Utah 2026 General Session Status: Enacted 2 R cosponsors

HB 38 — Local Government Amendments

Last action — Governor Signed

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 16, 2025. Enacted.

Signed by Governor Spencer Cox (Republican) on March 18, 2026.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

3037 added · 2864 removed

Plain-language change summary

The latest version of Bill HB 38 introduces several important changes regarding how counties manage their governance and finances. It defines key roles such as "finance officer," outlines how often voters get to weigh in on moving a county seat, and clarifies rules on creating new counties or consolidating existing ones. Notably, it removes the requirement for county financial officers to be bonded, which may make it easier to appoint these officials, but could also raise concerns about financial accountability. Overall, these amendments aim to streamline county operations and enhance local government efficiency.

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HB0038S03 compared with HB0038 {Omitted text} shows text that was in HB0038 but was omitted in HB0038S03 inserted text shows text that was not in HB0038 but was inserted into HB0038S03 DISCLAIMER:
Enrolled Copy H.B.
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38 Local Government Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:
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{County } Local Government Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:
3 LONG TITLE General Description:
Michael K.
This bill deals with provisions related to countiesand special districts.
McKell 3 LONG TITLE General Description:
This bill deals with provisions related to counties and special districts.
▸ provides that a county shall hold an election on an optional plan to change the form of county government at the next regular general election that is no less than 180 days after the daH on which the county attorney submits to the county clerk the attorney's report;
▸ provides that a county shall hold an election on an optional plan to change the form of county government at the next regular general election that is no less than 180 days after the day on which the county attorney submits to the county clerk the attorney's report;
B ▸ modifies provisions related to county costs following a change of venue;
▸ modifies provisions related to county costs following a change of venue;
3 HB0038 compared with HB0038S03 ▸ modifies the ability of a legislative body to investigate the actions of a county officer that impacts county business or operations;
▸ modifies the ability of a legislative body to investigate the actions of a county officer that impacts county business or operations;
▸ modifies the circumstances in which an election official is required to notify eligible voters via email about the disqualification of a candidate;
H.B.
38 Enrolled Copy ▸ modifies the circumstances in which an election official is required to notify eligible voters via email about the disqualification of a candidate;
▸ authorizes a county treasurer to {approve of or consent to the county entering an interlocal } enter an agreement with a special district for the county treasurer to bill and collect {service fees } assessments on behalf of the special district;
▸ authorizes a county treasurer to enter an agreement with a special district for the county treasurer to bill and collect assessments on behalf of the special district;
{and} - 2 - HB0038 compared with HB0038S03 ▸ recodifies Title 17B, Chapter 2a, Part 13, Infrastructure Financing District, as Title 17D, Chapter 5, Infrastructure Financing District Act;
▸ recodifies Title 17B, Chapter 2a, Part 13, Infrastructure Financing District, as Title 17D, Chapter 5, Infrastructure Financing District Act;
11-1-1 , as last amended by Laws of Utah 2024, Chapter 365 11-1-2 , as last amended by Laws of Utah 1993, Chapter 227 17-60-101 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-60-103 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-60-302 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-60-401 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-61-201 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-61-301 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-61-401 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-61-404 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-61-406 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-62-303 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-62-501 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-63-101 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-63-503 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-63-505 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-63-601 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-63-604 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 - 3 - HB0038 compared with HB0038S03 17-63-605 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-63-702 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-63-802 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-64-402 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-64-405 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-66-101 , as enacted by Laws of Utah 2025, First Special Session, Chapter 13 17-66-104 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-66-201 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-66-403 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-67-201 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-69-101 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-69-103 , as enacted by Laws of Utah 2025, First Special Session, Chapter 13 17-69-301 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-70-101 , as enacted by Laws of Utah 2025, First Special Session, Chapter 13 17-70-103 , as enacted by Laws of Utah 2025, First Special Session, Chapter 13 17-70-302 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-70-403 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-71-103 , as enacted by Laws of Utah 2025, First Special Session, Chapter 13 17-71-302 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-71-407 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-71-408 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-71-503 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-73-102 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-73-201 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 - 4 - HB0038 compared with HB0038S03 17-73-502 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-73-504 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-73-507 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-74-101 , as enacted by Laws of Utah 2025, First Special Session, Chapter 13 17-74-301 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-74-302 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-74-402 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-75-201 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14 17-75-403 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14 17-75-501 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14 17-75-502 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14 17-75-503 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14 17-75-602 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14 17-75-604 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14 17-75-702 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14 17-76-402 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14 17-78-201 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14 17-78-605 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14 17-78-807 , as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14 17B-1-102 , as last amended by Laws of Utah 2024, Chapters 388, 438 17B-1-403 , as last amended by Laws of Utah 2024, Chapter 388 17B-1-901 , as last amended by Laws of Utah 2023, Chapter 15 59-2-208 , as enacted by Laws of Utah 1987, Chapter 4 59-2-1306 , as last amended by Laws of Utah 2000, Chapter 86 77-21-4 , as enacted by Laws of Utah 1980, Chapter 15 - 5 - HB0038 compared with HB0038S03 78A-7-121 , as last amended by Laws of Utah 2012, Chapter 205 78B-1-123 , as renumbered and amended by Laws of Utah 2008, Chapter 3 78B-1-124 , as renumbered and amended by Laws of Utah 2008, Chapter 3 ENACTS:
11-1-1, as last amended by Laws of Utah 2024, Chapter 365 - 2 - Enrolled Copy H.B.
{17-74-303 , Utah Code Annotated 1953} 17-74-304 , Utah Code Annotated 1953 17D-5-201 , Utah Code Annotated 1953 RENUMBERS AND AMENDS:
38 11-1-2, as last amended by Laws of Utah 1993, Chapter 227 17-60-101, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-60-103, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-60-302, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-60-401, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-61-201, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-61-301, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-61-401, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-61-404, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-61-406, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-62-303, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-62-501, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-63-101, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-63-503, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-63-505, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-63-601, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-63-604, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-63-605, as renumbered and amended by Laws of Utah 2025, First Special Session, - 3 - H.B.
17-69-304.1 , (Renumbered from 17-69-308, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13) 17-69-401 , (Renumbered from 17-69-304, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13) 17-69-402 , (Renumbered from 17-69-305, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13) 17-69-403 , (Renumbered from 17-69-306, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13) 17-69-404 , (Renumbered from 17-69-307, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13) 17D-5-101 , (Renumbered from 17B-2a-1301, as enacted by Laws of Utah 2024, Chapter 388) 17D-5-102 , (Renumbered from 17B-2a-1302, as enacted by Laws of Utah 2024, Chapter 388) 17D-5-202 , (Renumbered from 17B-2a-1303, as enacted by Laws of Utah 2024, Chapter 388) 17D-5-203 , (Renumbered from 17B-2a-1304, as enacted by Laws of Utah 2024, Chapter 388) 17D-5-204 , (Renumbered from 17B-2a-1305, as last amended by Laws of Utah 2025, First Special Session, Chapter 15) 17D-5-205 , (Renumbered from 17B-2a-1307, as enacted by Laws of Utah 2024, Chapter 388) - 6 - HB0038 compared with HB0038S03 17D-5-301 , (Renumbered from 17B-2a-1306, as enacted by Laws of Utah 2024, Chapter 388) REPEALS:
38 Enrolled Copy Chapter 13 17-63-702, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-63-802, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-64-402, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-64-405, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-66-101, as enacted by Laws of Utah 2025, First Special Session, Chapter 13 17-66-104, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-66-201, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-66-403, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-67-201, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-69-101, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-69-103, as enacted by Laws of Utah 2025, First Special Session, Chapter 13 17-69-301, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-70-101, as enacted by Laws of Utah 2025, First Special Session, Chapter 13 17-70-103, as enacted by Laws of Utah 2025, First Special Session, Chapter 13 17-70-302, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-70-403, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-71-103, as enacted by Laws of Utah 2025, First Special Session, Chapter 13 17-71-302, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-71-407, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 - 4 - Enrolled Copy H.B.
10-9a-520 , as last amended by Laws of Utah 2023, Chapter 327 17-2-102 , as last amended by Laws of Utah 2023, Chapter 116 17-2-202 , as last amended by Laws of Utah 2023, Chapter 116 17-16-201 , as enacted by Laws of Utah 2016, Chapter 50 17-22-14 , as last amended by Laws of Utah 2024, Chapter 365 17-27a-101 , as renumbered and amended by Laws of Utah 2005, Chapter 254 17-27a-409 , as last amended by Laws of Utah 2015, Chapter 310 17-30-24 , as last amended by Laws of Utah 1993, Chapter 227 17-36-1 , as enacted by Laws of Utah 1975, Chapter 22 17-50-317 , as renumbered and amended by Laws of Utah 2000, Chapter 133 17-53-206.5 , as enacted by Laws of Utah 2015, Chapter 196 17-53-215 , as renumbered and amended by Laws of Utah 2000, Chapter 133 17-53-304 , as enacted by Laws of Utah 2000, Chapter 133 Be it enacted by the Legislature of the state of Utah:
38 17-71-408, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-71-503, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-73-102, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-73-201, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-73-502, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-73-504, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-73-507, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-74-101, as enacted by Laws of Utah 2025, First Special Session, Chapter 13 17-74-301, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-74-302, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-74-402, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-75-201, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14 17-75-403, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14 17-75-501, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14 17-75-502, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14 17-75-503, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14 17-75-602, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14 17-75-604, as renumbered and amended by Laws of Utah 2025, First Special Session, - 5 - H.B.
38 Enrolled Copy Chapter 14 17-75-702, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14 17-76-402, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14 17-78-201, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14 17-78-605, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14 17-78-807, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14 17B-1-102, as last amended by Laws of Utah 2024, Chapters 388, 438 17B-1-403, as last amended by Laws of Utah 2024, Chapter 388 17B-1-901, as last amended by Laws of Utah 2023, Chapter 15 59-2-208, as enacted by Laws of Utah 1987, Chapter 4 59-2-1306, as last amended by Laws of Utah 2000, Chapter 86 77-21-4, as enacted by Laws of Utah 1980, Chapter 15 78A-7-121, as last amended by Laws of Utah 2012, Chapter 205 78B-1-123, as renumbered and amended by Laws of Utah 2008, Chapter 3 78B-1-124, as renumbered and amended by Laws of Utah 2008, Chapter 3 ENACTS:
17-74-304, Utah Code Annotated 1953 17D-5-201, Utah Code Annotated 1953 RENUMBERS AND AMENDS:
17-69-304.1, (Renumbered from 17-69-308, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13) 17-69-401, (Renumbered from 17-69-304, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13) 17-69-402, (Renumbered from 17-69-305, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13) 17-69-403, (Renumbered from 17-69-306, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13) 17-69-404, (Renumbered from 17-69-307, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13) - 6 - Enrolled Copy H.B.
38 17D-5-101, (Renumbered from 17B-2a-1301, as enacted by Laws of Utah 2024, Chapter 388) 17D-5-102, (Renumbered from 17B-2a-1302, as enacted by Laws of Utah 2024, Chapter 388) 17D-5-202, (Renumbered from 17B-2a-1303, as enacted by Laws of Utah 2024, Chapter 388) 17D-5-203, (Renumbered from 17B-2a-1304, as enacted by Laws of Utah 2024, Chapter 388) 17D-5-204, (Renumbered from 17B-2a-1305, as last amended by Laws of Utah 2025, First Special Session, Chapter 15) 17D-5-205, (Renumbered from 17B-2a-1307, as enacted by Laws of Utah 2024, Chapter 388) 17D-5-301, (Renumbered from 17B-2a-1306, as enacted by Laws of Utah 2024, Chapter 388) REPEALS:
10-9a-520, as last amended by Laws of Utah 2023, Chapter 327 17-2-102, as last amended by Laws of Utah 2023, Chapter 116 17-2-202, as last amended by Laws of Utah 2023, Chapter 116 17-16-201, as enacted by Laws of Utah 2016, Chapter 50 17-22-14, as last amended by Laws of Utah 2024, Chapter 365 17-27a-101, as renumbered and amended by Laws of Utah 2005, Chapter 254 17-27a-409, as last amended by Laws of Utah 2015, Chapter 310 17-30-24, as last amended by Laws of Utah 1993, Chapter 227 17-36-1, as enacted by Laws of Utah 1975, Chapter 22 17-50-317, as renumbered and amended by Laws of Utah 2000, Chapter 133 17-53-206.5, as enacted by Laws of Utah 2015, Chapter 196 17-53-215, as renumbered and amended by Laws of Utah 2000, Chapter 133 17-53-304, as enacted by Laws of Utah 2000, Chapter 133 Be it enacted by the Legislature of the state of Utah:
11-1-1.
