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[Status][Bill Documents][Fiscal Note][Bills Directory]
S.B. 206
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STATE AND LOCAL AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Robert F. Montgomery
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AN ACT RELATING TO THE MUNICIPAL CODE, COUNTIES, AND STATE AFFAIRS IN
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GENERAL; MODIFYING PROVISIONS RELATING TO POPULATION ESTIMATES;
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MODIFYING PETITION REQUIREMENTS FOR TOWN INCORPORATIONS; REPEALING
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OBSOLETE LANGUAGE RELATING TO CITY WARDS; MODIFYING THE PROCESS FOR
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CHANGING A CITY'S CLASS; PROVIDING A PROCEDURE FOR CHANGING A
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COUNTY'S CLASS; MODIFYING LIEUTENANT GOVERNOR DUTIES AND PROCEDURES
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IN THE PROCESS OF INCORPORATING, DISSOLVING, AND MODIFYING
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MUNICIPALITIES; MODIFYING THE MUNICIPAL INCORPORATION PROCESS; AND
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MAKING TECHNICAL CHANGES.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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10-2-119, as enacted by Chapter 389, Laws of Utah 1997
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10-2-125, as last amended by Chapters 85 and 337, Laws of Utah 1998
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10-2-425, as enacted by Chapter 337, Laws of Utah 1998
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10-2-507, as last amended by Chapter 337, Laws of Utah 1998
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10-2-602, as enacted by Chapter 48, Laws of Utah 1977
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10-2-611, as last amended by Chapter 337, Laws of Utah 1998
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10-2-711, as last amended by Chapter 227, Laws of Utah 1993
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10-2-712, as last amended by Chapter 68, Laws of Utah 1984
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10-17-102, as enacted by Chapter 156, Laws of Utah 1998
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17-42-102, as enacted by Chapter 156, Laws of Utah 1998
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17A-2-1038, as last amended by Chapter 266, Laws of Utah 1997
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26A-1-115, as renumbered and amended by Chapter 269, Laws of Utah 1991
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32A-1-115, as last amended by Chapter 87, Laws of Utah 1999
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35A-2-101, as last amended by Chapter 375, Laws of Utah 1997
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59-12-205, as last amended by Chapter 133, Laws of Utah 1999
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59-12-801, as last amended by Chapter 261, Laws of Utah 1998
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62A-12-209.5, as enacted by Chapter 285, Laws of Utah 1993
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63-38c-202, as enacted by Chapter 275, Laws of Utah 1996
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63-56-36.1, as last amended by Chapter 26, Laws of Utah 1999
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63-63b-101, as enacted by Chapter 312, Laws of Utah 1998
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72-2-108, as last amended by Chapter 281, Laws of Utah 1999
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77-32-501, as renumbered and amended by Chapter 354, Laws of Utah 1997
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77-32-502, as last amended by Chapter 10 and renumbered and amended by Chapter 354,
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Laws of Utah 1997
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ENACTS:
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10-1-117, Utah Code Annotated 1953
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10-1-118, Utah Code Annotated 1953
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17-1a-101, Utah Code Annotated 1953
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17-1a-102, Utah Code Annotated 1953
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REPEALS AND REENACTS:
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10-2-301, as last amended by Chapter 92, Laws of Utah 1987
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10-2-302, as last amended by Chapter 375, Laws of Utah 1997
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REPEALS:
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10-2-201, as enacted by Chapter 48, Laws of Utah 1977
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17-16-13, as last amended by Chapter 226, Laws of Utah 1987
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
10-1-117
is enacted to read:
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10-1-117. Amending articles of incorporation.
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(1) A municipality may amend its articles of incorporation by filing amended articles with
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the lieutenant governor.
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(2) The lieutenant governor may not certify amended articles of incorporation unless they
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have been:
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(a) approved by the municipal legislative body; and
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(b) signed and verified by the mayor of the municipality.
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(3) Within ten days after receiving amended articles of incorporation that comply with
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Subsection (2), the lieutenant governor shall:
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(a) certify the amended articles; and
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(b) deliver a copy of the certified articles to:
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(i) the legislative body of the municipality; and
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(ii) the clerk of the county in which the municipality is located.
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(4) Upon certification by the lieutenant governor, the amended articles shall take effect.
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(5) The lieutenant governor:
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(a) shall furnish a certified copy of the amended articles of incorporation to any person
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who requests a certified copy; and
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(b) may charge a reasonable fee for the certified copy.
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Section 2.
Section
10-1-118
is enacted to read:
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10-1-118. Changing the name of a municipality.
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(1) A municipality may change its name by filing amended articles of incorporation as
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provided in Section
10-1-117
.
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(2) The name change becomes effective upon the lieutenant governor's certification of the
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amended articles as provided in Subsection
10-1-117
(3).
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Section 3.
Section
10-2-119
is amended to read:
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10-2-119. Filing of articles of incorporation -- Certification of articles by lieutenant
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governor.
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(1) [At any time] Within seven days after the canvass of the final election of city officers
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under Section
10-2-116
, the mayor-elect of the new city [may] shall file at least three copies of the
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articles of incorporation with the lieutenant governor.
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(2) The articles of incorporation shall:
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(a) contain the name of the city;
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(b) contain a geographical description of the city;
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(c) contain the city's class according to population as defined in Section
10-2-301
; and
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(d) be signed and verified by the mayor-elect of the city.
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(3) (a) Within ten days of receipt of the articles of incorporation of the new city, the
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lieutenant governor shall:
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(i) certify the articles of incorporation;
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(ii) deliver one copy of the articles of incorporation to the clerk of the county in which the
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new city is located; and
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(iii) return one copy of the articles of incorporation to the mayor-elect of the new city.
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(b) The lieutenant governor shall furnish a certified copy of the articles of incorporation
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to any person on request and may charge a reasonable fee for the copy.
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Section 4.
Section
10-2-125
is amended to read:
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10-2-125. Incorporation of a town.
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(1) (a) A contiguous area of a county not within a municipality, with a population of at
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least 100 but not more than 800, may incorporate as a town as provided in this section.
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(b) (i) The population figure under Subsection (1)(a) shall be derived from the most recent
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official census or census estimate of the United States Bureau of the Census.
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(ii) If the population figure is not available from the United States Bureau of the Census,
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the population figure shall be derived from the estimate from the Utah Population Estimates
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Committee.
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(2) (a) The process to incorporate an area as a town is initiated by filing a petition with the
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clerk of the county in which the area is located.
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(b) Each petition under Subsection (2)(a) shall:
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(i) be signed by the owners of private real property that:
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(A) is located within the area proposed to be incorporated;
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(B) covers a majority of the total private land area within the area; and
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(C) is equal in value to at least 1/3 of the value of all private real property within the area;
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[and]
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(ii) state the legal description of the boundaries of the area proposed to be incorporated as
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a town[.]; and
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(iii) substantially comply with and be circulated in the following form:
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PETITION FOR INCORPORATION OF (insert the proposed name of the proposed town)
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To the Honorable County Legislative Body of (insert the name of the county in which the
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proposed town is located) County, Utah:
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We, the undersigned owners of real property within the area described in this petition,
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respectfully petition the county legislative body to examine the question of whether the area should
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incorporate as a town. Each of the undersigned affirms that each has personally signed this
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petition and is an owner of real property within the described area, and that the current residence
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address of each is correctly written after the signer's name. The area proposed to be incorporated
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as a town is described as follows: (insert an accurate description of the area proposed to be
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incorporated).
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(c) A petition under this section may not describe an area that includes some or all of an
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area proposed for annexation in an annexation petition under Section
10-2-403
that:
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(i) was filed before the filing of the petition; and
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(ii) is still pending on the date the petition is filed.
