasing toxic vapors; or
(d) a combination of products or substances described in Subsections (60)(a) through
(c).
(61) "Investigator" means an individual who is:
(a) a department compliance officer; or
(b) a nondepartment enforcement officer.
(62) "License" means:
(a) a retail license;
(b) a sublicense;
(c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer
State License;
(d) a license issued in accordance with Chapter 11, Manufacturing and Related
Licenses Act;
(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
(g) a license issued in accordance with Chapter 17, Liquor Transport License Act.
(63) "Licensee" means a person who holds a license.
(64) "Limited-service restaurant license" means a license issued in accordance with
Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License.
(65) "Limousine" means a motor vehicle licensed by the state or a local authority, other
than a bus or taxicab:
(a) in which the driver and a passenger are separated by a partition, glass, or other
barrier;
(b) that is provided by a business entity to one or more individuals at a fixed charge in
accordance with the business entity's tariff; and
(c) to give the one or more individuals the exclusive use of the limousine and a driver
to travel to one or more specified destinations.
(66) (a) (i) "Liquor" means a liquid that:
(A) is:
(I) alcohol;
(II) an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
(III) a combination of liquids a part of which is spirituous, vinous, or fermented; or
(IV) other drink or drinkable liquid; and
(B) (I) contains at least .5% alcohol by volume; and
(II) is suitable to use for beverage purposes.
(ii) "Liquor" includes:
(A) heavy beer;
(B) wine; and
(C) a flavored malt beverage.
(b) "Liquor" does not include beer.
(67) "Liquor Control Fund" means the enterprise fund created by Section 
32B-2-301
.
(68) "Liquor transport license" means a license issued in accordance with Chapter 17,
Liquor Transport License Act.
(69) "Liquor warehousing license" means a license that is issued:
(a) in accordance with Chapter 12, Liquor Warehousing License Act; and
(b) to a person, other than a licensed manufacturer, who engages in the importation for
storage, sale, or distribution of liquor regardless of amount.
(70) "Local authority" means:
(a) for premises that are located in an unincorporated area of a county, the governing
body of a county;
(b) for premises that are located in an incorporated city[
,
] 
or
 town[
, or metro township
],
the governing body of the city[
,
] 
or
 town[
, or metro township
]; or
(c) for premises that are located in a project area as defined in Section 
63H-1-102
 and
in a project area plan adopted by the Military Installation Development Authority under Title
63H, Chapter 1, Military Installation Development Authority Act, the Military Installation
Development Authority.
(71) "Lounge or bar area" is as defined by rule made by the commission.
(72) "Malt substitute" means:
(a) rice;
(b) grain;
(c) bran;
(d) glucose;
(e) sugar; or
(f) molasses.
(73) "Manufacture" means to distill, brew, rectify, mix, compound, process, ferment, or
otherwise make an alcoholic product for personal use or for sale or distribution to others.
(74) "Member" means an individual who, after paying regular dues, has full privileges
in an equity licensee or fraternal licensee.
(75) (a) "Military installation" means a base, air field, camp, post, station, yard, center,
or homeport facility for a ship:
(i) (A) under the control of the United States Department of Defense; or
(B) of the National Guard;
(ii) that is located within the state; and
(iii) including a leased facility.
(b) "Military installation" does not include a facility used primarily for:
(i) civil works;
(ii) a rivers and harbors project; or
(iii) a flood control project.
(76) "Minibar" means an area of a hotel guest room where one or more alcoholic
products are kept and offered for self-service sale or consumption.
(77) "Minor" means an individual under 21 years old.
(78) "Nondepartment enforcement agency" means an agency that:
(a) (i) is a state agency other than the department; or
(ii) is an agency of a county, city, 
or
 town[
, or metro township
]; and
(b) has a responsibility to enforce one or more provisions of this title.
(79) "Nondepartment enforcement officer" means an individual who is:
(a) a peace officer, examiner, or investigator; and
(b) employed by a nondepartment enforcement agency.
(80) (a) "Off-premise beer retailer" means a beer retailer who is:
(i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
(ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's
premises.
(b) "Off-premise beer retailer" does not include an on-premise beer retailer.
(81) "Off-premise beer retailer state license" means a state license issued in accordance
with Chapter 7, Part 4, Off-premise Beer Retailer State License.
(82) "On-premise banquet license" means a license issued in accordance with Chapter
5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License.
(83) "On-premise beer retailer" means a beer retailer who is:
(a) authorized to sell, offer for sale, or furnish beer under a license issued in
accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer
Retailer License; and
(b) engaged in the sale of beer to a patron for consumption on the beer retailer's
premises:
(i) regardless of whether the beer retailer sells beer for consumption off the licensed
premises; and
(ii) on and after March 1, 2012, operating:
(A) as a tavern; or
(B) in a manner that meets the requirements of Subsection 
32B-6-703
(2)(e)(i).
(84) "Opaque" means impenetrable to sight.
(85) "Package agency" means a retail liquor location operated:
(a) under an agreement with the department; and
(b) by a person:
(i) other than the state; and
(ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package
Agency, to sell packaged liquor for consumption off the premises of the package agency.
(86) "Package agent" means a person who holds a package agency.
(87) "Patron" means an individual to whom food, beverages, or services are sold,
offered for sale, or furnished, or who consumes an alcoholic product including:
(a) a customer;
(b) a member;
(c) a guest;
(d) an attendee of a banquet or event;
(e) an individual who receives room service;
(f) a resident of a resort; or
(g) a hospitality guest, as defined in Section 
32B-6-1002
, under a hospitality amenity
license.
(88) (a) "Performing arts facility" means a multi-use performance space that:
(i) is primarily used to present various types of performing arts, including dance,
music, and theater;
(ii) contains over 2,500 seats;
(iii) is owned and operated by a governmental entity; and
(iv) is located in a city of the first class.
(b) "Performing arts facility" does not include a space that is used to present sporting
events or sporting competitions.
(89) "Permittee" means a person issued a permit under:
(a) Chapter 9, Event Permit Act; or
(b) Chapter 10, Special Use Permit Act.
(90) "Person subject to administrative action" means:
(a) a licensee;
(b) a permittee;
(c) a manufacturer;
(d) a supplier;
(e) an importer;
(f) one of the following holding a certificate of approval:
(i) an out-of-state brewer;
(ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or
(iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
(g) staff of:
(i) a person listed in Subsections (90)(a) through (f); or
(ii) a package agent.
(91) "Premises" means a building, enclosure, or room used in connection with the
storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product,
unless otherwise defined in this title or rules made by the commission.
(92) "Prescription" means an order issued by a health care practitioner when:
(a) the health care practitioner is licensed under Title 58, Occupations and Professions,
to prescribe a controlled substance, other drug, or device for medicinal purposes;
(b) the order is made in the course of that health care practitioner's professional
practice; and
(c) the order is made for obtaining an alcoholic product for medicinal purposes only.
(93) (a) "Primary spirituous liquor" means the main distilled spirit in a beverage.
(b) "Primary spirituous liquor" does not include a secondary flavoring ingredient.
(94) "Principal license" means:
(a) a resort license;
(b) a hotel license; or
(c) an arena license.
(95) (a) "Private event" means a specific social, business, or recreational event:
(i) for which an entire room, area, or hall is leased or rented in advance by an identified
group; and
(ii) that is limited in attendance to people who are specifically designated and their
guests.
(b) "Private event" does not include an event to which the general public is invited,
whether for an admission fee or not.
(96) "Privately sponsored event" means a specific social, business, or recreational
event:
(a) that is held in or on the premises of an on-premise banquet licensee; and
(b) to which entry is restricted by an admission fee.
(97) (a) "Proof of age" means:
(i) an identification card;
(ii) an identification that:
(A) is substantially similar to an identification card;
(B) is issued in accordance with the laws of a state other than Utah in which the
identification is issued;
(C) includes date of birth; and
(D) has a picture affixed;
(iii) a valid driver license certificate that:
(A) includes date of birth;
(B) has a picture affixed; and
(C) is issued:
(I) under Title 53, Chapter 3, Uniform Driver License Act;
(II) in accordance with the laws of the state in which it is issued; or
(III) in accordance with federal law by the United States Department of State;
(iv) a military identification card that:
(A) includes date of birth; and
(B) has a picture affixed; or
(v) a valid passport.
(b) "Proof of age" does not include a driving privilege card issued in accordance with
Section 
53-3-207
.
(98) "Provisions applicable to a sublicense" means:
(a) for a full-service restaurant sublicense, the provisions applicable to a full-service
restaurant license under Chapter 6, Part 2, Full-Service Restaurant License;
(b) for a limited-service restaurant sublicense, the provisions applicable to a
limited-service restaurant license under Chapter 6, Part 3, Limited-Service Restaurant License;
(c) for a bar establishment sublicense, the provisions applicable to a bar establishment
license under Chapter 6, Part 4, Bar Establishment License;
(d) for an on-premise banquet sublicense, the provisions applicable to an on-premise
banquet license under Chapter 6, Part 6, On-Premise Banquet License;
(e) for an on-premise beer retailer sublicense, the provisions applicable to an
on-premise beer retailer license under Chapter 6, Part 7, On-Premise Beer Retailer License;
(f) for a beer-only restaurant sublicense, the provisions applicable to a beer-only
restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License;
(g) for a hospitality amenity license, the provisions applicable to a hospitality amenity
license under Chapter 6, Part 10, Hospitality Amenity License; and
(h) for a spa sublicense, the provisions applicable to the sublicense under Chapter 8d,
Part 2, Resort Spa Sublicense.
(99) (a) "Public building" means a building or permanent structure that is:
(i) owned or leased by:
(A) the state; or
(B) a local government entity; and
(ii) used for:
(A) public education;
(B) transacting public business; or
(C) regularly conducting government activities.
(b) "Public building" does not include a building owned by the state or a local
government entity when the building is used by a person, in whole or in part, for a proprietary
function.
(100) "Public conveyance" means a conveyance that the public or a portion of the
public has access to and a right to use for transportation, including an airline, railroad, bus,
boat, or other public conveyance.
(101) "Reception center" means a business that:
(a) operates facilities that are at least 5,000 square feet; and
(b) has as its primary purpose the leasing of the facilities described in Subsection
(101)(a) to a third party for the third party's event.
(102) "Reception center license" means a license issued in accordance with Chapter 5,
Retail License Act, and Chapter 6, Part 8, Reception Center License.
(103) (a) "Record" means information that is:
(i) inscribed on a tangible medium; or
(ii) stored in an electronic or other medium and is retrievable in a perceivable form.
(b) "Record" includes:
(i) a book;
(ii) a book of account;
(iii) a paper;
(iv) a contract;
(v) an agreement;
(vi) a document; or
(vii) a recording in any medium.
(104) "Residence" means a person's principal place of abode within Utah.
(105) "Resident," in relation to a resort, means the same as that term is defined in
Section 
32B-8-102
.
(106) "Resort" means the same as that term is defined in Section 
32B-8-102
.
(107) "Resort facility" is as defined by the commission by rule.
(108) "Resort license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 8, Resort License Act.
(109) "Responsible alcohol service plan" means a written set of policies and
procedures that outlines measures to prevent employees from:
(a) over-serving alcoholic beverages to customers;
(b) serving alcoholic beverages to customers who are actually, apparently, or obviously
intoxicated; and
(c) serving alcoholic beverages to minors.
(110) "Restaurant" means a business location:
(a) at which a variety of foods are prepared;
(b) at which complete meals are served; and
(c) that is engaged primarily in serving meals.
(111) "Restaurant license" means one of the following licenses issued under this title:
(a) a full-service restaurant license;
(b) a limited-service restaurant license; or
(c) a beer-only restaurant license.
(112) "Restaurant venue" means a room within a restaurant that:
(a) is located on the licensed premises of a restaurant licensee;
(b) is separated from the area within the restaurant for a patron's consumption of food
by a permanent, opaque, floor-to-ceiling wall such that the inside of the room is not visible to a
patron in the area within the restaurant for a patron's consumption of food; and
(c) (i) has at least 1,000 square feet that:
(A) may be reserved for a banquet; and
(B) accommodates at least 75 individuals; or
(ii) if the restaurant is located in a small or unincorporated locality, has an appropriate
amount of space, as determined by the commission, that may be reserved for a banquet.
(113) "Retail license" means one of the following licenses issued under this title:
(a) a full-service restaurant license;
(b) a master full-service restaurant license;
(c) a limited-service restaurant license;
(d) a master limited-service restaurant license;
(e) a bar establishment license;
(f) an airport lounge license;
(g) an on-premise banquet license;
(h) an on-premise beer license;
(i) a reception center license;
(j) a beer-only restaurant license;
(k) a hospitality amenity license;
(l) a resort license;
(m) a hotel license; or
(n) an arena license.
(114) "Room service" means furnishing an alcoholic product to a person in a guest
room or privately owned dwelling unit of a:
(a) hotel; or
(b) resort facility.
(115) (a) "School" means a building in which any part is used for more than three
hours each weekday during a school year as a public or private:
(i) elementary school;
(ii) secondary school; or
(iii) kindergarten.
(b) "School" does not include:
(i) a nursery school;
(ii) a day care center;
(iii) a trade and technical school;
(iv) a preschool; or
(v) a home school.
(116) "Secondary flavoring ingredient" means any spirituous liquor added to a
beverage for additional flavoring that is different in type, flavor, or brand from the primary
spirituous liquor in the beverage.
(117) "Sell" or "offer for sale" means a transaction, exchange, or barter whereby, for
consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered,
delivered for value, or by a means or under a pretext is promised or obtained, whether done by
a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules
made by the commission.
(118) "Serve" means to place an alcoholic product before an individual.
(119) "Sexually oriented entertainer" means a person who while in a state of
seminudity appears at or performs:
(a) for the entertainment of one or more patrons;
(b) on the premises of:
(i) a bar licensee; or
(ii) a tavern;
(c) on behalf of or at the request of the licensee described in Subsection (119)(b);
(d) on a contractual or voluntary basis; and
(e) whether or not the person is designated as:
(i) an employee;
(ii) an independent contractor;
(iii) an agent of the licensee; or
(iv) a different type of classification.
(120) "Shared seating area" means the licensed premises of two or more restaurant
licensees that the restaurant licensees share as an area for alcoholic beverage consumption in
accordance with Subsection 
32B-5-207
(3).
(121) "Single event permit" means a permit issued in accordance with Chapter 9, Part
3, Single Event Permit.
(122) "Small brewer" means a brewer who manufactures less than 60,000 barrels of
beer, heavy beer, and flavored malt beverage per year, as the department calculates by:
(a) if the brewer is part of a controlled group of manufacturers, including the combined
volume totals of production for all breweries that constitute the controlled group of
manufacturers; and
(b) excluding beer, heavy beer, or flavored malt beverage the brewer:
(i) manufactures that is unfit for consumption as, or in, a beverage, as the commission
determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act; and
(ii) does not sell for consumption as, or in, a beverage.
(123) "Small or unincorporated locality" means:
(a) a city of the third, fourth, or fifth class, as classified under Section 
10-2-301
;
(b) a town, as classified under Section 
10-2-301
; or
(c) an unincorporated area in a county of the third, fourth, or fifth class, as classified
under Section 
17-50-501
.
(124) "Spa sublicense" means a sublicense:
(a) to a resort license or hotel license; and
(b) that the commission issues in accordance with Chapter 8d, Part 2, Resort Spa
Sublicense.
(125) "Special use permit" means a permit issued in accordance with Chapter 10,
Special Use Permit Act.
(126) (a) "Spirituous liquor" means liquor that is distilled.
(b) "Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by
27 U.S.C. Sec. 211 and 27 C.F.R. Sec. 5.11 through 5.23.
(127) "Sports center" is as defined by the commission by rule.
(128) (a) "Staff" means an individual who engages in activity governed by this title:
(i) on behalf of a business, including a package agent, licensee, permittee, or certificate
holder;
(ii) at the request of the business, including a package agent, licensee, permittee, or
certificate holder; or
(iii) under the authority of the business, including a package agent, licensee, permittee,
or certificate holder.
(b) "Staff" includes:
(i) an officer;
(ii) a director;
(iii) an employee;
(iv) personnel management;
(v) an agent of the licensee, including a managing agent;
(vi) an operator; or
(vii) a representative.
(129) "State of nudity" means:
(a) the appearance of:
(i) the nipple or areola of a female human breast;
(ii) a human genital;
(iii) a human pubic area; or
(iv) a human anus; or
(b) a state of dress that fails to opaquely cover:
(i) the nipple or areola of a female human breast;
(ii) a human genital;
(iii) a human pubic area; or
(iv) a human anus.
(130) "State of seminudity" means a state of dress in which opaque clothing covers no
more than:
(a) the nipple and areola of the female human breast in a shape and color other than the
natural shape and color of the nipple and areola; and
(b) the human genitals, pubic area, and anus:
(i) with no less than the following at its widest point:
(A) four inches coverage width in the front of the human body; and
(B) five inches coverage width in the back of the human body; and
(ii) with coverage that does not taper to less than one inch wide at the narrowest point.
(131) (a) "State store" means a facility for the sale of packaged liquor:
(i) located on premises owned or leased by the state; and
(ii) operated by a state employee.
(b) "State store" does not include:
(i) a package agency;
(ii) a licensee; or
(iii) a permittee.
(132) (a) "Storage area" means an area on licensed premises where the licensee stores
an alcoholic product.
(b) "Store" means to place or maintain in a location an alcoholic product.
(133) "Sublicense" means:
(a) any of the following licenses issued as a subordinate license to, and contingent on
the issuance of, a principal license:
(i) a full-service restaurant license;
(ii) a limited-service restaurant license;
(iii) a bar establishment license;
(iv) an on-premise banquet license;
(v) an on-premise beer retailer license;
(vi) a beer-only restaurant license; or
(vii) a hospitality amenity license; or
(b) a spa sublicense.
(134) "Supplier" means a person who sells an alcoholic product to the department.
(135) "Tavern" means an on-premise beer retailer who is:
(a) issued a license by the commission in accordance with Chapter 5, Retail License
Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
(b) designated by the commission as a tavern in accordance with Chapter 6, Part 7,
On-Premise Beer Retailer License.
(136) "Temporary beer event permit" means a permit issued in accordance with
Chapter 9, Part 4, Temporary Beer Event Permit.
(137) "Temporary domicile" means the principal place of abode within Utah of a
person who does not have a present intention to continue residency within Utah permanently or
indefinitely.
(138) "Translucent" means a substance that allows light to pass through, but does not
allow an object or person to be seen through the substance.
(139) "Unsaleable liquor merchandise" means a container that:
(a) is unsaleable because the container is:
(i) unlabeled;
(ii) leaky;
(iii) damaged;
(iv) difficult to open; or
(v) partly filled;
(b) (i) has faded labels or defective caps or corks;
(ii) has contents that are:
(A) cloudy;
(B) spoiled; or
(C) chemically determined to be impure; or
(iii) contains:
(A) sediment; or
(B) a foreign substance; or
(c) is otherwise considered by the department as unfit for sale.
(140) (a) "Wine" means an alcoholic product obtained by the fermentation of the
natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or not
another ingredient is added.
(b) "Wine" includes:
(i) an alcoholic beverage defined as wine under 27 U.S.C. Sec. 211 and 27 C.F.R. Sec.
4.10; and
(ii) hard cider.
(c) "Wine" is considered liquor for purposes of this title, except as otherwise provided
in this title.
(141) "Winery manufacturing license" means a license issued in accordance with
Chapter 11, Part 3, Winery Manufacturing License.
Section 79. Section 
32B-1-702
 is amended to read:
32B-1-702.
Alcohol training and education -- Revocation, suspension, or
nonrenewal of retail license.
(1) The commission may suspend, revoke, or not renew a license of a retail licensee if
any of the following individuals fail to complete an alcohol training and education seminar:
(a) a retail manager; or
(b) retail staff.
(2) A city, town[
, metro township
], or county in which a retail licensee conducts
business may suspend, revoke, or not renew the business license of the retail licensee if a retail
manager or retail staff fails to complete an alcohol training and education seminar.
(3) A local authority that issues an off-premise beer retailer license to a business that is
engaged in the retail sale of beer for consumption off the beer retailer's premises may
immediately suspend the off-premise beer retailer license if any of the following individuals
fails to complete an alcohol training and education seminar:
(a) an off-premise retail manager; or
(b) off-premise retail staff.
Section 80. Section 
32B-1-704
 is amended to read:
32B-1-704.
Department training programs.
(1) No later than January 1, 2018, the department shall develop the following training
programs that are provided either in-person or online:
(a) a training program for retail managers that addresses:
(i) the statutes and rules that govern alcohol sales and consumption in the state;
(ii) the requirements for operating as a retail licensee;
(iii) using compliance assistance from the department; and
(iv) any other topic the department determines beneficial to a retail manager; and
(b) a training program for an individual employed by a retail licensee or an off-premise
beer retailer who violates a provision of this title related to the sale, service, or furnishing of an
alcoholic beverage to an intoxicated individual or a minor, that addresses:
(i) the statutes and rules that govern the most common types of violations under this
title;
(ii) how to avoid common violations; and
(iii) any other topic the department determines beneficial to the training program.
(2) No later than January 1, 2019, the department shall develop a training program for
off-premise retail managers that is provided either in-person or online and addresses:
(a) the statutes and rules that govern sales at an off-premise beer retailer;
(b) the requirements for operating an off-premise beer retailer;
(c) using compliance assistance from the department; and
(d) any other topic the department determines beneficial to an off-premise retail
manager.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
the provisions of this section, the department shall make rules to develop and implement the
training programs described in this section, including rules that establish:
(a) the requirements for each training program described in this section;
(b) measures that accurately identify each individual who takes and completes a
training program;
(c) measures that ensure an individual taking a training program is focused and actively
engaged in the training material throughout the training program;
(d) a record that certifies that an individual has completed a training program; and
(e) a fee for participation in a training program to cover the department's cost of
providing the training program.
(4) (a) Each retail manager shall complete the training described in Subsection (1)(a)
no later than the later of:
(i) 30 days after the day on which the retail manager is hired; or
(ii) the day on which the retail licensee obtains a retail license.
(b) Each off-premise retail manager shall complete the training described in
Subsection (2) no later than the later of:
(i) 30 days after the day on which the off-premise retail manager is hired; or
(ii) 30 days after the day on which the off-premise beer retailer obtains an off-premise
beer retailer state license.
(c) (i) If the commission finds that a retail licensee violated a provision of this title
related to the sale, service, or furnishing of an alcoholic beverage to an intoxicated individual
or a minor for a second time within 36 consecutive months after the day on which the first
violation was adjudicated, the violator, all retail staff, and each retail manager shall complete
the training program described in Subsection (1)(b).
(ii) If the commission finds that an off-premise beer retailer violated a provision of this
title related to the sale, service, or furnishing of an alcoholic beverage to an intoxicated
individual or a minor for a second time within 36 consecutive months after the day on which
the first violation was adjudicated, the violator and each off-premise retail manager shall
complete the training program described in Subsection (1)(b).
(5) If an individual fails to complete a required training program under this section:
(a) the commission may suspend, revoke, or not renew the retail license or off-premise
beer retailer state license;
(b) a city, town[
, metro township
], or county in which the retail licensee or off-premise
beer retailer is located may suspend, revoke, or not renew the retail licensee's or off-premise
beer retailer's business license; or
(c) a local authority may suspend, revoke, or not renew the off-premise beer retailer's
license.
Section 81. Section 
32B-2-402
 is amended to read:
32B-2-402.
Definitions -- Calculations.
(1) As used in this part:
(a) "Account" means the Alcoholic Beverage and Substance Abuse Enforcement and
Treatment Restricted Account created in Section 
32B-2-403
.
(b) "Advisory council" means the Utah Substance Use and Mental Health Advisory
Council created in Section 
63M-7-301
.
(c) "Alcohol-related offense" means:
(i) a violation of:
(A) Section 
41-6a-502
; or
(B) an ordinance that complies with the requirements of:
(I) Subsection 
41-6a-510
(1); or
(II) Section 
76-5-207
; or
(ii) an offense involving the illegal:
(A) sale of an alcoholic product;
(B) consumption of an alcoholic product;
(C) distribution of an alcoholic product;
(D) transportation of an alcoholic product; or
(E) possession of an alcoholic product.
(d) "Annual conviction time period" means the time period that:
(i) begins on July 1 and ends on June 30; and
(ii) immediately precedes the fiscal year for which an appropriation under this part is
made.
(e) "Municipality" means[
:
] 
a city or town.
[
(i) a city;
]
[
(ii) a town; or
]
[
(iii) a metro township.