11-1-1 .
(1) The [county auditor] finance officer, as that term is defined in Section 17-66-101, of each county, the auditor of each city, and the clerk of each [board of education in this state] school district board shall endorse a certificate upon every bond, warrant or other evidence of debt, issued pursuant to law by any such officer, that the same is within the lawful debt limit of such county, city or school district, respectively, and is issued according to law.[ The officer shall sign such certificate in the officer's official character.] (2) The county finance officer, city auditor, or clerk of the school district board shall sign a certificate described in Subsection (1) in the county finance officer's, city auditor's, or clerk of the school district board's official character.
(1) The [county auditor] finance officer, as that term is defined in Section 17-66-101, of - 7 - H.B.
38 Enrolled Copy each county, the auditor of each city, and the clerk of each [board of education in this state] school district board shall endorse a certificate upon every bond, warrant or other evidence of debt, issued pursuant to law by any such officer, that the same is within the lawful debt limit of such county, city or school district, respectively, and is issued according to law.[ The officer shall sign such certificate in the officer's official character.] (2) The county finance officer, city auditor, or clerk of the school district board shall sign a certificate described in Subsection (1) in the county finance officer's, city auditor's, or clerk of the school district board's official character.
- 7 - HB0038 compared with HB0038S03 11-1-2.
11-1-2 .
17-60-101.
17-60-101 .
and (b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government.
and (b) those powers, duties, and functions that, under constitutional and statutory provisions - 8 - Enrolled Copy H.B.
38 and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government.
and - 8 - HB0038 compared with HB0038S03 (b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government.
and (b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government.
17-60-103.
17-60-103 .
17-60-302.
17-60-302 .
(1) (a) A voter may file a petition to move the county seat with the county legislative body of the county in which the voter lives if the petition is signed by a majority of [registered ]voters in the county, calculated by the number of [votes cast in the county at the preceding general election] {registered voters, as reported on the canvass report of the immediately preceding general election} a{ctive voters, as defined in Section 20A-7-501, in the county}.
(1)(a) A voter may file a petition to move the county seat with the county legislative body of the county in which the voter lives if the petition is signed by a majority of [ registered ]voters in the county, calculated by the number of [votes cast in the county at the preceding general election] active voters, as defined in Section 20A-7-501, in the county.
(i) if the county legislative body receives the petition at least 180 days before the next general election, at the next general election[.] ;
- 9 - H.B.
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or - 9 - HB0038 compared with HB0038S03 (ii) if the county legislative body receives the petition fewer than 180 days before the next general election, at the general election following the next general election.
38 Enrolled Copy (i) if the county legislative body receives the petition at least 180 days before the next general election, at the next general election[.] ;
(2) (a) Within three business days after the day on which a county legislative body receives a petition under Subsection (1), the county legislative body shall provide the petition to the county clerk.
or (ii) if the county legislative body receives the petition fewer than 180 days before the next general election, at the general election following the next general election.
(2)(a) Within three business days after the day on which a county legislative body receives a petition under Subsection (1), the county legislative body shall provide the petition to the county clerk.
(3) (a) An individual who signs a petition under this section may have the individual's signature removed from the petition by, no later than three business days after the day on which the county legislative body provides the petition to the county clerk, submitting to the county clerk a statement requesting that the individual's signature be removed.
(3)(a) An individual who signs a petition under this section may have the individual's signature removed from the petition by, no later than three business days after the day on which the county legislative body provides the petition to the county clerk, submitting to the county clerk a statement requesting that the individual's signature be removed.
17-60-401.
17-60-401 .
(1) Upon receiving a notice of claim under Section 63G-7-401, the county clerk shall deliver the notice of claim to the county executive described in Chapter 65, County Executive.
- 10 - Enrolled Copy H.B.
- 10 - HB0038 compared with HB0038S03 (2) Subject to Subsection (3), each county executive shall review each claim, as defined in Section 17-69-101, against the county and:
38 (1) Upon receiving a notice of claim under Section 63G-7-401, the county clerk shall deliver the notice of claim to the county executive described in Chapter 65, County Executive.
(2) Subject to Subsection (3), each county executive shall review each claim, as defined in Section 17-69-101, against the county and:
(3) (a) The county executive shall forward all claims to the county attorney, or, in a county that has a district attorney but not a county attorney, to the district attorney for the attorney's review and recommendation to the county executive regarding liability and payment.
(3)(a) The county executive shall forward all claims to the county attorney, or, in a county that has a district attorney but not a county attorney, to the district attorney for the attorney's review and recommendation to the county executive regarding liability and payment.
(6) Each county shall prepare and make available to a person submitting or intending to submit a claim under this part a written explanation, in simple and easy to understand language, of how to submit a claim to the county and of the county's process for receiving, reviewing, and deciding a claim.
(6) Each county shall prepare and make available to a person submitting or intending to submit a claim under this part a written explanation, in simple and easy to understand language, of how to submit a claim to the county and of the county's process for - 11 - H.B.
38 Enrolled Copy receiving, reviewing, and deciding a claim.
(a) - 11 - HB0038 compared with HB0038S03 (i) investigate, examine, review, and inspect the claim;
(a)(i) investigate, examine, review, and inspect the claim;
and (ii) (A) recommend that the county executive approve or reject the claim;
and (ii)(A) recommend that the county executive approve or reject the claim;
(8) After receiving the county or district attorney's recommendation in accordance with Subsection (3) (a), and the county [auditor's] finance officer's recommendation in accordance with Subsection [(3) (b)] (7), the county executive shall decide whether to approve or reject a claim.
(8) After receiving the county or district attorney's recommendation in accordance with Subsection (3)(a), and the county [auditor's] finance officer's recommendation in accordance with Subsection [(3)(b)] (7), the county executive shall decide whether to approve or reject a claim.
(9) (a) The county [auditor] finance officer shall pay, subject to Subsection (9)(b), a claim approved by the county executive in accordance with Subsection (8) by:
(9)(a) The county [auditor] finance officer shall pay, subject to Subsection (9)(b), a claim approved by the county executive in accordance with Subsection (8) by:
17-61-201.
17-61-201 .
(1) A voter of a county who desires to have the county joined to and consolidated with an adjoining county may petition the county legislative body of the county in which the voter resides and the county legislative body of the adjoining county, as described in this section.
(1) A voter of a county who desires to have the county joined to and consolidated with an - 12 - Enrolled Copy H.B.
(2) - 12 - HB0038 compared with HB0038S03 (a) Each petition under Subsection (1) shall be:
38 adjoining county may petition the county legislative body of the county in which the voter resides and the county legislative body of the adjoining county, as described in this section.
(2)(a) Each petition under Subsection (1) shall be:
and [(c)] (iii) presented to the county legislative body of the originating county and the county legislative body of the consolidating county before the first Monday in June of any year.
and [(c)] (iii) [ ]presented to the county legislative body of the originating county and the county legislative body of the consolidating county before the first Monday in June of any year.
(b) The number of voters residing in a county {shall be determined using } is the same as the {canvassed election results from } number of active voters, as defined in Section 20A-7-501, for the {most recent general election} county.
(b) The number of voters residing in a county is the same as the number of active voters, as defined in Section 20A-7-501, for the county.
(3) (a) Within three business days after the day on which a county legislative body receives a petition under Subsection (1), the county legislative body shall provide the petition to the county clerk.
(3)(a) Within three business days after the day on which a county legislative body receives a petition under Subsection (1), the county legislative body shall provide the petition to the county clerk.
(4) (a) An individual who signs a petition under this section may have the individual's signature removed from the petition by, no later than three business days after the day on which the county legislative body provides the petition to the county clerk, submitting to the county clerk a statement requesting that the individual's signature be removed.
(4)(a) An individual who signs a petition under this section may have the individual's signature removed from the petition by, no later than three business days after the day on which the county legislative body provides the petition to the county clerk, submitting to the county clerk a statement requesting that the individual's signature be removed.
- 13 - HB0038 compared with HB0038S03 (5) If the county clerks of the originating county and consolidating county each determine that the petition meets the requirements of Subsection (2)(a), each county clerk shall ensure that the petition is submitted to the voters of the respective counties as described in Subsection (6).
(5) If the county clerks of the originating county and consolidating county each determine that the petition meets the requirements of Subsection (2)(a), each county clerk shall - 13 - H.B.
(6) (a) If a petition under Subsection (1) is presented in a year during which a regular general election is held, the county legislative body of the originating county and the county legislative body of the consolidating county shall cause the proposition to be submitted to the legal voters of the respective counties at the next regular general election.
38 Enrolled Copy ensure that the petition is submitted to the voters of the respective counties as described in Subsection (6).
(6)(a) If a petition under Subsection (1) is presented in a year during which a regular general election is held, the county legislative body of the originating county and the county legislative body of the consolidating county shall cause the proposition to be submitted to the legal voters of the respective counties at the next regular general election.
17-61-301.
17-61-301 .
(2) (a) A petition under Subsection (1) shall be:
(2)(a) A petition under Subsection (1) shall be:
and - 14 - HB0038 compared with HB0038S03 [(b)] (ii) presented before the first Monday in June of a year during which a general election is held.
and [(b)] (ii) presented before the first Monday in June of a year during which a general election is held.
(b) The number of voters residing in a portion of the county {shall be determined using } is the {canvassed election results from } same as the {most recent general election} number of active voters, as defined in Section 20A-7-501, for that area.
(b) The number of voters residing in a portion of the county is the same as the number of - 14 - Enrolled Copy H.B.
(3) (a) Within three business days after the day on which a county legislative body receives a petition under Subsection (1), the county legislative body shall provide the petition to the county clerk.
38 active voters, as defined in Section 20A-7-501, for that area.
(3)(a) Within three business days after the day on which a county legislative body receives a petition under Subsection (1), the county legislative body shall provide the petition to the county clerk.
(4) (a) An individual who signs a petition under this section may have the individual's signature removed from the petition by, no later than three business days after the day on which the county legislative body provides the petition to the county clerk, submitting to the county clerk a statement requesting that the individual's signature be removed.
(4)(a) An individual who signs a petition under this section may have the individual's signature removed from the petition by, no later than three business days after the day on which the county legislative body provides the petition to the county clerk, submitting to the county clerk a statement requesting that the individual's signature be removed.
(5) (a) If the county clerk of the initiating county determines that the petition meets the requirements of Subsection (2), the county clerk of the initiating county and the county clerk of the annexing county shall ensure the petition is submitted to the voters of the respective counties at the next regular general election as described in this Subsection (5).
(5)(a) If the county clerk of the initiating county determines that the petition meets the requirements of Subsection (2), the county clerk of the initiating county and the county clerk of the annexing county shall ensure the petition is submitted to the voters of the respective counties at the next regular general election as described in this Subsection (5).
- 15 - HB0038 compared with HB0038S03 (c) The ballot language to be used in an election held under this Subsection (5) shall be:
(c) The ballot language to be used in an election held under this Subsection (5) shall be:
17-61-401.
17-61-401 .
Creating a new county -- Petition -- Certification of petition signatures -- Removal of signature -- Election -- Ballots.