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(3) Section
10-2-104
applies to a petition for incorporation as a town, except that the
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notice under Subsection
10-2-104
(1) shall be sent within seven calendar days of the filing of a
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petition under Subsection (2).
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(4) (a) A county legislative body may treat a petition filed under Subsection (2) as a
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request for a feasibility study under Section
10-2-103
and process it as a request under that section
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would be processed under this part to determine whether the feasibility study results meet the
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requirements of Subsection
10-2-109
(3).
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(b) If the results of a feasibility study under Subsection (4)(a) do not meet the requirements
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of Subsection
10-2-109
(3), the county legislative body may not approve the incorporation petition.
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(c) If the results of the feasibility study under Subsection (4)(a) meet the requirements of
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Subsection
10-2-109
(3), the county legislative body may approve the incorporation petition, if the
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county legislative body determines that the incorporation is in the best interests of the citizens of
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the county and the proposed town.
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(5) Upon approval of a petition filed under Subsection (2), the legislative body of the
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county in which the proposed town is located shall appoint a mayor and members of the town
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council who shall hold office until the next regular municipal election and until their successors
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are elected and qualified.
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(6) (a) (i) Each mayor appointed under Subsection (5) shall, within seven days of
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appointment, file articles of incorporation of the new town with the lieutenant governor.
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(ii) The articles of incorporation shall meet the requirements of Subsection
10-2-119
(2).
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(b) Within ten days of receipt of the articles of incorporation, the lieutenant governor shall:
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(i) certify the articles of incorporation;
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(ii) return a copy of the articles of incorporation to the appointed mayor; and
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(iii) send a copy of the articles of incorporation to the recorder of the county in which the
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town is located.
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(7) A town is incorporated upon the lieutenant governor's certification of the articles of
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incorporation.
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(8) (a) Within 30 days of incorporation, the legislative body of the new town shall record
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with the recorder of the county in which the new town is located a plat or map, prepared by a
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licensed surveyor and approved by the legislative body, showing the boundaries of the town.
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(b) The legislative body of the new town shall comply with the notice requirements of
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Section
10-1-116
.
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Section 5.
Section
10-2-301
is repealed and reenacted to read:
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10-2-301. Classification of municipalities according to population.
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(1) Each municipality shall be classified according to its population, as provided in this
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section.
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(2) (a) A municipality with a population of 100,000 or more is a city of the first class.
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(b) A municipality with a population of 60,000 or more but less than 100,000 is a city of
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the second class.
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(c) A municipality with a population of 800 or more but less than 60,000 is a city of the
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third class.
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(d) A municipality with a population under 800 is a town.
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Section 6.
Section
10-2-302
is repealed and reenacted to read:
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10-2-302. Change of class.
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(1) Each municipality shall retain its classification under Section
10-2-301
until changed
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as provided in this section.
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(2) (a) The lieutenant governor shall monitor the population figure for each municipality
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as shown on:
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(i) each official census or census estimate of the United States Bureau of the Census; or
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(ii) if the population figure for a municipality is not available from the United States
180
Bureau of the Census, the population estimate from the Utah Population Estimates Committee.
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(3) If the applicable population figure under Subsection (2) indicates that a municipality's
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population has increased beyond the limit for its current class, the lieutenant governor shall:
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(a) prepare a certificate indicating the class in which the municipality belongs based on
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the increased population figure; and
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(b) within ten days after preparing the certificate, deliver a copy of the certificate to the
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legislative body of the municipality whose class has changed.
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(4) A municipality's change in class is effective on the date of the lieutenant governor's
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certificate under Subsection (3).
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Section 7.
Section
10-2-425
is amended to read:
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10-2-425. Filing of plat or map -- Notice requirements.
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(1) Within 30 days after enacting an ordinance annexing an unincorporated area or
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adjusting a boundary under this part, the municipal legislative body shall:
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(a) record with the county recorder a certified copy of the ordinance approving the
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annexation or boundary adjustment, together with a plat or map prepared by a licensed surveyor
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and approved by the municipal legislative body, showing the new boundaries of the affected
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area[.]; and
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(b) file with the lieutenant governor amended articles of incorporation reflecting the
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annexation or boundary adjustment, as provided in Section
10-1-117
.
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(2) The municipal legislative body shall comply with the notice requirements of Section
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10-1-116
.
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Section 8.
Section
10-2-507
is amended to read:
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10-2-507. Decree -- Filing of documents -- Notice requirements.
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(1) Upon entering a disconnection order, the court shall file a certified copy of the order
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and a transparent reproducible copy of the map or plat in the county recorder's office.
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(2) Within 30 calendar days of the court's disconnection order, the municipality shall file
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amended articles of incorporation in the lieutenant governor's, as provided in Section
10-1-117
,
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and county recorder's offices.
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(3) The amended articles of incorporation shall:
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(a) describe the postdisconnection geography of the municipality; and
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(b) specify the postdisconnection population of the municipality.
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(4) Any cost incurred by the municipality in complying with this section may be charged
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against the disconnected territory.
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(5) The legislative body of each municipality that has had territory disconnected shall
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comply with the notice requirements of Section
10-1-116
.
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Section 9.
Section
10-2-602
is amended to read:
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10-2-602. Contents of resolution or petition.
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(1) The resolution of the governing body or the petition of the electors shall include:
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[(1)] (a) a statement fully describing each of the areas to be included within the
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consolidated municipality;
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[(2)] (b) the name of the proposed consolidated municipality; and
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[(3)] (c) the names of the municipalities to be consolidated.
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(2) (a) The resolution or petition shall [have attached a statement from any current official
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census showing] state the population of each of the municipalities within the area of the proposed
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consolidated municipality and the total population of the proposed consolidated municipality.
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(b) (i) The population figure under Subsection (2)(a) shall be derived from the most recent
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official census or census estimate of the United States Bureau of the Census.
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(ii) If the population figure is not available from the United States Bureau of the Census,
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the population figure shall be derived from the estimate from the Utah Population Estimates
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Committee.
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Section 10.
Section
10-2-611
is amended to read:
231
10-2-611. Lieutenant governor certification -- When incorporation complete --
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Disincorporation of original municipalities.
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(1) (a) [On filing] Within ten days after receiving the articles of consolidation [with], the
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lieutenant governor shall:
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(i) certify the articles;
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(ii) deliver one copy of the certified articles to the clerk of the county in which the new
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municipality is located; and
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(iii) return one copy of the certified articles to the legislative body of the new municipality.
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(b) The lieutenant governor:
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(i) shall furnish a certified copy of the articles of consolidation to any person who requests
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a certified copy; and
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(ii) may charge a reasonable fee for the certified copy.
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(2) Upon the lieutenant governor's certification of the articles of consolidation, the
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incorporation of the new municipality shall be complete and the original municipalities involved
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in the consolidation shall be considered to be disincorporated.
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[(2)] (3) The legislative body of the new municipality shall comply with the notice
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requirements of Section
10-1-116
.
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Section 11.
Section
10-2-711
is amended to read:
249
10-2-711. Dissolution by the county legislative body.
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[Any] (1) (a) A municipality having fewer than 50 residents[, according to any official
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federal, state, or county census,] may be dissolved on application to the district court by the county
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legislative body of the county where the municipality is located.
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(b) (i) The population figure under Subsection (1)(a) shall be derived from the most recent
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official census or census estimate of the United States Bureau of the Census.
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(ii) If the population figure is not available from the United States Bureau of the Census,
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the population figure shall be derived from the estimate from the Utah Population Estimates
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Committee.
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(2) Notice of the application shall be served on the municipality in the manner prescribed
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by law or by publication in the manner provided by law if the municipal authorities cannot be
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served.