]
(f) (i) "Prevention" is as defined by rule, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, by the Division of Integrated Healthcare within the
Department of Health and Human Services.
(ii) In defining the term "prevention," the Division of Substance Abuse and Mental
Health shall:
(A) include only evidence-based or evidence-informed programs; and
(B) provide for coordination with local substance abuse authorities designated to
provide substance abuse services in accordance with Section 
17-43-201
.
(2) For purposes of Subsection 
32B-2-404
(1)(b)(iii), the number of premises located
within the limits of a municipality or county:
(a) is the number determined by the department to be so located;
(b) includes the aggregate number of premises of the following:
(i) a state store;
(ii) a package agency; and
(iii) a retail licensee; and
(c) for a county, consists only of the number located within an unincorporated area of
the county.
(3) The department shall determine:
(a) a population figure according to the most current population estimate prepared by
the Utah Population Committee;
(b) a county's population for the 25% distribution to municipalities and counties under
Subsection 
32B-2-404
(1)(b)(i) only with reference to the population in the unincorporated
areas of the county; and
(c) a county's population for the 25% distribution to counties under Subsection
32B-2-404
(1)(b)(iv) only with reference to the total population in the county, including that of
a municipality.
(4) (a) A conviction occurs in the municipality or county that actually prosecutes the
offense to judgment.
(b) If a conviction is based upon a guilty plea, the conviction is considered to occur in
the municipality or county that, except for the guilty plea, would have prosecuted the offense.
Section 82. Section 
32B-4-202
 is amended to read:
32B-4-202.
Duties to enforce this title.
It is the duty of the following to diligently enforce this title in their respective
capacities:
(1) the governor;
(2) a commissioner;
(3) the director;
(4) an official, inspector, or department employee;
(5) a prosecuting official of the state or its political subdivisions;
(6) a county, city, 
or
 town[
, or metro township
];
(7) a peace officer, sheriff, deputy sheriff, constable, marshal, or law enforcement
official;
(8) a state health official; and
(9) a clerk of the court.
Section 83. Section 
35A-8-805
 is amended to read:
35A-8-805.
Reporting requirements.
(1) As used in this section:
(a) "Affordable housing" means, as determined by the department, the number of
housing units within a county or municipality where a household whose income is at or below
50% of area median income is able to live in a unit without spending more than 30% of their
income on housing costs.
(b) "County" means the unincorporated area of a county.
(c) "Low-income housing" means, as determined by the department, the number of
Section 42, Internal Revenue Code, housing units within a county or municipality.
(d) "Municipality" means a city[
,
] 
or
 town[
, or metro township
].
(2) (a) On or before October 1 of each year, the division shall provide a report to the
department for inclusion in the department's annual report described in Section 
35A-1-109
.
(b) The report shall include:
(i) an estimate of how many affordable housing units and how many low-income
housing units are available in each county and municipality in the state;
(ii) a determination of the percentage of affordable housing available in each county
and municipality in the state as compared to the statewide average;
(iii) a determination of the percentage of low-income housing available in each county
and municipality in the state as compared to the statewide average; and
(iv) a description of how information in the report was calculated.
Section 84. Section 
35A-16-401
 is amended to read:
35A-16-401.
Definitions.
As used in this part:
(1) "Account" means the Homeless Shelter Cities Mitigation Restricted Account
created in Section 
35A-16-402
.
(2) "Authorized provider" means a nonprofit provider of homeless services that is
authorized by a third-tier eligible municipality to operate a temporary winter response shelter
within the municipality in accordance with Part 5, Winter Response Plan Requirements.
(3) "Eligible municipality" means:
(a) a first-tier eligible municipality;
(b) a second-tier eligible municipality; or
(c) a third-tier eligible municipality.
(4) "Eligible services" means any activities or services that mitigate the impacts of the
location of an eligible shelter, including direct services, public safety services, and emergency
services, as further defined by rule made by the office in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act.
(5) "Eligible shelter" means:
(a) for a first-tier eligible municipality, a homeless shelter that:
(i) has the capacity to provide temporary shelter to at least 80 individuals per night, as
verified by the office;
(ii) operates year-round; and
(iii) is not subject to restrictions that limit the hours, days, weeks, or months of
operation;
(b) for a second-tier municipality, a homeless shelter that:
(i) has the capacity to provide temporary shelter to at least 25 individuals per night, as
verified by the office;
(ii) operates year-round; and
(iii) is not subject to restrictions that limit the hours, days, weeks, or months of
operation; and
(c) for a third-tier eligible municipality, a homeless shelter that:
(i) (A) has the capacity to provide temporary shelter to at least 50 individuals per night,
as verified by the office; and
(B) operates for no less than three months during the period beginning October 1 and
ending April 30 of the following year; or
(ii) (A) meets the definition of a homeless shelter under Section 
35A-16-501
; and
(B) increases capacity during a winter response period, as defined in Section
35A-16-501
, in accordance with Subsection 
35A-16-502
(6)(a).
(6) "First-tier eligible municipality" means a municipality that:
(a) is located within a county of the first or second class;
(b) as determined by the office, has or is proposed to have an eligible shelter within the
municipality's geographic boundaries within the following fiscal year;
(c) due to the location of an eligible shelter within the municipality's geographic
boundaries, requires eligible services; and
(d) is certified as a first-tier eligible municipality in accordance with Section
35A-16-404
.
(7) "Homeless shelter" means a facility that provides or is proposed to provide
temporary shelter to individuals experiencing homelessness.
(8) "Municipality" means a city[
,
] 
or
 town[
, or metro township
].
(9) "Public safety services" means law enforcement, emergency medical services, or
fire protection.
(10) "Second-tier eligible municipality" means a municipality that:
(a) is located within a county of the third, fourth, fifth, or sixth class;
(b) as determined by the office, has or is proposed to have an eligible shelter within the
municipality's geographic boundaries within the following fiscal year;
(c) due to the location of an eligible shelter within the municipality's geographic
boundaries, requires eligible services; and
(d) is certified as a second-tier eligible municipality in accordance with Section
35A-16-404
.
(11) "Third-tier eligible municipality" means a municipality that:
(a) as determined by the office, has or is proposed to have an eligible shelter within the
municipality's geographic boundaries within the following fiscal year; and
(b) due to the location of an eligible shelter within the municipality's geographic
boundaries, requires eligible services.
Section 85. Section 
35A-16-501
 is amended to read:
35A-16-501.
Definitions.
As used in this part:
(1) "Applicable county" means a county of the first or second class.
(2) "Applicable local homeless council" means the local homeless council that is
responsible for coordinating homeless response within an applicable county.
(3) "Capacity limit" means a limit as to the number of individuals that a homeless
shelter may provide overnight shelter to under a conditional use permit.
(4) "Chief executive officer" means the same as that term is defined in Section
11-51-102
.
(5) "Community location" means the same as that term is defined in Section 
10-8-41.6
.
(6) "Conference of mayors" means an association consisting of the mayor of each
municipality located within a county.
(7) "Council of governments" means the same as that term is defined in Section
72-2-117.5
.
(8) "County winter response task force" or "task force" means a task force described in
Section 
35A-16-501.5
.
(9) "Homeless shelter" means a facility that:
(a) provides temporary shelter to individuals experiencing homelessness;
(b) operates year-round; and
(c) is not subject to restrictions that limit the hours, days, weeks, or months of
operation.
(10) "Municipality" means a city[
,
] 
or
 town[
, or metro township
].
(11) "State facility" means the same as that term is defined in Section 
63A-5b-1001
.
(12) "Subsequent winter response period" means the winter response period that begins
on October 15 of the year in which a county winter response task force is required to submit a
winter response plan to the office under Section 
35A-16-502
.
(13) "Targeted winter response bed count" means the targeted bed count number for an
applicable county during the winter response period, as determined jointly by the applicable
local homeless council and the office.
(14) "Temporary winter response shelter" means a facility that:
(a) provides temporary emergency shelter to individuals experiencing homelessness
during a winter response period; and
(b) does not operate year-round.
(15) "Winter response period" means the period beginning October 15 and ending
April 30 of the following year.
(16) "Winter response plan" means the plan described in Section 
35A-16-502
.
Section 86. Section 
35A-16-701
 is amended to read:
35A-16-701.
Definitions.
As used in this part:
(1) "Affected county" means a county of the first, second, third, or fourth class in
which a code blue event is anticipated.
(2) "Applicable local homeless council" means the local homeless council that is
responsible for coordinating homeless response within an affected county.
(3) "Capacity limit" means a limit as to the number of individuals that a homeless
shelter may provide temporary shelter to under a conditional use permit.
(4) "Code blue alert" means a proclamation issued by the Department of Health and
Human Services under Section 
35A-16-702
 to alert the public of a code blue event.
(5) "Code blue event" means a weather event in which the National Weather Service
predicts temperatures of 15 degrees Fahrenheit or less, including wind chill, or any other
extreme weather conditions established in rules made by the Department of Health and Human
Services under Subsection 
35A-16-702
(4), to occur in any county of the first, second, third, or
fourth class for two hours or longer within the next 24 to 48 hours.
(6) "Homeless shelter" means a facility that provides temporary shelter to individuals
experiencing homelessness.
(7) "Municipality" means a city[
,
] 
or
 town[
, or metro township
].
Section 87. Section 
36-11-102
 is amended to read:
36-11-102.
Definitions.
As used in this chapter:
(1) "Aggregate daily expenditures" means:
(a) for a single lobbyist, principal, or government officer, the total of all expenditures
made within a calendar day by the lobbyist, principal, or government officer for the benefit of
an individual public official;
(b) for an expenditure made by a member of a lobbyist group, the total of all
expenditures made within a calendar day by every member of the lobbyist group for the benefit
of an individual public official; or
(c) for a multiclient lobbyist, the total of all expenditures made by the multiclient
lobbyist within a calendar day for the benefit of an individual public official, regardless of
whether the expenditures were attributed to different clients.
(2) "Approved activity" means an event, a tour, or a meeting:
(a) (i) to which a legislator or another nonexecutive branch public official is invited;
and
(ii) attendance at which is approved by:
(A) the speaker of the House of Representatives, if the public official is a member of
the House of Representatives or another nonexecutive branch public official; or
(B) the president of the Senate, if the public official is a member of the Senate or
another nonexecutive branch public official; or
(b) (i) to which a public official who holds a position in the executive branch of state
government is invited; and
(ii) attendance at which is approved by the governor or the lieutenant governor.
(3) "Board of education" means:
(a) a local school board described in Title 53G, Chapter 4, School Districts;
(b) the State Board of Education;
(c) the State Charter School Board created under Section 
53G-5-201
; or
(d) a charter school governing board described in Title 53G, Chapter 5, Charter
Schools.
(4) "Capitol hill complex" means the same as that term is defined in Section
63C-9-102
.
(5) (a) "Compensation" means anything of economic value, however designated, that is
paid, loaned, granted, given, donated, or transferred to an individual for the provision of
services or ownership before any withholding required by federal or state law.
(b) "Compensation" includes:
(i) a salary or commission;
(ii) a bonus;
(iii) a benefit;
(iv) a contribution to a retirement program or account;
(v) a payment includable in gross income, as defined in Section 62, Internal Revenue
Code, and subject to social security deductions, including a payment in excess of the maximum
amount subject to deduction under social security law;
(vi) an amount that the individual authorizes to be deducted or reduced for salary
deferral or other benefits authorized by federal law; or
(vii) income based on an individual's ownership interest.
(6) "Compensation payor" means a person who pays compensation to a public official
in the ordinary course of business:
(a) because of the public official's ownership interest in the compensation payor; or
(b) for services rendered by the public official on behalf of the compensation payor.
(7) "Education action" means:
(a) a resolution, policy, or other official action for consideration by a board of
education;
(b) a nomination or appointment by an education official or a board of education;
(c) a vote on an administrative action taken by a vote of a board of education;
(d) an adjudicative proceeding over which an education official has direct or indirect
control;
(e) a purchasing or contracting decision;
(f) drafting or making a policy, resolution, or rule;
(g) determining a rate or fee; or
(h) making an adjudicative decision.
(8) "Education official" means:
(a) a member of a board of education;
(b) an individual appointed to or employed in a position under a board of education, if
that individual:
(i) occupies a policymaking position or makes purchasing or contracting decisions;
(ii) drafts resolutions or policies or drafts or makes rules;
(iii) determines rates or fees;
(iv) makes decisions relating to an education budget or the expenditure of public
money; or
(v) makes adjudicative decisions; or
(c) an immediate family member of an individual described in Subsection (8)(a) or (b).
(9) "Event" means entertainment, a performance, a contest, or a recreational activity
that an individual participates in or is a spectator at, including a sporting event, an artistic
event, a play, a movie, dancing, or singing.
(10) "Executive action" means:
(a) a nomination or appointment by the governor;
(b) the proposal, drafting, amendment, enactment, or defeat by a state agency of a rule
made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(c) agency ratemaking proceedings; or
(d) an adjudicative proceeding of a state agency.
(11) (a) "Expenditure" means any of the items listed in this Subsection (11)(a) when
given to or for the benefit of a public official unless consideration of equal or greater value is
received:
(i) a purchase, payment, or distribution;
(ii) a loan, gift, or advance;
(iii) a deposit, subscription, or forbearance;
(iv) services or goods;
(v) money;
(vi) real property;
(vii) a ticket or admission to an event; or
(viii) a contract, promise, or agreement, whether or not legally enforceable, to provide
any item listed in Subsections (11)(a)(i) through (vii).
(b) "Expenditure" does not mean:
(i) a commercially reasonable loan made in the ordinary course of business;
(ii) a campaign contribution:
(A) reported in accordance with Title 20A, Chapter 11, Campaign and Financial
Reporting Requirements, Section 
10-3-208
, Section 
17-16-6.5
, or any applicable ordinance
adopted under Subsection 
10-3-208
(6) or 
17-16-6.5
(1); or
(B) lawfully given to a person that is not required to report the contribution under a law
or ordinance described in Subsection (11)(b)(ii)(A);
(iii) printed informational material that is related to the performance of the recipient's
official duties;
(iv) a devise or inheritance;
(v) any item listed in Subsection (11)(a) if:
(A) given by a relative;
(B) given by a compensation payor for a purpose solely unrelated to the public
official's position as a public official;
(C) the item is food or beverage with a value that does not exceed the food
reimbursement rate, and the aggregate daily expenditures for food and beverage do not exceed
the food reimbursement rate; or
(D) the item is not food or beverage, has a value of less than $10, and the aggregate
daily expenditures do not exceed $10;
(vi) food or beverage that is provided at an event, a tour, or a meeting to which the
following are invited:
(A) all members of the Legislature;
(B) all members of a standing or interim committee;
(C) all members of an official legislative task force;
(D) all members of a party caucus; or
(E) all members of a group described in Subsections (11)(b)(vi)(A) through (D) who
are attending a meeting of a national organization whose primary purpose is addressing general
legislative policy;
(vii) food or beverage that is provided at an event, a tour, or a meeting to a public
official who is:
(A) giving a speech at the event, tour, or meeting;
(B) participating in a panel discussion at the event, tour, or meeting; or
(C) presenting or receiving an award at the event, tour, or meeting;
(viii) a plaque, commendation, or award that:
(A) is presented in public; and
(B) has the name of the individual receiving the plaque, commendation, or award
inscribed, etched, printed, or otherwise permanently marked on the plaque, commendation, or
award;
(ix) a gift that:
(A) is an item that is not consumable and not perishable;
(B) a public official, other than a local official or an education official, accepts on
behalf of the state;
(C) the public official promptly remits to the state;
(D) a property administrator does not reject under Section 
63G-23-103
;
(E) does not constitute a direct benefit to the public official before or after the public
official remits the gift to the state; and
(F) after being remitted to the state, is not transferred, divided, distributed, or used to
distribute a gift or benefit to one or more public officials in a manner that would otherwise
qualify the gift as an expenditure if the gift were given directly to a public official;
(x) any of the following with a cash value not exceeding $30:
(A) a publication; or
(B) a commemorative item;
(xi) admission to or attendance at an event, a tour, or a meeting, the primary purpose of
which is:
(A) to solicit a contribution that is reportable under Title 20A, Chapter 11, Campaign
and Financial Reporting Requirements, 2 U.S.C. Sec. 434, Section 
10-3-208
, Section
17-16-6.5
, or an applicable ordinance adopted under Subsection 
10-3-208
(6) or 
17-16-6.5
(1);
(B) to solicit a campaign contribution that a person is not required to report under a law
or ordinance described in Subsection (11)(b)(xi)(A); or
(C) charitable solicitation, as defined in Section 
13-22-2
;
(xii) travel to, lodging at, food or beverage served at, and admission to an approved
activity;
(xiii) sponsorship of an approved activity;
(xiv) notwithstanding Subsection (11)(a)(vii), admission to, attendance at, or travel to
or from an event, a tour, or a meeting:
(A) that is sponsored by a governmental entity;
(B) that is widely attended and related to a governmental duty of a public official;
(C) for a local official, that is sponsored by an organization that represents only local
governments, including the Utah Association of Counties, the Utah League of Cities and
Towns, or the Utah Association of Special Districts; or
(D) for an education official, that is sponsored by a public school, a charter school, or
an organization that represents only public schools or charter schools, including the Utah
Association of Public Charter Schools, the Utah School Boards Association, or the Utah
School Superintendents Association; or
(xv) travel to a widely attended tour or meeting related to a governmental duty of a
public official if that travel results in a financial savings to:
(A) for a public official who is not a local official or an education official, the state; or
(B) for a public official who is a local official or an education official, the local
government or board of education to which the public official belongs.
(12) "Food reimbursement rate" means the total amount set by the director of the
Division of Finance, by rule, under Section 
63A-3-107
, for in-state meal reimbursement, for an
employee of the executive branch, for an entire day.
(13) (a) "Foreign agent" means an individual who engages in lobbying under contract
with a foreign government.
(b) "Foreign agent" does not include an individual who is recognized by the United
States Department of State as a duly accredited diplomatic or consular officer of a foreign
government, including a duly accredited honorary consul.
(14) "Foreign government" means a government other than the government of:
(a) the United States;
(b) a state within the United States;
(c) a territory or possession of the United States; or
(d) a political subdivision of the United States.
(15) (a) "Government officer" means:
(i) an individual elected to a position in state or local government, when acting in the
capacity of the state or local government position;
(ii) an individual elected to a board of education, when acting in the capacity of a
member of a board of education;
(iii) an individual appointed to fill a vacancy in a position described in Subsection
(15)(a)(i) or (ii), when acting in the capacity of the position; or
(iv) an individual appointed to or employed in a full-time position by state government,
local government, or a board of education, when acting in the capacity of the individual's
appointment or employment.
(b) "Government officer" does not mean a member of the legislative branch of state
government.
(16) "Immediate family" means:
(a) a spouse;
(b) a child residing in the household; or
(c) an individual claimed as a dependent for tax purposes.
(17) "Legislative action" means:
(a) a bill, resolution, amendment, nomination, veto override, or other matter pending or
proposed in either house of the Legislature or its committees or requested by a legislator; and
(b) the action of the governor in approving or vetoing legislation.
(18) "Lobbying" means communicating with a public official for the purpose of
influencing a legislative action, executive action, local action, or education action.
(19) (a) "Lobbyist" means:
(i) an individual who is employed by a principal; or
(ii) an individual who contracts for economic consideration, other than reimbursement
for reasonable travel expenses, with a principal to lobby a public official.
(b) "Lobbyist" does not include:
(i) a government officer;
(ii) a member or employee of the legislative branch of state government;
(iii) a person, including a principal, while appearing at, or providing written comments
to, a hearing conducted in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act or Title 63G, Chapter 4, Administrative Procedures Act;
(iv) a person participating on or appearing before an advisory or study task force,
commission, board, or committee, constituted by the Legislature, a local government, a board
of education, or any agency or department of state government, except legislative standing,
appropriation, or interim committees;
(v) a representative of a political party;
(vi) an individual representing a bona fide church solely for the purpose of protecting
the right to practice the religious doctrines of the church, unless the individual or church makes
an expenditure that confers a benefit on a public official;
(vii) a newspaper, television station or network, radio station or network, periodical of
general circulation, or book publisher for the purpose of publishing news items, editorials,
other comments, or paid advertisements that directly or indirectly urge legislative action,
executive action, local action, or education action;
(viii) an individual who appears on the individual's own behalf before a committee of
the Legislature, an agency of the executive branch of state government, a board of education,
the governing body of a local government, a committee of a local government, or a committee
of a board of education, solely for the purpose of testifying in support of or in opposition to
legislative action, executive action, local action, or education action; or
(ix) an individual representing a business, entity, or industry, who:
(A) interacts with a public official, in the public official's capacity as a public official,
while accompanied by a registered lobbyist who is lobbying in relation to the subject of the
interaction or while presenting at a legislative committee meeting at the same time that the
registered lobbyist is attending another legislative committee meeting; and
(B) does not make an expenditure for, or on behalf of, a public official in relation to the
interaction or during the period of interaction.
(20) "Lobbyist group" means two or more lobbyists, principals, government officers, or
any combination of lobbyists, principals, and government officers, who each contribute a
portion of an expenditure made to benefit a public official or member of the public official's
immediate family.
(21) "Local action" means:
(a) an ordinance or resolution for consideration by a local government;
(b) a nomination or appointment by a local official or a local government;
(c) a vote on an administrative action taken by a vote of a local government's
legislative body;
(d) an adjudicative proceeding over which a local official has direct or indirect control;
(e) a purchasing or contracting decision;
(f) drafting or making a policy, resolution, or rule;
(g) determining a rate or fee; or
(h) making an adjudicative decision.
(22) "Local government" means:
(a) a county, city, 
or
 town[
, or metro township
];
(b) a special district governed by Title 17B, Limited Purpose Local Government
Entities - Special Districts;
(c) a special service district governed by Title 17D, Chapter 1, Special Service District
Act;
(d) a community reinvestment agency governed by Title 17C, Limited Purpose Local
Government Entities - Community Reinvestment Agency Act;
(e) a conservation district governed by Title 17D, Chapter 3, Conservation District Act;
(f) a redevelopment agency; or
(g) an interlocal entity or a joint cooperative undertaking governed by Title 11, Chapter
13, Interlocal Cooperation Act.
(23) "Local official" means:
(a) an elected member of a local government;
(b) an individual appointed to or employed in a position in a local government if that
individual:
(i) occupies a policymaking position or makes purchasing or contracting decisions;
(ii) drafts ordinances or resolutions or drafts or makes rules;
(iii) determines rates or fees; or
(iv) makes adjudicative decisions; or
(c) an immediate family member of an individual described in Subsection (23)(a) or
(b).
(24) "Meeting" means a gathering of people to discuss an issue, receive instruction, or
make a decision, including a conference, seminar, or summit.
(25) "Multiclient lobbyist" means a single lobbyist, principal, or government officer
who represents two or more clients and divides the aggregate daily expenditure made to benefit
a public official or member of the public official's immediate family between two or more of
those clients.
(26) "Principal" means a person that employs an individual to perform lobbying, either
as an employee or as an independent contractor.
(27) "Public official" means:
(a) (i) a member of the Legislature;
(ii) an individual elected to a position in the executive branch of state government; or
(iii) an individual appointed to or employed in a position in the executive or legislative
branch of state government if that individual:
(A) occupies a policymaking position or makes purchasing or contracting decisions;
(B) drafts legislation or makes rules;
(C) determines rates or fees; or
(D) makes adjudicative decisions;
(b) an immediate family member of a person described in Subsection (27)(a);
(c) a local official; or
(d) an education official.
(28) "Public official type" means a notation to identify whether a public official is:
(a) (i) a member of the Legislature;
(ii) an individual elected to a position in the executive branch of state government;
(iii) an individual appointed to or employed in a position in the legislative branch of
state government who meets the definition of public official under Subsection (27)(a)(iii);
(iv) an individual appointed to or employed in a position in the executive branch of
state government who meets the definition of public official under Subsection (27)(a)(iii);
(v) a local official, including a description of the type of local government for which
the individual is a local official; or
(vi) an education official, including a description of the type of board of education for
which the individual is an education official; or
(b) an immediate family member of an individual described in Subsection (27)(a), (c),
or (d).
(29) "Quarterly reporting period" means the three-month period covered by each
financial report required under Subsection 
36-11-201
(2)(a).
(30) "Related person" means a person, agent, or employee who knowingly and
intentionally assists a lobbyist, principal, or government officer in lobbying.