Creating a new county -- Petition -- Certification of petition - 15 - H.B.
38 Enrolled Copy signatures -- Removal of signature -- Election -- Ballots.
(2) (a) The petition described in Subsection (1) shall:
(2)(a) The petition described in Subsection (1) shall:
(c) The number of voters residing in a portion of the county {shall be determined using } is the {canvassed election results from } same as the {most recent general election} number of active voters, as defined in Section 20A-7-501, for that area.
(c) The number of voters residing in a portion of the county is the same as the number of active voters, as defined in Section 20A-7-501, for that area.
(4) (a) Within three business days after the day on which a county legislative body receives a petition, the county legislative body shall provide the petition to the county clerk.
(4)(a) Within three business days after the day on which a county legislative body receives a petition, the county legislative body shall provide the petition to the county clerk.
and - 16 - HB0038 compared with HB0038S03 (iii) deliver the certified petition to the county legislative body.
and (iii) deliver the certified petition to the county legislative body.
(5) (a) An individual who signs a petition under this section may have the individual's signature removed from the petition by, no later than three business days after the day on which the county legislative body provides the petition to the county clerk, submitting to the county clerk a statement requesting that the individual's signature be removed.
(5)(a) An individual who signs a petition under this section may have the individual's signature removed from the petition by, no later than three business days after the day on which the county legislative body provides the petition to the county clerk, submitting to the county clerk a statement requesting that the individual's signature be removed.
(b) A statement described in Subsection (5)(a) shall comply with the requirements described in Subsection 20A-1-1003(2).
- 16 - Enrolled Copy H.B.
38 (b) A statement described in Subsection (5)(a) shall comply with the requirements described in Subsection 20A-1-1003(2).
(9) (a) Subject to Subsection (9)(b), the expenses of any special election described in this section shall be paid out of the general fund of the seceding county.
(9)(a) Subject to Subsection (9)(b), the expenses of any special election described in this section shall be paid out of the general fund of the seceding county.
17-61-404.
17-61-404 .
(1) (a) Whenever a new county is created under the provisions of this part, the county executive of the seceding county shall furnish to the respective officers of the new county, in a form suitable for - 17 - HB0038 compared with HB0038S03 creating permanent records, certified copies of all records or parts of records pertaining to or affecting the title of real or personal property in the new county.
(1)(a) Whenever a new county is created under the provisions of this part, the county executive of the seceding county shall furnish to the respective officers of the new county, in a form suitable for creating permanent records, certified copies of all records or parts of records pertaining to or affecting the title of real or personal property in the new county.
(d) For a record of any antecedent county that has been compiled or arranged in a manner that the record may be divided by segregating the instruments that relate to or affect exclusively the title to land in the new county or personal property owned by residents of the new county, the record shall be divided and the separate parts of the divided record shall be the property of the county to which the information within the record relates.
(d) For a record of any antecedent county that has been compiled or arranged in a manner that the record may be divided by segregating the instruments that relate to or - 17 - H.B.
38 Enrolled Copy affect exclusively the title to land in the new county or personal property owned by residents of the new county, the record shall be divided and the separate parts of the divided record shall be the property of the county to which the information within the record relates.
(a) (i) except as provided in Subsection (2)(a)(ii), original records in the possession of the seceding county of all corporations whose principal place of business is situated in the new county;
(a)(i) except as provided in Subsection (2)(a)(ii), original records in the possession of the seceding county of all corporations whose principal place of business is situated in the new county;
(b) (i) except as provided in Subsection (2)(b)(ii), certified copies of all recorded official bonds, if any, of county officers within the new county in force at the time the new county is created;
(b)(i) except as provided in Subsection (2)(b)(ii), certified copies of all recorded official bonds, if any, of county officers within the new county in force at the time the new county is created;
- 18 - HB0038 compared with HB0038S03 (e) certified copies of the last election proceedings had in any districts which are partly in the new county and partly in the seceding county;
(e) certified copies of the last election proceedings had in any districts which are partly in the new county and partly in the seceding county;
(3) All expenses lawfully incurred by a seceding county for transcribing, copying, and transferring records provided for in this section shall be reimbursed from the general funds of the new county no later than 30 days from the day on which the record is transferred to the new county.
(3) All expenses lawfully incurred by a seceding county for transcribing, copying, and transferring records provided for in this section shall be reimbursed from the general - 18 - Enrolled Copy H.B.
38 funds of the new county no later than 30 days from the day on which the record is transferred to the new county.
17-61-406.
17-61-406 .
(1) All civil and criminal actions that are pending in the territory embraced in a new county [shall] at the time the new county is created may be prosecuted to judgment and execution in the new county.
(1) All civil and criminal actions that are pending in the territory embraced in a new county [ shall] at the time the new county is created may be prosecuted to judgment and execution in the new county.
17-62-303.
17-62-303 .
(1) (a) Registered voters of a county may initiate the process of adopting an optional plan by filing with the county clerk a notice of intent to gather signatures for a petition:
(1)(a) Registered voters of a county may initiate the process of adopting an optional plan by filing with the county clerk a notice of intent to gather signatures for a petition:
- 19 - HB0038 compared with HB0038S03 (b) A notice of intent described in Subsection (1)(a) shall:
(b) A notice of intent described in Subsection (1)(a) shall:
(2) (a) The sponsors of a petition may circulate the petition after filing a notice of intent to gather signatures under Subsection (1).
(2)(a) The sponsors of a petition may circulate the petition after filing a notice of intent to gather signatures under Subsection (1).
(b) (i) Except as provided in Subsection (2)(b)(ii), the petition is valid if the petition contains the number of legal signatures required under Subsection 20A-7-501(2).
- 19 - H.B.
38 Enrolled Copy (b)(i) Except as provided in Subsection (2)(b)(ii), the petition is valid if the petition contains the number of legal signatures required under Subsection 20A-7-501(2).
(d) (i) Within 30 days after the day on which the sponsors submit a petition, the sponsors shall submit financial disclosures to the county clerk that include:
(d)(i) Within 30 days after the day on which the sponsors submit a petition, the sponsors shall submit financial disclosures to the county clerk that include:
- 20 - HB0038 compared with HB0038S03 (3) Within 30 days after the day on which the sponsors submit a petition under Subsection (2)(c) or an amended or supplemental petition under Subsection (4), the county clerk shall:
(3) Within 30 days after the day on which the sponsors submit a petition under Subsection (2)(c) or an amended or supplemental petition under Subsection (4), the county clerk shall:
(a) (i) use the procedures described in Section 20A-1-1002 to determine whether a signer is a registered voter;
(a)(i) use the procedures described in Section 20A-1-1002 to determine whether a signer is a registered voter;
(b) (i) if the petition was signed by a sufficient number of registered voters:
(b)(i) if the petition was signed by a sufficient number of registered voters:
and (C) notify the contact sponsor in writing of the certification;
and - 20 - Enrolled Copy H.B.
38 (C) notify the contact sponsor in writing of the certification;
- 21 - HB0038 compared with HB0038S03 (6) (a) A voter who signs a petition under this section may have the voter's signature removed from the petition by, no later than three business days after the day on which the sponsors submit the petition to the county clerk, submitting to the county clerk a statement requesting that the voter's signature be removed.
(6)(a) A voter who signs a petition under this section may have the voter's signature removed from the petition by, no later than three business days after the day on which the sponsors submit the petition to the county clerk, submitting to the county clerk a statement requesting that the voter's signature be removed.
17-62-501.
17-62-501 .
(1) If the county attorney finds under Section 17-62-405 that a proposed optional plan does not violate a statutory or constitutional provision, a county shall hold an election on the optional plan at the next regular general election that is [not less than 65] no later than 180 days after the day on which the county attorney submits to the county clerk the attorney's report described in Section 17-62-405.
(1) If the county attorney finds under Section 17-62-405 that a proposed optional plan does - 21 - H.B.
38 Enrolled Copy not violate a statutory or constitutional provision, a county shall hold an election on the optional plan at the next regular general election that is [not less than 65] no later than 180 days after the day on which the county attorney submits to the county clerk the attorney's report described in Section 17-62-405.
- 22 - HB0038 compared with HB0038S03 17-63-101.
17-63-101 .
(3) (a) "Budget" means a plan for financial operations for a fiscal period, embodying estimates for proposed expenditures for given purposes and the means of financing the expenditures.
(3)(a) "Budget" means a plan for financial operations for a fiscal period, embodying estimates for proposed expenditures for given purposes and the means of financing the expenditures.
(4) "Budgetary fund" means a fund for which a budget is required, such as those described in Section 17-63-301.
(4) "Budgetary fund" means a fund for which a budget is required, such as those described - 22 - Enrolled Copy H.B.
38 in Section 17-63-301.
(a) - 23 - HB0038 compared with HB0038S03 (i) the county auditor;
(a)(i) the county auditor;
(18) "General fund" means the same as that term is defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor.
- 23 - H.B.
38 Enrolled Copy (18) "General fund" means the same as that term is defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor.
- 24 - HB0038 compared with HB0038S03 (26) "Unappropriated surplus" means that part of a fund which is not appropriated for an ensuing budget period.
(26) "Unappropriated surplus" means that part of a fund which is not appropriated for an ensuing budget period.
17-63-503.
17-63-503 .
(2) Warrants shall be paid in the order of presentation to the treasurer.
- 24 - Enrolled Copy H.B.
38 (2) Warrants shall be paid in the order of presentation to the treasurer.
17-63-505.
17-63-505 .
(1) (a) Except as provided in Subsection (2), in a civil case where [any ]change of venue is granted from one county to another, [ ]the costs and expenses connected with the [trial of the action that are payable by the county] proceedings shall be refunded by the county in which the action originated to the county in which the case is [tried, upon] tried or is otherwise resolved.
(1)(a) Except as provided in Subsection (2), in a civil case where [any ]change of venue is granted from one county to another, [ ]the costs and expenses connected with the [ trial of the action that are payable by the county] proceedings shall be refunded by the county in which the action originated to the county in which the case is [tried, upon] tried or is otherwise resolved.
(b) [ the{] The} county clerk of the county {[} wherein the case is tried certifying] The county attorney of the county that receives a civil case following a change of venue shall certify the amount of costs [so paid] and expenses to the county [clerk] attorney of the county wherein the [action] civil case originated.
(b) [ the county clerk of the county wherein the case is tried certifying] The county attorney of the county that receives a civil case following a change of venue shall certify the amount of costs [so paid] and expenses to the county [clerk] attorney of the county wherein the [action] civil case originated.
- 25 - HB0038 compared with HB0038S03 17-63-601.
17-63-601 .
(2) A financial administration ordinance adopted in accordance with Subsection (1) shall provide:
(2) A financial administration ordinance adopted in accordance with Subsection (1) shall - 25 - H.B.
38 Enrolled Copy provide:
17-63-604.
17-63-604 .
- 26 - HB0038 compared with HB0038S03 (a) the office of the county finance officer, if the county finance officer has an office at the county seat;
(a) the office of the county finance officer, if the county finance officer has an office at the county seat;
17-63-605.
17-63-605 .
(a) the proper authorization of transactions and activities;
- 26 - Enrolled Copy H.B.
38 (a) the proper authorization of transactions and activities;
17-63-702.
17-63-702 .
(2) (a) The county auditor or county finance officer shall prepare a statement showing the indebtedness of the county, funded and floating, stating the amount of each class and the rate of interest borne by such indebtedness or any part of the indebtedness before the annual meeting of the county legislative body for levying taxes.
(2)(a) The county auditor or county finance officer shall prepare a statement showing the indebtedness of the county, funded and floating, stating the amount of each class and the rate of interest borne by such indebtedness or any part of the indebtedness before the annual meeting of the county legislative body for levying taxes.
- 27 - HB0038 compared with HB0038S03 (b) The statement described in Subsection (2)(a) shall be prepared under the direction of the county legislative body.