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(3) The district court may order the municipality dissolved on a finding that the existence
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of the municipality serves no valid municipal purpose, its existence is a sham, or on a clear and
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convincing showing that the best interests of the community would be served by the dissolution.
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(4) If the municipality is dissolved, the district court shall wind down the affairs and
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dissolve the municipality as quickly as possible in the same manner as is provided in Sections
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10-2-705
through
10-2-709
.
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Section 12.
Section
10-2-712
is amended to read:
268
10-2-712. Power of court -- Articles of dissolution -- Lieutenant governor
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certification.
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(1) The district court may:
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(a) enforce compliance with any order issued to give effect to this part by proceedings for
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contempt[. The district court may]; and
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(b) appoint any person to assist it in carrying out the provisions of this part.
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(2) (a) The district court shall cause articles of dissolution to be filed with the lieutenant
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governor on the dissolution of the municipality.
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(b) Within ten days after receiving the articles of dissolution, the lieutenant governor shall:
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(i) certify the articles; and
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(ii) deliver one copy of the certified articles to the clerk of the county in which the
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dissolved municipality was located.
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(c) The lieutenant governor:
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(i) shall furnish a certified copy of the articles of dissolution to any person who requests
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a certified copy; and
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(ii) may charge a reasonable fee for the certified copy.
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(d) Upon the lieutenant governor's certification of the articles of dissolution, the
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municipality is dissolved.
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Section 13.
Section
10-17-102
is amended to read:
287
10-17-102. Definitions.
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As used in this chapter:
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(1) "Animal" means a cat or dog.
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(2) "Animal shelter" means a facility or program:
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(a) providing services for stray, lost, or unwanted animals, including holding and placing
292
the animals for adoption, but does not include an institution conducting research on animals, as
293
defined in Section
26-26-1
; and
294
(b) operated by:
295
(i) a first or second class county as defined in Section [
17-16-13
]
17-1a-101
;
296
(ii) a municipality with a population of 40,000 or greater;
297
(iii) a first or second class county operating the shelter jointly with any municipality; or
298
(iv) a private humane society or private animal welfare organization located within a first
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or second class county or within a municipality with a population of 40,000 or greater.
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(3) "Person" means an individual, an entity, or a representative of an entity.
301
(4) "Proof of sterilization" means a written document signed by a veterinarian licensed
302
under Title 58, Chapter 28, Veterinary Practice Act, stating:
303
(a) a specified animal has been sterilized;
304
(b) the date on which the sterilization was performed; and
305
(c) the location where the sterilization was performed.
306
(5) "Recipient" means the person to whom an animal shelter transfers an animal for
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adoption.
308
(6) "Sterilization deposit" means the portion of a fee charged by an animal shelter to a
309
recipient or claimant of an unsterilized animal to ensure the animal is timely sterilized in
310
accordance with an agreement between the recipient or the claimant and the animal shelter.
311
(7) "Sterilized" means that an animal has been surgically altered, either by the spaying of
312
a female animal or by the neutering of a male animal, so it is unable to reproduce.
313
(8) "Transfer" means that an animal shelter sells, gives away, places for adoption, or
314
transfers an animal to a recipient.
315
Section 14.
Section
17-1a-101
is enacted to read:
316
CHAPTER 1a. CLASSIFICATION
317
17-1a-101. Classification of counties.
318
(1) Each county shall be classified according to its population.
319
(2) (a) A county with a population of 700,000 or more is a county of the first class.
320
(b) A county with a population of 125,000 or more but less than 700,000 is a county of the
321
second class.
322
(c) A county with a population of 18,000 or more but less than 125,000 is a county of the
323
third class.
324
(d) A county with a population of 10,000 or more but less than 18,000 is a county of the
325
fourth class.
326
(e) A county with a population of 3,500 or more but less than 10,000 is a county of the
327
fifth class.
328
(f) A county with a population less than 3,500 is a county of the sixth class.
329
Section 15.
Section
17-1a-102
is enacted to read:
330
17-1a-102. Change of class.
331
(1) Each county shall retain its classification under Section
17-1a-101
until changed as
332
provided in this section.
333
(2) The lieutenant governor shall monitor the population figure for each county as shown
334
on:
335
(a) each official census or census estimate of the United States Bureau of the Census; or
336
(b) if the population figure for a county is not available from the United States Bureau of
337
the Census, the population estimate from the Utah Population Estimates Committee.
338
(3) If the applicable population figure under Subsection (2) indicates that a county's
339
population has increased beyond the limit for its current class, the lieutenant governor shall:
340
(a) prepare a certificate indicating the class in which the county belongs based on the
341
increased population figure; and
342
(b) within ten days after preparing the certificate, deliver a copy of the certificate to the
343
legislative body and, if the county has an executive that is separate from the legislative body, the
344
executive of the county whose class was changed.
345
(4) A county's change in class is effective on the date of the lieutenant governor's
346
certificate under Subsection (3).
347
Section 16.
Section
17-42-102
is amended to read:
348
17-42-102. Definitions.
349
As used in this chapter:
350
(1) "Animal" means a cat or dog.
351
(2) "Animal shelter" means a facility or program:
352
(a) providing services for stray, lost, or unwanted animals, including holding and placing
353
the animals for adoption, but does not include an institution conducting research on animals, as
354
defined in Section
26-26-1
; and
355
(b) operated by:
356
(i) a first or second class county as defined in Section [
17-16-13
]
17-1a-101
;
357
(ii) a municipality with a population of 40,000 or greater;
358
(iii) a first or second class county operating the shelter jointly with any municipality; or
359
(iv) a private humane society or private animal welfare organization located within a first
360
or second class county or within a municipality with a population of 40,000 or greater.
361
(3) "Person" means an individual, an entity, or a representative of an entity.
362
(4) "Proof of sterilization" means a written document signed by a veterinarian licensed
363
under Title 58, Chapter 28, Veterinary Practice Act, stating:
364
(a) a specified animal has been sterilized;
365
(b) the date on which the sterilization was performed; and
366
(c) the location where the sterilization was performed.
367
(5) "Recipient" means the person to whom an animal shelter transfers an animal for
368
adoption.
369
(6) "Sterilization deposit" means the portion of a fee charged by an animal shelter to a
370
recipient or claimant of an unsterilized animal to ensure the animal is timely sterilized in
371
accordance with an agreement between the recipient or the claimant and the animal shelter.
372
(7) "Sterilized" means that an animal has been surgically altered either by the spaying of
373
a female animal or by the neutering of a male animal, so it is unable to reproduce.
374
(8) "Transfer" means that an animal shelter sells, gives away, places for adoption, or
375
transfers an animal to a recipient.
376
Section 17.
Section
17A-2-1038
is amended to read:
377
17A-2-1038. Board of directors -- Appointment -- Apportionment -- Qualifications
378
-- Quorum -- Compensation -- Terms.
379
(1) (a) All powers, privileges, and duties vested in any incorporated district shall be
380
performed by a board of directors.
381
(b) The board may delegate the exercise of any duty to any of the offices created under this
382
part.
383
(2) If 200,000 people or less reside within the district boundaries:
384
(a) the board of directors shall consist of directors appointed by the legislative bodies of
385
each municipality, county, or unincorporated area within any county on the basis of one director
386
for each full unit of regularly scheduled passenger routes proposed to be served by the district in
387
each municipality or unincorporated area within any county in the following calendar year;
388
(b) the number of service miles comprising a unit shall be determined jointly by the
389
legislative bodies of the municipalities or counties comprising the district;
390
(c) directors shall be appointed and added to the board or omitted from the board at the
391
time scheduled routes are changed, or as municipalities, counties, or unincorporated areas of
392
counties annex to or withdraw from the district using the same appointment procedures; and
393
(d) municipalities, counties, and unincorporated areas of counties in which regularly
394
scheduled passenger routes proposed to be served by the district in the following calendar year is
395
less than a full unit, as defined in Subsection (2)(a), may combine with any other similarly situated
396
municipality or unincorporated area to form a whole unit and may appoint one director for each
397
whole unit formed.