(31) "Relative" means:
(a) a spouse;
(b) a child, parent, grandparent, grandchild, brother, sister, parent-in-law,
brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin; or
(c) a spouse of an individual described in Subsection (31)(b).
(32) "Tour" means visiting a location, for a purpose relating to the duties of a public
official, and not primarily for entertainment, including:
(a) viewing a facility;
(b) viewing the sight of a natural disaster; or
(c) assessing a circumstance in relation to which a public official may need to take
action within the scope of the public official's duties.
Section 88. Section 
41-1a-1222
 is amended to read:
41-1a-1222.
Local option highway construction and transportation corridor
preservation fee -- Exemptions -- Deposit -- Transfer -- County ordinance -- Notice.
(1) As used in this section[
: (a) "Metro township" means the same as that term is
defined in Section 
10-2a-403
. (b) "Unincorporated"
]
, "unincorporated"
 means the same as that
term is defined in Section 
10-1-104
.
(2) (a) (i) Except as provided in Subsection (2)(a)(ii), a county legislative body may
impose a local option highway construction and transportation corridor preservation fee of up
to $10 on each motor vehicle registration within the county.
(ii) A county legislative body may impose a local option highway construction and
transportation corridor preservation fee of up to $7.75 on each motor vehicle registration for a
six-month registration period under Section 
41-1a-215.5
 within the county.
(iii) A fee imposed under Subsection (2)(a)(i) or (ii) shall be set in whole dollar
increments.
(b) If imposed under Subsection (2)(a), at the time application is made for registration
or renewal of registration of a motor vehicle under this chapter, the applicant shall pay the local
option highway construction and transportation corridor preservation fee established by the
county legislative body.
(c) The following are exempt from the fee required under Subsection (2)(a):
(i) a motor vehicle that is exempt from the registration fee under Section 
41-1a-1209
 or
Subsection 
41-1a-419
(3);
(ii) a commercial vehicle with an apportioned registration under Section 
41-1a-301
;
and
(iii) a motor vehicle with a Purple Heart special group license plate issued:
(A) on or before December 31, 2023; or
(B) in accordance with Part 16, Sponsored Special Group License Plates.
(3) (a) Except as provided in Subsection (3)(b), the revenue generated under this
section shall be:
(i) deposited in the Local Highway and Transportation Corridor Preservation Fund
created in Section 
72-2-117.5
;
(ii) credited to the county from which it is generated; and
(iii) used and distributed in accordance with Section 
72-2-117.5
.
(b) The revenue generated by a fee imposed under this section in a county of the first
class shall be deposited or transferred as follows:
(i) 50% of the revenue shall be:
(A) deposited in the County of the First Class Highway Projects Fund created in
Section 
72-2-121
; and
(B) used in accordance with Section 
72-2-121
;
(ii) 30% of the revenue shall be deposited, credited, and used as provided in Subsection
(3)(a); and
(iii) 20% of the revenue shall be transferred to the legislative body of a county of the
first class.
(4) Beginning in a fiscal year beginning on or after July 1, 2023, and for 15 years
thereafter, the legislative body of the county of the first class shall annually transfer, from the
revenue transferred to the legislative body of a county of the first class as described in
Subsection (3)(b)(iii):
(a) $300,000 to Kearns [
township
]; and
(b) $225,000 to Magna [
township
].
(5) To impose or change the amount of a fee under this section, the county legislative
body shall pass an ordinance:
(a) approving the fee;
(b) setting the amount of the fee; and
(c) providing an effective date for the fee as provided in Subsection (6).
(6) (a) If a county legislative body enacts, changes, or repeals a fee under this section,
the enactment, change, or repeal shall take effect on July 1 if the commission receives notice
meeting the requirements of Subsection (6)(b) from the county prior to April 1.
(b) The notice described in Subsection (6)(a) shall:
(i) state that the county will enact, change, or repeal a fee under this part;
(ii) include a copy of the ordinance imposing the fee; and
(iii) if the county enacts or changes the fee under this section, state the amount of the
fee.
Section 89. Section 
41-6a-1115.1
 is amended to read:
41-6a-1115.1.
Scooter-share programs -- Local ordinances regulating motor
assisted scooters.
(1) For the purposes of this section:
(a) "Local authority" means a county, city, 
or
 town[
, or metro township
].
(b) "Scooter-share operator" means a person offering a shared scooter for hire.
(c) "Scooter-share program" means the offering of a shared scooter for hire.
(d) "Shared scooter" means a motor assisted scooter offered for hire.
(2) A local authority may regulate the operation of a motor assisted scooter within its
jurisdiction.
(3) A local authority may authorize the operation of a motor assisted scooter on
sidewalks and regulate the operation, including the maximum speed on the sidewalks.
(4) A regulation adopted by a local authority pursuant to this section regarding the
operation of a motor assisted scooter shall be consistent with the regulation of bicycles and this
title.
(5) (a) A local authority may regulate the operation of a scooter-share program within
its jurisdiction. Regulation of scooter-share programs shall be consistent with this Subsection
(5).
(b) A shared scooter shall bear a single unique alphanumeric identification visible from
a distance of five feet, that may not be obfuscated by branding or other markings, and that shall
be used throughout the state, including by local authorities, to identify the shared scooter.
(c) A scooter-share operator shall maintain the following insurance coverage dedicated
exclusively for operation of shared scooters:
(i) commercial general liability insurance coverage with a limit of at least $1,000,000
each occurrence and $5,000,000 aggregate;
(ii) automobile insurance coverage with a limit of at least $1,000,000 each occurrence
and $1,000,000 aggregate;
(iii) umbrella or excess liability coverage with a limit of at least $5,000,000 each
occurrence and $5,000,000 aggregate; and
(iv) when the scooter-share operator employs an individual, workers' compensation
coverage of no less than required by law.
(d) Penalties for a moving or parking violation involving a motor assisted scooter or a
shared scooter shall be assessed to the person responsible for the violation, and may not exceed
penalties assessed to a rider of a bicycle.
(e) A scooter-share operator may be required to pay fees, provided that the total
amount of the fees collected may not exceed the reasonable and necessary cost to the local
authority of administering scooter-share programs, including a reasonable fee for the use of the
right-of-way, commensurate and proportional to fees charged for similar uses.
(f) A scooter-share operator may be required to indemnify the local authority for
claims, demands, costs, including reasonable attorney fees, losses, or damages brought against
the local authority, and arising out of a negligent act, error, omission, or willful misconduct by
the scooter-share operator or the scooter-share operator's employees, except to the extent the
claims, demands, costs, losses, or damages arise out of such local authority's negligence or
willful misconduct.
(g) In the interests of safety and right-of-way management, a local authority may
designate locations where scooter-share operators may not stage shared scooters, provided that
at least one location shall be permitted on each side of each city block in commercial zones and
business districts.
(h) A local authority may require scooter-share operators, as a condition for operating a
scooter-share program, to provide to the local authority anonymized fleet and ride activity data
for completed trips starting or ending within the jurisdiction of the local authority on a vehicle
of the scooter-share operator or of any person or company controlled by, controlling, or under
common control with the scooter-share operator, provided that, to ensure individual privacy the
trip data:
(i) is provided via an application programming interface, subject to the scooter-share
operator's license agreement for such interface, in compliance with a national data format
specification;
(ii) provided shall be treated as trade secret and proprietary business information, and
may not be shared to third parties without the scooter-share operator's consent, and may not be
treated as owned by the local authority; and
(iii) shall be considered private information, and may not be disclosed under Title 63G,
Chapter 2, Government Records Access and Management Act, pursuant to a public records
request received by the local authority without prior aggregation or obfuscation to protect
individual privacy.
(i) In regulating a shared scooter or a scooter-share program, a local authority may not
impose any unduly restrictive requirement on a scooter-share operator, including:
(i) requiring operation below cost; or
(ii) subjecting riders of shared scooters to requirements more restrictive than those
applicable to riders of privately owned motor assisted scooters or bicycles.
Section 90. Section 
52-1-1
 is amended to read:
52-1-1.
Official bonds to run to state, county, municipality, or other agency.
[
When the law directs that a public officer shall give a bond without prescribing to
whom it shall run it shall be made, if the public officer is a state officer, to the state; if a
county, precinct or district officer, to the county; if a municipal officer, to the city, town, or
metro township; and if a school officer, to the board of education.
]
If a public officer is required to give a bond but the requirement does not prescribe to
whom the bond is to be made, the bond shall be made to:(1) the state, if the public officer is a
state officer;
(2) the county, if the public officer is a county, precinct, or district officer;
(3) the city or town, if the public officer is a municipal officer; or
(4) the board of education, if the public officer is a school officer.
Section 91. Section 
52-4-203
 is amended to read:
52-4-203.
Written minutes of open meetings -- Public records -- Recording of
meetings.
(1) Except as provided under Subsection (7), written minutes and a recording shall be
kept of all open meetings.
(2) (a) Written minutes of an open meeting shall include:
(i) the date, time, and place of the meeting;
(ii) the names of members present and absent;
(iii) the substance of all matters proposed, discussed, or decided by the public body
which may include a summary of comments made by members of the public body;
(iv) a record, by individual member, of each vote taken by the public body;
(v) the name of each person who:
(A) is not a member of the public body; and
(B) after being recognized by the presiding member of the public body, provided
testimony or comments to the public body;
(vi) the substance, in brief, of the testimony or comments provided by the public under
Subsection (2)(a)(v); and
(vii) any other information that is a record of the proceedings of the meeting that any
member requests be entered in the minutes or recording.
(b) A public body may satisfy the requirement under Subsection (2)(a)(iii) or (vi) that
minutes include the substance of matters proposed, discussed, or decided or the substance of
testimony or comments by maintaining a publicly available online version of the minutes that
provides a link to the meeting recording at the place in the recording where the matter is
proposed, discussed, or decided or the testimony or comments provided.
(c) A public body that has members who were elected to the public body shall satisfy
the requirement described in Subsection (2)(a)(iv) by recording each vote:
(i) in list format;
(ii) by category for each action taken by a member, including yes votes, no votes, and
absent members; and
(iii) by each member's name.
(3) A recording of an open meeting shall:
(a) be a complete and unedited record of all open portions of the meeting from the
commencement of the meeting through adjournment of the meeting; and
(b) be properly labeled or identified with the date, time, and place of the meeting.
(4) (a) As used in this Subsection (4):
(i) "Approved minutes" means written minutes:
(A) of an open meeting; and
(B) that have been approved by the public body that held the open meeting.
(ii) "Electronic information" means information presented or provided in an electronic
format.
(iii) "Pending minutes" means written minutes:
(A) of an open meeting; and
(B) that have been prepared in draft form and are subject to change before being
approved by the public body that held the open meeting.
(iv) "Specified local public body" means a legislative body of a county, city, 
or
 town[
,
or metro township
].
(v) "State public body" means a public body that is an administrative, advisory,
executive, or legislative body of the state.
(vi) "State website" means the Utah Public Notice Website created under Section
63A-16-601
.
(b) Pending minutes, approved minutes, and a recording of a public meeting are public
records under Title 63G, Chapter 2, Government Records Access and Management Act.
(c) Pending minutes shall contain a clear indication that the public body has not yet
approved the minutes or that the minutes are subject to change until the public body approves
them.
(d) A public body shall require an individual who, at an open meeting of the public
body, publicly presents or provides electronic information, relating to an item on the public
body's meeting agenda, to provide the public body, at the time of the meeting, an electronic or
hard copy of the electronic information for inclusion in the public record.
(e) A state public body shall:
(i) make pending minutes available to the public within 30 days after holding the open
meeting that is the subject of the pending minutes;
(ii) within three business days after approving written minutes of an open meeting:
(A) post to the state website a copy of the approved minutes and any public materials
distributed at the meeting;
(B) make the approved minutes and public materials available to the public at the
public body's primary office; and
(C) if the public body provides online minutes under Subsection (2)(b), post approved
minutes that comply with Subsection (2)(b) and the public materials on the public body's
website; and
(iii) within three business days after holding an open meeting, post on the state website
an audio recording of the open meeting, or a link to the recording.
(f) A specified local public body shall:
(i) make pending minutes available to the public within 30 days after holding the open
meeting that is the subject of the pending minutes;
(ii) within three business days after approving written minutes of an open meeting, 
post and make available a copy of the approved minutes and any public materials distributed at
the meeting, as provided in Subsection (4)(e)(ii); and
(iii) within three business days after holding an open meeting, make an audio recording
of the open meeting available to the public for listening.
(g) A public body that is not a state public body or a specified local public body shall:
(i) make pending minutes available to the public within a reasonable time after holding
the open meeting that is the subject of the pending minutes;
(ii) within three business days after approving written minutes of an open meeting:
(A) post and make available a copy of the approved minutes and any public materials
distributed at the meeting, as provided in Subsection (4)(e)(ii); or
(B) comply with Subsections (4)(e)(ii)(B) and (C) and post to the state website a link to
a website on which the approved minutes and any public materials distributed at the meeting
are posted; and
(iii) within three business days after holding an open meeting, make an audio recording
of the open meeting available to the public for listening.
(h) A public body shall establish and implement procedures for the public body's
approval of the written minutes of each meeting.
(i) Approved minutes of an open meeting are the official record of the meeting.
(5) All or any part of an open meeting may be independently recorded by any person in
attendance if the recording does not interfere with the conduct of the meeting.
(6) The written minutes or recording of an open meeting that are required to be
retained permanently shall be maintained in or converted to a format that meets long-term
records storage requirements.
(7) Notwithstanding Subsection (1), a recording is not required to be kept of:
(a) an open meeting that is a site visit or a traveling tour, if no vote or action is taken
by the public body; or
(b) an open meeting of a special district under Title 17B, Limited Purpose Local
Government Entities - Special Districts, or special service district under Title 17D, Chapter 1,
Special Service District Act, if the district's annual budgeted expenditures for all funds,
excluding capital expenditures and debt service, are $50,000 or less.
Section 92. Section 
53-2a-208
 is amended to read:
53-2a-208.
Local emergency -- Declarations -- Termination of a local emergency.
(1) (a) Except as provided in Subsection (1)(b), a chief executive officer of a
municipality or county may declare by proclamation a state of emergency if the chief executive
officer finds:
(i) a disaster has occurred or the occurrence or threat of a disaster is imminent in an
area of the municipality or county; and
(ii) the municipality or county requires additional assistance to supplement the
response and recovery efforts of the municipality or county.
(b) A chief executive officer of a municipality may not declare by proclamation a state
of emergency in response to an epidemic or a pandemic.
(2) A declaration of a local emergency:
(a) constitutes an official recognition that a disaster situation exists within the affected
municipality or county;
(b) provides a legal basis for requesting and obtaining mutual aid or disaster assistance
from other political subdivisions or from the state or federal government;
(c) activates the response and recovery aspects of any and all applicable local disaster
emergency plans; and
(d) authorizes the furnishing of aid and assistance in relation to the proclamation.
(3) A local emergency proclamation issued under this section shall state:
(a) the nature of the local emergency;
(b) the area or areas that are affected or threatened; and
(c) the conditions which caused the emergency.
(4) The emergency declaration process within the state shall be as follows:
(a) a city[
,
] 
or
 town, [
or metro township
] shall declare to the county;
(b) a county shall declare to the state;
(c) the state shall declare to the federal government; and
(d) a tribe, as defined in Section 
23A-1-202
, shall declare as determined under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Sec. 5121 et seq.
(5) Nothing in this part affects:
(a) the governor's authority to declare a state of emergency under Section 
53-2a-206
; or
(b) the duties, requests, reimbursements, or other actions taken by a political
subdivision participating in the state-wide mutual aid system pursuant to Title 53, Chapter 2a,
Part 3, Statewide Mutual Aid Act.
(6) (a) Except as provided in Subsection (6)(b), a state of emergency described in
Subsection (1) expires the earlier of:
(i) the day on which the chief executive officer finds that:
(A) the threat or danger has passed;
(B) the disaster reduced to the extent that emergency conditions no longer exist; or
(C) the municipality or county no longer requires state government assistance to
supplement the response and recovery efforts of the municipality or county;
(ii) 30 days after the day on which the chief executive officer declares the state of
emergency; or
(iii) the day on which the legislative body of the municipality or county terminates the
state of emergency by majority vote.
(b) (i) (A) The legislative body of a municipality may at any time terminate by majority
vote a state of emergency declared by the chief executive officer of the municipality.
(B) The legislative body of a county may at any time terminate by majority vote a state
of emergency declared by the chief executive officer of the county.
(ii) The legislative body of a municipality or county may by majority vote extend a
state of emergency for a time period stated in the motion.
(iii) If the legislative body of a municipality or county extends a state of emergency in
accordance with this subsection, the state of emergency expires on the date designated by the
legislative body in the motion.
(iv) An action by a legislative body of a municipality or county to terminate a state of
emergency as described in this Subsection (6)(b) is not subject to veto by the relevant chief
executive officer.
(c) Except as provided in Subsection (7), after a state of emergency expires in
accordance with this Subsection (6), the chief executive officer may not declare a new state of
emergency in response to the same disaster or occurrence as the expired state of emergency.
(7) (a) After a state of emergency expires in accordance with Subsection (6), the chief
executive officer may declare a new state of emergency in response to the same disaster or
occurrence as the expired state of emergency, if the chief executive officer finds that exigent
circumstances exist.
(b) A state of emergency declared in accordance with Subsection (7)(a) expires in
accordance with Subsections (6)(a) and (b).
(c) After a state of emergency declared in accordance with Subsection (7)(a) expires,
the chief executive officer may not declare a new state of emergency in response to the same
disaster or occurrence as the expired state of emergency, regardless of whether exigent
circumstances exist.
Section 93. Section 
53-2a-802
 is amended to read:
53-2a-802.
Definitions.
(1) (a) "Absent" means:
(i) not physically present or not able to be communicated with for 48 hours; or
(ii) for local government officers, as defined by local ordinances.
(b) "Absent" does not include a person who can be communicated with via telephone,
radio, or telecommunications.
(2) "Department" means the Department of Government Operations, the Department of
Agriculture and Food, the Alcoholic Beverage Services Commission, the Department of
Commerce, the Department of Cultural and Community Engagement, the Department of
Corrections, the Department of Environmental Quality, the Department of Financial
Institutions, the Department of Health, the Department of Workforce Services, the Labor
Commission, the National Guard, the Department of Insurance, the Department of Natural
Resources, the Department of Public Safety, the Public Service Commission, the Department
of Human Services, the State Tax Commission, the Department of Transportation, any other
major administrative subdivisions of state government, the State Board of Education, the Utah
Board of Higher Education, the Utah Housing Corporation, the State Retirement Board, and
each institution of higher education within the system of higher education.
(3) "Division" means the Division of Emergency Management established in Title 53,
Chapter 2a, Part 1, Emergency Management Act.
(4) "Emergency interim successor" means a person designated by this part to exercise
the powers and discharge the duties of an office when the person legally exercising the powers
and duties of the office is unavailable.
(5) "Executive director" means the person with ultimate responsibility for managing
and overseeing the operations of each department, however denominated.
(6) (a) "Office" includes all state and local offices, the powers and duties of which are
defined by constitution, statutes, charters, optional plans, ordinances, articles, or by-laws.
(b) "Office" does not include the office of governor or the legislative or judicial offices.
(7) "Place of governance" means the physical location where the powers of an office
are being exercised.
(8) "Political subdivision" includes counties, cities, towns[
, metro townships
], districts,
authorities, and other public corporations and entities whether organized and existing under
charter or general law.
(9) "Political subdivision officer" means a person holding an office in a political
subdivision.
(10) "State officer" means the attorney general, the state treasurer, the state auditor, and
the executive director of each department.
(11) "Unavailable" means:
(a) absent from the place of governance during a disaster that seriously disrupts normal
governmental operations, whether or not that absence or inability would give rise to a vacancy
under existing constitutional or statutory provisions; or
(b) as otherwise defined by local ordinance.
Section 94. Section 
53-2a-1403
 is amended to read:
53-2a-1403.
Emergency operations plan.
(1) Each county shall create and maintain an emergency operations plan.
(2) Each city[
,
] 
and
 town[
, and metro township
] shall:
(a) create and maintain an emergency operations plan; or
(b) adopt the emergency operations plan created by the county in which the city[
,
] 
or
town[
, or metro township
] is located.
Section 95. Section 
53-2d-101 (Effective 07/01/24)
 is amended to read:
53-2d-101 (Effective 07/01/24).
Definitions.
As used in this chapter:
(1) (a) "911 ambulance or paramedic services" means:
(i) either:
(A) 911 ambulance service;
(B) 911 paramedic service; or
(C) both 911 ambulance and paramedic service; and
(ii) a response to a 911 call received by a designated dispatch center that receives 911
or E911 calls.
(b) "911 ambulance or paramedic services" does not mean a seven or 10 digit
telephone call received directly by an ambulance provider licensed under this chapter.
(2) "Account" means the Automatic External Defibrillator Restricted Account, created
in Section 
53-2d-809
.
(3) "Ambulance" means a ground, air, or water vehicle that:
(a) transports patients and is used to provide emergency medical services; and
(b) is required to obtain a permit under Section 
53-2d-404
 to operate in the state.
(4) "Ambulance provider" means an emergency medical service provider that:
(a) transports and provides emergency medical care to patients; and
(b) is required to obtain a license under Part 5, Ambulance and Paramedic Providers.
(5) "Automatic external defibrillator" or "AED" means an automated or automatic
computerized medical device that:
(a) has received pre-market notification approval from the United States Food and
Drug Administration, pursuant to 21 U.S.C. Sec. 360(k);
(b) is capable of recognizing the presence or absence of ventricular fibrillation or rapid
ventricular tachycardia;
(c) is capable of determining, without intervention by an operator, whether
defibrillation should be performed; and
(d) upon determining that defibrillation should be performed, automatically charges,
enabling delivery of, or automatically delivers, an electrical impulse through the chest wall and
to an individual's heart.
(6) (a) "Behavioral emergency services" means delivering a behavioral health
intervention to a patient in an emergency context within a scope and in accordance with
guidelines established by the department.
(b) "Behavioral emergency services" does not include engaging in the:
(i) practice of mental health therapy as defined in Section 
58-60-102
;
(ii) practice of psychology as defined in Section 
58-61-102
;
(iii) practice of clinical social work as defined in Section 
58-60-202
;
(iv) practice of certified social work as defined in Section 
58-60-202
;
(v) practice of marriage and family therapy as defined in Section 
58-60-302
;
(vi) practice of clinical mental health counseling as defined in Section 
58-60-402
; or
(vii) practice as a substance use disorder counselor as defined in Section 
58-60-502
.
(7) "Bureau" means the Bureau of Emergency Medical Services created in Section
53-2d-102
.
(8) "Cardiopulmonary resuscitation" or "CPR" means artificial ventilation or external
chest compression applied to a person who is unresponsive and not breathing.
(9) "Committee" means the State Emergency Medical Services Committee created by
Section 
53-2d-104
.
(10) "Community paramedicine" means medical care:
(a) provided by emergency medical service personnel; and
(b) provided to a patient who is not:
(i) in need of ambulance transportation; or
(ii) located in a health care facility as defined in Section 
26B-2-201
.
(11) "Division" means the Division of Emergency Management created in Section
53-2a-103
.
(12) "Direct medical observation" means in-person observation of a patient by a
physician, registered nurse, physician's assistant, or individual licensed under Section
26B-4-116
.
(13) "Emergency medical condition" means:
(a) a medical condition that manifests itself by symptoms of sufficient severity,
including severe pain, that a prudent layperson, who possesses an average knowledge of health
and medicine, could reasonably expect the absence of immediate medical attention to result in:
(i) placing the individual's health in serious jeopardy;
(ii) serious impairment to bodily functions; or
(iii) serious dysfunction of any bodily organ or part; or
(b) a medical condition that in the opinion of a physician or the physician's designee
requires direct medical observation during transport or may require the intervention of an
individual licensed under Section 
53-2d-402
 during transport.
(14) "Emergency medical dispatch center" means a public safety answering point, as
defined in Section 
63H-7a-103
, that is designated as an emergency medical dispatch center by
the bureau.
(15) (a) "Emergency medical service personnel" means an individual who provides
emergency medical services or behavioral emergency services to a patient and is required to be
licensed or certified under Section 
53-2d-402
.
(b) "Emergency medical service personnel" includes a paramedic, medical director of a
licensed emergency medical service provider, emergency medical service instructor, behavioral
emergency services technician, other categories established by the committee, and a certified
emergency medical dispatcher.
(16) "Emergency medical service providers" means:
(a) licensed ambulance providers and paramedic providers;
(b) a facility or provider that is required to be designated under Subsection
53-2d-403
(1)(a); and
(c) emergency medical service personnel.