(b) The statement described in Subsection (2)(a) shall be prepared under the direction of the county legislative body.
17-63-802.
17-63-802 .
(1) (a) As used in this section, "operating and capital budget" means a plan of financial operation for an enterprise or other special fund embodying estimates of operating and nonoperating resources and expenses and other outlays for a fiscal period.
(1)(a) As used in this section, "operating and capital budget" means a plan of financial operation for an enterprise or other special fund embodying estimates of operating and nonoperating resources and expenses and other outlays for a fiscal period.
(a) each enterprise fund;
- 27 - H.B.
38 Enrolled Copy (a) each enterprise fund;
(3) (a) The governing body shall adopt and administer the operating and capital budget in accordance with this Subsection (3).
(3)(a) The governing body shall adopt and administer the operating and capital budget in accordance with this Subsection (3).
(d) - 28 - HB0038 compared with HB0038S03 (i) Subject to Subsection (3)(d)(ii), the finance officer shall prepare all estimates after review and consultation, if requested, with a department proposing a capital project.
(d)(i) Subject to Subsection (3)(d)(ii), the finance officer shall prepare all estimates after review and consultation, if requested, with a department proposing a capital project.
(e) (i) Except as provided in Subsection (3)(e)(iv), if a governing body includes in a tentative budget, or an amendment to a budget, allocations or transfers between a utility enterprise fund and another fund that are not reasonable allocations of costs between the utility enterprise fund and the other fund, the governing body shall:
(e)(i) Except as provided in Subsection (3)(e)(iv), if a governing body includes in a tentative budget, or an amendment to a budget, allocations or transfers between a utility enterprise fund and another fund that are not reasonable allocations of costs between the utility enterprise fund and the other fund, the governing body shall:
and (C) the fund to which the money is being transferred.
and - 28 - Enrolled Copy H.B.
38 (C) the fund to which the money is being transferred.
(f) (i) The governing body shall review the tentative operating and capital budget at any regular or special meeting called for that purpose.
(f)(i) The governing body shall review the tentative operating and capital budget at any regular or special meeting called for that purpose.
- 29 - HB0038 compared with HB0038S03 (iii) Before the close of the fiscal period, the governing body shall adopt an operating and capital budget for the next fiscal period.
(iii) Before the close of the fiscal period, the governing body shall adopt an operating and capital budget for the next fiscal period.
(g) (i) Upon final adoption by the governing body, the operating and capital budget shall be in effect for the budget period subject to amendment.
(g)(i) Upon final adoption by the governing body, the operating and capital budget shall be in effect for the budget period subject to amendment.
Section 22.
- 29 - H.B.
38 Enrolled Copy Section 22.
17-64-402.
17-64-402 .
- 30 - HB0038 compared with HB0038S03 (4) a franchise record, containing all franchises granted by the board, for what purpose, the length of time, and to whom granted, the amount of bond and license tax required or other consideration to be paid;
(4) a franchise record, containing all franchises granted by the board, for what purpose, the length of time, and to whom granted, the amount of bond and license tax required or other consideration to be paid;
17-64-405.
17-64-405 .
17-66-101.
17-66-101 .
As used in this chapter:
- 30 - Enrolled Copy H.B.
38 As used in this chapter:
- 31 - HB0038 compared with HB0038S03 (a) the county auditor;
(a) the county auditor;
17-66-104.
17-66-104 .
(3) [Each ] Except as provided in Subsection (5), each legislative body shall ensure that any ordinance consolidating or separating county offices:
- 31 - H.B.
38 Enrolled Copy (3) [Each ] Except as provided in Subsection (5), each legislative body shall ensure that any ordinance consolidating or separating county offices:
(4) (a) Each legislative body shall:
(4)(a) Each legislative body shall:
and - 32 - HB0038 compared with HB0038S03 (ii) publish, by February 15, 2010, a notice once in a newspaper of general circulation in the county identifying the county offices that will be filled in the November 2010 election.
and (ii) publish, by February 15, 2010, a notice once in a newspaper of general circulation in the county identifying the county offices that will be filled in the November 2010 election.
(6) For a county of the first or second class, as classified under Section 17-60-104, an individual holding a consolidated county office shall meet all of the applicable statutorily defined qualifications of each county office within the consolidated office, including possession of any state- regulated license or certification.
(6) For a county of the first or second class, as classified under Section 17-60-104, an individual holding a consolidated county office shall meet all of the applicable statutorily defined qualifications of each county office within the consolidated office, including possession of any state-regulated license or certification.
17-66-201.
17-66-201 .
(c) be a registered voter in the county, district, precinct, or prosecution district in which the individual seeks office;[ and] (d) if the individual is filing a declaration of candidacy for the office of county auditor in a county of the first class, meet the qualifications described in Section 17-69-202;
- 32 - Enrolled Copy H.B.
38 (c) be a registered voter in the county, district, precinct, or prosecution district in which the individual seeks office;[ and] (d) if the individual is filing a declaration of candidacy for the office of county auditor in a county of the first class, meet the qualifications described in Section 17-69-202;
(2) - 33 - HB0038 compared with HB0038S03 (a) A county, district, precinct, or prosecution district officer shall maintain residency within the county, district, precinct, or prosecution district in which the officer was elected during the officer's term of office.
(2)(a) A county, district, precinct, or prosecution district officer shall maintain residency within the county, district, precinct, or prosecution district in which the officer was elected during the officer's term of office.
17-66-403.
17-66-403 .
17-67-201.
- 33 - H.B.
38 Enrolled Copy 17-67-201 .
(1) (a) An individual elected to the office of county assessor shall:
(1)(a) An individual elected to the office of county assessor shall:
and (ii) - 34 - HB0038 compared with HB0038S03 (A) be a state-licensed or state-certified appraiser;
and (ii)(A) be a state-licensed or state-certified appraiser;
or (B) if the individual filed a declaration of candidacy under Subsection (1)(b)(ii), become a state- licensed or state-certified appraiser no later than 36 months after the day on which the individual's term of office begins.
or (B) if the individual filed a declaration of candidacy under Subsection (1)(b)(ii), become a state-licensed or state-certified appraiser no later than 36 months after the day on which the individual's term of office begins.
[(b) (i) except as provided in Subsection (1)(b)(ii), become a state-licensed or state-certified appraiser no later than 36 months after the day on which the individual's term of office begins;
[(b)(i) except as provided in Subsection (1)(b)(ii), become a state-licensed or state-certified appraiser no later than 36 months after the day on which the individual's term of office begins;
or (ii) in a county of the fourth, fifth, or sixth class, as classified under Section 17-60-104, where no individual who is a state-licensed or state-certified appraiser files a declaration of candidacy for the office of county assessor within the first three days after the candidate filing period opens, any individual who meets the requirements of {Section 17-66-201} Subsections 17-66-201(1)(a) through (c).
or (ii) in a county of the fourth, fifth, or sixth class, as classified under Section 17-60-104, where no individual who is a state-licensed or state-certified appraiser files a declaration of candidacy for the office of county assessor within the first three days after the candidate filing period opens, any individual who meets the requirements of Subsections 17-66-201(1)(a) through (c).
(3) (a) If a vacancy described in Subsection (2) occurs, the county legislative body shall:
(3)(a) If a vacancy described in Subsection (2) occurs, the county legislative body shall:
(A) Section 17-66-203{;}[ and ] {(B)} {Section } ;
(A) Section 17-66-203[ and ] ;
- 35 - HB0038 compared with HB0038S03 (b) [The ] An individual who the county legislative body selects to fill [the] a vacancy as described in Subsection (3)(a)(i) shall be a state-licensed or state-certified appraiser before the individual assumes the office of county assessor.
(b) [The ] An individual who the county legislative body selects to fill [the] a vacancy as described in Subsection (3)(a)(i) shall be a state-licensed or state-certified appraiser before the individual assumes the office of county assessor.
(4) If the county legislative body cannot find an individual who meets the requirements described in [Subsection (1)] this section {this section }to fill a vacancy described in Subsection (2), the county legislative body may contract with a state-licensed or state-certified appraiser from outside the county to [fill] fulfill the duties of the county assessor for the remainder of the county assessor's term of office.
- 34 - Enrolled Copy H.B.
38 (4) If the county legislative body cannot find an individual who meets the requirements described in [Subsection (1)] this section to fill a vacancy described in Subsection (2), the county legislative body may contract with a state-licensed or state-certified appraiser from outside the county to [fill] fulfill the duties of the county assessor for the remainder of the county assessor's term of office.
17-69-101.
17-69-101 .
(2) (a) "Accounting services" means the creation, modification, or deletion of transactions and records in a financial accounting system, including the preparation of a county's annual financial report.
(2)(a) "Accounting services" means the creation, modification, or deletion of transactions and records in a financial accounting system, including the preparation of a county's annual financial report.
(5) (a) "Budget" or "budgeting" means the preparation or presentation of a proposed or tentative budget as provided in Chapter 63, Fiscal Authority and Processes.
(5)(a) "Budget" or "budgeting" means the preparation or presentation of a proposed or tentative budget as provided in Chapter 63, Fiscal Authority and Processes.
- 36 - HB0038 compared with HB0038S03 (6) (a) "Claim" means under the color of law:
(6)(a) "Claim" means under the color of law:
(b) "Claim" does not mean a routine, uncontested, or regular payment, including a bill, purchase, or payroll.
(b) "Claim" does not mean a routine, uncontested, or regular payment, including a bill, - 35 - H.B.
(7) (a) "County auditor" means the county officer elected as the county auditor under [Chapter 66, County Auditor] Chapter 69, County Auditor.
38 Enrolled Copy purchase, or payroll.
(7)(a) "County auditor" means the county officer elected as the county auditor under [ Chapter 66, County Auditor] Chapter 69, County Auditor.
17-69-103.
17-69-103 .
17-69-301.
17-69-301 .
- 37 - HB0038 compared with HB0038S03 (a) in accordance with Section [17-69-304] 17-69-401, an accounting duty or service described in this chapter;
(a) in accordance with Section [17-69-304] 17-69-401, an accounting duty or service described in this chapter;
(3) A county auditor may conduct, in relation to any county officer or county office, department, division, court, or entity, as the county auditor considers necessary, the following duties and services:
(3) A county auditor may conduct, in relation to any county officer or county office, department, division, court, or entity, as the county auditor considers necessary, the - 36 - Enrolled Copy H.B.
38 following duties and services:
Section 17-69-304.1 is renumbered and amended to read:
Section 17-69-304.1, which is renumbered from Section 17-69-308 is renumbered and amended to read:
[17-69-308] .
[17-69-308] 17-69-304.1 .
(1) (a) A county auditor:
(1)(a) A county auditor:
and - 38 - HB0038 compared with HB0038S03 (ii) may not conduct an investigation of an issue or action that is not associated with or related to the county auditor's statutory duties.
and (ii) may not conduct an investigation of an issue or action that is not associated with or related to the county auditor's statutory duties.
(b) A county officer, employee, or other county administrative entity shall grant the county auditor complete and free access to a book the county auditor requests in accordance with Subsection (1)(a) (i).
(b) A county officer, employee, or other county administrative entity shall grant the county auditor complete and free access to a book the county auditor requests in accordance with Subsection (1)(a)(i).
(2) A county auditor, after a complete investigation, shall prepare a report of the county auditor's findings and submit the report to the county executive if the county auditor finds that:
(2) A county auditor, after a complete investigation, shall prepare a report of the county auditor's findings and submit the report to the county executive if the county auditor - 37 - H.B.
38 Enrolled Copy finds that:
Section 17-69-401 is renumbered and amended to read:
Section 17-69-401, which is renumbered from Section 17-69-304 is renumbered and amended to read:
Accounting and County Finance Officer [17-69-304] .
Accounting and County Finance Officer [17-69-304] 17-69-401 .