398
(3) If more than 200,000 people reside within the district boundaries, the board of directors
399
shall consist of 15 directors appointed as described under Subsections (4) and (5).
400
(4) (a) Except as provided under Subsections (4)(b) and (c), the board shall apportion
401
members to each county within the district based on:
402
(i) From the effective date of this act until the apportionment following the year 2000
403
decennial United States Census Bureau report, the proportion of population included in the district
404
and residing within each county, rounded to the nearest 1/15 of the total transit district population;
405
and
406
(ii) Beginning with the first apportionment following the year 2000 decennial United
407
States Census Bureau report, an average of:
408
(A) the proportion of population included in the district and residing within each county,
409
rounded to the nearest 1/15 of the total transit district population; and
410
(B) the proportion of transit sales and use tax collected from areas included in the district
411
and within each county, rounded to the nearest 1/15 of the total transit sales and use tax collected
412
for the transit district.
413
(b) The board shall join an entire or partial county not apportioned a member under this
414
subsection with an adjacent county for representation. The combined apportionment basis
415
included in the district of both counties shall be used for the apportionment.
416
(c) If rounding to the nearest 1/15 of the total transit district apportionment basis under
417
Subsection (4)(a) results in an apportionment of:
418
(i) more than 15 members, the county or combination of counties with the smallest
419
additional fraction of a whole member proportion shall have one less member apportioned to it;
420
or
421
(ii) less than 15 members, the county or combination of counties with the largest additional
422
fraction of a whole member proportion shall have one more member apportioned to it.
423
(5) (a) If the unincorporated area of a county is at least 1/15 of the district's population, the
424
county executive, with the advice and consent of the county legislative body, shall appoint one
425
director to represent each 1/15 of the district's population within a county's unincorporated area
426
population.
427
(b) If a municipality's population is at least 1/15 of the district's population, the chief
428
municipal executive, with the advice and consent of the municipal legislative body, shall appoint
429
one director to represent each 1/15 of the district's population within a municipality.
430
(c) The number of directors appointed from a county and municipalities within a county
431
under Subsections (5)(a) and (b) shall be subtracted from the county's total member apportionment
432
under Subsection (4).
433
(d) If the entire county is within the district, the remaining directors for the county shall
434
represent the county or combination of counties if Subsection (4)(b) applies, or the municipalities
435
within the county.
436
(e) If the entire county is not within the district, and the county is not joined with another
437
county under Subsection (4)(b), the remaining directors for the county shall represent a
438
municipality or combination of municipalities.
439
(f) Except as provided under Subsection (5)(a) and (b), directors representing counties,
440
combinations of counties if Subsection (4)(b) applies, or municipalities within the county shall be
441
designated and appointed by a simple majority of the chief executives of the municipalities within
442
the county or combinations of counties if Subsection (4)(b) applies. The appointments shall be
443
made by joint written agreement of the appointing municipalities, with the consent and approval
444
of the county legislative body of the county that has at least 1/15 of the district's apportionment
445
basis.
446
(g) Directors representing a municipality or combination of municipalities shall be
447
designated and appointed by the chief executive officer of the municipality or simple majority of
448
chief executive officers of municipalities with the consent of the legislative body of the
449
municipality or municipalities.
450
(h) The appointment of directors shall be made without regard to partisan political
451
affiliation from among citizens in the community.
452
(i) Each director shall be a bona fide resident of the municipality, county, or
453
unincorporated area or areas which the director is to represent for at least six months before the
454
date of appointment, and must continue in that residency to remain qualified to serve as a director.
455
(j) (i) Each director whose term has not expired and is serving on the effective date of this
456
act shall continue to serve as a director until the expiration of the term for which the director was
457
appointed, subject to the term limitations under which the director was initially appointed.
458
(ii) Beginning on the effective date of this act, any vacancy for which the successor has
459
not taken the oath of office shall be filled in the following order:
460
(A) by a municipality eligible to make an appointment under Subsection (5)(b);
461
(B) by a county eligible to make an appointment for its unincorporated area under
462
Subsection (5)(a); and
463
(C) as otherwise provided under this section.
464
(k) (i) All population figures used under this section shall be derived from the most recent
465
official census or census estimate of the United States Bureau of the Census.
466
(ii) If population estimates are not [made for any county, city, or town by] available from
467
the United States Bureau of Census, population figures shall be [determined according to] derived
468
from the [biennial] estimate from the Utah Population Estimates Committee.
469
(iii) All transit sales and use tax totals shall be obtained from the Tax Commission.
470
(l) After the initial apportionment immediately following the effective date of this act, the
471
board shall be apportioned as provided under this section in conjunction with the decennial United
472
States Census Bureau report every ten years.
473
(6) (a) Except the initial directors, the terms of office of the directors shall be three years
474
or until their successors are appointed, qualified, seated, and have taken the oath of office.
475
(b) At the first meeting of the initial directors, the directors shall designate by the drawing
476
of lots 1/3 of their number to serve for one-year terms, 1/3 for two-year terms, and 1/3 for
477
three-year terms.
478
(c) A director may not be appointed for more than two successive full terms.
479
(7) (a) Vacancies shall be filled by the official appointing the member creating the vacancy
480
for the unexpired term, unless the official fails to fill the vacancy within 90 days.
481
(b) If the appointing official under Subsection (2) does not fill the vacancy within 90 days,
482
the board of directors of the authority shall fill the vacancy.
483
(c) If the appointing official under Subsection (5) does not fill the vacancy within 90 days,
484
the governor, with the advice and consent of the Senate, shall fill the vacancy.
485
(8) (a) Each director may cast one vote on all questions, orders, resolutions, and ordinances
486
coming before the board of directors.
487
(b) A majority of all members of the board of directors are a quorum for the transaction
488
of business.
489
(c) The affirmative vote of a majority of all directors present at any meeting at which a
490
quorum was initially present shall be necessary and, except as otherwise provided, is sufficient to
491
carry any order, resolution, ordinance, or proposition before the board of directors.
492
(9) The district shall pay to each director:
493
(a) an attendance fee of $50 per board or committee meeting attended, not to exceed $200
494
in any calendar month to any director; and
495
(b) reasonable mileage and expenses necessarily incurred to attend board or committee
496
meetings.
497
(10) (a) Members of the initial board of directors shall convene at the time and place fixed
498
by the chief executive officer of the entity initiating the proceedings.
499
(b) Immediately upon convening, the board of directors shall elect from its membership
500
a president, vice president, and secretary who shall serve for a period of two years or until their
501
successors shall be elected and qualified.
502
(11) (a) At the time of a director's appointment or during a director's tenure in office, a
503
director may not:
504
(i) hold any elected public office with the United States, the state, or any political
505
subdivision of either; or
506
(ii) any employment, except as an independent contractor, with a county or municipality
507
within the district.
508
(b) Each director shall:
509
(i) take an oath of office before entering the office; and
510
(ii) file a copy of the oath with the lieutenant governor and the secretary of the district.
511
Section 18.
Section
26A-1-115
is amended to read:
512
26A-1-115. Apportionment of costs -- Contracts to provide services -- Percentage
513
match of state funds -- Audit.
514
(1) (a) The cost of establishing and maintaining a local health department may be
515
apportioned among the participating municipalities and counties on the basis of population in
516
proportion to the total population of all municipalities and counties within the boundaries of the
517
local health department, or upon other bases agreeable to the participating counties and
518
municipalities. Money available from fees, contracts, surpluses, grants, and donations may also
519
be used to establish and maintain local health departments.