(17) "Emergency medical services" means:
(a) medical services;
(b) transportation services;
(c) behavioral emergency services; or
(d) any combination of the services described in Subsections (17)(a) through (c).
(18) "Emergency medical service vehicle" means a land, air, or water vehicle that is:
(a) maintained and used for the transportation of emergency medical personnel,
equipment, and supplies to the scene of a medical emergency; and
(b) required to be permitted under Section 
53-2d-404
.
(19) "Governing body":
(a) means the same as that term is defined in Section 
11-42-102
; and
(b) for purposes of a "special service district" under Section 
11-42-102
, means a
special service district that has been delegated the authority to select a provider under this
chapter by the special service district's legislative body or administrative control board.
(20) "Interested party" means:
(a) a licensed or designated emergency medical services provider that provides
emergency medical services within or in an area that abuts an exclusive geographic service area
that is the subject of an application submitted pursuant to Part 5, Ambulance and Paramedic
Providers;
(b) any municipality, county, or fire district that lies within or abuts a geographic
service area that is the subject of an application submitted pursuant to Part 5, Ambulance and
Paramedic Providers; or
(c) the department when acting in the interest of the public.
(21) "Level of service" means the level at which an ambulance provider type of service
is licensed as:
(a) emergency medical technician;
(b) advanced emergency medical technician; or
(c) paramedic.
(22) "Medical control" means a person who provides medical supervision to an
emergency medical service provider.
(23) "Non-911 service" means transport of a patient that is not 911 transport under
Subsection (1).
(24) "Nonemergency secured behavioral health transport" means an entity that:
(a) provides nonemergency secure transportation services for an individual who:
(i) is not required to be transported by an ambulance under Section 
53-2d-405
; and
(ii) requires behavioral health observation during transport between any of the
following facilities:
(A) a licensed acute care hospital;
(B) an emergency patient receiving facility;
(C) a licensed mental health facility; and
(D) the office of a licensed health care provider; and
(b) is required to be designated under Section 
53-2d-403
.
(25) "Paramedic provider" means an entity that:
(a) employs emergency medical service personnel; and
(b) is required to obtain a license under Part 5, Ambulance and Paramedic Providers.
(26) "Patient" means an individual who, as the result of illness, injury, or a behavioral
emergency condition, meets any of the criteria in Section 
26B-4-119
.
(27) "Political subdivision" means:
(a) a city[
,
] 
or
 town[
, or metro township
];
(b) a county;
(c) a special service district created under Title 17D, Chapter 1, Special Service
District Act, for the purpose of providing fire protection services under Subsection
17D-1-201
(9);
(d) a special district created under Title 17B, Limited Purpose Local Government
Entities - Special Districts, for the purpose of providing fire protection, paramedic, and
emergency services;
(e) areas coming together as described in Subsection 
53-2d-505.2
(2)(b)(ii); or
(f) an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act.
(28) "Sudden cardiac arrest" means a life-threatening condition that results when a
person's heart stops or fails to produce a pulse.
(29) "Trauma" means an injury requiring immediate medical or surgical intervention.
(30) "Trauma system" means a single, statewide system that:
(a) organizes and coordinates the delivery of trauma care within defined geographic
areas from the time of injury through transport and rehabilitative care; and
(b) is inclusive of all prehospital providers, hospitals, and rehabilitative facilities in
delivering care for trauma patients, regardless of severity.
(31) "Triage" means the sorting of patients in terms of disposition, destination, or
priority. For prehospital trauma victims, triage requires a determination of injury severity to
assess the appropriate level of care according to established patient care protocols.
(32) "Triage, treatment, transportation, and transfer guidelines" means written
procedures that:
(a) direct the care of patients; and
(b) are adopted by the medical staff of an emergency patient receiving facility, trauma
center, or an emergency medical service provider.
(33) "Type of service" means the category at which an ambulance provider is licensed
as:
(a) ground ambulance transport;
(b) ground ambulance interfacility transport; or
(c) both ground ambulance transport and ground ambulance interfacility transport.
Section 96. Section 
53-5a-202
 is amended to read:
53-5a-202.
Definitions.
As used in this part:
(1) (a) "Federal regulation" means a federal executive order, rule, or regulation that
infringes upon, prohibits, restricts, or requires individual licensure for, or registration of, the
purchase, ownership, possession, transfer, or use of a firearm, ammunition, or firearm
accessory.
(b) "Federal regulation" does not include:
(i) a federal firearm statute; or
(ii) a federal executive order, rule, or regulation that is incorporated into the Utah Code
by reference.
(2) "Firearm" means the same as that term is defined in Section 
76-10-501
.
(3) "Law enforcement officer" means the same as that term is defined in Section
53-13-103
.
(4) "Political subdivision" means a city, town, [
metro township
], county, special
district, or water conservancy district.
Section 97. Section 
53-7-225
 is amended to read:
53-7-225.
Times for sale and discharge of fireworks -- Criminal penalty --
Permissible closure of certain areas -- Maps and signage.
(1) Except as provided in Section 
53-7-221
, this section supersedes any other code
provision regarding the sale or discharge of fireworks.
(2) A person may sell class C common state approved explosives in the state as
follows:
(a) beginning on June 24 and ending on July 25;
(b) beginning on December 29 and ending on December 31; and
(c) two days before and on the Chinese New Year's eve.
(3) A person may not discharge class C common state approved explosives in the state
except as follows:
(a) between the hours of 11 a.m. and 11 p.m., except that on July 4 and July 24, the
hours are 11 a.m. to midnight:
(i) beginning on July 2 and ending on July 5; and
(ii) beginning on July 22 and ending on July 25;
(b) (i) beginning at 11 a.m. on December 31 and ending at 1 a.m. on the following day;
or
(ii) if New Year's eve is on a Sunday and the county[
,
] 
or
 municipality[
, or metro
township
] determines to celebrate New Year's eve on the prior Saturday, then a person may
discharge class C common state approved explosives on that prior Saturday within the
county[
,
] 
or
 municipality[
, or metro township
];
(c) between the hours of 11 a.m. and 11 p.m. on January 1; and
(d) beginning at 11 a.m. on the Chinese New Year's eve and ending at 1 a.m. on the
following day.
(4) A person is guilty of an infraction, punishable by a fine of up to $1,000, if the
person discharges a class C common state approved explosive:
(a) outside the legal discharge dates and times described in Subsection (3); or
(b) in an area in which fireworks are prohibited under Subsection 
15A-5-202.5
(1)(b).
(5) (a) Except as provided in Subsection (5)(b) or (c), a county, a municipality[
, a
metro township
], or the state forester may not prohibit a person from discharging class C
common state approved explosives during the permitted periods described in Subsection (3).
(b) (i) As used in this Subsection (5)(b), "negligent discharge":
(A) means the improper use and discharge of a class C common state approved
explosive; and
(B) does not include the date or location of discharge or the type of explosive used.
(ii) A municipality [
or metro township
] may prohibit:
(A) the discharge of class C common state approved explosives in certain areas with
hazardous environmental conditions, in accordance with Subsection 
15A-5-202.5
(1)(b); or
(B) the negligent discharge of class C common state approved explosives.
(iii) A county may prohibit the negligent discharge of class C common state approved
explosives.
(c) The state forester may prohibit the discharge of class C common state approved
explosives as provided in Subsection 
15A-5-202.5
(1)(b) or Section 
65A-8-212
.
(6) If a municipal legislative body[
,
] 
or
 the state forester[
, or a metro township
legislative body
] provides a map to a county identifying an area in which the discharge of
fireworks is prohibited due to a historical hazardous environmental condition under Subsection
15A-5-202.5
(1)(b), the county shall, before June 1 of that same year:
(a) create a county-wide map, based on each map the county has received, indicating
each area within the county in which fireworks are prohibited under Subsection
15A-5-202.5
(1)(b);
(b) provide the map described in Subsection (6)(a) to:
(i) each retailer that sells fireworks within the county; and
(ii) the state fire marshal; and
(c) publish the map on the county's website.
(7) A retailer that sells fireworks shall display:
(a) a sign that:
(i) is clearly visible to the general public in a prominent location near the point of sale;
(ii) indicates the legal discharge dates and times described in Subsection (3); and
(iii) indicates the criminal charge and fine associated with discharge:
(A) outside the legal dates and times described in Subsection (3); and
(B) within an area in which fireworks are prohibited under Subsection
15A-5-202.5
(1)(b); and
(b) the map that the county provides, in accordance with Subsection (6)(b).
Section 98. Section 
53B-21-107
 is amended to read:
53B-21-107.
Investment in bonds by private and public entities -- Approval as
collateral security.
(1) Any bank, savings and loan association, trust, or insurance company organized
under the laws of this state or federal law may invest its capital and surplus in bonds issued
under this chapter.
(2) The officers having charge of a sinking fund or any county, city[
, metro township
],
town,[
,
] or school district may invest the sinking fund in bonds issued under this chapter.
(3) The bonds shall also be approved as collateral security for the deposit of any public
funds and for the investment of trust funds.
Section 99. Section 
56-1-39 (Effective 03/31/24)
 is amended to read:
56-1-39 (Effective 03/31/24).
Assessment for right of way infrastructure
improvements.
(1) As used in this section:
(a) "Benefit" includes enhanced property value, enhanced safety or efficiency, reduced
costs, and liability avoidance.
(b) "Government entity" means the state or a county, city, town, [
metro township,
local
] 
special
 district, or special service district.
(c) (i) "Railroad" means a rail carrier that is a Class I railroad, as classified by the
federal Surface Transportation Board.
(ii) "Railroad" does not include a rail carrier that is:
(A) exempt from assessment under 49 U.S.C. Sec. 24301; or
(B) owned by a government entity.
(d) (i) "Right of way infrastructure improvement" means construction, reconstruction,
repair, or maintenance of public infrastructure that:
(A) is paid for by a government entity; and
(B) is partially or wholly within a railroad's right of way or crosses over a railroad's
right of way.
(ii) "Right of way infrastructure improvement" includes any component of
construction, reconstruction, repair, or maintenance of public infrastructure, including:
(A) any environmental impact study, environmental mitigation, or environmental
project management; and
(B) any required or requested review by a non-governmental entity.
(e) "Public infrastructure" means any of the following improvements:
(i) a system or line for water, sewer, drainage, electrical, or telecommunications;
(ii) a street, road, curb, gutter, sidewalk, walkway, or bridge;
(iii) signage or signaling related to an improvement described in Subsection (1)(e)(i) or
(ii);
(iv) an environmental improvement; or
(v) any other improvement similar to the improvements described in Subsections
(1)(e)(i) through (iv).
(2) A government entity may, to the extent allowed under federal law, assess a railroad
for any portion of the cost of a right of way infrastructure improvement, including any cost
attributable to delay, if:
(a) the government entity determines that the right of way infrastructure improvement
provides a benefit to the railroad;
(b) the amount of the assessment is proportionate to the benefit the railroad receives, as
determined by the government entity; and
(c) the government entity uses the assessment to pay for or as reimbursement for the
cost of the right of way infrastructure improvement and not for the general support of the
government entity.
(3) (a) If two or more government entities have authority under this section to assess a
railroad for the same right of way infrastructure improvement, the Office of Rail Safety created
in Section 
72-17-101
 shall:
(i) determine the amount of each government entity's assessment in accordance with
Subsection (2);
(ii) assess the railroad for the total of all amounts described in Subsection (3)(a)(i); and
(iii) distribute the collected assessments to each government entity.
(b) The total amount of an assessment under this Subsection (3) may not exceed the
amount described in Subsection (2)(b).
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
Department of Transportation may make rules to establish a process for implementing the
provisions of this Subsection (3).
Section 100. Section 
59-1-403
 is amended to read:
59-1-403.
Confidentiality -- Exceptions -- Penalty -- Application to property tax.
(1) As used in this section:
(a) "Distributed tax, fee, or charge" means a tax, fee, or charge:
(i) the commission administers under:
(A) this title, other than a tax under Chapter 12, Part 2, Local Sales and Use Tax Act;
(B) Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act;
(C) Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act;
(D) Section 
19-6-805
;
(E) Section 
63H-1-205
; or
(F) Title 69, Chapter 2, Part 4, Prepaid Wireless Telecommunications Service Charges;
and
(ii) with respect to which the commission distributes the revenue collected from the
tax, fee, or charge to a qualifying jurisdiction.
(b) "Qualifying jurisdiction" means:
(i) a county, city, 
or
 town[
, or metro township
];
(ii) the military installation development authority created in Section 
63H-1-201
; or
(iii) the Utah Inland Port Authority created in Section 
11-58-201
.
(2) (a) Any of the following may not divulge or make known in any manner any
information gained by that person from any return filed with the commission:
(i) a tax commissioner;
(ii) an agent, clerk, or other officer or employee of the commission; or
(iii) a representative, agent, clerk, or other officer or employee of any county, city, or
town.
(b) An official charged with the custody of a return filed with the commission is not
required to produce the return or evidence of anything contained in the return in any action or
proceeding in any court, except:
(i) in accordance with judicial order;
(ii) on behalf of the commission in any action or proceeding under:
(A) this title; or
(B) other law under which persons are required to file returns with the commission;
(iii) on behalf of the commission in any action or proceeding to which the commission
is a party; or
(iv) on behalf of any party to any action or proceeding under this title if the report or
facts shown by the return are directly involved in the action or proceeding.
(c) Notwithstanding Subsection (2)(b), a court may require the production of, and may
admit in evidence, any portion of a return or of the facts shown by the return, as are specifically
pertinent to the action or proceeding.
(3) This section does not prohibit:
(a) a person or that person's duly authorized representative from receiving a copy of
any return or report filed in connection with that person's own tax;
(b) the publication of statistics as long as the statistics are classified to prevent the
identification of particular reports or returns; and
(c) the inspection by the attorney general or other legal representative of the state of the
report or return of any taxpayer:
(i) who brings action to set aside or review a tax based on the report or return;
(ii) against whom an action or proceeding is contemplated or has been instituted under
this title; or
(iii) against whom the state has an unsatisfied money judgment.
(4) (a) Notwithstanding Subsection (2) and for purposes of administration, the
commission may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, provide for a reciprocal exchange of information with:
(i) the United States Internal Revenue Service; or
(ii) the revenue service of any other state.
(b) Notwithstanding Subsection (2) and for all taxes except individual income tax and
corporate franchise tax, the commission may by rule, made in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, share information gathered from returns and
other written statements with the federal government, any other state, any of the political
subdivisions of another state, or any political subdivision of this state, except as limited by
Sections 
59-12-209
 and 
59-12-210
, if the political subdivision, other state, or the federal
government grant substantially similar privileges to this state.
(c) Notwithstanding Subsection (2) and for all taxes except individual income tax and
corporate franchise tax, the commission may by rule, in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, provide for the issuance of information concerning the
identity and other information of taxpayers who have failed to file tax returns or to pay any tax
due.
(d) Notwithstanding Subsection (2), the commission shall provide to the director of the
Division of Environmental Response and Remediation, as defined in Section 
19-6-402
, as
requested by the director of the Division of Environmental Response and Remediation, any
records, returns, or other information filed with the commission under Chapter 13, Motor and
Special Fuel Tax Act, or Section 
19-6-410.5
 regarding the environmental assurance program
participation fee.
(e) Notwithstanding Subsection (2), at the request of any person the commission shall
provide that person sales and purchase volume data reported to the commission on a report,
return, or other information filed with the commission under:
(i) Chapter 13, Part 2, Motor Fuel; or
(ii) Chapter 13, Part 4, Aviation Fuel.
(f) Notwithstanding Subsection (2), upon request from a tobacco product manufacturer,
as defined in Section 
59-22-202
, the commission shall report to the manufacturer:
(i) the quantity of cigarettes, as defined in Section 
59-22-202
, produced by the
manufacturer and reported to the commission for the previous calendar year under Section
59-14-407
; and
(ii) the quantity of cigarettes, as defined in Section 
59-22-202
, produced by the
manufacturer for which a tax refund was granted during the previous calendar year under
Section 
59-14-401
 and reported to the commission under Subsection 
59-14-401
(1)(a)(v).
(g) Notwithstanding Subsection (2), the commission shall notify manufacturers,
distributors, wholesalers, and retail dealers of a tobacco product manufacturer that is prohibited
from selling cigarettes to consumers within the state under Subsection 
59-14-210
(2).
(h) Notwithstanding Subsection (2), the commission may:
(i) provide to the Division of Consumer Protection within the Department of
Commerce and the attorney general data:
(A) reported to the commission under Section 
59-14-212
; or
(B) related to a violation under Section 
59-14-211
; and
(ii) upon request, provide to any person data reported to the commission under
Subsections 
59-14-212
(1)(a) through (c) and Subsection 
59-14-212
(1)(g).
(i) Notwithstanding Subsection (2), the commission shall, at the request of a committee
of the Legislature, the Office of the Legislative Fiscal Analyst, or the Governor's Office of
Planning and Budget, provide to the committee or office the total amount of revenues collected
by the commission under Chapter 24, Radioactive Waste Facility Tax Act, for the time period
specified by the committee or office.
(j) Notwithstanding Subsection (2), the commission shall make the directory required
by Section 
59-14-603
 available for public inspection.
(k) Notwithstanding Subsection (2), the commission may share information with
federal, state, or local agencies as provided in Subsection 
59-14-606
(3).
(l) (i) Notwithstanding Subsection (2), the commission shall provide the Office of
Recovery Services within the Department of Health and Human Services any relevant
information obtained from a return filed under Chapter 10, Individual Income Tax Act,
regarding a taxpayer who has become obligated to the Office of Recovery Services.
(ii) The information described in Subsection (4)(l)(i) may be provided by the Office of
Recovery Services to any other state's child support collection agency involved in enforcing
that support obligation.
(m) (i) Notwithstanding Subsection (2), upon request from the state court
administrator, the commission shall provide to the state court administrator, the name, address,
telephone number, county of residence, and social security number on resident returns filed
under Chapter 10, Individual Income Tax Act.
(ii) The state court administrator may use the information described in Subsection
(4)(m)(i) only as a source list for the master jury list described in Section 
78B-1-106
.
(n) (i) As used in this Subsection (4)(n):
(A) "GO Utah office" means the Governor's Office of Economic Opportunity created in
Section 
63N-1a-301
.
(B) "Income tax information" means information gained by the commission that is
required to be attached to or included in a return filed with the commission under Chapter 7,
Corporate Franchise and Income Taxes, or Chapter 10, Individual Income Tax Act.
(C) "Other tax information" means information gained by the commission that is
required to be attached to or included in a return filed with the commission except for a return
filed under Chapter 7, Corporate Franchise and Income Taxes, or Chapter 10, Individual
Income Tax Act.
(D) "Tax information" means income tax information or other tax information.
(ii) (A) Notwithstanding Subsection (2) and except as provided in Subsection
(4)(n)(ii)(B) or (C), the commission shall at the request of the GO Utah office provide to the
GO Utah office all income tax information.
(B) For purposes of a request for income tax information made under Subsection
(4)(n)(ii)(A), the GO Utah office may not request and the commission may not provide to the
GO Utah office a person's address, name, social security number, or taxpayer identification
number.
(C) In providing income tax information to the GO Utah office, the commission shall
in all instances protect the privacy of a person as required by Subsection (4)(n)(ii)(B).
(iii) (A) Notwithstanding Subsection (2) and except as provided in Subsection
(4)(n)(iii)(B), the commission shall at the request of the GO Utah office provide to the GO
Utah office other tax information.
(B) Before providing other tax information to the GO Utah office, the commission
shall redact or remove any name, address, social security number, or taxpayer identification
number.
(iv) The GO Utah office may provide tax information received from the commission in
accordance with this Subsection (4)(n) only:
(A) as a fiscal estimate, fiscal note information, or statistical information; and
(B) if the tax information is classified to prevent the identification of a particular
return.
(v) (A) A person may not request tax information from the GO Utah office under Title
63G, Chapter 2, Government Records Access and Management Act, or this section, if the GO
Utah office received the tax information from the commission in accordance with this
Subsection (4)(n).
(B) The GO Utah office may not provide to a person that requests tax information in
accordance with Subsection (4)(n)(v)(A) any tax information other than the tax information the
GO Utah office provides in accordance with Subsection (4)(n)(iv).
(o) Notwithstanding Subsection (2), the commission may provide to the governing
board of the agreement or a taxing official of another state, the District of Columbia, the United
States, or a territory of the United States:
(i) the following relating to an agreement sales and use tax:
(A) information contained in a return filed with the commission;
(B) information contained in a report filed with the commission;
(C) a schedule related to Subsection (4)(o)(i)(A) or (B); or
(D) a document filed with the commission; or
(ii) a report of an audit or investigation made with respect to an agreement sales and
use tax.
(p) Notwithstanding Subsection (2), the commission may provide information
concerning a taxpayer's state income tax return or state income tax withholding information to
the Driver License Division if the Driver License Division:
(i) requests the information; and
(ii) provides the commission with a signed release form from the taxpayer allowing the
Driver License Division access to the information.
(q) Notwithstanding Subsection (2), the commission shall provide to the Utah
Communications Authority, or a division of the Utah Communications Authority, the
information requested by the authority under Sections 
63H-7a-302
, 
63H-7a-402
, and
63H-7a-502
.
(r) Notwithstanding Subsection (2), the commission shall provide to the Utah
Educational Savings Plan information related to a resident or nonresident individual's
contribution to a Utah Educational Savings Plan account as designated on the resident or
nonresident's individual income tax return as provided under Section 
59-10-1313
.
(s) Notwithstanding Subsection (2), for the purpose of verifying eligibility under
Sections 
26B-3-106
 and 
26B-3-903
, the commission shall provide an eligibility worker with
the Department of Health and Human Services or its designee with the adjusted gross income
of an individual if:
(i) an eligibility worker with the Department of Health and Human Services or its
designee requests the information from the commission; and
(ii) the eligibility worker has complied with the identity verification and consent
provisions of Sections 
26B-3-106
 and 
26B-3-903
.
(t) Notwithstanding Subsection (2), the commission may provide to a county, as
determined by the commission, information declared on an individual income tax return in
accordance with Section 
59-10-103.1
 that relates to eligibility to claim a residential exemption
authorized under Section 
59-2-103
.
(u) Notwithstanding Subsection (2), the commission shall provide a report regarding
any access line provider that is over 90 days delinquent in payment to the commission of
amounts the access line provider owes under Title 69, Chapter 2, Part 4, Prepaid Wireless
Telecommunications Service Charges, to the board of the Utah Communications Authority
created in Section 
63H-7a-201
.
(v) Notwithstanding Subsection (2), the commission shall provide the Department of
Environmental Quality a report on the amount of tax paid by a radioactive waste facility for the
previous calendar year under Section 
59-24-103.5
.
(w) Notwithstanding Subsection (2), the commission may, upon request, provide to the
Department of Workforce Services any information received under Chapter 10, Part 4,
Withholding of Tax, that is relevant to the duties of the Department of Workforce Services.
(x) Notwithstanding Subsection (2), the commission may provide the Public Service
Commission or the Division of Public Utilities information related to a seller that collects and
remits to the commission a charge described in Subsection 
69-2-405
(2), including the seller's
identity and the number of charges described in Subsection 
69-2-405
(2) that the seller collects.
(y) (i) Notwithstanding Subsection (2), the commission shall provide to each qualifying
jurisdiction the collection data necessary to verify the revenue collected by the commission for
a distributed tax, fee, or charge collected within the qualifying jurisdiction.
(ii) In addition to the information provided under Subsection (4)(y)(i), the commission
shall provide a qualifying jurisdiction with copies of returns and other information relating to a
distributed tax, fee, or charge collected within the qualifying jurisdiction.
(iii) (A) To obtain the information described in Subsection (4)(y)(ii), the chief
executive officer or the chief executive officer's designee of the qualifying jurisdiction shall
submit a written request to the commission that states the specific information sought and how
the qualifying jurisdiction intends to use the information.
(B) The information described in Subsection (4)(y)(ii) is available only in official
matters of the qualifying jurisdiction.
(iv) Information that a qualifying jurisdiction receives in response to a request under
this subsection is:
(A) classified as a private record under Title 63G, Chapter 2, Government Records
Access and Management Act; and
(B) subject to the confidentiality requirements of this section.
(z) Notwithstanding Subsection (2), the commission shall provide the Alcoholic
Beverage Services Commission, upon request, with taxpayer status information related to state
tax obligations necessary to comply with the requirements described in Section 
32B-1-203
.