- 39 - HB0038 compared with HB0038S03 (3) For a county operating under the council-manager form of county government as described in Section 17-62-204, if the county auditor provides preapproval or postpayment review for all payments by the county, the county council may by ordinance passed on or before December 31, 2021, delegate accounting services provided for or executed on behalf of the entire county:
(3) For a county operating under the council-manager form of county government as described in Section 17-62-204, if the county auditor provides preapproval or postpayment review for all payments by the county, the county council may by ordinance passed on or before December 31, 2021, delegate accounting services provided for or executed on behalf of the entire county:
and (iii) the adequate protection of a county asset;
and - 38 - Enrolled Copy H.B.
38 (iii) the adequate protection of a county asset;
Section 17-69-402 is renumbered and amended to read:
Section 17-69-402, which is renumbered from Section 17-69-305 is renumbered and amended to read:
[17-69-305] .
[17-69-305] 17-69-402 .
- 40 - HB0038 compared with HB0038S03 (2) The county [auditor] finance officer shall, in accordance with Title 63G, Chapter 2, Government Records Access and Management Act, remove from the county [auditor's] finance officer's files and destroy or otherwise dispose of:
(2) The county [auditor] finance officer shall, in accordance with Title 63G, Chapter 2, Government Records Access and Management Act, remove from the county [auditor's] finance officer's files and destroy or otherwise dispose of:
Section 17-69-403 is renumbered and amended to read:
Section 17-69-403, which is renumbered from Section 17-69-306 is renumbered and amended to read:
[17-69-306] .
[17-69-306] 17-69-403 .
(2) The county [auditor] finance officer and the county treasurer shall, as required by the county legislative body, make a joint report to the county executive and the county legislative body accounting for the county's financial condition.
(2) The county [auditor] finance officer and the county treasurer shall, as required by the - 39 - H.B.
38 Enrolled Copy county legislative body, make a joint report to the county executive and the county legislative body accounting for the county's financial condition.
Section 17-69-404 is renumbered and amended to read:
Section 17-69-404, which is renumbered from Section 17-69-307 is renumbered and amended to read:
[17-69-307] .
[17-69-307] 17-69-404 .
(1) (a) Subject to Subsection (1)(b), if a debt or demand against a county is fixed by law, the debt or demand shall be paid by:
(1)(a) Subject to Subsection (1)(b), if a debt or demand against a county is fixed by law, the debt or demand shall be paid by:
(2) (a) The county [auditor] finance officer shall:
(2)(a) The county [auditor] finance officer shall:
- 41 - HB0038 compared with HB0038S03 (i) distinctly specify on a warrant the liability for which the warrant is made and when the liability accrued;
(i) distinctly specify on a warrant the liability for which the warrant is made and when the liability accrued;
(a) number each remuneration consecutively, commencing annually on the first day of January;
- 40 - Enrolled Copy H.B.
38 (a) number each remuneration consecutively, commencing annually on the first day of January;
17-70-101.
17-70-101 .
[Reserved.]As used in this chapter, "finance officer" means the same as that term is defined in Section 17-66-101.
[Reserved.] As used in this chapter, "finance officer" means the same as that term is defined in Section 17-66-101.
17-70-103.
17-70-103 .
- 42 - HB0038 compared with HB0038S03 (1) In accordance with [Section 17-66-102] Sections 17-66-104 and 17-66-403, in counties having a taxable value of less than $100,000,000, the county clerk shall:
(1) In accordance with [Section 17-66-102] Sections 17-66-104 and 17-66-403, in counties having a taxable value of less than $100,000,000, the county clerk shall:
17-70-302.
17-70-302 .
(4) prepare and certify duplicate lists of all claims that:
- 41 - H.B.
38 Enrolled Copy (4) prepare and certify duplicate lists of all claims that:
- 43 - HB0038 compared with HB0038S03 (12) record all orders levying taxes;
(12) record all orders levying taxes;
(21) administer oaths;
- 42 - Enrolled Copy H.B.
38 (21) administer oaths;
17-70-403.
17-70-403 .
- 44 - HB0038 compared with HB0038S03 (b) a definition of "contribution" and "expenditure" that requires reporting of nonmonetary contributions such as in-kind contributions and contributions of tangible things;
(b) a definition of "contribution" and "expenditure" that requires reporting of nonmonetary contributions such as in-kind contributions and contributions of tangible things;
or (ii) an organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code;
or (ii) an organization that is exempt from federal income taxation under Section - 43 - H.B.
38 Enrolled Copy 501(c)(3), Internal Revenue Code;
and - 45 - HB0038 compared with HB0038S03 (B) if, under Subsection 20A-1-509.2(3), more than three attorneys submit an application to fill the vacancy, no later than three business days before the day on which the political party of the prior officeholder submits the candidate's name to the county legislative body as one of the three individuals the party nominates to fill the vacancy;
and (B) if, under Subsection 20A-1-509.2(3), more than three attorneys submit an application to fill the vacancy, no later than three business days before the day on which the political party of the prior officeholder submits the candidate's name to the county legislative body as one of the three individuals the party nominates to fill the vacancy;
(3) (a) As used in this Subsection (3), "account" means an account in a financial institution:
(3)(a) As used in this Subsection (3), "account" means an account in a financial institution:
and (ii) into which or from which a person who, as a candidate for an office, other than a county office for which the person files a declaration of candidacy or federal office, or as a holder of an office, other than a county office for which the person files a declaration of candidacy or federal office, deposits a contribution or makes an expenditure.
and (ii) into which or from which a person who, as a candidate for an office, other than a county office for which the person files a declaration of candidacy or federal office, or as a holder of an office, other than a county office for which the person files a declaration of candidacy or federal office, deposits a contribution or makes - 44 - Enrolled Copy H.B.
38 an expenditure.
- 46 - HB0038 compared with HB0038S03 (a) seven days before the date of the regular general election, reporting each contribution and each expenditure as of 10 days before the date of the regular general election;
(a) seven days before the date of the regular general election, reporting each contribution and each expenditure as of 10 days before the date of the regular general election;
(7) (a) The statement filed seven days before the regular general election shall include:
(7)(a) The statement filed seven days before the regular general election shall include:
(8) (a) As used in this Subsection (8), "account" means an account in a financial institution:
- 45 - H.B.
38 Enrolled Copy (8)(a) As used in this Subsection (8), "account" means an account in a financial institution:
- 47 - HB0038 compared with HB0038S03 (a) the treasurer of the state or a political subdivision for deposit into the state's or political subdivision's general fund;
(a) the treasurer of the state or a political subdivision for deposit into the state's or political subdivision's general fund;
(11) (a) A candidate seeking appointment to fill a midterm vacancy in a county office or local school board office shall:
(11)(a) A candidate seeking appointment to fill a midterm vacancy in a county office or local school board office shall:
(b) Upon receipt of the campaign financial statement described in Subsection (11)(a)(ii), the county clerk shall immediately submit a copy of the statement to the county legislative body.
- 46 - Enrolled Copy H.B.
38 (b) Upon receipt of the campaign financial statement described in Subsection (11)(a)(ii), the county clerk shall immediately submit a copy of the statement to the county legislative body.
(13) (a) Counties may, by ordinance, enact requirements that:
(13)(a) Counties may, by ordinance, enact requirements that:
(15) - 48 - HB0038 compared with HB0038S03 (a) The county clerk shall disqualify a candidate and inform the appropriate election officials that the candidate is disqualified if the candidate fails to file an interim report described in Subsection (14) within 24 hours after the deadline for filing the report.
(15)(a) The county clerk shall disqualify a candidate and inform the appropriate election officials that the candidate is disqualified if the candidate fails to file an interim report described in Subsection (14) within 24 hours after the deadline for filing the report.
(iii) post notice of the disqualification on the county's website;
- 47 - H.B.
38 Enrolled Copy (iii) post notice of the disqualification on the county's website;
(19) - 49 - HB0038 compared with HB0038S03 (a) A report is considered timely filed if:
(19)(a) A report is considered timely filed if:
(20) (a) Any private party in interest may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to enforce the provisions of this section or any ordinance adopted under this section.
(20)(a) Any private party in interest may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to enforce the provisions of this section or any ordinance adopted under this section.
(a) make each campaign finance statement filed by a candidate available for public inspection and copying no later than one business day after the statement is filed;
(a) make each campaign finance statement filed by a candidate available for public - 48 - Enrolled Copy H.B.
38 inspection and copying no later than one business day after the statement is filed;
17-71-103.
17-71-103 .
- 50 - HB0038 compared with HB0038S03 Section 42.
Section 42.
17-71-302.
17-71-302 .
] [(v) the time the county recorder recorded the instrument;
] - 49 - H.B.
38 Enrolled Copy [(v) the time the county recorder recorded the instrument;
and ] [(viii) a brief description of the instrument;] - 51 - HB0038 compared with HB0038S03 [(d) keep a mortgagors' index, in which the recorder shall enter all mortgages, deeds of trust, liens, and other instruments in the nature of an encumbrance upon real estate, which shall show:
and ] [(viii) a brief description of the instrument;] [(d) keep a mortgagors' index, in which the recorder shall enter all mortgages, deeds of trust, liens, and other instruments in the nature of an encumbrance upon real estate, which shall show:
] [(i) the instrument's entry number in the county recorder's entry record;
] - 50 - Enrolled Copy H.B.
38 [(i) the instrument's entry number in the county recorder's entry record;
and ] [(v) the instrument's entry number in the county recorder's entry record;] [(g) keep an index of recorded maps, plats, and subdivisions;] - 52 - HB0038 compared with HB0038S03 [(h) keep an index of powers of attorney showing:
and ] [(v) the instrument's entry number in the county recorder's entry record;] [(g) keep an index of recorded maps, plats, and subdivisions;] [(h) keep an index of powers of attorney showing:
] [(i) the judgment debtors;
] - 51 - H.B.
38 Enrolled Copy [(i) the judgment debtors;
] [(ii) (A) the book and page of the entry record where the county recorder entered the instrument;
] [(ii)(A) the book and page of the entry record where the county recorder entered the instrument;
and] - 53 - HB0038 compared with HB0038S03 [(m)] (a) upon acceptance and recording of an instrument:
and] [(m)] (a) upon acceptance and recording of an instrument:
and (F) if applicable, by water right number;
and - 52 - Enrolled Copy H.B.
38 (F) if applicable, by water right number;
and (ii) if a property owner elects to receive electronic notice as described in Subsection [(1)(m)(i)] (1) (b)(i), within 30 days after the day on which the county recorder records a deed or a mortgage as defined in Section 70D-1-102 on real property, provide an electronic notice of the recording to each property owner.
and (ii) if a property owner elects to receive electronic notice as described in Subsection [ (1)(m)(i)] (1)(b)(i), within 30 days after the day on which the county recorder records a deed or a mortgage as defined in Section 70D-1-102 on real property, provide an electronic notice of the recording to each property owner.
(2) Upon request, a county recorder may provide the notice described in Subsection [(1)(m)(ii)] (1)(b) (ii) to a property owner by a means other than electronic.
(2) Upon request, a county recorder may provide the notice described in Subsection [ (1)(m)(ii)] (1)(b)(ii) to a property owner by a means other than electronic.
[(4) The recorder shall alphabetically arrange the indexes required by this section and keep a reverse index.] [(5)] (4) - 54 - HB0038 compared with HB0038S03 (a) The [tract ]index required by Subsection [(1)(f)] (1) shall be kept so that [it] the index shows a true chain of title to each tract or parcel, together with each encumbrance on the tract or parcel, according to the records of the county recorder's office.
[(4) The recorder shall alphabetically arrange the indexes required by this section and keep a reverse index.] [(5)] (4)(a) The [tract ]index required by Subsection [(1)(f)] (1) shall be kept so that [it] the index shows a true chain of title to each tract or parcel, together with each encumbrance on the tract or parcel, according to the records of the county recorder's office.