520
(b) As used in this Subsection (1), "population" means population estimates prepared by
521
the [Office of Planning and Budget] Utah Population Estimates Committee.
522
(2) The cost of providing, equipping, and maintaining suitable offices and facilities for a
523
local health department is the responsibility of participating governing bodies.
524
(3) Local health departments that comply with all department rules and secure advance
525
approval of proposed service boundaries from the department may by contract receive funds under
526
Section
26A-1-116
from the department to provide specified public health services.
527
(4) Contract funds distributed under Subsection (3) shall be in accordance with Section
528
26A-1-116
and policies and procedures adopted by the department.
529
(5) Department rules shall require that contract funds be used for public health services
530
and not replace other funds used for local public health services.
531
(6) All state funds distributed by contract from the department to local health departments
532
for public health services shall be matched by those local health departments at a percentage
533
determined by the department in consultation with local health departments.
534
(7) (a) Each local health department shall cause an annual financial and compliance audit
535
to be made of its operations by a certified public accountant. The audit may be conducted as part
536
of an annual county government audit of the county where the local health department
537
headquarters are located.
538
(b) The local health department shall provide a copy of the audit report to the department
539
and the local governing bodies that contribute funds to the local health department.
540
Section 19.
Section
32A-1-115
is amended to read:
541
32A-1-115. Appropriation from the General Fund to municipalities and counties for
542
law enforcement and treatment -- Distribution to municipalities and counties.
543
(1) (a) The Legislature shall annually appropriate to municipalities and counties an amount
544
not to exceed $4,350,000 from the revenues in the General Fund generated by:
545
(i) liquor control profits; and
546
(ii) proceeds of the beer excise tax deposited in the General Fund in accordance with
547
Section
59-15-109
.
548
(b) (i) The appropriation under Subsection (1)(a) shall be used exclusively for programs
549
or projects related to prevention, treatment, detection, prosecution, and control of violations of this
550
title and other offenses in which alcohol is a contributing factor except as provided in Subsection
551
(1)(b)(ii).
552
(ii) The portion distributed under this section to counties may also be used for the
553
confinement or treatment of persons arrested for or convicted of offenses in which alcohol is a
554
contributing factor.
555
(iii) Any municipality or county entitled to receive funds shall use the funds exclusively
556
as required by this Subsection (1)(b).
557
(c) The appropriation provided for under Subsection (1)(a) is intended to supplement the
558
budget of the appropriate agencies of each municipality and county within the state to enable the
559
municipalities and counties to more effectively fund the programs and projects described under
560
Subsection (1)(b). The appropriation is not intended to replace funds that would otherwise be
561
allocated for those programs and projects.
562
(2) The appropriation provided for in Subsection (1)(a) shall be distributed to
563
municipalities and counties on the following basis:
564
(a) 25% to municipalities and counties based upon the percentage of the state population
565
residing in each municipality and county;
566
(b) 30% to municipalities and counties based upon each municipality and county's
567
percentage of the statewide convictions for all alcohol-related offenses;
568
(c) 20% to municipalities and counties based upon the percentage of all state stores,
569
package agencies, liquor licensees, and beer licensees in the state which are located in each
570
municipality and county; and
571
(d) 25% to the counties for confinement and treatment purposes authorized in this section
572
based upon the percentage of the state population located in each county.
573
(3) To determine the amount of the 30% due each municipality and county based on
574
convictions described in Subsection (2)(b), the State Tax Commission semiannually shall:
575
(a) double the total number of convictions in the state obtained between July 1, 1982, and
576
June 30, 1983, and during the same period in succeeding years for violation of Section
41-6-44
,
577
or an ordinance that complies with the requirements of Subsection
41-6-43
(1) or Section
76-5-207
,
578
and to that number, add the number of convictions obtained during the same period for all other
579
alcohol-related offenses;
580
(b) divide the figure equal to the 30% due each municipality and county by the sum
581
obtained in Subsection (3)(a), to obtain the quotient for alcohol-related offenses statewide; and
582
(c) multiply the quotient obtained in Subsection (3)(b), by the number of convictions
583
obtained in each municipality and county between July 1, 1982 and June 30, 1983, and for the
584
same period in succeeding years, for violation of Section
41-6-44
, or an ordinance that complies
585
with the requirements of Subsection
41-6-43
(1) or Section
76-5-207
, and for all other
586
alcohol-related offenses to determine the total revenue due each entity, based on convictions. The
587
number of convictions for purposes of this Subsection (3) shall be determined in the manner
588
prescribed in Subsection (3)(a).
589
(4) For purposes of this section, the number of state stores, package agencies, and licensees
590
located within the limits of each municipality and county is the number determined by the
591
department to be so located, and includes all private clubs, restaurants, airport lounges, package
592
agencies, and state stores, but not on-premise beer retailer licensees. For purposes of this section,
593
the number of state stores, package agencies, and licensees in a county consists only of that number
594
located within unincorporated areas of the county.
595
(5) (a) Population figures, for the purposes of this section, shall be determined according
596
to the most current population estimates prepared by the [Office of Planning and Budget] Utah
597
Population Estimates Committee.
598
(b) A county's population figure for the 25% distribution to municipalities and counties
599
shall be determined only with reference to the population in the unincorporated areas of the county,
600
and a county's population figure for the 25% distribution to counties only shall be determined with
601
reference to the total population in the county, including that of municipalities.
602
(6) (a) For purposes of this section, a conviction occurs in the municipality or county that
603
actually prosecutes the offense to judgment. In the case of a conviction based upon a guilty plea,
604
the municipality or county that, except for the guilty plea, would have prosecuted the offense is
605
entitled to credit for the conviction.
606
(b) For purposes of this section, "alcohol-related offense" means a violation of Section
607
41-6-44
, or an ordinance that complies with the requirements of Subsection
41-6-43
(1) or Section
608
76-5-207
, or an offense involving the illegal sale, distribution, transportation, possession, or
609
consumption of alcohol.
610
(7) Except as provided in Subsection (9), payments under this section shall be made
611
semiannually to each municipality and county.
612
(8) (a) The state court administrator, not later than September 1 each year, shall certify to
613
the State Tax Commission the number of convictions obtained for violation of Section
41-6-44
,
614
an ordinance that complies with the requirements of Subsection
41-6-43
(1), or Section
76-5-207
,
615
and for other alcohol-related offenses in each municipality or county in the state during the period
616
specified in Subsection (3)(a), and for the same period each succeeding year.
617
(b) The State Tax Commission shall prepare forms for use by municipalities and counties
618
in applying for revenues. The forms may require the submission of information the State Tax
619
Commission considers necessary to enable it to comply with this section.
620
(9) A municipality or county that receives any monies under this section during a fiscal
621
year shall report to the Utah Substance Abuse and Anti-Violence Coordinating Council created in
622
Section
63-25a-201
by no later than October 1 following the fiscal year:
623
(a) the programs or projects of the municipality or county that receive monies under this
624
section;
625
(b) if the monies for programs or projects were exclusively used as required by Subsection
626
(1)(b);
627
(c) indicators of whether the programs or projects that receive monies under this section
628
are effective;
629
(d) if any monies received under this section were not expended by the municipality or
630
county; and
631
(e) a signature of the chief executive officer of the county or municipality attesting that the
632
monies received under this section were used in addition to any monies appropriated or otherwise
633
available for the local government's law enforcement and were not used to supplant those monies.
634
(10) (a) The Utah Substance Abuse and Anti-Violence Coordinating Council may, by a
635
majority vote:
636
(i) suspend future payments under Subsection (7) to a municipality or county that does not
637
file a report that meets the requirements of Subsection (9); and
638
(ii) cancel the suspension under Subsection (10)(a)(i).