(aa) Notwithstanding Subsection (2), the commission shall inform the Department of
Workforce Services, as soon as practicable, whether an individual claimed and is entitled to
claim a federal earned income tax credit for the year requested by the Department of Workforce
Services if:
(i) the Department of Workforce Services requests this information; and
(ii) the commission has received the information release described in Section
35A-9-604
.
(bb) (i) As used in this Subsection (4)(bb), "unclaimed property administrator" means
the administrator or the administrator's agent, as those terms are defined in Section 
67-4a-102
.
(ii) (A) Notwithstanding Subsection (2), upon request from the unclaimed property
administrator and to the extent allowed under federal law, the commission shall provide the
unclaimed property administrator the name, address, telephone number, county of residence,
and social security number or federal employer identification number on any return filed under
Chapter 7, Corporate Franchise and Income Taxes, or Chapter 10, Individual Income Tax Act.
(B) The unclaimed property administrator may use the information described in
Subsection (4)(aa)(ii)(A) only for the purpose of returning unclaimed property to the property's
owner in accordance with Title 67, Chapter 4a, Revised Uniform Unclaimed Property Act.
(iii) The unclaimed property administrator is subject to the confidentiality provisions of
this section with respect to any information the unclaimed property administrator receives
under this Subsection (4)(aa).
(5) (a) Each report and return shall be preserved for at least three years.
(b) After the three-year period provided in Subsection (5)(a) the commission may
destroy a report or return.
(6) (a) Any individual who violates this section is guilty of a class A misdemeanor.
(b) If the individual described in Subsection (6)(a) is an officer or employee of the
state, the individual shall be dismissed from office and be disqualified from holding public
office in this state for a period of five years thereafter.
(c) Notwithstanding Subsection (6)(a) or (b), the GO Utah office, when requesting
information in accordance with Subsection (4)(n)(iii), or an individual who requests
information in accordance with Subsection (4)(n)(v):
(i) is not guilty of a class A misdemeanor; and
(ii) is not subject to:
(A) dismissal from office in accordance with Subsection (6)(b); or
(B) disqualification from holding public office in accordance with Subsection (6)(b).
(d) Notwithstanding Subsection (6)(a) or (b), for a disclosure of information to the
Office of the Legislative Auditor General in accordance with Title 36, Chapter 12, Legislative
Organization, an individual described in Subsection (2):
(i) is not guilty of a class A misdemeanor; and
(ii) is not subject to:
(A) dismissal from office in accordance with Subsection (6)(b); or
(B) disqualification from holding public office in accordance with Subsection (6)(b).
(7) Except as provided in Section 
59-1-404
, this part does not apply to the property tax.
Section 101. Section 
59-12-203
 is amended to read:
59-12-203.
County, city, or town may levy tax -- Contracts pursuant to Interlocal
Cooperation Act.
(1) 
As used in this section, "converted municipality" means the same as that term is
defined in Section 
10-1-201.5
.
(2)
 A county, city, 
or
 town[
, or metro township
] may impose a sales and use tax under
this part.
[
(2) The State Tax Commission shall treat a metro township that imposes a tax under
this part as a city under this part.
]
[
(3) The State Tax Commission shall calculate the amount of a distribution to a metro
township under this part in the same manner as the State Tax Commission calculates a
distribution to a city under Section 
59-12-205
.
]
[
(4)
] 
(3)
 (a) Except as provided in Subsection [
(4)(b)
] 
(3)(b)
, if a [
metro township
]
converted municipality
 imposes a tax under this part, the State Tax Commission shall distribute
the amount that the State Tax Commission calculates under Section 
59-12-205
 to the [
metro
township
] 
converted municipality
.
(b) The State Tax Commission shall transfer the amount that would otherwise be
distributed to a [
metro township
] 
converted municipality
 under this part to a municipal services
district created under Title 17B, Chapter 2a, Part 11, Municipal Services District Act, if the
[
metro township
] 
converted municipality
:
(i) provides written notice to the State Tax Commission requesting the transfer; and
(ii) designates the municipal services district to which the [
metro township
] 
converted
municipality
 requests the State Tax Commission to transfer the revenues.
[
(5)
] 
(4)
 A county, city, 
or
 town[
, or metro township
] that imposes a sales and use tax
under this part may:
(a) enter into agreements authorized by Title 11, Chapter 13, Interlocal Cooperation
Act; and
(b) use any or all of the revenue collected from the tax for the mutual benefit of local
governments that elect to contract with one another pursuant to Title 11, Chapter 13, Interlocal
Cooperation Act.
Section 102. Section 
59-12-2220
 is amended to read:
59-12-2220.
County option sales and use tax to fund highways or a system for
public transit -- Base -- Rate. 
(1) Subject to the other provisions of this part and subject to the requirements of this
section, the following counties may impose a sales and use tax under this section:
(a) a county legislative body may impose the sales and use tax on the transactions
described in Subsection 
59-12-103
(1) located within the county, including the cities and towns
within the county if:
(i) the entire boundary of a county is annexed into a large public transit district; and
(ii) the maximum amount of sales and use tax authorizations allowed pursuant to
Section 
59-12-2203
 and authorized under the following sections has been imposed:
(A) Section 
59-12-2213
;
(B) Section 
59-12-2214
;
(C) Section 
59-12-2215
;
(D) Section 
59-12-2216
;
(E) Section 
59-12-2217
;
(F) Section 
59-12-2218
; and
(G) Section 
59-12-2219
;
(b) if the county is not annexed into a large public transit district, the county legislative
body may impose the sales and use tax on the transactions described in Subsection
59-12-103
(1) located within the county, including the cities and towns within the county if:
(i) the county is an eligible political subdivision; or
(ii) a city or town within the boundary of the county is an eligible political subdivision;
or
(c) a county legislative body of a county not described in Subsection (1)(a) may impose
the sales and use tax on the transactions described in Subsection 
59-12-103
(1) located within
the county, including the cities and towns within the county.
(2) For purposes of Subsection (1) and subject to the other provisions of this section, a
county legislative body that imposes a sales and use tax under this section may impose the tax
at a rate of .2%.
(3) (a) The commission shall distribute sales and use tax revenue collected under this
section as determined by a county legislative body as described in Subsection (3)(b).
(b) If a county legislative body imposes a sales and use tax as described in this section,
the county legislative body may elect to impose a sales and use tax revenue distribution as
described in Subsection (4), (5), (6), or (7), depending on the class of county, and presence and
type of a public transit provider in the county.
(4) If a county legislative body imposes a sales and use tax as described in this section,
and the entire boundary of the county is annexed into a large public transit district, and the
county is a county of the first class, the commission shall distribute the sales and use tax
revenue as follows:
(a) .10% to a public transit district as described in Subsection (11);
(b) .05% to the cities and towns as provided in Subsection (8); and
(c) .05% to the county legislative body.
(5) If a county legislative body imposes a sales and use tax as described in this section
and the entire boundary of the county is annexed into a large public transit district, and the
county is a county not described in Subsection (4), the commission shall distribute the sales
and use tax revenue as follows:
(a) .10% to a public transit district as described in Subsection (11);
(b) .05% to the cities and towns as provided in Subsection (8); and
(c) .05% to the county legislative body.
(6) (a) Except as provided in Subsection (12)(c), if the entire boundary of a county that
imposes a sales and use tax as described in this section is not annexed into a single public
transit district, but a city or town within the county is annexed into a single public transit
district, or if the city or town is an eligible political subdivision, the commission shall distribute
the sales and use tax revenue collected within the county as provided in Subsection (6)(b) or
(c).
(b) For a city, town, or portion of the county described in Subsection (6)(a) that is
annexed into the single public transit district, or an eligible political subdivision, the
commission shall distribute the sales and use tax revenue collected within the portion of the
county that is within a public transit district or eligible political subdivision as follows:
(i) .05% to a public transit provider as described in Subsection (11);
(ii) .075% to the cities and towns as provided in Subsection (8); and
(iii) .075% to the county legislative body.
(c) Except as provided in Subsection (12)(c), for a city, town, or portion of the county
described in Subsection (6)(a) that is not annexed into a single public transit district or eligible
political subdivision in the county, the commission shall distribute the sales and use tax
revenue collected within that portion of the county as follows:
(i) .08% to the cities and towns as provided in Subsection (8); and
(ii) .12% to the county legislative body.
(7) For a county without a public transit service that imposes a sales and use tax as
described in this section, the commission shall distribute the sales and use tax revenue
collected within the county as follows:
(a) .08% to the cities and towns as provided in Subsection (8); and
(b) .12% to the county legislative body.
(8) (a) Subject to Subsections (8)(b) and (c), the commission shall make the
distributions required by Subsections (4)(b), (5)(b), (6)(b)(ii), (6)(c)(i), and (7)(a) as follows:
(i) 50% of the total revenue collected under Subsections (4)(b), (5)(b), (6)(b)(ii),
(6)(c)(i), and (7)(a) within the counties that impose a tax under Subsections (4) through (7)
shall be distributed to the unincorporated areas, cities, and towns within those counties on the
basis of the percentage that the population of each unincorporated area, city, or town bears to
the total population of all of the counties that impose a tax under this section; and
(ii) 50% of the total revenue collected under Subsections (4)(b), (5)(b), (6)(b)(ii),
(6)(c)(i), and (7)(a) within the counties that impose a tax under Subsections (4) through (7)
shall be distributed to the unincorporated areas, cities, and towns within those counties on the
basis of the location of the transaction as determined under Sections 
59-12-211
 through
59-12-215
.
(b) (i) Population for purposes of this Subsection (8) shall be determined on the basis
of the most recent official census or census estimate of the United States Census Bureau.
(ii) If a needed population estimate is not available from the United States Census
Bureau, population figures shall be derived from an estimate from the Utah Population
Estimates Committee created by executive order of the governor.
(c) (i) Beginning on January 1, 2024, if the Housing and Community Development
Division within the Department of Workforce Services determines that a city[
,
] 
or
 town[
, or
metro township
] is ineligible for funds in accordance with Subsection 
10-9a-408
(7), beginning
the first day of the calendar quarter after receiving 90 days' notice, the commission shall
distribute the distribution that city[
,
] 
or
 town[
, or metro township
] would have received under
Subsection (8)(a) to cities[
,
] 
or
 towns[
, or metro townships
] to which Subsection 
10-9a-408
(7)
does not apply.
(ii) Beginning on January 1, 2024, if the Housing and Community Development
Division within the Department of Workforce Services determines that a county is ineligible
for funds in accordance with Subsection 
17-27a-408
(7), beginning the first day of the calendar
quarter after receiving 90 days' notice, the commission shall distribute the distribution that
county would have received under Subsection (8)(a) to counties to which Subsection
17-27a-408
(7) does not apply.
(9) If a public transit service is organized after the date a county legislative body first
imposes a tax under this section, a change in a distribution required by this section may not
take effect until the first distribution the commission makes under this section after a 90-day
period that begins on the date the commission receives written notice from the public transit
provider that the public transit service has been organized.
(10) A county, city, or town that received distributions described in Subsections (4)(b),
(4)(c), (5)(b), (5)(c), (6)(b)(ii), (6)(b)(iii), (6)(c), and (7) may only expend those funds for a
purpose described in Section 
59-12-2212.2
.
(11) (a) Subject to Subsections (11)(b), (c), and (d), revenue designated for public
transit as described in this section may be used for capital expenses and service delivery
expenses of:
(i) a public transit district;
(ii) an eligible political subdivision; or
(iii) another entity providing a service for public transit or a transit facility within the
relevant county, as those terms are defined in Section 
17B-2a-802
.
(b) (i) If a county of the first class imposes a sales and use tax described in this section,
for a three-year period following the date on which the county imposes the sales and use tax
under this section, revenue designated for public transit within a county of the first class as
described in Subsection (4)(a) shall be transferred to the County of the First Class Highway
Projects Fund created in Section 
72-2-121
.
(ii) If a county of the first class imposes a sales and use tax described in this section,
beginning on the day three years after the date on which the county imposed the tax as
described in Subsection (11)(b)(i), for revenue designated for public transit as described in
Subsection (4)(a):
(A) 50% of the revenue from a sales and use tax imposed under this section in a county
of the first class shall be transferred to the County of the First Class Highway Projects Fund
created in Section 
72-2-121
; and
(B) 50% of the revenue from a sales and use tax imposed under this section in a county
of the first class shall be transferred to the Transit Transportation Investment Fund created in
Subsection 
72-2-124
(9).
(c) (i) If a county that is not a county of the first class for which the entire boundary of
the county is annexed into a large public transit district imposes a sales and use tax described in
this section, for a three-year period following the date on which the county imposes the sales
and use tax under this section, revenue designated for public transit as described in Subsection
(5)(a) shall be transferred to the relevant county legislative body to be used for a purpose
described in Subsection (11)(a).
(ii) If a county that is not a county of the first class for which the entire boundary of the
county is annexed into a large public transit district imposes a sales and use tax described in
this section, beginning on the day three years after the date on which the county imposed the
tax as described in Subsection (11)(c)(i), for the revenue that is designated for public transit in
Subsection (5)(a):
(A) 50% shall be transferred to the Transit Transportation Investment Fund created in
Subsection 
72-2-124
(9); and
(B) 50% shall be transferred to the relevant county legislative body to be used for a
purpose described in Subsection (11)(a).
(d) Except as provided in Subsection (12)(c), for a county that imposes a sales and use
tax under this section, for revenue designated for public transit as described in Subsection
(6)(b)(i), the revenue shall be transferred to the relevant county legislative body to be used for a
purpose described in Subsection (11)(a).
(12) (a) Notwithstanding Section 
59-12-2208
, a county legislative body may, but is not
required to, submit an opinion question to the county's registered voters in accordance with
Section 
59-12-2208
 to impose a sales and use tax under this section.
(b) If a county passes an ordinance to impose a sales and use tax as described in this
section, the sales and use tax shall take effect on the first day of the calendar quarter after a
90-day period that begins on the date the commission receives written notice from the county
of the passage of the ordinance.
(c) A county that imposed the local option sales and use tax described in this section
before January 1, 2023, may maintain that county's distribution allocation in place as of
January 1, 2023.
(13) (a) Revenue collected from a sales and use tax under this section may not be used
to supplant existing General Fund appropriations that a county, city, or town budgeted for
transportation or public transit as of the date the tax becomes effective for a county, city, or
town.
(b) The limitation under Subsection (13)(a) does not apply to a designated
transportation or public transit capital or reserve account a county, city, or town established
before the date the tax becomes effective.
Section 103. Section 
63A-5b-901
 is amended to read:
63A-5b-901.
Definitions.
As used in this part:
(1) "Applicant" means a person who submits a timely, qualified proposal to the
division.
(2) "Condemnee" means the same as that term is defined in Section 
78B-6-520.3
.
(3) "Division-owned property" means real property, including an interest in real
property, to which the division holds title, regardless of who occupies or uses the real property.
(4) "Local government entity" means a county, city, town[
, metro township
], special
district, special service district, community development and renewal agency, conservation
district, school district, or other political subdivision of the state.
(5) "Primary state agency" means a state agency for which the division holds title to
real property that the state agency occupies or uses, as provided in Subsection
63A-5b-303
(1)(a)(iv).
(6) "Private party" means a person who is not a state agency, local government entity,
or public purpose nonprofit entity.
(7) "Public purpose nonprofit entity" means a corporation, association, organization, or
entity that:
(a) is located within the state;
(b) is not a state agency or local government entity;
(c) is exempt from federal income taxation under Section 501(c)(3), Internal Revenue
Code; and
(d) operates to fulfill a public purpose.
(8) "Qualified proposal" means a written proposal that:
(a) meets the criteria established by the division by rule under Section 
63A-5b-903
;
(b) if submitted by a local government entity or public purpose nonprofit entity,
explains the public purpose for which the local government entity or public purpose nonprofit
entity seeks a transfer of ownership or lease of the vacant division-owned property; and
(c) the director determines will, if accepted and implemented, provide a material
benefit to the state.
(9) "Secondary state agency" means a state agency:
(a) that is authorized to hold title to real property that the state agency occupies or uses,
as provided in Section 
63A-5b-304
; and
(b) for which the division does not hold title to real property that the state agency
occupies or uses.
(10) "State agency" means a department, division, office, entity, agency, or other unit
of state government.
(11) "Transfer of ownership" includes a transfer of the ownership of vacant
division-owned property that occurs as part of an exchange of the vacant division-owned
property for another property.
(12) "Vacant division-owned property" means division-owned property that:
(a) a primary state agency is not occupying or using; and
(b) the director has determined should be made available for:
(i) use or occupancy by a primary state agency; or
(ii) a transfer of ownership or lease to a secondary state agency, local government
entity, public purpose nonprofit entity, or private party.
(13) "Written proposal" means a brief statement in writing that explains:
(a) the proposed use or occupancy, transfer of ownership, or lease of vacant
division-owned property; and
(b) how the state will benefit from the proposed use or occupancy, transfer of
ownership, or lease.
Section 104. Section 
63G-6a-103
 is amended to read:
63G-6a-103.
Definitions.
As used in this chapter:
(1) "Approved vendor" means a person who has been approved for inclusion on an
approved vendor list through the approved vendor list process.
(2) "Approved vendor list" means a list of approved vendors established under Section
63G-6a-507
.
(3) "Approved vendor list process" means the procurement process described in
Section 
63G-6a-507
.
(4) "Bidder" means a person who submits a bid or price quote in response to an
invitation for bids.
(5) "Bidding process" means the procurement process described in Part 6, Bidding.
(6) "Board" means the Utah State Procurement Policy Board, created in Section
63G-6a-202
.
(7) "Change directive" means a written order signed by the procurement officer that
directs the contractor to suspend work or make changes, as authorized by contract, without the
consent of the contractor.
(8) "Change order" means a written alteration in specifications, delivery point, rate of
delivery, period of performance, price, quantity, or other provisions of a contract, upon mutual
agreement of the parties to the contract.
(9) "Chief procurement officer" means the individual appointed under Section
63A-2-102
.
(10) "Conducting procurement unit" means a procurement unit that conducts all
aspects of a procurement:
(a) except:
(i) reviewing a solicitation to verify that it is in proper form; and
(ii) causing the publication of a notice of a solicitation; and
(b) including:
(i) preparing any solicitation document;
(ii) appointing an evaluation committee;
(iii) conducting the evaluation process, except the process relating to scores calculated
for costs of proposals;
(iv) selecting and recommending the person to be awarded a contract;
(v) negotiating the terms and conditions of a contract, subject to the issuing
procurement unit's approval; and
(vi) contract administration.
(11) "Conservation district" means the same as that term is defined in Section
17D-3-102
.
(12) "Construction project":
(a) means a project for the construction, renovation, alteration, improvement, or repair
of a public facility on real property, including all services, labor, supplies, and materials for the
project; and
(b) does not include services and supplies for the routine, day-to-day operation, repair,
or maintenance of an existing public facility.
(13) "Construction manager/general contractor":
(a) means a contractor who enters into a contract:
(i) for the management of a construction project; and
(ii) that allows the contractor to subcontract for additional labor and materials that are
not included in the contractor's cost proposal submitted at the time of the procurement of the
contractor's services; and
(b) does not include a contractor whose only subcontract work not included in the
contractor's cost proposal submitted as part of the procurement of the contractor's services is to
meet subcontracted portions of change orders approved within the scope of the project.
(14) "Construction subcontractor":
(a) means a person under contract with a contractor or another subcontractor to provide
services or labor for the design or construction of a construction project;
(b) includes a general contractor or specialty contractor licensed or exempt from
licensing under Title 58, Chapter 55, Utah Construction Trades Licensing Act; and
(c) does not include a supplier who provides only materials, equipment, or supplies to a
contractor or subcontractor for a construction project.
(15) "Contract" means an agreement for a procurement.
(16) "Contract administration" means all functions, duties, and responsibilities
associated with managing, overseeing, and carrying out a contract between a procurement unit
and a contractor, including:
(a) implementing the contract;
(b) ensuring compliance with the contract terms and conditions by the conducting
procurement unit and the contractor;
(c) executing change orders;
(d) processing contract amendments;
(e) resolving, to the extent practicable, contract disputes;
(f) curing contract errors and deficiencies;
(g) terminating a contract;
(h) measuring or evaluating completed work and contractor performance;
(i) computing payments under the contract; and
(j) closing out a contract.
(17) "Contractor" means a person who is awarded a contract with a procurement unit.
(18) "Cooperative procurement" means procurement conducted by, or on behalf of:
(a) more than one procurement unit; or
(b) a procurement unit and a cooperative purchasing organization.
(19) "Cooperative purchasing organization" means an organization, association, or
alliance of purchasers established to combine purchasing power in order to obtain the best
value for the purchasers by engaging in procurements in accordance with Section 
63G-6a-2105
.
(20) "Cost-plus-a-percentage-of-cost contract" means a contract under which the
contractor is paid a percentage of the total actual expenses or costs in addition to the
contractor's actual expenses or costs.
(21) "Cost-reimbursement contract" means a contract under which a contractor is
reimbursed for costs which are allowed and allocated in accordance with the contract terms and
the provisions of this chapter, and a fee, if any.
(22) "Days" means calendar days, unless expressly provided otherwise.
(23) "Definite quantity contract" means a fixed price contract that provides for a
specified amount of supplies over a specified period, with deliveries scheduled according to a
specified schedule.
(24) "Design professional" means:
(a) an individual licensed as an architect under Title 58, Chapter 3a, Architects
Licensing Act;
(b) an individual licensed as a professional engineer or professional land surveyor
under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing
Act; or
(c) an individual certified as a commercial interior designer under Title 58, Chapter 86,
State Certification of Commercial Interior Designers Act.
(25) "Design professional procurement process" means the procurement process
described in Part 15, Design Professional Services.
(26) "Design professional services" means:
(a) professional services within the scope of the practice of architecture as defined in
Section 
58-3a-102
;
(b) professional engineering as defined in Section 
58-22-102
;
(c) master planning and programming services; or
(d) services within the scope of the practice of commercial interior design, as defined
in Section 
58-86-102
.
(27) "Design-build" means the procurement of design professional services and
construction by the use of a single contract.
(28) "Division" means the Division of Purchasing and General Services, created in
Section 
63A-2-101
.
(29) "Educational procurement unit" means:
(a) a school district;
(b) a public school, including a local school board or a charter school;
(c) the Utah Schools for the Deaf and the Blind;
(d) the Utah Education and Telehealth Network;
(e) an institution of higher education of the state described in Section 
53B-1-102
; or
(f) the State Board of Education.
(30) "Established catalogue price" means the price included in a catalogue, price list,
schedule, or other form that:
(a) is regularly maintained by a manufacturer or contractor;
(b) is published or otherwise available for inspection by customers; and
(c) states prices at which sales are currently or were last made to a significant number
of any category of buyers or buyers constituting the general buying public for the supplies or
services involved.
(31) (a) "Executive branch procurement unit" means a department, division, office,
bureau, agency, or other organization within the state executive branch.
(b) "Executive branch procurement unit" does not include the Colorado River
Authority of Utah as provided in Section 
63M-14-210
.
(32) "Facilities division" means the Division of Facilities Construction and
Management, created in Section 
63A-5b-301
.
(33) "Fixed price contract" means a contract that provides a price, for each
procurement item obtained under the contract, that is not subject to adjustment except to the
extent that:
(a) the contract provides, under circumstances specified in the contract, for an
adjustment in price that is not based on cost to the contractor; or
(b) an adjustment is required by law.
(34) "Fixed price contract with price adjustment" means a fixed price contract that
provides for an upward or downward revision of price, precisely described in the contract, that:
(a) is based on the consumer price index or another commercially acceptable index,
source, or formula; and
(b) is not based on a percentage of the cost to the contractor.
(35) "Grant" means an expenditure of public funds or other assistance, or an agreement
to expend public funds or other assistance, for a public purpose authorized by law, without
acquiring a procurement item in exchange.
(36) "Immaterial error":
(a) means an irregularity or abnormality that is:
(i) a matter of form that does not affect substance; or
(ii) an inconsequential variation from a requirement of a solicitation that has no, little,
or a trivial effect on the procurement process and that is not prejudicial to other vendors; and
(b) includes:
(i) a missing signature, missing acknowledgment of an addendum, or missing copy of a
professional license, bond, or insurance certificate;
(ii) a typographical error;
(iii) an error resulting from an inaccuracy or omission in the solicitation; and
(iv) any other error that the procurement official reasonably considers to be immaterial.
(37) "Indefinite quantity contract" means a fixed price contract that:
(a) is for an indefinite amount of procurement items to be supplied as ordered by a
procurement unit; and
(b) (i) does not require a minimum purchase amount; or
(ii) provides a maximum purchase limit.