(e) A person may not bring an action against a recorder for injuries or damages suffered as a result of information contained in an instrument recorded in [a tract index or other] an index that is required by this section despite errors, omissions, or defects in the instrument.
- 53 - H.B.
(f) The fact that a recorded instrument [described in Subsection (3)(e) ]is included in the [tract ]index does not cure a failure to give public notice caused by an error, omission, or defect.
38 Enrolled Copy (e) A person may not bring an action against a recorder for injuries or damages suffered as a result of information contained in an instrument recorded in [a tract index or other] an index that is required by this section despite errors, omissions, or defects in the instrument.
(f) The fact that a recorded instrument [described in Subsection (3)(e) ]is included in the [ tract ]index does not cure a failure to give public notice caused by an error, omission, or defect.
17-71-407.
17-71-407 .
- 55 - HB0038 compared with HB0038S03 (a) paid;
(a) paid;
(3) (a) [The ] Subject to Subsection (3)(b), a county recorder shall charge and receive the following fees:
(3)(a) [The ] Subject to Subsection (3)(b), a county recorder shall charge and receive the following fees:
[(a)] (i) for recording any instrument, not otherwise provided for, other than bonds of public officers, {[$40{]} $45};
[(a)] (i) for recording any instrument, not otherwise provided for, other than bonds of public officers, $40;
[(b)] (ii) [(i)] (A) for recording any instrument, including those provided for under Title 70A, Uniform Commercial Code, other than bonds of public officers, and not otherwise provided for, {[$40{]} $45};
[(b)] (ii)[(i)] (A) for recording any instrument, including those provided for under Title 70A, Uniform Commercial Code, other than bonds of public officers, and not otherwise provided for, $40;
[(c)] (iii) for recording mining location notices and affidavits of labor affecting mining claims, {[$40{]} $45};
- 54 - Enrolled Copy H.B.
38 [(c)] (iii) for recording mining location notices and affidavits of labor affecting mining claims, $40;
(f){(vi)} for recording any plat, {$55 } $50 for each sheet and $2 for each lot or unit designation;
(vi) for recording any plat, $50 for each sheet and $2 for each lot or unit designation;
(g){(vii)} for recording any license issued by the Division of Professional Licensing, {$45} $40;
(vii) for recording any license issued by the Division of Professional Licensing, $40;
(h){(viii)} for recording a federal tax lien, {$45} $40;
(viii) for recording a federal tax lien, $40;
and (i){(ix)} for recording the discharge of a federal tax lien, {$45} $40.
and (ix) for recording the discharge of a federal tax lien, $40.
{(4)} {(a)} A county of the second, third, fourth, fifth, or sixth class, as classified under Section 17-60-104, shall charge and receive an additional $5 for each service described in Subsection (3)(a), other than for the additional $2 for each additional description or mining claim as described in Subsections (3) (a)(ii)(B) and (iv), unless the county has a balance in the restricted account into which recording fees are deposited.
(b) A county of the second, third, fourth, fifth, or sixth class, as classified under Section 17-60-104, shall charge and receive an additional $5 for each service described in Subsection (3)(a), other than for the additional $2 for each additional description or mining claim as described in Subsections (3)(a)(ii)(B) and (iv), unless the county has a balance in the restricted account into which recording fees are deposited.
- 56 - HB0038 compared with HB0038S03 (4) (a) Each county recorder shall record the mining rules of the several mining districts in each county without a fee.
(4)(a) Each county recorder shall record the mining rules of the several mining districts in each county without a fee.
(7) A county recorder may provide records or information within records to a requesting entity on a subscription basis.
(7) A county recorder may provide records or information within records to a requesting - 55 - H.B.
38 Enrolled Copy entity on a subscription basis.
17-71-408.
17-71-408 .
- 57 - HB0038 compared with HB0038S03 17-71-503.
17-71-503 .
17-73-102.
17-73-102 .
(2) (2)(a) If a county contracts with a licensed professional land surveyor, as described in Section 17-73-201:
(2)(a) If a county contracts with a licensed professional land surveyor, as described in - 56 - Enrolled Copy H.B.
(a)(i) the county may, by contract, authorize the licensed professional land surveyor to use the seal described in Subsection (1);
38 Section 17-73-201:
or (b)(ii) the licensed professional land surveyor shall use the licensed professional land surveyor's personal seal.
(i) the county may, by contract, authorize the licensed professional land surveyor to use the seal described in Subsection (1);
or (ii) the licensed professional land surveyor shall use the licensed professional land surveyor's personal seal.
- 58 - HB0038 compared with HB0038S03 Section 47.
Section 47.
17-73-201.
17-73-201 .
(1) (a) The office of the county surveyor in each county shall be filled by:
(1)(a) The office of the county surveyor in each county shall be filled by:
(b) In a county where the office of county surveyor is consolidated with another elected county office, as provided in Section 17-66-104, all [county surveying work] duties of the county surveyor shall be performed by a licensed professional land surveyor{ who contracts with the county}.
(b) In a county where the office of county surveyor is consolidated with another elected county office, as provided in Section 17-66-104, all [county surveying work] duties of the county surveyor shall be performed by a licensed professional land surveyor.
{(ii)} or (B) hire as a county employee a licensed professional land surveyor to perform the duties of a county surveyor;
or (B) hire as a county employee a licensed professional land surveyor to perform the duties of a county surveyor;
(d) A licensed professional land surveyor who contracts with or is hired by the county as described in {Subsections (1)(b) and (c) } Subsection (1)(c) shall fulfill the duties of the county surveyor as described in this chapter or , if applicable, as described in the county contract.
(d) A licensed professional land surveyor who contracts with or is hired by the county as - 57 - H.B.
38 Enrolled Copy described in Subsection (1)(c) shall fulfill the duties of the county surveyor as described in this chapter or, if applicable, as described in the county contract.
and - 59 - HB0038 compared with HB0038S03 (b) all orders of survey required by the county executive or county legislative body.
and (b) all orders of survey required by the county executive or county legislative body.
(3) (a) The county surveyor [of each county ]shall:
(3)(a) The county surveyor [of each county ]shall:
(4) (a) The county surveyor or the county surveyor's designee shall establish all corners of government surveys and reestablish all corners of government surveys where corners have been destroyed and where witness markers or other evidence of the government corners remain so that the corners established by government survey can be positively located.
(4)(a) The county surveyor or the county surveyor's designee shall establish all corners of government surveys and reestablish all corners of government surveys where corners have been destroyed and where witness markers or other evidence of the government corners remain so that the corners established by government survey can be positively located.
(c) The county surveyor shall keep a separate record of the established and reestablished corners of government surveys, giving the date and names of persons present and shall provide those records to the county surveyor's successor when the county surveyor vacates office.
(c) The county surveyor shall keep a separate record of the established and reestablished - 58 - Enrolled Copy H.B.
38 corners of government surveys, giving the date and names of persons present and shall provide those records to the county surveyor's successor when the county surveyor vacates office.
- 60 - HB0038 compared with HB0038S03 (5) The county executive or legislative body may direct the county surveyor or county surveyor staff to perform engineering and architectural work if the county surveyor or county surveyor staff is qualified and licensed to perform that work.
(5) The county executive or legislative body may direct the county surveyor or county surveyor staff to perform engineering and architectural work if the county surveyor or county surveyor staff is qualified and licensed to perform that work.
17-73-502.
17-73-502 .
(2) (a) A county legislative body may enact an ordinance requiring a person to obtain a permit before performing construction work within 30 feet of an established government survey monument or public land survey government corner location.
(2)(a) A county legislative body may enact an ordinance requiring a person to obtain a permit before performing construction work within 30 feet of an established government survey monument or public land survey government corner location.
(c) (i) A county may charge a fee for a permit described in Subsection (2)(a), in accordance with this Subsection (2)(c).
(c)(i) A county may charge a fee for a permit described in Subsection (2)(a), in accordance with this Subsection (2)(c).
and (B) the county shall provide to the permit holder the necessary [brass monument, ring, and lid] monument for the permit holder's work described in Subsection [(2)(c)(iv)(A)] (2)(c)(iii)(A).
and - 59 - H.B.
- 61 - HB0038 compared with HB0038S03 (d) A county shall provide a system allowing a person to apply electronically for and the county to approve or deny electronically a permit described in Subsection (2)(a).
38 Enrolled Copy (B) the county shall provide to the permit holder the necessary [brass monument, ring, and lid] monument for the permit holder's work described in Subsection [ (2)(c)(iv)(A)] (2)(c)(iii)(A).
(d) A county shall provide a system allowing a person to apply electronically for and the county to approve or deny electronically a permit described in Subsection (2)(a).
(7) (a) The county may, by ordinance, establish a civil penalty for a violation of:
(7)(a) The county may, by ordinance, establish a civil penalty for a violation of:
17-73-504.
- 60 - Enrolled Copy H.B.
38 17-73-504 .
(1) - 62 - HB0038 compared with HB0038S03 (a) (i) Each professional land surveyor making a boundary survey of lands within this state to establish or reestablish a boundary line[ or to obtain data for constructing a map or plat{]} showing a boundary line] shall file a map of the survey that meets the requirements of this section with the county surveyor or designated office within 90 days of the establishment or reestablishment of a boundary.
(1)(a)(i) Each professional land surveyor making a boundary survey of lands within this state to establish or reestablish a boundary line[ or to obtain data for constructing a map or plat showing a boundary line] shall file a map of the survey that meets the requirements of this section with the county surveyor or designated office within 90 days of the establishment or reestablishment of a boundary.
(ii) A professional land surveyor who fails to file a map of the survey as required by Subsection (1) (a)(i) is guilty of an infraction.
(ii) A professional land surveyor who fails to file a map of the survey as required by Subsection (1)(a)(i) is guilty of an infraction.
(3) (a) The map shall contain a written narrative that explains and identifies:
(3)(a) The map shall contain a written narrative that explains and identifies:
(b) If the narrative is a separate document, it shall contain:
- 61 - H.B.
- 63 - HB0038 compared with HB0038S03 (i) the location of the survey by quarter section and by township and range;
38 Enrolled Copy (b) If the narrative is a separate document, it shall contain:
(i) the location of the survey by quarter section and by township and range;
(5) (a) Any monument set by a licensed professional land surveyor to mark or reference a point on a property or land line shall be durably and visibly marked or tagged with the registered business name or the letters "L.S." followed by the registration number of the surveyor in charge.
(5)(a) Any monument set by a licensed professional land surveyor to mark or reference a point on a property or land line shall be durably and visibly marked or tagged with the registered business name or the letters "L.S." followed by the registration number of the surveyor in charge.
(6) (a) If, in the performance of a survey, a surveyor finds or makes any changes to the section corner or quarter-section corner, or their accessories, the surveyor shall complete and submit to the county surveyor or designated office a record of the changes made.
(6)(a) If, in the performance of a survey, a surveyor finds or makes any changes to the section corner or quarter-section corner, or their accessories, the surveyor shall complete and submit to the county surveyor or designated office a record of the changes made.
17-73-507.
17-73-507 .
- 64 - HB0038 compared with HB0038S03 (1) Upon request and in consultation with the county recorder, the county surveyor of each county in which property depicted on a plat is located shall determine whether the plat is a final local entity plat.
(1) Upon request and in consultation with the county recorder, the county surveyor of each county in which property depicted on a plat is located shall determine whether the plat is - 62 - Enrolled Copy H.B.
(2) (a) If a county surveyor determines that a plat meets the requirements of Subsection (3), the county surveyor shall approve the plat as a final local entity plat.
38 a final local entity plat.
(2)(a) If a county surveyor determines that a plat meets the requirements of Subsection (3), the county surveyor shall approve the plat as a final local entity plat.
and - 65 - HB0038 compared with HB0038S03 (ii) the county recorder to identify, for tax purposes, each tract or parcel included within the boundary;
and (ii) the county recorder to identify, for tax purposes, each tract or parcel included within the boundary;
(ii) the name of each county within which any property depicted on the plat is located;
- 63 - H.B.