639
(b) The State Tax Commission shall retain monies that a municipality or county does not
640
receive under Subsection (10)(a) and notify the Utah Substance Abuse and Anti-Violence
641
Coordinating Council of the balance after each semiannual payment under Subsection (7).
642
(c) The Utah Substance Abuse and Anti-Violence Coordinating Council shall award the
643
balance under Subsection (10)(b) as grants to any county or municipality or to the Department of
644
Public Safety, as prioritized by a majority vote.
645
(d) The Utah Substance Abuse and Anti-Violence Coordinating Council shall notify the
646
State Tax Commission of any changes under Subsection (10)(a) or grants awarded under
647
Subsection (10)(c).
648
(e) The State Tax Commission shall make payments of grants upon receiving notice as
649
provided under Subsection (10)(d).
650
Section 20.
Section
35A-2-101
is amended to read:
651
35A-2-101. Regional workforce services areas -- Creation.
652
(1) (a) The executive director jointly with the Utah Association of Counties shall establish
653
regional workforce services areas to furnish the services described in Section
35A-2-201
.
654
(b) In establishing regional workforce services areas, the executive director and the Utah
655
Association of Counties shall seek input from:
656
(i) state and local government agencies and departments;
657
(ii) the groups representing public employees;
658
(iii) employers, business, education, and other entities affected by the structure of the
659
regional workforce services areas; and
660
(iv) the public.
661
(2) In establishing the regional workforce services areas, the executive director and the
662
Utah Association of Counties shall consider:
663
(a) areas comprised of multiple counties;
664
(b) the alignment of transportation and other infrastructure or services;
665
(c) the interdependence of the economy within a geographic area;
666
(d) the ability to develop regional marketing and economic development programs;
667
(e) the labor market areas;
668
(f) the population of the area, as established in the most recent estimate by the Utah
669
Population Estimates Committee;
670
(g) the number of individuals in the previous year receiving:
671
(i) services under Chapter 3, Employment Support Act; and
672
(ii) benefits under Chapter 4, Employment Security Act; and
673
(h) other factors that relate to the management of the programs administered or that relate
674
to the delivery of services provided under this title.
675
Section 21.
Section
59-12-205
is amended to read:
676
59-12-205. Ordinances to conform with statutory amendments -- Distribution of tax
677
revenues.
678
(1) Each county, city, and town, in order to maintain in effect sales and use tax ordinances
679
pursuant to this part, shall, within 30 days of any amendment of any applicable provisions of Part
680
1, Tax Collection, adopt amendments of their respective sales and use tax ordinances to conform
681
with the amendments to Part 1, Tax Collection, insofar as they relate to sales and use taxes.
682
(2) Any county, city, or town may distribute its sales or use tax revenues by means other
683
than point of sale or use by notifying the commission in writing of such decision, no later than 30
684
days before commencement of the next tax accrual period. After such notice is given, a county,
685
city, or town may increase the tax authorized by this part to a total of 1% from and after January
686
1, 1990, of the purchase price paid or charged, excluding a public transit sales and use tax as
687
provided in Section
59-12-501
and a resort communities sales tax as provided in Section
688
59-12-401
. This tax shall be collected and distributed as follows:
689
(a) from July 1, 1992, through June 30, 1993, 45% of each dollar collected from the sales
690
and use tax authorized by this part shall be paid to each county, city, and town providing notice
691
under this section, based upon the percentage that the population of the county, city, or town bears
692
to the total population of all such entities providing notice under this section, and 55% based upon
693
the point of sale or use of the transaction; and
694
(b) from and after July 1, 1993, 50% of each dollar collected from the sales and use tax
695
authorized by this part shall be paid to each county, city, and town providing notice under this
696
section, based upon the percentage that the population of the county, city, or town bears to the total
697
population of all such entities providing notice under this section, and 50% based upon the point
698
of sale or use of the transaction.
699
(3) Notwithstanding any provision of Subsection (2), a county, city, or town that has given
700
notice under this section may not receive a tax revenue distribution less than 3/4 of 1% of the
701
taxable sales within its boundaries. The commission shall proportionally reduce quarterly
702
distributions to any county, city, or town, which, but for the reduction, would receive a distribution
703
in excess of 1% beginning January 1, 1990, of the sales and use tax revenue collected within its
704
boundaries.
705
(4) (a) Notwithstanding any other provision of this section, from January 1, 1990, through
706
June 30, 1999, the commission shall determine and retain the amount of revenue generated by a
707
1/64% tax rate and deposit it in the Olympics Special Revenue Fund or funds provided for in
708
Subsection
59-12-103
(4) for the purposes of the Utah Sports Authority described in Title 63A,
709
Chapter 7, Utah Sports Authority Act.
710
(b) Except for sales and use taxes deposited under Subsection (4)(c), beginning on July 1,
711
1999, the amount of revenue generated by the 1/64% tax rate under Subsection (4)(a) shall be
712
distributed to each county, city, and town as provided in this section.
713
(c) Notwithstanding any other provision of this section, beginning on July 1, 1999, the
714
commission shall:
715
(i) determine and retain the portion of the sales and use tax imposed under this section:
716
(A) by a city or town that will have constructed within its boundaries the Airport to
717
University of Utah Light Rail described in the Transportation Equity Act for the 21st Century, Pub.
718
L. No. 105-178, Sec. 3030(c)(2)(B)(i)(II), 112 Stat. 107; and
719
(B) that is equal to the revenues generated by a 1/64% tax rate; and
720
(ii) deposit the revenues described in Subsection (4)(c)(i) in the Airport to University of
721
Utah Light Rail Restricted Account created in Section
17A-2-1064
for the purposes described in
722
Section
17A-2-1064
.
723
(5) (a) Population figures for purposes of this section shall be [based on] derived from the
724
most recent official census or census estimate of the United States Bureau of the Census.
725
(b) If a needed population [estimates are not made for any county, city, or town by]
726
estimate is not available from the United States Bureau of Census, population figures shall be
727
[determined according to] derived from the [biennial] estimate from the Utah Population Estimates
728
Committee.
729
(6) The population of a county for purposes of this section shall be determined solely from
730
the unincorporated area of the county.
731
Section 22.
Section
59-12-801
is amended to read:
732
59-12-801. Definitions.
733
As used in this part:
734
(1) "Nursing care facility" is as defined in Section
26-21-2
.
735
(2) "Rural county health care facility" means a rural county hospital or a rural county
736
nursing care facility.
737
(3) "Rural county hospital" means a hospital owned by a third, fourth, fifth, or sixth class
738
county, as defined in Section [
17-16-13
]
17-1a-101
, which is located outside of a standard
739
metropolitan statistical area, as designated by the United States Bureau of the Census.
740
(4) "Rural county nursing care facility" means a nursing care facility owned by a third,
741
fourth, fifth, or sixth class county, as defined in Section [
17-16-13
]
17-1a-101
, which is located
742
outside of a standard metropolitan statistical area, as designated by the United States Bureau of the
743
Census.
744
Section 23.
Section
62A-12-209.5
is amended to read:
745
62A-12-209.5. Allocation of state hospital beds -- Formula.
746
(1) As used in this section:
747
(a) "Adult beds" means the total number of patient beds located in the adult general
748
psychiatric unit and the geriatric unit at the state hospital, as determined by the superintendent of
749
the state hospital.
750
(b) "Mental health catchment area" means a county or group of counties governed by a
751
local mental health authority.
752
(2) The board shall establish by rule a formula to separately allocate to local mental health
753
authorities adult beds for persons who meet the requirements of Subsection
62A-12-209
(2)(a). On
754
July 1, 1993, two hundred twelve beds shall be allocated to local mental health authorities under
755
this section. That number shall be reviewed and adjusted as necessary every three years according
756
to the state's population. All population figures utilized shall reflect the most recent available
757
population estimates from the [governor's Office of Planning and Budget] Utah Population
758
Estimates Committee.