(38) "Independent procurement unit" means:
(a) (i) a legislative procurement unit;
(ii) a judicial branch procurement unit;
(iii) an educational procurement unit;
(iv) a local government procurement unit;
(v) a conservation district;
(vi) a local building authority;
(vii) a special district;
(viii) a public corporation;
(ix) a special service district; or
(x) the Utah Communications Authority, established in Section 
63H-7a-201
;
(b) the facilities division, but only to the extent of the procurement authority provided
under Title 63A, Chapter 5b, Administration of State Facilities;
(c) the attorney general, but only to the extent of the procurement authority provided
under Title 67, Chapter 5, Attorney General;
(d) the Department of Transportation, but only to the extent of the procurement
authority provided under Title 72, Transportation Code; or
(e) any other executive branch department, division, office, or entity that has statutory
procurement authority outside this chapter, but only to the extent of that statutory procurement
authority.
(39) "Invitation for bids":
(a) means a document used to solicit:
(i) bids to provide a procurement item to a procurement unit; or
(ii) quotes for a price of a procurement item to be provided to a procurement unit; and
(b) includes all documents attached to or incorporated by reference in a document
described in Subsection (39)(a).
(40) "Issuing procurement unit" means a procurement unit that:
(a) reviews a solicitation to verify that it is in proper form;
(b) causes the notice of a solicitation to be published; and
(c) negotiates and approves the terms and conditions of a contract.
(41) "Judicial procurement unit" means:
(a) the Utah Supreme Court;
(b) the Utah Court of Appeals;
(c) the Judicial Council;
(d) a state judicial district; or
(e) an office, committee, subcommittee, or other organization within the state judicial
branch.
(42) "Labor hour contract" is a contract under which:
(a) the supplies and materials are not provided by, or through, the contractor; and
(b) the contractor is paid a fixed rate that includes the cost of labor, overhead, and
profit for a specified number of labor hours or days.
(43) "Legislative procurement unit" means:
(a) the Legislature;
(b) the Senate;
(c) the House of Representatives;
(d) a staff office of the Legislature, the Senate, or the House of Representatives; or
(e) a committee, subcommittee, commission, or other organization:
(i) within the state legislative branch; or
(ii) (A) that is created by statute to advise or make recommendations to the Legislature;
(B) the membership of which includes legislators; and
(C) for which the Office of Legislative Research and General Counsel provides staff
support.
(44) "Local building authority" means the same as that term is defined in Section
17D-2-102
.
(45) "Local government procurement unit" means:
(a) a county, municipality, or project entity, and each office of the county, municipality,
or project entity, unless:
(i) the county or municipality adopts a procurement code by ordinance; or
(ii) the project entity adopts a procurement code through the process described in
Section 
11-13-316
;
(b) (i) a county or municipality that has adopted this entire chapter by ordinance, and
each office or agency of that county or municipality; and
(ii) a project entity that has adopted this entire chapter through the process described in
Subsection 
11-13-316
; or
(c) a county, municipality, or project entity, and each office of the county, municipality,
or project entity that has adopted a portion of this chapter to the extent that:
(i) a term in the ordinance is used in the adopted chapter; or
(ii) a term in the ordinance is used in the language a project entity adopts in its
procurement code through the process described in Section 
11-13-316
.
(46) "Multiple award contracts" means the award of a contract for an indefinite
quantity of a procurement item to more than one person.
(47) "Multiyear contract" means a contract that extends beyond a one-year period,
including a contract that permits renewal of the contract, without competition, beyond the first
year of the contract.
(48) "Municipality" means a city[
,
] 
or
 town[
, or metro township
].
(49) "Nonadopting local government procurement unit" means:
(a) a county or municipality that has not adopted Part 16, Protests, Part 17,
Procurement Appeals Board, Part 18, Appeals to Court and Court Proceedings, and Part 19,
General Provisions Related to Protest or Appeal; and
(b) each office or agency of a county or municipality described in Subsection (49)(a).
(50) "Offeror" means a person who submits a proposal in response to a request for
proposals.
(51) "Preferred bidder" means a bidder that is entitled to receive a reciprocal preference
under the requirements of this chapter.
(52) "Procure" means to acquire a procurement item through a procurement.
(53) "Procurement" means the acquisition of a procurement item through an
expenditure of public funds, or an agreement to expend public funds, including an acquisition
through a public-private partnership.
(54) "Procurement item" means an item of personal property, a technology, a service,
or a construction project.
(55) "Procurement official" means:
(a) for a procurement unit other than an independent procurement unit, the chief
procurement officer;
(b) for a legislative procurement unit, the individual, individuals, or body designated in
a policy adopted by the Legislative Management Committee;
(c) for a judicial procurement unit, the Judicial Council or an individual or body
designated by the Judicial Council by rule;
(d) for a local government procurement unit:
(i) the legislative body of the local government procurement unit; or
(ii) an individual or body designated by the local government procurement unit;
(e) for a special district, the board of trustees of the special district or the board of
trustees' designee;
(f) for a special service district, the governing body of the special service district or the
governing body's designee;
(g) for a local building authority, the board of directors of the local building authority
or the board of directors' designee;
(h) for a conservation district, the board of supervisors of the conservation district or
the board of supervisors' designee;
(i) for a public corporation, the board of directors of the public corporation or the board
of directors' designee;
(j) for a school district or any school or entity within a school district, the board of the
school district or the board's designee;
(k) for a charter school, the individual or body with executive authority over the charter
school or the designee of the individual or body;
(l) for an institution of higher education described in Section 
53B-2-101
, the president
of the institution of higher education or the president's designee;
(m) for the State Board of Education, the State Board of Education or the State Board
of Education's designee;
(n) for the Utah Board of Higher Education, the Commissioner of Higher Education or
the designee of the Commissioner of Higher Education;
(o) for the Utah Communications Authority, established in Section 
63H-7a-201
, the
executive director of the Utah Communications Authority or the executive director's designee;
or
(p) (i) for the facilities division, and only to the extent of procurement activities of the
facilities division as an independent procurement unit under the procurement authority
provided under Title 63A, Chapter 5b, Administration of State Facilities, the director of the
facilities division or the director's designee;
(ii) for the attorney general, and only to the extent of procurement activities of the
attorney general as an independent procurement unit under the procurement authority provided
under Title 67, Chapter 5, Attorney General, the attorney general or the attorney general's
designee;
(iii) for the Department of Transportation created in Section 
72-1-201
, and only to the
extent of procurement activities of the Department of Transportation as an independent
procurement unit under the procurement authority provided under Title 72, Transportation
Code, the executive director of the Department of Transportation or the executive director's
designee; or
(iv) for any other executive branch department, division, office, or entity that has
statutory procurement authority outside this chapter, and only to the extent of the procurement
activities of the department, division, office, or entity as an independent procurement unit
under the procurement authority provided outside this chapter for the department, division,
office, or entity, the chief executive officer of the department, division, office, or entity or the
chief executive officer's designee.
(56) "Procurement unit":
(a) means:
(i) a legislative procurement unit;
(ii) an executive branch procurement unit;
(iii) a judicial procurement unit;
(iv) an educational procurement unit;
(v) the Utah Communications Authority, established in Section 
63H-7a-201
;
(vi) a local government procurement unit;
(vii) a special district;
(viii) a special service district;
(ix) a local building authority;
(x) a conservation district; and
(xi) a public corporation; and
(b) except for a project entity, to the extent that a project entity is subject to this chapter
as described in Section 
11-13-316
, does not include a political subdivision created under Title
11, Chapter 13, Interlocal Cooperation Act.
(57) "Professional service" means labor, effort, or work that requires specialized
knowledge, expertise, and discretion, including labor, effort, or work in the field of:
(a) accounting;
(b) administrative law judge service;
(c) architecture;
(d) construction design and management;
(e) engineering;
(f) financial services;
(g) information technology;
(h) the law;
(i) medicine;
(j) psychiatry; or
(k) underwriting.
(58) "Protest officer" means:
(a) for the division or an independent procurement unit:
(i) the procurement official;
(ii) the procurement official's designee who is an employee of the procurement unit; or
(iii) a person designated by rule made by the rulemaking authority; or
(b) for a procurement unit other than an independent procurement unit, the chief
procurement officer or the chief procurement officer's designee who is an employee of the
division .
(59) "Public corporation" means the same as that term is defined in Section 
63E-1-102
.
(60) "Project entity" means the same as that term is defined in Section 
11-13-103
.
(61) "Public entity" means the state or any other government entity within the state that
expends public funds.
(62) "Public facility" means a building, structure, infrastructure, improvement, or other
facility of a public entity.
(63) "Public funds" means money, regardless of its source, including from the federal
government, that is owned or held by a procurement unit.
(64) "Public transit district" means a public transit district organized under Title 17B,
Chapter 2a, Part 8, Public Transit District Act.
(65) "Public-private partnership" means an arrangement or agreement, occurring on or
after January 1, 2017, between a procurement unit and one or more contractors to provide for a
public need through the development or operation of a project in which the contractor or
contractors share with the procurement unit the responsibility or risk of developing, owning,
maintaining, financing, or operating the project.
(66) "Qualified vendor" means a vendor who:
(a) is responsible; and
(b) submits a responsive statement of qualifications under Section 
63G-6a-410
 that
meets the minimum mandatory requirements, evaluation criteria, and any applicable score
thresholds set forth in the request for statement of qualifications.
(67) "Real property" means land and any building, fixture, improvement, appurtenance,
structure, or other development that is permanently affixed to land.
(68) "Request for information" means a nonbinding process through which a
procurement unit requests information relating to a procurement item.
(69) "Request for proposals" means a document used to solicit proposals to provide a
procurement item to a procurement unit, including all other documents that are attached to that
document or incorporated in that document by reference.
(70) "Request for proposals process" means the procurement process described in Part
7, Request for Proposals.
(71) "Request for statement of qualifications" means a document used to solicit
information about the qualifications of a person interested in responding to a potential
procurement, including all other documents attached to that document or incorporated in that
document by reference.
(72) "Requirements contract" means a contract:
(a) under which a contractor agrees to provide a procurement unit's entire requirements
for certain procurement items at prices specified in the contract during the contract period; and
(b) that:
(i) does not require a minimum purchase amount; or
(ii) provides a maximum purchase limit.
(73) "Responsible" means being capable, in all respects, of:
(a) meeting all the requirements of a solicitation; and
(b) fully performing all the requirements of the contract resulting from the solicitation,
including being financially solvent with sufficient financial resources to perform the contract.
(74) "Responsive" means conforming in all material respects to the requirements of a
solicitation.
(75) "Rule" includes a policy or regulation adopted by the rulemaking authority, if
adopting a policy or regulation is the method the rulemaking authority uses to adopt provisions
that govern the applicable procurement unit.
(76) "Rulemaking authority" means:
(a) for a legislative procurement unit, the Legislative Management Committee;
(b) for a judicial procurement unit, the Judicial Council;
(c) (i) only to the extent of the procurement authority expressly granted to the
procurement unit by statute:
(A) for the facilities division, the facilities division;
(B) for the Office of the Attorney General, the attorney general;
(C) for the Department of Transportation created in Section 
72-1-201
, the executive
director of the Department of Transportation; and
(D) for any other executive branch department, division, office, or entity that has
statutory procurement authority outside this chapter, the governing authority of the department,
division, office, or entity; and
(ii) for each other executive branch procurement unit, the board;
(d) for a local government procurement unit:
(i) the governing body of the local government unit; or
(ii) an individual or body designated by the local government procurement unit;
(e) for a school district or a public school, the board, except to the extent of a school
district's own nonadministrative rules that do not conflict with the provisions of this chapter;
(f) for a state institution of higher education, the Utah Board of Higher Education;
(g) for the State Board of Education or the Utah Schools for the Deaf and the Blind, the
State Board of Education;
(h) for a public transit district, the chief executive of the public transit district;
(i) for a special district other than a public transit district or for a special service
district, the board, except to the extent that the board of trustees of the special district or the
governing body of the special service district makes its own rules:
(i) with respect to a subject addressed by board rules; or
(ii) that are in addition to board rules;
(j) for the Utah Educational Savings Plan, created in Section 
53B-8a-103
, the Utah
Board of Higher Education;
(k) for the School and Institutional Trust Lands Administration, created in Section
53C-1-201
, the School and Institutional Trust Lands Board of Trustees;
(l) for the School and Institutional Trust Fund Office, created in Section 
53D-1-201
,
the School and Institutional Trust Fund Board of Trustees;
(m) for the Utah Communications Authority, established in Section 
63H-7a-201
, the
Utah Communications Authority board, created in Section 
63H-7a-203
; or
(n) for any other procurement unit, the board.
(77) "Service":
(a) means labor, effort, or work to produce a result that is beneficial to a procurement
unit;
(b) includes a professional service; and
(c) does not include labor, effort, or work provided under an employment agreement or
a collective bargaining agreement.
(78) "Small purchase process" means the procurement process described in Section
63G-6a-506
.
(79) "Sole source contract" means a contract resulting from a sole source procurement.
(80) "Sole source procurement" means a procurement without competition pursuant to
a determination under Subsection 
63G-6a-802
(1)(a) that there is only one source for the
procurement item.
(81) "Solicitation" means an invitation for bids, request for proposals, or request for
statement of qualifications.
(82) "Solicitation response" means:
(a) a bid submitted in response to an invitation for bids;
(b) a proposal submitted in response to a request for proposals; or
(c) a statement of qualifications submitted in response to a request for statement of
qualifications.
(83) "Special district" means the same as that term is defined in Section 
17B-1-102
.
(84) "Special service district" means the same as that term is defined in Section
17D-1-102
.
(85) "Specification" means any description of the physical or functional characteristics
or of the nature of a procurement item included in an invitation for bids or a request for
proposals, or otherwise specified or agreed to by a procurement unit, including a description of:
(a) a requirement for inspecting or testing a procurement item; or
(b) preparing a procurement item for delivery.
(86) "Standard procurement process" means:
(a) the bidding process;
(b) the request for proposals process;
(c) the approved vendor list process;
(d) the small purchase process; or
(e) the design professional procurement process.
(87) "State cooperative contract" means a contract awarded by the division for and in
behalf of all public entities.
(88) "Statement of qualifications" means a written statement submitted to a
procurement unit in response to a request for statement of qualifications.
(89) "Subcontractor":
(a) means a person under contract to perform part of a contractual obligation under the
control of the contractor, whether the person's contract is with the contractor directly or with
another person who is under contract to perform part of a contractual obligation under the
control of the contractor; and
(b) includes a supplier, distributor, or other vendor that furnishes supplies or services
to a contractor.
(90) "Technology" means the same as "information technology," as defined in Section
63A-16-102
.
(91) "Tie bid" means that the lowest responsive bids of responsible bidders are
identical in price.
(92) "Time and materials contract" means a contract under which the contractor is paid:
(a) the actual cost of direct labor at specified hourly rates;
(b) the actual cost of materials and equipment usage; and
(c) an additional amount, expressly described in the contract, to cover overhead and
profit, that is not based on a percentage of the cost to the contractor.
(93) "Transitional costs":
(a) means the costs of changing:
(i) from an existing provider of a procurement item to another provider of that
procurement item; or
(ii) from an existing type of procurement item to another type;
(b) includes:
(i) training costs;
(ii) conversion costs;
(iii) compatibility costs;
(iv) costs associated with system downtime;
(v) disruption of service costs;
(vi) staff time necessary to implement the change;
(vii) installation costs; and
(viii) ancillary software, hardware, equipment, or construction costs; and
(c) does not include:
(i) the costs of preparing for or engaging in a procurement process; or
(ii) contract negotiation or drafting costs.
(94) "Vendor":
(a) means a person who is seeking to enter into a contract with a procurement unit to
provide a procurement item; and
(b) includes:
(i) a bidder;
(ii) an offeror;
(iii) an approved vendor;
(iv) a design professional; and
(v) a person who submits an unsolicited proposal under Section 
63G-6a-712
.
Section 105. Section 
63G-26-102
 is amended to read:
63G-26-102.
Definitions.
As used in this chapter:
(1) "Personal information" means a record or other compilation of data that identifies a
person as a donor to an entity exempt from federal income tax under Section 501(c) of the
Internal Revenue Code.
(2) "Public agency" means a state or local government entity, including:
(a) a department, division, agency, office, commission, board, or other government
organization;
(b) a political subdivision, including a county, city, town[
, metro township
], special
district, or special service district;
(c) a public school, school district, charter school, or public higher education
institution; or
(d) a judicial or quasi-judicial body.
Section 106. Section 
63G-29-101
 is amended to read:
63G-29-101.
Definitions.
(1) (a) "Governmental entity" means:
(i) the state;
(ii) a county, city, town[
, metro township
], school district, special district, special
service district, or other political subdivision of the state; or
(iii) an independent entity.
(b) "Governmental entity" includes an agency, bureau, office, department, division,
board, commission, institution, laboratory, or other instrumentality of an entity described in
Subsection (1)(a).
(2) "Independent entity" means the same as that term is defined in Section 
63E-1-102
.
(3) "Members of a person's social network" means the people a person authorizes to be
part of the person's social media communications and network.
(4) (a) "Social credit score" means a numeric, alphanumeric, or alphabetic value or
other categorization assigned to a person based on:
(i) the person's:
(A) compliance or noncompliance with government guidance;
(B) social media post;
(C) participation or membership in a lawful club, association, or union;
(D) political affiliation; or
(E) employment industry or employer; or
(ii) the identity of the members of the person's social network.
(b) "Social credit score" does not include:
(i) a consumer report as defined in 15 U.S.C. Sec. 1681a;
(ii) compliance or noncompliance with statute, administrative rule, or other law; or
(iii) a numeric, alphanumeric, or alphabetic value or other categorization assigned to a
person for:
(A) purposes of education, training, or job performance assessment;
(B) purposes of a contest or competition;
(C) purposes of hiring a prospective employee or independent contractor;
(D) purposes of issuance or taking an action against a professional license,
certification, registration, or permit;
(E) purposes of a professional or tax audit; or
(F) use by a financial institution or an affiliate of a financial institution regulated under
Title V of the Gramm-Leach-Bliley Act, 15 U.S.C. Sec. 6801 et seq., to determine risk of loss,
impairment, or default.
Section 107. Section 
63J-4-801
 is amended to read:
63J-4-801.
Definitions.
As used in this part:
(1) "American Rescue Plan Act" means the American Rescue Plan Act, Pub. L. 117-2.
(2) "COVID-19" means:
(a) severe acute respiratory syndrome coronavirus 2; or
(b) the disease caused by severe acute respiratory syndrome coronavirus 2.
(3) "COVID-19 emergency" means the spread of COVID-19 that the World Health
Organization declared a pandemic on March 11, 2020.
(4) "Grant program" means the COVID-19 Local Assistance Matching Grant Program
established in Section 
63J-4-802
.
(5) "Local government" means a county, city, town[
, metro township
], special district,
or special service district.
(6) "Review committee" means the COVID-19 Local Assistance Matching Grant
Program Review Committee established in Section 
63J-4-803
.
Section 108. Section 
63N-2-103
 is amended to read:
63N-2-103.
Definitions.
As used in this part:
(1) (a) "Business entity" means a person that enters into a written agreement with the
office to initiate a new commercial project in Utah that will qualify the person to receive a tax
credit under Section 
59-7-614.2
 or 
59-10-1107
.
(b) With respect to a tax credit authorized by the office in accordance with Subsection
63N-2-104.3
(2), "business entity" includes a nonprofit entity.
(2) "Commercial or industrial zone" means an area zoned agricultural, commercial,
industrial, manufacturing, business park, research park, or other appropriate business related
use in a general plan that contemplates future growth.
(3) "Development zone" means an economic development zone created under Section
63N-2-104
.
(4) "Local government entity" means a county, city, 
or
 town[
, or metro township
].
(5) "New commercial project" means an economic development opportunity that:
(a) involves a targeted industry;
(b) is located within:
(i) a county of the third, fourth, fifth, or sixth class; or
(ii) a municipality that has a population of 10,000 or less and the municipality is
located within a county of the second class; or
(c) involves an economic development opportunity that the commission determines to
be eligible for a tax credit under this part.
(6) "Remote work opportunity" means a new commercial project that:
(a) does not require a physical office in the state where employees associated with the
new commercial project are required to work; and
(b) requires employees associated with the new commercial project to:
(i) work remotely from a location within the state; and
(ii) maintain residency in the state.
(7) "Significant capital investment" means an investment in capital or fixed assets,
which may include real property, personal property, and other fixtures related to a new
commercial project that represents an expansion of existing operations in the state or that
increases the business entity's existing workforce in the state.
(8) "Tax credit" means an economic development tax credit created by Section
59-7-614.2
 or 
59-10-1107
.
(9) "Tax credit amount" means the amount the office lists as a tax credit on a tax credit
certificate for a taxable year.
(10) "Tax credit certificate" means a certificate issued by the office that:
(a) lists the name of the business entity to which the office authorizes a tax credit;
(b) lists the business entity's taxpayer identification number;
(c) lists the amount of tax credit that the office authorizes the business entity for the
taxable year; and
(d) may include other information as determined by the office.
(11) "Written agreement" means a written agreement entered into between the office
and a business entity under Section 
63N-2-104.2
.
Section 109. Section 
63N-4-801
 is amended to read:
63N-4-801.
Definitions.
As used in this part:
(1) "Advisory committee" means the Rural Opportunity Advisory Committee created
in Section 
63N-4-804
.
(2) "Association of governments" means an association of political subdivisions of the
state, established pursuant to an interlocal agreement under Title 11, Chapter 13, Interlocal
Cooperation Act.
(3) (a) "Business entity" means a sole proprietorship, partnership, association, joint
venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on
a business.
(b) "Business entity" does not include a business primarily engaged in the following:
(i) construction;
(ii) staffing;
(iii) retail trade; or
(iv) public utility activities.
(4) "CEO board" means a County Economic Opportunity Advisory Board as described
in Section 
63N-4-803
.
(5) "Fund" means the Rural Opportunity Fund created in Section 
63N-4-805
.
(6) "Qualified asset" means a physical asset that provides or supports an essential
public service.
(7) " Qualified project" means a project to build or improve one or more qualified
assets for a rural community, including:
(a) telecom and high-speed Internet infrastructure;
(b) power and energy infrastructure;
(c) water and sewerage infrastructure;
(d) healthcare infrastructure; or
(e) other infrastructure as defined by rule made by the office in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(8) "Rural community" means a rural county or rural municipality.
(9) "Rural county" means a county of the third, fourth, fifth, or sixth class.
(10) "Rural municipality" means a city[
,
] 
or
 town[
, or metro township
] located within
the boundaries of:
(a) a county of the third, fourth, fifth, or sixth class; or
(b) a county of the second class, if the municipality has a population of 10,000 or less.
(11) "Rural Opportunity Program" or "program" means the Rural Opportunity Program
created in Section 
63N-4-802
.
Section 110. Section 
65A-1-1
 is amended to read:
65A-1-1.
Definitions.
As used in this title:
(1) "Division" means the Division of Forestry, Fire, and State Lands.
(2) "Initial attack" means action taken by the first resource to arrive at a wildland fire
incident, including evaluating the wildland fire, patrolling, monitoring, holding action, or
aggressive suppression action.
(3) "Multiple use" means the management of various surface and subsurface resources
in a manner that will best meet the present and future needs of the people of this state.
(4) "Municipality" means a city[
,
] 
or
 town[
, or metro township
].
(5) "Public trust assets" means those lands and resources, including sovereign lands,
administered by the division.
(6) "Sovereign lands" means those lands lying below the ordinary high water mark of
navigable bodies of water at the date of statehood and owned by the state by virtue of its
sovereignty.
(7) "State lands" means all lands administered by the division.
(8) "Sustained yield" means the achievement and maintenance of high level annual or
periodic output of the various renewable resources of land without impairment of the
productivity of the land.
(9) "Wildland" means an area where:
(a) development is essentially non-existent, except for roads, railroads, powerlines, or
similar transportation facilities; and
(b) structures, if any, are widely scattered.
(10) "Wildland fire" means a fire that consumes:
(a) wildland; or
(b) wildland-urban interface, as defined in Section 
65A-8a-102
.
Section 111. Section 
65A-8-212
 is amended to read:
65A-8-212.
Power of state forester to close hazardous areas -- Violations of an
order closing an area.
(1) (a) If the state forester finds conditions in a given area in the state to be extremely
hazardous, "extremely hazardous" means categorized as "extreme" under a nationally
recognized standard for rating fire danger, he shall close those areas to any forms of use by the
public, or to limit that use, except as provided in Subsection (5).