38 Enrolled Copy (ii) the name of each county within which any property depicted on the plat is located;
{(5) } (5) A county surveyor may charge a newly created political subdivision, and a newly created political subdivision shall pay, a fee described in Subsection (4) following the lieutenant governor's issuance of a certificate of incorporation for the new political subdivision:
(5) A county surveyor may charge a newly created political subdivision, and a newly created political subdivision shall pay, a fee described in Subsection (4) following the lieutenant governor's issuance of a certificate of incorporation for the new political subdivision:
(a) {A } for survey work the county surveyor {may charge a fee described in Subsection (4) to an infrastructure financing district created under Title 17B, Chapter 2a, Part 13, Infrastructure Financing District, } completed that was required for or {a public infrastructure district created under Title 17D, Chapter 4, Public Infrastructure District Act, following the lieutenant governor's issuance of a certificate of incorporation } associated with the formation of the {infrastructure - 66 - HB0038 compared with HB0038S03 financing district or public infrastructure district, even if the county surveyor incurred the cost before the certificate of incorporation is issued.} new political subdivision;
(a) for survey work the county surveyor completed that was required for or associated with the formation of the new political subdivision;
and (b) {An infrastructure financing district and a public infrastructure district shall pay a fee described in Subsection (5)(a)} even if the county surveyor conducted the survey work before the certificate of incorporation is issued.
and (b) even if the county surveyor conducted the survey work before the certificate of incorporation is issued.
17-74-101.
17-74-101 .
17-74-301.
17-74-301 .
The county treasurer shall:
- 64 - Enrolled Copy H.B.
38 The county treasurer shall:
17-74-302.
17-74-302 .
- 67 - HB0038 compared with HB0038S03 (2) Except as provided in Subsection (4), the county treasurer shall execute payment for a warrant when:
(2) Except as provided in Subsection (4), the county treasurer shall execute payment for a warrant when:
(3) Upon receiving the notice from the county [auditor] finance officer under Section [17-69-307] 17-69-404 and if there is adequate money in the treasury, the treasurer shall, by check or other payment mechanism, make any payment not already paid by warrant.
(3) Upon receiving the notice from the county [auditor] finance officer under Section [ 17-69-307] 17-69-404 and if there is adequate money in the treasury, the treasurer shall, by check or other payment mechanism, make any payment not already paid by warrant.
(5) Before providing certain funding to a community reinvestment agency created under Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act, a treasurer shall consult with the community reinvestment agency as described in Section 17C-1-409.
(5) Before providing certain funding to a community reinvestment agency created under Title 17C, Limited Purpose Local Government Entities - Community Reinvestment - 65 - H.B.
38 Enrolled Copy Agency Act, a treasurer shall consult with the community reinvestment agency as described in Section 17C-1-409.
Section 33.
Section 33 is enacted to read:
17-74-303.
Treasurer duties to special district under interlocal agreement.
The treasurer may approve of or consent to the county entering an interlocal agreement with a special district for the county treasurer to bill and collect service fees on behalf of the special district, as described in Section 17B-1-901.
Section 54 is enacted to read:
Section 17-74-304 is enacted to read:
17-74-304.
17-74-304 .
Treasurer duties to special district under interlocal agreement.
Treasurer duties to special district under agreement.
17-74-402.
17-74-402 .
- 68 - HB0038 compared with HB0038S03 (2) The county treasurer shall assist the county [auditor] finance officer to fulfill the reporting obligations described in Section [17-69-306] 17-69-403.
(2) The county treasurer shall assist the county [auditor] finance officer to fulfill the reporting obligations described in Section [17-69-306] 17-69-403.
17-75-201.
17-75-201 .
(1) (a) A county or precinct officer, including an elected county executive, except a county commissioner or county council member, may, with the consent of the county legislative body, appoint deputies and employees as necessary for the discharge of the duties of the county officer's office.
(1)(a) A county or precinct officer, including an elected county executive, except a county commissioner or county council member, may, with the consent of the county legislative body, appoint deputies and employees as necessary for the discharge of the duties of the county officer's office.
(2) If a county clerk performs district court clerk functions, the legislative body of the county shall provide the county clerk with deputies and employees for the business of the district court:
(2) If a county clerk performs district court clerk functions, the legislative body of the - 66 - Enrolled Copy H.B.
38 county shall provide the county clerk with deputies and employees for the business of the district court:
(3) (a) Each county officer appointing a deputy shall, for each deputy appointed:
(3)(a) Each county officer appointing a deputy shall, for each deputy appointed:
- 69 - HB0038 compared with HB0038S03 17-75-403.
17-75-403 .
(1) (a) Any county to which the provisions of Part 5, Career Service, and Part 6, Office of Personnel Management, apply shall establish in the county's personnel rules a grievance and appeals procedure.
(1)(a) Any county to which the provisions of Part 5, Career Service, and Part 6, Office of Personnel Management, apply shall establish in the county's personnel rules a grievance and appeals procedure.
(2) (a) A county career service employee that accuses a county of discriminatory or prohibited employment practice as prohibited by Section 34A-5-106, may file a complaint with the Division of Antidiscrimination and Labor created in Section 34A-1-202.
(2)(a) A county career service employee that accuses a county of discriminatory or prohibited employment practice as prohibited by Section 34A-5-106, may file a complaint with the Division of Antidiscrimination and Labor created in Section 34A-1-202.
(b) A county employee that files a complaint with the Division of Antidiscrimination and Labor shall file the complaint within 30 days after the day on which the [council] body that heard the grievance and appeal issues a written decision on the county employee's grievance or appeal.
(b) A county employee that files a complaint with the Division of Antidiscrimination and Labor shall file the complaint within 30 days after the day on which the [council] - 67 - H.B.
38 Enrolled Copy body that heard the grievance and appeal issues a written decision on the county employee's grievance or appeal.
17-75-501.
17-75-501 .
(1) (a) (i) [There shall be in each county establishing a] Each county that establishes a career service system shall:
(1)(a)(i) [There shall be in each county establishing a] Each county that establishes a career service system shall:
or - 70 - HB0038 compared with HB0038S03 (B) hire or contract with an administrative law judge, trained and experienced in personnel matters, to fulfill the duties of a career service council described in Subsections (1)(b) and (c).
or (B) hire or contract with an administrative law judge, trained and experienced in personnel matters, to fulfill the duties of a career service council described in Subsections (1)(b) and (c).
(iii) (A) The county executive may appoint alternate members of the council to hear appeals that one or more regular council members are unable to hear.
(iii)(A) The county executive may appoint alternate members of the council to hear appeals that one or more regular council members are unable to hear.
(i) may make an initial determination in each appeal whether the appeal is one of the types of matters under Subsection (1)(b)[ over which the council has jurisdiction];
- 68 - Enrolled Copy H.B.
38 (i) may make an initial determination in each appeal whether the appeal is one of the types of matters under Subsection (1)(b)[ over which the council has jurisdiction];
[(iv) may affirm, modify, vacate, or set aside an order for disciplinary action.] (d) - 71 - HB0038 compared with HB0038S03 (i) An individual adversely affected by a decision of the council or an administrative law judge may appeal the decision to the [district court] county governing body.
[(iv) may affirm, modify, vacate, or set aside an order for disciplinary action.] (d)(i) An individual adversely affected by a decision of the council or an administrative law judge may appeal the decision to the [district court] county governing body.
(ii) (A) After receiving an appeal under Subsection (1)(d)(i), the county governing body shall issue a final decision, affirming or rejecting the decision of the council or administrative law judge.
(ii)(A) After receiving an appeal under Subsection (1)(d)(i), the county governing body shall issue a final decision, affirming or rejecting the decision of the council or administrative law judge.
[(ii)] (iv) An appeal to the district court under this Subsection (1)(d) is barred unless [it] the appeal is filed within 30 days after the day on which the [council{ or administrative law judge} issues the council's {or administrative law judge's }decision] county governing body issues the final decision.
[(ii)] (iv) An appeal to the district court under this Subsection (1)(d) is barred unless [it] the appeal is filed within 30 days after the day on which the [council issues the council's decision] county governing body issues the final decision.
(2) (a) A council member shall serve a term of three years that expires on June 30, three years after the county executive appointed the council member.
(2)(a) A council member shall serve a term of three years that expires on June 30, three years after the county executive appointed the council member.
(d) Each council member shall hold office until the council member's successor is appointed and confirmed.
- 69 - H.B.
38 Enrolled Copy (d) Each council member shall hold office until the council member's successor is appointed and confirmed.
- 72 - HB0038 compared with HB0038S03 [(i) receiving a copy of the charges against the council member;
[(i) receiving a copy of the charges against the council member;
[(b) authorize witness fees when the council deems appropriate, to be paid at the same rate as in justice courts.] (8) (a) A council member shall receive compensation for attending each day or partial day the council is in session at a per diem rate established in accordance with Section 11-55-103.
[(b) authorize witness fees when the council deems appropriate, to be paid at the same rate as in justice courts.] (8)(a) A council member shall receive compensation for attending each day or partial day the council is in session at a per diem rate established in accordance with Section 11-55-103.
(9) (a) A county legislative body may appoint one or more administrative law judges to hear appeals referred by a council under this section.
(9)(a) A county legislative body may appoint one or more administrative law judges to hear appeals referred by a council under this section.
(10) - 73 - HB0038 compared with HB0038S03 (a) A council may refer an appeal to an administrative law judge appointed under Subsection (9) if the council determines that the referral is in each party's best interest.
- 70 - Enrolled Copy H.B.
38 (10)(a) A council may refer an appeal to an administrative law judge appointed under Subsection (9) if the council determines that the referral is in each party's best interest.
(11) (a) A council shall refer an appeal to an administrative law judge appointed under Subsection (9) if the county employee or county official assigned by the county executive or county legislative body to manage personnel functions requests that the appeal be referred.
(11)(a) A council shall refer an appeal to an administrative law judge appointed under Subsection (9) if the county employee or county official assigned by the county executive or county legislative body to manage personnel functions requests that the appeal be referred.
17-75-502.
17-75-502 .
- 74 - HB0038 compared with HB0038S03 (iv) each duly appointed chief deputy of any elected county officer who takes over and discharges the duties of the elected county officer in the absence or disability of the elected county officer;
- 71 - H.B.
38 Enrolled Copy (iv) each duly appointed chief deputy of any elected county officer who takes over and discharges the duties of the elected county officer in the absence or disability of the elected county officer;
(2) (a) [Before ] Subject to Subsection (2)(b), before a position under Subsection (1)(b)(i) may be changed from [its] the position's current status to exempt or tenured, the [council] legislative body shall, after giving due notice, hold a public hearing on the proposed change of status.
(2)(a) [Before ] Subject to Subsection (2)(b), before a position under Subsection (1)(b)(i) may be changed from [its] the position's current status to exempt or tenured, the [council] legislative body shall, after giving due notice, hold a public hearing on the proposed change of status.
(3) (a) Subsection (1)(b)(v) may not be construed to cause an individual serving as a nonexempt county employee on May 5, 2008, in a position described in that subsection to lose the nonexempt status.
(3)(a) Subsection (1)(b)(v) may not be construed to cause an individual serving as a nonexempt county employee on May 5, 2008, in a position described in that - 72 - Enrolled Copy H.B.
- 75 - HB0038 compared with HB0038S03 (b) The elected county officer in a supervisory position over a county employee described in Subsection (3)(a) shall work with the county's office of personnel management to develop financial and other incentives to encourage a nonexempt employee to convert voluntarily to exempt status.
38 subsection to lose the nonexempt status.
(4) (a) County policies made in conformity with this part shall list by job title and county department, office or agency, each position designated as exempt under Subsection (1)(b)(xi).
(b) The elected county officer in a supervisory position over a county employee described in Subsection (3)(a) shall work with the county's office of personnel management to develop financial and other incentives to encourage a nonexempt employee to convert voluntarily to exempt status.