759
(3) The formula established under Subsection (2) becomes effective on July 1, 1993, and
760
shall provide for allocation of beds based on:
761
(a) the percentage of the state's adult population located within a mental health catchment
762
area; and
763
(b) a differential to compensate for the additional demand for hospital beds in mental
764
health catchment areas that are located in urban areas.
765
(4) A local mental health authority may sell or loan its allocation of beds to another local
766
mental health authority.
767
(5) The division shall allocate 212 adult beds at the state hospital to local mental health
768
authorities for their use in accordance with the formula established under this section. If a local
769
mental health authority is unable to access a bed allocated to it under that formula, the division
770
shall provide that local mental health authority with funding equal to the reasonable, average daily
771
cost of an acute care bed purchased by the local mental health authority.
772
(6) The board shall periodically review and make changes in the formula established under
773
Subsection (2) as necessary to accurately reflect changes in population.
774
Section 24.
Section
63-38c-202
is amended to read:
775
63-38c-202. Computing formula elements.
776
(1) For purposes of computing the most recent fiscal year's personal income, the Office
777
of Planning and Budget shall use the quarterly data produced by the Bureau of Economic Analysis,
778
U.S. Department of Commerce.
779
(2) For purposes of calculating fiscal year inflation indexes and fiscal year personal income
780
for the previous fiscal year, the Office of Planning and Budget shall use:
781
(a) the actual quarterly data released by the U.S. Department of Commerce as of January
782
31 of each year; and
783
(b) the most recent U.S. Bureau of Census population estimates as of January 31 of each
784
year.
785
(3) (a) For purposes of computing the inflation index, the Office of Planning and Budget
786
shall:
787
(i) assign the bureau's 1982 calendar year inflation index value of 100 to fiscal year 1989
788
for purposes of computing fiscal year index values;
789
(ii) compute all subsequent fiscal year inflation indexes after having assigned the fiscal
790
year 1989 inflation index a value of 100; and
791
(iii) use the quarterly index values published by the Bureau of Economic Analysis, U.S.
792
Department of Commerce, to compute fiscal year index values.
793
(b) If the bureau changes its calendar base year, appropriate adjustments are to be made
794
in this chapter to accommodate those changes.
795
(4) (a) For purposes of computing the most recent fiscal year's population, the Office of
796
Planning and Budget shall convert the April 1 decennial census estimate to a July 1 estimate,
797
unless otherwise estimated by the Bureau of Census.
798
(b) If the bureau changes the state's July 1, 1983 base year population after it conducts the
799
1990 Census, appropriate adjustments shall be made in this chapter to accommodate those
800
changes.
801
Section 25.
Section
63-56-36.1
is amended to read:
802
63-56-36.1. Procurement of design-build transportation project contracts.
803
(1) As used in this section:
804
(a) "Design-build transportation project contract" means the procurement of both the
805
design and construction of a transportation project in a single contract with a company or
806
combination of companies capable of providing the necessary engineering services and
807
construction.
808
(b) "Transportation agency" means:
809
(i) the Department of Transportation;
810
(ii) a county of the first or second class, as defined in Section [
17-16-13
]
17-1a-101
;
811
(iii) a municipality of the first class, as defined in Section
10-2-301
;
812
(iv) a public transit district that has more than 200,000 people residing within its
813
boundaries; and
814
(v) a public airport authority, as created under Title 17A, Chapter 2, Part 15, Airport
815
Authorities.
816
(2) Except as provided in Subsection (3), a transportation agency may award a design-build
817
transportation project contract for any transportation project that has an estimated cost of at least
818
$50,000,000 by following the requirements of this section.
819
(3) The Department of Transportation may:
820
(a) award a design-build transportation project contract for any transportation project by
821
following the requirements of this section; and
822
(b) make rules, by following the procedures and requirements of Title 63, Chapter 46a,
823
Utah Administrative Rulemaking Act, establishing requirements for the procurement of its
824
design-build transportation project contracts in addition to those required by this section.
825
(4) (a) Before entering a design-build transportation project contract, a transportation
826
agency may issue a request for qualifications to prequalify potential contractors.
827
(b) Public notice of the request for qualifications shall be given in accordance with policy
828
board rules.
829
(c) A transportation agency shall require, as part of the qualifications specified in the
830
request for qualifications, that potential contractors at least demonstrate their:
831
(i) construction experience;
832
(ii) design experience;
833
(iii) financial, manpower, and equipment resources available for the project; and
834
(iv) experience in other design-build transportation projects with attributes similar to the
835
project being procured.
836
(d) The request for qualifications shall identify the number of eligible competing proposers
837
that the transportation agency will select to submit a proposal, which must be at least two.
838
(5) (a) The transportation agency shall:
839
(i) evaluate the responses received from the request for qualifications;
840
(ii) select from their number those qualified to submit proposals; and
841
(iii) invite those respondents to submit proposals based upon the transportation agency's
842
request for proposals.
843
(b) If the transportation agency fails to receive at least two qualified eligible competing
844
proposers, the transportation agency shall readvertise the project.
845
(6) The transportation agency shall issue a request for proposals to those qualified
846
respondents that:
847
(a) includes a scope of work statement constituting an information for proposal that may
848
include:
849
(i) preliminary design concepts;
850
(ii) design criteria, needs, and objectives;
851
(iii) warranty and quality control requirements;
852
(iv) applicable standards;
853
(v) environmental documents;
854
(vi) constraints;
855
(vii) time expectations or limitations;
856
(viii) incentives or disincentives; and
857
(ix) other special considerations;
858
(b) requires submitters to provide:
859
(i) a sealed cost proposal;
860
(ii) a critical path matrix schedule, including cash flow requirements;
861
(iii) proposal security; and
862
(iv) other items required by the department for the project; and
863
(c) may include award of a stipulated fee to be paid to submitters who submit unsuccessful
864
proposals.
865
(7) The transportation agency shall:
866
(a) evaluate the submissions received in response to the request for proposals from the
867
prequalified proposers;
868
(b) comply with rules relating to discussion of proposals, best and final offers, and
869
evaluations of the proposals submitted; and
870
(c) after considering price and other identified factors, award the contract to the
871
responsible proposer whose proposal is most advantageous to the state.
872
Section 26.
Section
63-63b-101
is amended to read:
873
63-63b-101. Traffic mitigation surcharge -- Application and exemptions.
874
(1) (a) In addition to any surcharge imposed under Section
63-63a-1
, a traffic mitigation
875
surcharge shall be paid on all criminal fines, penalties, and forfeitures imposed by a court within
876
a county of the first class, as defined in Section [
17-16-13
]
17-1a-101
, for any offense described
877
in Subsection (1)(b).
878
(b) The traffic mitigation surcharge is $10 upon conviction of any moving traffic violation,
879
including a violation of county or municipal ordinances.
880
(2) The traffic mitigation surcharge may not be imposed:
881
(a) upon nonmoving traffic violations;
882
(b) upon court orders when the offender is ordered to perform community service work
883
in lieu of paying a fine; and
884
(c) upon penalties assessed by the juvenile court as part of the nonjudicial adjustment of
885
a case under Section
78-3a-502
.
886
(3) The traffic mitigation surcharge does not include amounts assessed or collected
887
separately by juvenile courts for the Juvenile Restitution Account, which is independent of this
888
chapter and does not affect the imposition or collection of the traffic mitigation surcharge.
889
(4) The traffic mitigation surcharge under this section shall be imposed in addition to the
890
fine charged for a criminal offense, and no reduction may be made in the fine charged due to the
891
traffic mitigation surcharge imposition.
892
Section 27.