(b) The closure shall include, for the period of time the state forester considers
necessary, the prohibition of open fires, and may include restrictions and prohibitions on:
(i) smoking;
(ii) the use of vehicles or equipment;
(iii) welding, cutting, or grinding of metals;
(iv) subject to Subsection (5), fireworks;
(v) explosives; or
(vi) the use of firearms for target shooting.
(c) Any restriction or closure relating to firearms use:
(i) shall be done with support of the duly elected county sheriff of the affected county
or counties;
(ii) shall undergo a formal review by the State Forester and County Sheriff every 14
days; and
(iii) may not prohibit a person from legally possessing a firearm or lawfully
participating in a hunt.
(d) The State Forester and County Sheriff shall:
(i) agree to the terms of any restriction or closure relating to firearms use;
(ii) reduce the agreement to writing;
(iii) sign the agreement indicating approval of its terms and duration; and
(iv) complete the steps in Subsections (1)(d)(i) through (d)(iii) at each 14 day review
and at termination of the restriction or closure.
(2) Nothing in this chapter prohibits any resident within the area from full and free
access to his home or property, or any legitimate use by the owner or lessee of the property.
(3) The order or proclamation closing or limiting the use in the area shall set forth:
(a) the exact area coming under the order;
(b) the date when the order becomes effective; and
(c) if advisable, the authority from whom permits for entry into the area may be
obtained.
(4) Any entry into or use of any area in violation of this section is a class B
misdemeanor.
(5) The state forester may not restrict or prohibit the discharge of fireworks within the
municipal boundaries of a city[
,
] 
or
 town[
, or metro township
].
Section 112. Section 
67-1a-2
 is amended to read:
67-1a-2.
Duties enumerated.
(1) The lieutenant governor shall:
(a) perform duties delegated by the governor, including assignments to serve in any of
the following capacities:
(i) as the head of any one department, if so qualified, with the advice and consent of
the Senate, and, upon appointment at the pleasure of the governor and without additional
compensation;
(ii) as the chairperson of any cabinet group organized by the governor or authorized by
law for the purpose of advising the governor or coordinating intergovernmental or
interdepartmental policies or programs;
(iii) as liaison between the governor and the state Legislature to coordinate and
facilitate the governor's programs and budget requests;
(iv) as liaison between the governor and other officials of local, state, federal, and
international governments or any other political entities to coordinate, facilitate, and protect the
interests of the state;
(v) as personal advisor to the governor, including advice on policies, programs,
administrative and personnel matters, and fiscal or budgetary matters; and
(vi) as chairperson or member of any temporary or permanent boards, councils,
commissions, committees, task forces, or other group appointed by the governor;
(b) serve on all boards and commissions in lieu of the governor, whenever so
designated by the governor;
(c) serve as the chief election officer of the state as required by Subsection (2);
(d) keep custody of the Great Seal of the State of Utah;
(e) keep a register of, and attest, the official acts of the governor;
(f) affix the Great Seal, with an attestation, to all official documents and instruments to
which the official signature of the governor is required; and
(g) furnish a certified copy of all or any part of any law, record, or other instrument
filed, deposited, or recorded in the office of the lieutenant governor to any person who requests
it and pays the fee.
(2) (a) As the chief election officer, the lieutenant governor shall:
(i) exercise oversight, and general supervisory authority, over all elections;
(ii) exercise direct authority over the conduct of elections for federal, state, and
multicounty officers and statewide or multicounty ballot propositions and any recounts
involving those races;
(iii) establish uniformity in the election ballot;
(iv) (A) prepare election information for the public as required by law and as
determined appropriate by the lieutenant governor; and
(B) make the information described in Subsection (2)(a)(iv)(A) available to the public
and to news media, on the Internet, and in other forms as required by law and as determined
appropriate by the lieutenant governor;
(v) receive and answer election questions and maintain an election file on opinions
received from the attorney general;
(vi) maintain a current list of registered political parties as defined in Section
20A-8-101
;
(vii) maintain election returns and statistics;
(viii) certify to the governor the names of individuals nominated to run for, or elected
to, office;
(ix) ensure that all voting equipment purchased by the state complies with the
requirements of Sections 
20A-5-302
, 
20A-5-802
, and 
20A-5-803
;
(x) during a declared emergency, to the extent that the lieutenant governor determines
it warranted, designate, as provided in Section 
20A-1-308
, a different method, time, or location
relating to:
(A) voting on election day;
(B) early voting;
(C) the transmittal or voting of an absentee ballot or military-overseas ballot;
(D) the counting of an absentee ballot or military-overseas ballot; or
(E) the canvassing of election returns; and
(xi) exercise all other election authority, and perform other election duties, as provided
in Title 20A, Election Code.
(b) As chief election officer, the lieutenant governor:
(i) shall oversee all elections, and functions relating to elections, in the state;
(ii) shall, in accordance with Section 
20A-1-105
, take action to enforce compliance by
an election officer with legal requirements relating to elections; and
(iii) may not assume the responsibilities assigned to the county clerks, city recorders,
town clerks, or other local election officials by Title 20A, Election Code.
(3) (a) The lieutenant governor shall:
(i) determine a new municipality's classification under Section 
10-2-301
 upon the city's
incorporation under Title 10, Chapter 2a, Part 2, Incorporation of a Municipality, based on the
municipality's population using the population estimate from the Utah Population Committee;
and
(ii) (A) prepare a certificate indicating the class in which the new municipality belongs
based on the municipality's population; and
(B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
municipality's legislative body.
(b) The lieutenant governor shall:
(i) determine the classification under Section 
10-2-301
 of a consolidated municipality
upon the consolidation of multiple municipalities under Title 10, Chapter 2, Part 6,
Consolidation of Municipalities, using population information from:
(A) each official census or census estimate of the United States Bureau of the Census;
or
(B) the population estimate from the Utah Population Committee, if the population of a
municipality is not available from the United States Bureau of the Census; and
(ii) (A) prepare a certificate indicating the class in which the consolidated municipality
belongs based on the municipality's population; and
(B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
consolidated municipality's legislative body.
[
(c) The lieutenant governor shall:
]
[
(i) determine a new metro township's classification under Section 
10-2-301.5
 upon the
metro township's incorporation under Title 10, Chapter 2a, Part 4, Incorporation of Metro
Townships and Unincorporated Islands in a County of the First Class on and after May 12,
2015, based on the metro township's population using the population estimates from the Utah
Population Committee; and
]
[
(ii) prepare a certificate indicating the class in which the new metro township belongs
based on the metro township's population and, within 10 days after preparing the certificate,
deliver a copy of the certificate to the metro township's legislative body.
]
[
(d)
] 
(c)
 The lieutenant governor shall monitor the population of each municipality
using population information from:
(i) each official census or census estimate of the United States Bureau of the Census; or
(ii) the population estimate from the Utah Population Committee, if the population of a
municipality is not available from the United States Bureau of the Census.
[
(e)
] 
(d)
 If the applicable population figure under Subsection (3)(b) or [
(d)
] 
(c)
indicates that a municipality's population has increased beyond the population for its current
class, the lieutenant governor shall:
(i) prepare a certificate indicating the class in which the municipality belongs based on
the increased population figure; and
(ii) within 10 days after preparing the certificate, deliver a copy of the certificate to the
legislative body of the municipality whose class has changed.
[
(f)
] 
(e)
 (i) If the applicable population figure under Subsection (3)(b) or [
(d)
] 
(c)
indicates that a municipality's population has decreased below the population for its current
class, the lieutenant governor shall send written notification of that fact to the municipality's
legislative body.
(ii) Upon receipt of a petition under Subsection 
10-2-302
(2) from a municipality whose
population has decreased below the population for its current class, the lieutenant governor
shall:
(A) prepare a certificate indicating the class in which the municipality belongs based
on the decreased population figure; and
(B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
legislative body of the municipality whose class has changed.
Section 113. Section 
68-3-12.5
 is amended to read:
68-3-12.5.
Definitions for Utah Code.
(1) The definitions listed in this section apply to the Utah Code, unless:
(a) the definition is inconsistent with the manifest intent of the Legislature or repugnant
to the context of the statute; or
(b) a different definition is expressly provided for the respective title, chapter, part,
section, or subsection.
(2) "Adjudicative proceeding" means:
(a) an action by a board, commission, department, officer, or other administrative unit
of the state that determines the legal rights, duties, privileges, immunities, or other legal
interests of one or more identifiable persons, including an action to grant, deny, revoke,
suspend, modify, annul, withdraw, or amend an authority, right, or license; and
(b) judicial review of an action described in Subsection (2)(a).
(3) "Administrator" includes "executor" when the subject matter justifies the use.
(4) "Advisory board," "advisory commission," and "advisory council" mean a board,
commission, committee, or council that:
(a) is created by, and whose duties are provided by, statute or executive order;
(b) performs its duties only under the supervision of another person as provided by
statute; and
(c) provides advice and makes recommendations to another person that makes policy
for the benefit of the general public.
(5) "Armed forces" means the United States Army, Navy, Air Force, Marine Corps,
Space Force, and Coast Guard.
[
(6) "City" includes, depending on population, a metro township as defined in Section
10-3c-102
.
]
[
(7)
] 
(6)
 "County executive" means:
(a) the county commission, in the county commission or expanded county commission
form of government established under Title 17, Chapter 52a, Changing Forms of County
Government;
(b) the county executive, in the county executive-council optional form of government
authorized by Section 
17-52a-203
; or
(c) the county manager, in the council-manager optional form of government
authorized by Section 
17-52a-204
.
[
(8)
] 
(7)
 "County legislative body" means:
(a) the county commission, in the county commission or expanded county commission
form of government established under Title 17, Chapter 52a, Changing Forms of County
Government;
(b) the county council, in the county executive-council optional form of government
authorized by Section 
17-52a-203
; and
(c) the county council, in the council-manager optional form of government authorized
by Section 
17-52a-204
.
[
(9)
] 
(8)
 "Depose" means to make a written statement made under oath or affirmation.
[
(10)
] 
(9)
 "Executor" includes "administrator" when the subject matter justifies the use.
[
(11)
] 
(10)
 "Guardian" includes a person who:
(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary
or court appointment; or
(b) is appointed by a court to manage the estate of a minor or incapacitated person.
[
(12)
] 
(11)
 "Highway" includes:
(a) a public bridge;
(b) a county way;
(c) a county road;
(d) a common road; and
(e) a state road.
[
(13)
] 
(12)
 "Intellectual disability" means a significant, subaverage general intellectual
functioning that:
(a) exists concurrently with deficits in adaptive behavior; and
(b) is manifested during the developmental period as defined in the current edition of
the Diagnostic and Statistical Manual of Mental Disorders, published by the American
Psychiatric Association.
[
(14)
] 
(13)
 "Intermediate care facility for people with an intellectual disability" means
an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social
Security Act.
[
(15)
] 
(14)
 "Land" includes:
(a) land;
(b) a tenement;
(c) a hereditament;
(d) a water right;
(e) a possessory right; and
(f) a claim.
[
(16)
] 
(15)
 "Month" means a calendar month, unless otherwise expressed.
[
(17)
] 
(16)
 "Oath" includes "affirmation."
[
(18)
] 
(17)
 "Person" means:
(a) an individual;
(b) an association;
(c) an institution;
(d) a corporation;
(e) a company;
(f) a trust;
(g) a limited liability company;
(h) a partnership;
(i) a political subdivision;
(j) a government office, department, division, bureau, or other body of government;
and
(k) any other organization or entity.
[
(19)
] 
(18)
 "Personal property" includes:
(a) money;
(b) goods;
(c) chattels;
(d) effects;
(e) evidences of a right in action;
(f) a written instrument by which a pecuniary obligation, right, or title to property is
created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
(g) a right or interest in an item described in Subsections [
(19)(a)
] 
(18)(a)
 through (f).
[
(20)
] 
(19)
 "Personal representative," "executor," and "administrator" include:
(a) an executor;
(b) an administrator;
(c) a successor personal representative;
(d) a special administrator; and
(e) a person who performs substantially the same function as a person described in
Subsections [
(20)(a)
] 
(19)(a)
 through (d) under the law governing the person's status.
[
(21)
] 
(20)
 "Policy board," "policy commission," or "policy council" means a board,
commission, or council that:
(a) is authorized to make policy for the benefit of the general public;
(b) is created by, and whose duties are provided by, the constitution or statute; and
(c) performs its duties according to its own rules without supervision other than under
the general control of another person as provided by statute.
[
(22)
] 
(21)
 "Population" is shown by the most recent state or national census, unless
expressly provided otherwise.
[
(23)
] 
(22)
 "Process" means a writ or summons issued in the course of a judicial
proceeding.
[
(24)
] 
(23)
 "Property" includes both real and personal property.
[
(25)
] 
(24)
 "Real estate" or "real property" includes:
(a) land;
(b) a tenement;
(c) a hereditament;
(d) a water right;
(e) a possessory right; and
(f) a claim.
[
(26)
] 
(25)
 "Review board," "review commission," and "review council" mean a board,
commission, committee, or council that:
(a) is authorized to approve policy made for the benefit of the general public by another
body or person;
(b) is created by, and whose duties are provided by, statute; and
(c) performs its duties according to its own rules without supervision other than under
the general control of another person as provided by statute.
[
(27)
] 
(26)
 "Road" includes:
(a) a public bridge;
(b) a county way;
(c) a county road;
(d) a common road; and
(e) a state road.
[
(28)
] 
(27)
 "Signature" includes a name, mark, or sign written with the intent to
authenticate an instrument or writing.
[
(29)
] 
(28)
 "State," when applied to the different parts of the United States, includes a
state, district, or territory of the United States.
[
(30)
] 
(29)
 "Swear" includes "affirm."
[
(31)
] 
(30)
 "Testify" means to make an oral statement under oath or affirmation.
[
(32) "Town" includes, depending on population, a metro township as defined in
Section 
10-3c-102
.
]
[
(33)
] 
(31)
 "Uniformed services" means:
(a) the armed forces;
(b) the commissioned corps of the National Oceanic and Atmospheric Administration;
and
(c) the commissioned corps of the United States Public Health Service.
[
(34)
] 
(32)
 "United States" includes each state, district, and territory of the United
States of America.
[
(35)
] 
(33)
 "Utah Code" means the 1953 recodification of the Utah Code, as amended,
unless the text expressly references a portion of the 1953 recodification of the Utah Code as it
existed:
(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
(b) (i) after the day described in Subsection [
(35)(a)
] 
(33)(a)
; and
(ii) before the most recent amendment to the referenced portion of the 1953
recodification of the Utah Code.
[
(36)
] 
(34)
 "Vessel," when used with reference to shipping, includes a steamboat, canal
boat, and every structure adapted to be navigated from place to place.
[
(37)
] 
(35)
 (a) "Veteran" means an individual who:
(i) has served in the United States Armed Forces for at least 180 days:
(A) on active duty; or
(B) in a reserve component, to include the National Guard; or
(ii) has incurred an actual service-related injury or disability while in the United States
Armed Forces regardless of whether the individual completed 180 days; and
(iii) was separated or retired under conditions characterized as honorable or general.
(b) This definition is not intended to confer eligibility for benefits.
[
(38)
] 
(36)
 "Will" includes a codicil.
[
(39)
] 
(37)
 "Writ" means an order or precept in writing, issued in the name of:
(a) the state;
(b) a court; or
(c) a judicial officer.
[
(40)
] 
(38)
 "Writing" includes:
(a) printing;
(b) handwriting; and
(c) information stored in an electronic or other medium if the information is retrievable
in a perceivable format.
Section 114. Section 
72-2-108
 is amended to read:
72-2-108.
Apportionment of funds available for use on class B and class C roads
-- Bonds.
(1) For purposes of this section:
(a) "Eligible county" means a county of the fifth class, as described in Section
17-50-501
, that received a distribution for fiscal year 2015 that was reapportioned to include
money in addition to the amount calculated under Subsection (2), and the portion of the
distribution derived from the calculation under Subsection (2) was less than 60% of the total
distribution.
(b) "Graveled road" means a road:
(i) that is:
(A) graded; and
(B) drained by transverse drainage systems to prevent serious impairment of the road
by surface water;
(ii) that has an improved surface; and
(iii) that has a wearing surface made of:
(A) gravel;
(B) broken stone;
(C) slag;
(D) iron ore;
(E) shale; or
(F) other material that is:
(I) similar to a material described in Subsection (1)(b)(iii)(A) through (E); and
(II) coarser than sand.
(c) "Paved road" includes:
(i) a graveled road with a chip seal surface; and
(ii) a circulator alley.
(d) "Road mile" means a one-mile length of road, regardless of:
(i) the width of the road; or
(ii) the number of lanes into which the road is divided.
(e) "Weighted mileage" means the sum of the following:
(i) paved road miles multiplied by five; and
(ii) all other road type road miles multiplied by two.
(2) Subject to the provisions of Subsections (3) through (7), funds appropriated for
class B and class C roads shall be apportioned among counties and municipalities in the
following manner:
(a) 50% in the ratio that the class B roads weighted mileage within each county and
class C roads weighted mileage within each municipality bear to the total class B and class C
roads weighted mileage within the state; and
(b) 50% in the ratio that the population of a county or municipality bears to the total
population of the state as of the last official federal census or the United States Bureau of
Census estimate, whichever is most recent, except that if population estimates are not available
from the United States Bureau of Census, population figures shall be derived from the estimate
from the Utah Population Committee.
(3) For purposes of Subsection (2)(b), "the population of a county" means:
[
(a) for a county of the first class with a metro township, as defined in Section
10-2a-403
, within the boundaries of the county as of January 1, 2020:
]
[
(i) the population of a county outside the corporate limits of municipalities in that
county, if the population of the county outside the corporate limits of municipalities in that
county is not less than 7% of the total population of that county, including municipalities; and
]
[
(ii) if the population of a county outside the corporate limits of municipalities in the
county is less than 7% of the total population:
]
[
(A) the aggregate percentage of the population apportioned to municipalities in that
county shall be reduced by an amount equal to the difference between:
]
[
(I) 7%; and
]
[
(II) the actual percentage of population outside the corporate limits of municipalities
in that county; and
]
[
(B) the population apportioned to the county shall be 7% of the total population of that
county, including incorporated municipalities; or
]
[
(b) for any county not described in Subsection (3)(a):
]
[
(i)
] 
(a)
 the population of a county outside the corporate limits of municipalities in that
county, if the population of the county outside the corporate limits of municipalities in that
county is not less than 14% of the total population of that county, including municipalities; and
[
(ii)
] 
(b)
 if the population of a county outside the corporate limits of municipalities in
the county is less than 14% of the total population:
[
(A)
] 
(i)
 the aggregate percentage of the population apportioned to municipalities in
that county shall be reduced by an amount equal to the difference between:
[
(I)
] 
(A)
 14%; and
[
(II)
] 
(B)
 the actual percentage of population outside the corporate limits of
municipalities in that county; and
[
(B)
] 
(ii)
 the population apportioned to the county shall be 14% of the total population
of that county, including incorporated municipalities.
(4) For an eligible county, the department shall reapportion the funds under Subsection
(2) to ensure that the county or municipality receives, for a fiscal year beginning on or after
July 1, 2018, an amount equal to the greater of:
(a) the amount apportioned to the county or municipality for class B and class C roads
in the current fiscal year under Subsection (2); or
(b) (i) the amount apportioned to the county or municipality for class B and class C
roads through the apportionment formula under Subsection (2) or this Subsection (4) in the
prior fiscal year; plus
(ii) the amount calculated as described in Subsection (6).
(5) (a) The department shall decrease proportionately as provided in Subsection (5)(b)
the apportionments to counties and municipalities for which the reapportionment under
Subsection (4) does not apply.
(b) The aggregate amount of the funds that the department shall decrease
proportionately from the apportionments under Subsection (5)(a) is an amount equal to the
aggregate amount reapportioned to counties and municipalities under Subsection (4).
(6) (a) In addition to the apportionment adjustments made under Subsection (4), a
county or municipality that qualifies for reapportioned money under Subsection (4) shall
receive an amount equal to the amount apportioned to the eligible county or municipality under
Subsection (4) for class B and class C roads in the prior fiscal year multiplied by the percentage
increase or decrease in the total funds available for class B and class C roads between the prior
fiscal year and the fiscal year that immediately preceded the prior fiscal year.
(b) The adjustment under Subsection (6)(a) shall be made in the same way as provided
in Subsections (5)(a) and (b).
(7) (a) If a county or municipality does not qualify for a reapportionment under
Subsection (4) in the current fiscal year but previously qualified for a reapportionment under
Subsection (4) on or after July 1, 2017, the county or municipality shall receive an amount
equal to the greater of:
(i) the amount apportioned to the county or municipality for class B and class C roads
in the current fiscal year under Subsection (2); or
(ii) the amount apportioned to the county or municipality for class B and class C roads
in the prior fiscal year.
(b) The adjustment under Subsection (7)(a) shall be made in the same way as provided
in Subsections (5)(a) and (b).
(8) The governing body of any municipality or county may issue bonds redeemable up
to a period of 10 years under Title 11, Chapter 14, Local Government Bonding Act, to pay the
costs of constructing, repairing, and maintaining class B or class C roads and may pledge class
B or class C road funds received pursuant to this section to pay principal, interest, premiums,
and reserves for the bonds.
Section 115. Section 
72-2-121
 is amended to read:
72-2-121.
County of the First Class Highway Projects Fund.
(1) There is created a special revenue fund within the Transportation Fund known as
the "County of the First Class Highway Projects Fund."
(2) The fund consists of money generated from the following revenue sources:
(a) any voluntary contributions received for new construction, major renovations, and
improvements to highways within a county of the first class;
(b) the portion of the sales and use tax described in Subsection 
59-12-2214
(3)(b)
deposited into or transferred to the fund;
(c) the portion of the sales and use tax described in Section 
59-12-2217
 deposited into
or transferred to the fund;
(d) a portion of the local option highway construction and transportation corridor
preservation fee imposed in a county of the first class under Section 
41-1a-1222
 deposited into
or transferred to the fund; and
(e) the portion of the sales and use tax transferred into the fund as described in
Subsections 
59-12-2220
(4)(a) and 
59-12-2220
(11)(b).
(3) (a) The fund shall earn interest.
(b) All interest earned on fund money shall be deposited into the fund.
