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S.B. 179
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USE OF COUNTY NAME RESTRICTED
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: David H. Steele
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AN ACT RELATING TO COUNTIES, SPECIAL DISTRICTS, AND THE STATE SYSTEM OF
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PUBLIC EDUCATION; RESTRICTING THE USE OF A COUNTY NAME IN THE NAME OF
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CERTAIN POLITICAL SUBDIVISIONS OF THE STATE; AND PROVIDING EXCEPTIONS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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53A-2-108, as enacted by Chapter 2, Laws of Utah 1988
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ENACTS:
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17-15-28, Utah Code Annotated 1953
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17A-1-204, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
17-15-28
is enacted to read:
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17-15-28. Use of "county" or county name prohibited -- Legal action to compel
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compliance.
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(1) For purposes of this section:
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(a) (i) "New local entity" means a city, town, school district, special district, local district S
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UNDER TITLE 17B, CHAPTER 2, LOCAL DISTRICTS
s ,
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or other political subdivision of the state created on or after May 1, 2000.
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(ii) "New local entity" does not include a county.
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(b) (i) "Existing local entity" means a special district, local district, or other political
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subdivision of the state created before May 1, 2000.
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(ii) "Existing local entity" does not include a county, city, town, or school district.
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(c)(i) "SPECIAL DISTRICT" MEANS A SPECIAL DISTRICT UNDER TITLE 17A, SPECIAL DISTRICTS,
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THAT:
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(A) BY STATUTE IS A POLITICAL AND CORPORATE ENTITY SEPARATE FROM THE COUNTY
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THAT CREATED IT; AND s
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S (B) BY STATUTE IS NOT SUBJECT TO THE DIRECTION AND CONTROL OF THE COUNTY
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THAT CREATED IT.
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(ii) THE COUNTY LEGISLATIVE BODY'S STATUTORY AUTHORITY TO APPOINT MEMBERS TO
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THE GOVERNING BODY OF A SPECIAL DISTRICT DOES NOT ALONE MAKE THE SPECIAL DISTRICT
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SUBJECT TO THE DIRECTION AND CONTROL OF THAT COUNTY.
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(2) (a) A new local entity may not use the word "county" h [
or the name of an existing
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county
] h
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in its name.
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(b) After January 1, 2005, an existing local entity may not use the word "county" h [
or the
] h
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h [
name of a county
] h in its name h
UNLESS THE COUNTY WHOSE NAME IS USED BY THE
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EXISTING LOCAL ENTITY GIVES ITS WRITTEN CONSENT
h .
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(3) A county with a name similar to the name of a new local entity or existing local entity
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in violation of this section may bring legal action in district court to compel compliance with this
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section.
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Section 2.
Section
17A-1-204
is enacted to read:
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17A-1-204. Name of special district.
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(1) The name of each special district created on or after May 1, 2000 shall comply with
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Subsection
17-15-28
(2)(a).
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(2) The board of each special district affected by Subsection
17-15-28
(2)(b) shall ensure
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that after January 1, 2005 the special district name complies with the requirements of that
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subsection.
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Section 3.
Section
53A-2-108
is amended to read:
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53A-2-108. School districts independent of municipal and county governments --
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Control of property.
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(1) (a) Each school district shall be controlled by its board of education and shall be
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independent of municipal and county governments.
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(b) The name of each school district created after May 1, 2000 shall comply with
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Subsection
17-15-28
(2)(a).
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(2) The local school board shall have direction and control of all school property in the
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district.
Legislative Review Note
as of 12-29-99 8:39 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
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