Section
72-2-108
is amended to read:
893
72-2-108. Apportionment of funds available for use on class B and class C roads --
894
Bonds.
895
(1) For purposes of this section:
896
(a) "Graveled road" means a road:
897
(i) that is:
898
(A) graded; and
899
(B) drained by transverse drainage systems to prevent serious impairment of the road by
900
surface water;
901
(ii) that has an improved surface; and
902
(iii) that has a wearing surface made of:
903
(A) gravel;
904
(B) broken stone;
905
(C) slag;
906
(D) iron ore;
907
(E) shale; or
908
(F) other material that is:
909
(I) similar to a material described in Subsection (1)(a)(iii)(A) through (E); and
910
(II) is coarser than sand.
911
(b) "Paved road" includes a graveled road with a chip seal surface.
912
(c) "Road mile" means a one-mile length of road, regardless of:
913
(i) the width of the road; or
914
(ii) the number of lanes into which the road is divided.
915
(d) "Weighted mileage" means the sum of the following:
916
(i) paved road miles multiplied by five;
917
(ii) graveled road miles multiplied by two; and
918
(iii) all other road type road miles multiplied by one.
919
(2) Subject to the provisions of Subsections (3) through (5), funds in the class B and class
920
C roads account shall be apportioned among counties and municipalities in the following manner:
921
(a) 50% in the ratio that the class B roads weighted mileage within each county and class
922
C roads weighted mileage within each municipality bear to the total class B and class C roads
923
weighted mileage within the state; and
924
(b) 50% in the ratio that the population of a county or municipality bears to the total
925
population of the state as of the last official federal census or the United States Bureau of Census
926
estimate, whichever is most recent, except that if population estimates are not [made for a county
927
or municipality by] available from the United States Bureau of Census, population figures shall
928
be [determined according to] derived from the [biennial] estimate from the Utah Population
929
Estimates Committee.
930
(3) For purposes of Subsection (2)(b), "the population of a county" means:
931
(a) the population of a county outside the corporate limits of municipalities in that county,
932
if the population of the county outside the corporate limits of municipalities in that county is not
933
less than 14% of the total population of that county, including municipalities; and
934
(b) if the population of a county outside the corporate limits of municipalities in the county
935
is less than 14% of the total population:
936
(i) the aggregate percentage of the population apportioned to municipalities in that county
937
shall be reduced by an amount equal to the difference between:
938
(A) 14%; and
939
(B) the actual percentage of population outside the corporate limits of municipalities in
940
that county; and
941
(ii) the population apportioned to the county shall be 14% of the total population of that
942
county, including incorporated municipalities.
943
(4) (a) If an apportionment under Subsection (2) to a county or municipality is less than
944
110% of the amount apportioned to the county or municipality from the class B and class C roads
945
account for fiscal year 1996-97, the department shall:
946
(i) reapportion the funds under Subsection (2) to ensure that the county or municipality
947
receives an amount equal to 110% of the amount apportioned to the county or municipality from
948
the class B and class C roads account for fiscal year 1996-97; and
949
(ii) decrease proportionately as provided in Subsection (4)(b) the apportionments to
950
counties and municipalities for which the reapportionment under Subsection (4)(a)(i) does not
951
apply.
952
(b) The aggregate amount of the funds that the department shall decrease proportionately
953
from the apportionments under Subsection (4)(a)(ii) is an amount equal to the aggregate amount
954
reapportioned to counties and municipalities under Subsection (4)(a)(i).
955
(5) (a) (i) In addition to the apportionment adjustments made under Subsection (4), a
956
county or municipality that qualifies for reapportioned monies under Subsection (4)(a)(i) shall
957
receive 1/3 of the percentage increase in the class B and C road account for the current fiscal year
958
over the previous fiscal year.
959
(ii) Any percentage increase calculated under Subsection (5)(a)(i) may not include any
960
increases from increases in fees or tax rates.
961
(b) The adjustment under Subsection (5)(a) shall be made in the same way as provided in
962
Subsection (4)(a)(ii) and (b).
963
(6) The governing body of any municipality or county may issue bonds redeemable up to
964
a period of ten years under Title 11, Chapter 14, Utah Municipal Bond Act, to pay the costs of
965
constructing, repairing, and maintaining class B or class C roads and may pledge class B or class
966
C road funds received pursuant to this section to pay principal, interest, premiums, and reserves
967
for the bonds.
968
Section 28.
Section
77-32-501
is amended to read:
969
77-32-501. Contracts for defense of indigent inmates -- Qualifications --
970
Prosecutorial duties.
971
(1) The board shall enter into contracts with qualified legal defense counsel to provide
972
defense counsel services for an indigent inmate who is incarcerated in a state prison located in a
973
county of the third, fourth, fifth, or sixth class as defined in Section [
17-16-13
]
17-1a-101
, is
974
charged with having committed a crime within that facility, and will require defense counsel.
975
(2) Payment for the representation, costs, and expenses of legal defense counsel shall be
976
made from the Indigent Inmate Trust Fund as provided in Section
77-32-502
.
977
(3) The defense counsel shall maintain the minimum qualifications as provided in Section
978
77-32-301
.
979
(4) The county attorney or district attorney of a county of the third, fourth, fifth, or sixth
980
class shall function as the prosecuting entity.
981
(5) (a) The county of the third, fourth, fifth, or sixth class where a state prison is located
982
may impose an additional tax levy by ordinance at.0001 per dollar of taxable value in the county.
983
(b) If the county governing body imposes the additional tax levy by ordinance, the money
984
shall be deposited in the Indigent Inmate Trust Fund as provided in Section
77-32-502
to fund the
985
purposes of this section.
986
(c) A county that chooses not to impose the additional levy by ordinance may not receive
987
any benefit from the Indigent Inmate Trust fund.
988
Section 29.
Section
77-32-502
is amended to read:
989
77-32-502. Indigent Inmate Trust Fund -- Creation.
990
(1) There is created an expendable trust fund known as the Indigent Inmate Trust Fund to
991
be disbursed by the Division of Finance at the direction of the board and in accordance with
992
contracts made under Section
77-32-402
.
993
(2) Monies deposited in this trust fund only shall be used:
994
(a) to pay for the representation, costs, and expenses of legal defense counsel for an
995
indigent inmate in a state prison located in a county of the third, fourth, fifth, or sixth class as
996
defined in Section [
17-16-13
]
17-1a-101
who is charged with having committed a crime within
997
the facility, and who will require defense counsel; and
998
(b) for administrative costs pursuant to Section
77-32-401
.
999
(3) The trust fund consists of:
1000
(a) proceeds received from counties that impose the additional tax levy by ordinance under
1001
Subsection
77-32-501
(5). which shall be the total county obligation for payment of costs listed
1002
in Subsection (2) for defense of indigent inmates;
1003
(b) appropriations made to the fund by the Legislature; and
1004
(c) interest and earnings from the investment of fund monies.
1005
(4) Fund monies shall be invested by the state treasurer with the earnings and interest
1006
accruing to the fund.
1007
(5) In any calendar year in which the fund runs a deficit, or is projected to run a deficit, the
1008
board shall request a supplemental appropriation from the Legislature in the following general
1009
session to pay for the deficit. The state shall pay any or all of the reasonable and necessary monies
1010
for the deficit into the Indigent Inmate Trust Fund.
1011
(6) Notwithstanding Subsection (1), any fund balance in excess of $1,000,000 remaining
1012
in the trust fund as of June 30 of any fiscal year shall be transferred to the General Fund.
1013
Section 30. Repealer.
1014
This act repeals:
1015
Section 10-2-201, Division of city into wards -- Number and boundaries.
1016
Section 17-16-13, Classification of counties.
Legislative Review Note
as of 2-3-00 3:58 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.