(4) Subject to Subsection (9), the executive director shall use the fund money only:
(a) to pay debt service and bond issuance costs for bonds issued under Sections
63B-16-102
, 
63B-18-402
, and 
63B-27-102
;
(b) for right-of-way acquisition, new construction, major renovations, and
improvements to highways within a county of the first class and to pay any debt service and
bond issuance costs related to those projects, including improvements to a highway located
within a municipality in a county of the first class where the municipality is located within the
boundaries of more than a single county;
(c) for the construction, acquisition, use, maintenance, or operation of:
(i) an active transportation facility for nonmotorized vehicles;
(ii) multimodal transportation that connects an origin with a destination; or
(iii) a facility that may include a:
(A) pedestrian or nonmotorized vehicle trail;
(B) nonmotorized vehicle storage facility;
(C) pedestrian or vehicle bridge; or
(D) vehicle parking lot or parking structure;
(d) to transfer to the 2010 Salt Lake County Revenue Bond Sinking Fund created by
Section 
72-2-121.3
 the amount required in Subsection 
72-2-121.3
(4)(c) minus the amounts
transferred in accordance with Subsection 
72-2-124
(4)(a)(iv);
(e) for a fiscal year beginning on or after July 1, 2013, to pay debt service and bond
issuance costs for $30,000,000 of the bonds issued under Section 
63B-18-401
 for the projects
described in Subsection 
63B-18-401
(4)(a);
(f) for a fiscal year beginning on or after July 1, 2013, and after the department has
verified that the amount required under Subsection 
72-2-121.3
(4)(c) is available in the fund, to
transfer an amount equal to 50% of the revenue generated by the local option highway
construction and transportation corridor preservation fee imposed under Section 
41-1a-1222
 in
a county of the first class:
(i) to the legislative body of a county of the first class; and
(ii) to be used by a county of the first class for:
(A) highway construction, reconstruction, or maintenance projects; or
(B) the enforcement of state motor vehicle and traffic laws;
(g) for a fiscal year beginning on or after July 1, 2015, after the department has verified
that the amount required under Subsection 
72-2-121.3
(4)(c) is available in the fund and the
transfer under Subsection (4)(e) has been made, to annually transfer an amount of the sales and
use tax revenue imposed in a county of the first class and deposited into the fund in accordance
with Subsection 
59-12-2214
(3)(b) equal to an amount needed to cover the debt to:
(i) the appropriate debt service or sinking fund for the repayment of bonds issued under
Section 
63B-27-102
; and
(ii) the appropriate debt service or sinking fund for the repayment of bonds issued
under Sections 
63B-31-102
 and 
63B-31-103
;
(h) after the department has verified that the amount required under Subsection
72-2-121.3
(4)(c) is available in the fund and after the transfer under Subsection (4)(d), the
payment under Subsection (4)(e), and the transfer under Subsection (4)(g)(i) has been made, to
annually transfer $2,000,000 to a public transit district in a county of the first class to fund a
system for public transit;
(i) for a fiscal year beginning on or after July 1, 2018, after the department has verified
that the amount required under Subsection 
72-2-121.3
(4)(c) is available in the fund and after
the transfer under Subsection (4)(d), the payment under Subsection (4)(e), and the transfer
under Subsection (4)(g)(i) has been made, to annually transfer 20% of the amount deposited
into the fund under Subsection (2)(b):
(i) to the legislative body of a county of the first class; and
(ii) to fund parking facilities in a county of the first class that facilitate significant
economic development and recreation and tourism within the state;
(j) for the 2018-19 fiscal year only, after the department has verified that the amount
required under Subsection 
72-2-121.3
(4)(c) is available in the fund and after the transfer under
Subsection (4)(d), the payment under Subsection (4)(e), and the transfers under Subsections
(4)(g), (h), and (i) have been made, to transfer $12,000,000 to the department to distribute for
the following projects:
(i) $2,000,000 to West Valley City for highway improvement to 4100 South;
(ii) $1,000,000 to Herriman for highway improvements to Herriman Boulevard from
6800 West to 7300 West;
(iii) $1,100,000 to South Jordan for highway improvements to Grandville Avenue;
(iv) $1,800,000 to Riverton for highway improvements to Old Liberty Way from 13400
South to 13200 South;
(v) $1,000,000 to Murray City for highway improvements to 5600 South from State
Street to Van Winkle;
(vi) $1,000,000 to Draper for highway improvements to Lone Peak Parkway from
11400 South to 12300 South;
(vii) $1,000,000 to Sandy City for right-of-way acquisition for Monroe Street;
(viii) $900,000 to South Jordan City for right-of-way acquisition and improvements to
10200 South from 2700 West to 3200 West;
(ix) $1,000,000 to West Jordan for highway improvements to 8600 South near
Mountain View Corridor;
(x) $700,000 to South Jordan right-of-way improvements to 10550 South; and
(xi) $500,000 to Salt Lake County for highway improvements to 2650 South from
7200 West to 8000 West; and
(k) subject to Subsection (5), for a fiscal year beginning on or after July 1, 2021, and
for 15 years thereafter, to annually transfer the following amounts to the following cities[
,
metro townships,
] and the county of the first class for priority projects to mitigate congestion
and improve transportation safety:
(i) $2,000,000 to Sandy;
(ii) $2,000,000 to Taylorsville;
(iii) $1,100,000 to Salt Lake City;
(iv) $1,100,000 to West Jordan;
(v) $1,100,000 to West Valley City;
(vi) $800,000 to Herriman;
(vii) $700,000 to Draper;
(viii) $700,000 to Riverton;
(ix) $700,000 to South Jordan;
(x) $500,000 to Bluffdale;
(xi) $500,000 to Midvale;
(xii) $500,000 to Millcreek;
(xiii) $500,000 to Murray;
(xiv) $400,000 to Cottonwood Heights; and
(xv) $300,000 to Holladay.
(5) (a) If revenue in the fund is insufficient to satisfy all of the transfers described in
Subsection (4)(k), the executive director shall proportionately reduce the amounts transferred
as described in Subsection (4)(k).
(b) A local government entity, as that term is defined in Section 
63J-1-220
, is exempt
from entering into an agreement as described in Section 
63J-1-220
 pertaining to the receipt or
expenditure of any funding described in Subsection (4)(k).
(c) A local government may not use revenue described in Subsection (4)(k) to supplant
existing class B or class C road funds that a local government has budgeted for transportation
projects.
(d) (i) A municipality or county that received a transfer of funds described in
Subsection (4)(j) shall submit to the department a statement of cash flow and progress
pertaining to the municipality's or county's respective project described in Subsection (4)(j).
(ii) After the department is satisfied that the municipality or county described in
Subsection (4)(j) has made substantial progress and the expenditure of funds is programmed
and imminent, the department may transfer to the same municipality or county the respective
amounts described in Subsection (4)(k).
(6) The revenues described in Subsections (2)(b), (c), and (d) that are deposited into the
fund and bond proceeds from bonds issued under Sections 
63B-16-102
, 
63B-18-402
, and
63B-27-102
 are considered a local matching contribution for the purposes described under
Section 
72-2-123
.
(7) The additional administrative costs of the department to administer this fund shall
be paid from money in the fund.
(8) Subject to Subsection (9), and notwithstanding any statutory or other restrictions on
the use or expenditure of the revenue sources deposited into this fund, the Department of
Transportation may use the money in this fund for any of the purposes detailed in Subsection
(4).
(9) Any revenue deposited into the fund as described in Subsection (2)(e) shall be used
to provide funding or loans for public transit projects, operations, and supporting infrastructure
in the county of the first class.
Section 116. Section 
73-10-34
 is amended to read:
73-10-34.
Secondary water metering -- Loans and grants.
(1) As used in this section:
(a) "Agriculture use" means water used on land assessed under Title 59, Chapter 2, Part
5, Farmland Assessment Act.
(b) (i) "Commercial user" means a secondary water user that is a place of business.
(ii) "Commercial user" does not include a multi-family residence, an agricultural user,
or a customer that falls within the industrial or institutional classification.
(c) "Full metering" means that use of secondary water is accurately metered by a meter
that is installed and maintained on every secondary water connection of a secondary water
supplier.
(d) (i) "Industrial user" means a secondary water user that manufactures or produces
materials.
(ii) "Industrial user" includes a manufacturing plant, an oil and gas producer, and a
mining company.
(e) (i) "Institutional user" means a secondary water user that is dedicated to public
service, regardless of ownership.
(ii) "Institutional user" includes a school, church, hospital, park, golf course, and
government facility.
(f) "Power generation use" means water used in the production of energy, such as use
in an electric generation facility, natural gas refinery, or coal processing plant.
(g) (i) "Residential user" means a secondary water user in a residence.
(ii) "Residential user" includes a single-family or multi-family home, apartment,
duplex, twin home, condominium, or planned community.
(h) "Secondary water" means water that is:
(i) not culinary or water used on land assessed under Title 59, Chapter 2, Part 5,
Farmland Assessment Act; and
(ii) delivered to and used by an end user for the irrigation of landscaping or a garden.
(i) "Secondary water connection" means the location at which the water leaves the
secondary water supplier's pipeline and enters into the remainder of the pipes that are owned by
another person to supply water to an end user.
(j) "Secondary water supplier" means an entity that supplies pressurized secondary
water.
(k) "Small secondary water retail supplier" means an entity that:
(i) supplies pressurized secondary water only to the end user of the secondary water;
and
(ii) (A) is a city[
,
] 
or
 town[
, or metro township
]; or
(B) supplies 5,000 or fewer secondary water connections.
(2) (a) (i) A secondary water supplier that supplies secondary water within a county of
the first or second class and begins design work for new service on or after April 1, 2020, to a
commercial, industrial, institutional, or residential user shall meter the use of pressurized
secondary water by the users receiving that new service.
(ii) A secondary water supplier that supplies secondary water within a county of the
third, fourth, fifth, or sixth class and begins design work for new service on or after May 4,
2022, to a commercial, industrial, institutional, or residential user shall meter the use of
pressurized secondary water by the users receiving that new service.
(b) By no later than January 1, 2030, a secondary water supplier shall install and
maintain a meter of the use of pressurized secondary water by each user receiving secondary
water service from the secondary water supplier.
(c) Beginning January 1, 2022, a secondary water supplier shall establish a meter
installation reserve for metering installation and replacement projects.
(d) A secondary water supplier, including a small secondary water retail supplier, may
not raise the rates charged for secondary water:
(i) by more than 10% in a calendar year for costs associated with metering secondary
water unless the rise in rates is necessary because the secondary water supplier experiences a
catastrophic failure or other similar event; or
(ii) unless, before raising the rates on the end user, the entity charging the end user
provides a statement explaining the basis for why the needs of the secondary water supplier
required an increase in rates.
(e) (i) A secondary water supplier that provides pressurized secondary water to a
commercial, industrial, institutional, or residential user shall develop a plan, or if the secondary
water supplier previously filed a similar plan, update the plan for metering the use of the
pressurized water.
(ii) The plan required by this Subsection (2)(e) shall be filed or updated with the
Division of Water Resources by no later than December 31, 2025, and address the process the
secondary water supplier will follow to implement metering, including:
(A) the costs of full metering by the secondary water supplier;
(B) how long it would take the secondary water supplier to complete full metering,
including an anticipated beginning date and completion date, except a secondary water supplier
shall achieve full metering by no later than January 1, 2030; and
(C) how the secondary water supplier will finance metering.
(3) A secondary water supplier shall on or before March 31 of each year, report to the
Division of Water Rights:
(a) for commercial, industrial, institutional, and residential users whose pressurized
secondary water use is metered, the number of acre feet of pressurized secondary water the
secondary water supplier supplied to the commercial, industrial, institutional, and residential
users during the preceding 12-month period;
(b) the number of secondary water meters within the secondary water supplier's service
boundary;
(c) a description of the secondary water supplier's service boundary;
(d) the number of secondary water connections in each of the following categories
through which the secondary water supplier supplies pressurized secondary water:
(i) commercial;
(ii) industrial;
(iii) institutional; and
(iv) residential;
(e) the total volume of water that the secondary water supplier receives from the
secondary water supplier's sources; and
(f) the dates of service during the preceding 12-month period in which the secondary
water supplier supplied pressurized secondary water.
(4) (a) Beginning July 1, 2019, the Board of Water Resources may make up to
$10,000,000 in low-interest loans available each year:
(i) from the Water Resources Conservation and Development Fund, created in Section
73-10-24
; and
(ii) for financing the cost of secondary water metering.
(b) The Division of Water Resources and the Board of Water Resources shall make
rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
establishing the criteria and process for receiving a loan described in this Subsection (4), except
the rules may not include prepayment penalties.
(5) (a) Beginning July 1, 2021, subject to appropriation, the Division of Water
Resources may make matching grants each year for financing the cost of secondary water
metering for a commercial, industrial, institutional, or residential user by a small secondary
water retail supplier that:
(i) is not for new service described in Subsection (2)(a); and
(ii) matches the amount of the grant.
(b) For purposes of issuing grants under this section, the division shall prioritize the
small secondary water retail suppliers that can demonstrate the greatest need or greatest
inability to pay the entire cost of installing secondary water meters.
(c) The amount of a grant under this Subsection (5) may not:
(i) exceed 50% of the small secondary water retail supplier's cost of installing
secondary water meters; or
(ii) supplant federal, state, or local money previously allocated to pay the small
secondary water retail supplier's cost of installing secondary water meters.
(d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
Board of Water Resources shall make rules establishing:
(i) the procedure for applying for a grant under this Subsection (5); and
(ii) how a small secondary water retail supplier can establish that the small secondary
water retail supplier meets the eligibility requirements of this Subsection (5).
(6) Nothing in this section affects a water right holder's obligation to measure and
report water usage as described in Sections 
73-5-4
 and 
73-5-8
.
(7) If a secondary water supplier fails to comply with Subsection (2)(b), the secondary
water supplier:
(a) beginning January 1, 2030, may not receive state money for water related purposes
until the secondary water supplier completes full metering; and
(b) is subject to an enforcement action of the state engineer in accordance with
Subsection (8).
(8) (a) (i) The state engineer shall commence an enforcement action under this
Subsection (8) if the state engineer receives a referral from the director of the Division of
Water Resources.
(ii) The director of the Division of Water Resources shall submit a referral to the state
engineer if the director:
(A) finds that a secondary water supplier fails to fully meter secondary water as
required by this section; and
(B) determines an enforcement action is necessary to conserve or protect a water
resource in the state.
(b) To commence an enforcement action under this Subsection (8), the state engineer
shall issue a notice of violation that includes notice of the administrative fine to which a
secondary water supplier is subject.
(c) The state engineer's issuance and enforcement of a notice of violation is exempt
from Title 63G, Chapter 4, Administrative Procedures Act.
(d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state engineer shall make rules necessary to enforce a notice of violation, that includes:
(i) provisions consistent with this Subsection (8) for enforcement of the notice if a
secondary water supplier to whom a notice is issued fails to respond to the notice or abate the
violation;
(ii) the right to a hearing, upon request by a secondary water supplier against whom the
notice is issued; and
(iii) provisions for timely issuance of a final order after the secondary water supplier to
whom the notice is issued fails to respond to the notice or abate the violation, or after a hearing
held under Subsection (8)(d)(ii).
(e) A person may not intervene in an enforcement action commenced under this
section.
(f) After issuance of a final order under rules made pursuant to Subsection (8)(d), the
state engineer shall serve a copy of the final order on the secondary water supplier against
whom the order is issued by:
(i) personal service under Utah Rules of Civil Procedure, Rule 5; or
(ii) certified mail.
(g) (i) The state engineer's final order may be reviewed by trial de novo by the district
court in Salt Lake County or the county where the violation occurred.
(ii) A secondary water supplier shall file a petition for judicial review of the state
engineer's final order issued under this section within 20 days from the day on which the final
order was served on the secondary water supplier.
(h) The state engineer may bring suit in a court of competent jurisdiction to enforce a
final order issued under this Subsection (8).
(i) If the state engineer prevails in an action brought under Subsection (8)(g) or (h), the
state may recover court costs and a reasonable attorney fee.
(j) As part of a final order issued under this Subsection (8), the state engineer shall
order that a secondary water supplier to whom an order is issued pay an administrative fine
equal to:
(i) $10 for each non-metered secondary water connection of the secondary water
supplier for failure to comply with full metering by January 1, 2030;
(ii) $20 for each non-metered secondary water connection of the secondary water
supplier for failure to comply with full metering by January 1, 2031;
(iii) $30 for each non-metered secondary water connection of the secondary water
supplier for failure to comply with full metering by January 1, 2032;
(iv) $40 for each non-metered secondary water connection of the secondary water
supplier for failure to comply with full metering by January 1, 2033; and
(v) $50 for each non-metered secondary water connection of the secondary water
supplier for failure to comply with full metering by January 1, 2034, and for each subsequent
year the secondary water supplier fails to comply with full metering.
(k) Money collected under this Subsection (8) shall be deposited into the Water
Resources Conservation and Development Fund, created in Section 
73-10-24
.
(9) A secondary water supplier located within a county of the fifth or sixth class is
exempt from Subsections (2)(a), (2)(b), (2)(c), (2)(e), (7), and (8) if:
(a) the owner or operator of the secondary water supplier seeks an exemption under
this Subsection (9) by establishing with the Division of Water Resources that the cost of
purchasing, installing, and upgrading systems to accept meters exceeds 25% of the total
operating budget of the owner or operator of the secondary water supplier;
(b) the secondary water supplier agrees to not add a new secondary water connection to
the secondary water supplier's system on or after May 4, 2022;
(c) within six months of when the secondary water supplier seeks an exemption under
Subsection (9)(a), the secondary water supplier provides to the Division of Water Resources a
plan for conservation within the secondary water supplier's service area that does not require
metering;
(d) the secondary water supplier annually reports to the Division of Water Resources
on the results of the plan described in Subsection (9)(c); and
(e) the secondary water supplier submits to evaluations by the Division of Water
Resources of the effectiveness of the plan described in Subsection (9)(c).
(10) A secondary water supplier is exempt from Subsections (2)(a), (2)(b), (2)(c),
(2)(e), (7), and (8) to the extent that the secondary water supplier:
(a) is unable to obtain a meter that a meter manufacturer will warranty because of the
water quality within a specific location served by the secondary water supplier;
(b) submits reasonable proof to the Division of Water Resources that the secondary
water supplier is unable to obtain a meter as described in Subsection (10)(a);
(c) within six months of when the secondary water supplier submits reasonable proof
under Subsection (10)(b), provides to the Division of Water Resources a plan for conservation
within the secondary water supplier's service area that does not require metering;
(d) annually reports to the Division of Water Resources on the results of the plan
described in Subsection (10)(c); and
(e) submits to evaluations by the Division of Water Resources of the effectiveness of
the plan described in Subsection (10)(c).
(11) A secondary water supplier that is located within a critical management area that
is subject to a groundwater management plan adopted or amended under Section 
73-5-15
 on or
after May 1, 2006, is exempt from Subsections (2)(a), (2)(b), (2)(c), (2)(e), (7), and (8).
(12) If a secondary water supplier is required to have a water conservation plan under
Section 
73-10-32
, that water conservation plan satisfies the requirements of Subsection (9)(c)
or (10)(c).
(13) (a) Notwithstanding the other provisions of this section and unless exempt under
Subsection (9), (10), or (11), to comply with this section, a secondary water supplier is not
required to meter every secondary water connection of the secondary water supplier's system,
but shall meter at strategic points of the system as approved by the state engineer under this
Subsection (13) if:
(i) the system has no storage and relies on stream flow;
(ii) (A) the majority of secondary water users on the system are associated with
agriculture use or power generation use; and
(B) less than 50% of the secondary water is used by residential secondary water users;
or
(iii) the system has:
(A) 1,000 or fewer users; and
(B) a mix of pressurized lines and open ditches.
(b) (i) A secondary water supplier may obtain the approval by the state engineer of
strategic points where metering is to occur as required under this Subsection (13) by filing an
application with the state engineer in the form established by the state engineer.
(ii) The state engineer may by rule, made in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, establish procedures for approving strategic points for
metering under this Subsection (13).
Section 117. Section 
78A-7-202
 is amended to read:
78A-7-202.
Justice court judges to be appointed -- Procedure.
(1) As used in this section:
(a) "Local government executive" means:
(i) for a county:
(A) the chair of the county commission in a county operating under the county
commission or expanded county commission form of county government;
(B) the county executive in a county operating under the county executive-council form
of county government; and
(C) the county manager in a county operating under the council-manager form of
county government; 
and
(ii) for a city or town:
(A) the mayor of the city or town; or
(B) the city manager, in the council-manager form of government described in
Subsection [
10-3b-103
(7); and
] 
10-3b-103
(6).
[
(iii) for a metro township, the chair of the metro township council.
]
(b) "Local legislative body" means:
(i) for a county, the county commission or county council; and
(ii) for a city or town, the council of the city or town.
(2) (a) There is created in each county a county justice court nominating commission to
review applicants and make recommendations to the appointing authority for a justice court
position.
(b) The commission shall be convened when a new justice court judge position is
created or when a vacancy in an existing court occurs for a justice court located within the
county.
(c) Membership of the justice court nominating commission shall be as follows:
(i) one member appointed by:
(A) the county commission if the county has a county commission form of
government; or
(B) the county executive if the county has an executive-council form of government;
(ii) one member appointed by the municipalities in the counties as follows:
(A) if the county has only one municipality, appointment shall be made by the
governing authority of that municipality; or
(B) if the county has more than one municipality, appointment shall be made by a
municipal selection committee composed of the mayors of each municipality [
and the chairs of
each metro township
] in the county;
(iii) one member appointed by the county bar association; and
(iv) two members appointed by the governing authority of the jurisdiction where the
judicial office is located.
(d) (i) If there is no county bar association, the member in Subsection (2)(c)(iii) shall
be appointed by the regional bar association.
(ii) If no regional bar association exists, the state bar association shall make the
appointment.
(e) Members appointed under Subsections (2)(c)(i) and (ii) may not be the appointing
authority or an elected official of a county or municipality.
(f) (i) Except as provided in Subsection (2)(f)(ii), the nominating commission shall
submit at least three names to the appointing authority of the jurisdiction expected to be served
by the judge.
(ii) If there are fewer than three applicants for a justice court vacancy, the nominating
commission shall submit all qualified applicants to the appointing authority of the jurisdiction
expected to be served by the judge.
(iii) The local government executive shall appoint a judge from the list submitted and
the appointment ratified by the local legislative body.
(g) (i) The state court administrator shall provide staff to the commission.
(ii) The Judicial Council shall establish rules and procedures for the conduct of the
commission.
(3) (a) A judicial vacancy for a justice court shall be announced:
(i) as an employment opportunity on the Utah Courts' website;
(ii) in an email to the members of the Utah State Bar; and
(iii) for the justice court's jurisdiction, as a class A notice under Section 
63G-30-102
,
for at least 30 days.
(b) A judicial vacancy for a justice court may also be advertised through other
appropriate means.
(4) Selection of candidates shall be based on compliance with the requirements for
office and competence to serve as a judge.
(5) (a) Once selected, every prospective justice court judge shall attend an orientation
seminar conducted under the direction of the Judicial Council.
(b) Upon completion of the orientation seminar described in Subsection (5)(a), the
Judicial Council shall certify the justice court judge as qualified to hold office.
(6) (a) The selection of a person to fill the office of justice court judge is effective upon
certification of the judge by the Judicial Council.
(b) A justice court judge may not perform judicial duties until certified by the Judicial
Council.
Section 118. Section 
78B-6-2301
 is amended to read:
78B-6-2301.
Definitions.
As used in this part:
(1) "Directive" means an ordinance, regulation, measure, rule, enactment, order, or
policy issued, enacted, or required by a local or state governmental entity.
(2) "Firearm" means the same as that term is defined in Section 
53-5a-102
.
(3) "Legislative firearm preemption" means the preemption provided for in Sections
53-5a-102
 and 
76-10-500
.
(4) "Local or state governmental entity" means:
(a) a department, commission, board, council, agency, institution, officer, corporation,
fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other
administrative unit of the state, including the Utah Board of Higher Education, each institution
of higher education, and the boards of trustees of each higher education institution; or
(b) a county, city, town[
, metro township
], special district, local education agency,
public school, school district, charter school, special service district under Title 17D, Chapter
1, Special Service District Act, an entity created by interlocal cooperation agreement under
Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated
in statute as a political subdivision of the state.
Section 119. 
Repealer.
This bill repeals:
Section 
10-2-301.5
,
Classification of metro townships according to population.
Section 
10-2a-401
,
Title.
Section 
10-2a-402
,
Application.
Section 
10-2a-403
,
Definitions.
Section 
10-2a-404
,
Election -- Notice.
Section 
10-2a-405
,
Duties of county legislative body -- Public hearing -- Notice --
Other election and incorporation issues -- Rural real property excluded.
Section 
10-2a-406
,
Ballot used at metro township incorporation election.
Section 
10-2a-407
,
Ballot used at unincorporated island annexation election.
Section 
10-2a-408
,
Notification to lieutenant governor of incorporation election
results.
Section 
10-2a-409
,
Unincorporated island annexation -- Notice and recording--
Applicable provisions.
Section 
10-2a-410
,
Determination of metro township districts -- Determination of
metro township or city initial officer terms -- Adoption of proposed districts -- Notice.
Section 
10-2a-411
,
Election of officers of new city, town, or metro township.
Section 
10-2a-412
,
Notification to lieutenant governor of election of officers.
Section 
10-2a-413
,
Incorporation under this part subject to other provisions.
Section 
10-2a-414
,
Transition -- Continuity of county process.
Section 
10-3b-501
,
Metro township government powers vested in a five-member
council.
Section 
10-3b-502
,
Governance of metro townships that are not in a municipal
services district.
Section 
10-3b-503
,
Mayor in a metro township included in a municipal services
district.
Section 
10-3b-504
,
Council in a metro township that is included in a municipal
services district.
Section 
10-3c-101
,
Title.
Section 
10-3c-102
,
Definitions.
Section 
10-3c-103
,
Status and powers.
Section 
10-3c-201
,
Title.
Section 
10-3c-202
,
Budget.
Section 
10-3c-203
,
Administrative and operational services -- Staff provided by
county or municipal services district -- Recording of open meetings.
Section 
10-3c-204
,
Taxing authority limited -- Notice.
Section 
10-3c-205
,
Fees.
Section 
52-1-5.1
,
Metro township officers -- Where filed.
Section 120. 
Effective date.
This bill takes effect on May 1, 2024 with the exception of the changes in Sections
10-2-425
 (Effective 07/01/24) and 
53-2d-101
 (Effective 07/01/24), which take effect on July 1,
2024.