(4)(a) County policies made in conformity with this part shall list by job title and county department, office or agency, each position designated as exempt under Subsection (1)(b)(xi).
17-75-503.
17-75-503 .
17-75-602.
17-75-602 .
(c) advise the county legislative body, county executive, and any county officer on the use of human resources;
- 73 - H.B.
38 Enrolled Copy (c) advise the county legislative body, county executive, and any county officer on the use of human resources;
- 76 - HB0038 compared with HB0038S03 (ii) safety;
(ii) safety;
[(e) (i) investigate periodically the operation and effect of this chapter and of the policies made under this chapter;
[(e)(i) investigate periodically the operation and effect of this chapter and of the policies made under this chapter;
(2) [(a) The ] In a county subject to this chapter:
(2)[(a) The ] In a county subject to this chapter:
(A) minorities;
- 74 - Enrolled Copy H.B.
- 77 - HB0038 compared with HB0038S03 (B) women;
38 (A) minorities;
(B) women;
and (iii) a valid, reliable, and objective system of ranking eligible applicants according to [their] the eligible applicant's qualifications and merit;
and (iii) a valid, reliable, and objective system of ranking eligible applicants according to [ their] the eligible applicant's qualifications and merit;
(h) (i) permanent appointment for entry to the career service that is contingent upon a probationary county employee's satisfactory performance during a six-month probationary period;
(h)(i) permanent appointment for entry to the career service that is contingent upon a probationary county employee's satisfactory performance during a six-month probationary period;
(i) temporary, provisional, or other noncareer service appointments, which may not:
- 75 - H.B.
- 78 - HB0038 compared with HB0038S03 (i) be used to defeat the purpose of the career service;
38 Enrolled Copy (i) temporary, provisional, or other noncareer service appointments, which may not:
(i) be used to defeat the purpose of the career service;
(k) (i) promotion and career ladder advancement of county employees to higher level positions;
(k)(i) promotion and career ladder advancement of county employees to higher level positions;
(n) (i) keeping records of performance on all county employees in the career service;
(n)(i) keeping records of performance on all county employees in the career service;
- 79 - HB0038 compared with HB0038S03 (C) promotions;
- 76 - Enrolled Copy H.B.
38 (C) promotions;
and - 80 - HB0038 compared with HB0038S03 (iii) leave programs;
and (iii) leave programs;
and (u) any other requirements authorized by the county governing body not inconsistent with this chapter that are proper for the chapter's enforcement.
and (u) any other requirements authorized by the county governing body not inconsistent - 77 - H.B.
38 Enrolled Copy with this chapter that are proper for the chapter's enforcement.
17-75-604.
17-75-604 .
17-75-702.
17-75-702 .
17-76-402.
17-76-402 .
and - 81 - HB0038 compared with HB0038S03 (b) compensates the nonexempt employee for overtime at a rate of one and one-half times the nonexempt employee's regular hourly rate.
and (b) compensates the nonexempt employee for overtime at a rate of one and one-half times the nonexempt employee's regular hourly rate.
17-78-201.
17-78-201 .
(1) A county may provide for the development of the county's mineral, water, [manpower] personnel, industrial, historical, cultural, and other resources.
- 78 - Enrolled Copy H.B.
38 (1) A county may provide for the development of the county's mineral, water, [ manpower] personnel, industrial, historical, cultural, and other resources.
17-78-605.
17-78-605 .
(1) (a) Except as provided in Subsections (3) and (6), a constable shall be paid in criminal matters for each copy of a summons, subpoena, notice, court order, or other criminal paper as follows:
(1)(a) Except as provided in Subsections (3) and (6), a constable shall be paid in criminal matters for each copy of a summons, subpoena, notice, court order, or other criminal paper as follows:
(3) (a) A constable may charge a county a fee of $1 for each mile traveled for the purpose of serving, or to diligently attempt service of, a warrant of arrest, both in going to and returning from the defendant's address.
(3)(a) A constable may charge a county a fee of $1 for each mile traveled for the purpose of serving, or to diligently attempt service of, a warrant of arrest, both in going to and returning from the defendant's address.
- 82 - HB0038 compared with HB0038S03 (c) A constable shall individually document each charge under this Subsection (3) on the affidavit of return of service.
(c) A constable shall individually document each charge under this Subsection (3) on the affidavit of return of service.
(5) (a) Accounts against the county filed by constables for services in criminal cases shall be:
(5)(a) Accounts against the county filed by constables for services in criminal cases shall be:
and (ii) presented to the county auditor or county finance officer, as that term is defined in Section 17-66-101.
and (ii) presented to the county auditor or county finance officer, as that term is defined - 79 - H.B.
38 Enrolled Copy in Section 17-66-101.
17-78-807.
17-78-807 .
17B-1-102.
17B-1-102 .
- 83 - HB0038 compared with HB0038S03 (2) "Basic special district":
(2) "Basic special district":
and (ii) the district's board of trustees, in [its ] the board's discretion, treats as a bond for purposes of Title 11, Chapter 14, Local Government Bonding Act, or Title 11, Chapter 27, Utah Refunding Bond Act.
and - 80 - Enrolled Copy H.B.
38 (ii) the district's board of trustees, in [its ] the board's discretion, treats as a bond for purposes of Title 11, Chapter 14, Local Government Bonding Act, or Title 11, Chapter 27, Utah Refunding Bond Act.
and - 84 - HB0038 compared with HB0038S03 (b) does not include:
and (b) does not include:
(b) that is required before a special district may provide a service requested by a service applicant;
- 81 - H.B.
38 Enrolled Copy (b) that is required before a special district may provide a service requested by a service applicant;
(15) "Mosquito abatement district" means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 7, Mosquito Abatement District Act, including an - 85 - HB0038 compared with HB0038S03 entity that was created and operated as a mosquito abatement district under the law in effect before April 30, 2007.
(15) "Mosquito abatement district" means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 7, Mosquito Abatement District Act, including an entity that was created and operated as a mosquito abatement district under the law in effect before April 30, 2007.
(19) "Person" means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity.
(19) "Person" means an individual, corporation, partnership, organization, association, trust, - 82 - Enrolled Copy H.B.
38 governmental agency, or other legal entity.
- 86 - HB0038 compared with HB0038S03 (25) "Rules of order and procedure" means a set of rules that govern and prescribe in a public meeting:
(25) "Rules of order and procedure" means a set of rules that govern and prescribe in a public meeting:
(27) "Service area" means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was created and operated as a county service area or a regional service area under the law in effect before April 30, 2007.
(27) "Service area" means a special district that operates under and is subject to the - 83 - H.B.
38 Enrolled Copy provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was created and operated as a county service area or a regional service area under the law in effect before April 30, 2007.
or (b) (i) this chapter;
or (b)(i) this chapter;
and (ii) (A) Chapter 2a, Part 1, Cemetery Maintenance District Act;
and (ii)(A) Chapter 2a, Part 1, Cemetery Maintenance District Act;
- 87 - HB0038 compared with HB0038S03 [(L) Chapter 2a, Part 13, Infrastructure Financing Districts.] (32) "Specialized special district" means a special district that is a cemetery maintenance district, a drainage district, a fire protection district, an improvement district, an irrigation district, a metropolitan water district, a mosquito abatement district, a public transit district, a service area, a water conservancy district, or a municipal services district[, or an infrastructure financing district].
[(L) Chapter 2a, Part 13, Infrastructure Financing Districts.] (32) "Specialized special district" means a special district that is a cemetery maintenance district, a drainage district, a fire protection district, an improvement district, an irrigation district, a metropolitan water district, a mosquito abatement district, a public transit district, a service area, a water conservancy district, or a municipal services district[, or an infrastructure financing district].
and (b) that matures within the same fiscal year as the fiscal year in which the bond is issued.
and - 84 - Enrolled Copy H.B.
38 (b) that matures within the same fiscal year as the fiscal year in which the bond is issued.
17B-1-403.
17B-1-403 .
(2) (a) For a district whose board of trustees is elected by electors based on the acre-feet of water allotted to the land owned by the elector and subject to Subsection (4), the process to annex an area to the special district is initiated by a petition signed by the owners of all of the acre-feet of water allotted to the land proposed for annexation.
(2)(a) For a district whose board of trustees is elected by electors based on the acre-feet of water allotted to the land owned by the elector and subject to Subsection (4), the process to annex an area to the special district is initiated by a petition signed by the owners of all of the acre-feet of water allotted to the land proposed for annexation.
(b) For an infrastructure financing district, the process to annex an area to the infrastructure financing district is initiated by a petition signed by 100% of the owners of all surface property within the - 88 - HB0038 compared with HB0038S03 area proposed for annexation that is within the designated expansion area, as defined in Section [17B-2a-1301] 17D-5-101.
(b) For an infrastructure financing district, the process to annex an area to the infrastructure financing district is initiated by a petition signed by 100% of the owners of all surface property within the area proposed for annexation that is within the designated expansion area, as defined in Section [17B-2a-1301] 17D-5-101.
(ii) the owner of all the publicly owned real property, if all the real property within the area proposed for annexation is owned by a public entity other than the federal government;
(ii) the owner of all the publicly owned real property, if all the real property within the area proposed for annexation is owned by a public entity other than the federal - 85 - H.B.
38 Enrolled Copy government;
or (b) a resolution adopted by the board of trustees of the proposed annexing special district if, for at least consecutive months immediately preceding adoption of the resolution, the special district has provided:
or (b) a resolution adopted by the board of trustees of the proposed annexing special district if, for at least 12 consecutive months immediately preceding adoption of the resolution, the special district has provided:
- 89 - HB0038 compared with HB0038S03 (5) Each petition under Subsection (2) and resolution under Subsection (3) shall:
(5) Each petition under Subsection (2) and resolution under Subsection (3) shall:
17B-1-901.
17B-1-901 .
(2) Regardless of the number of commodities, services, or facilities furnished by a special district, the special district may suspend furnishing any commodity, service, or facility to a customer if the customer fails to pay all fees and charges when due.
- 86 - Enrolled Copy H.B.
(3) (a) Notwithstanding Subsection (2) and except as provided in Subsection (3)(b), a special district may not suspend furnishing any commodity, service, or facility to a customer if discontinuance of the service is requested by a private third party, including an individual, a private business, or a nonprofit organization, that is not the customer.
38 (2) Regardless of the number of commodities, services, or facilities furnished by a special district, the special district may suspend furnishing any commodity, service, or facility to a customer if the customer fails to pay all fees and charges when due.
(b) (i) An owner of land or the owner's agent may request that service be temporarily discontinued for maintenance-related activities.
(3)(a) Notwithstanding Subsection (2) and except as provided in Subsection (3)(b), a special district may not suspend furnishing any commodity, service, or facility to a customer if discontinuance of the service is requested by a private third party, including an individual, a private business, or a nonprofit organization, that is not the customer.
(b)(i) An owner of land or the owner's agent may request that service be temporarily discontinued for maintenance-related activities.
{(4) } (4) A special district and a county, with the approval or consent of the county treasurer, may enter into an agreement for the county treasurer to bill and collect assessments on behalf of the special district.
(4) A special district and a county, with the approval or consent of the county treasurer, may enter into an agreement for the county treasurer to bill and collect assessments on behalf of the special district.
{(a)} {{A special district and a county, with the approval or consent of the county treasurer, may enter into an interlocal agreement for the county treasurer to bill and collect service fees on behalf of the special district.} } - 90 - HB0038 compared with HB0038S03 {(b)} {If the county enters into an interlocal agreement with a special district under Subsection (4) (a), the amount of any service fees that the special district imposes annually may be added to the property tax notice as set forth in Subsection 59-2-1317(3)(c).} } Section 71.
Section 71.
Section 17D-5-101 is renumbered and amended to read:
Section 17D-5-101, which is renumbered from Section 17B-2a-1301 is renumbered and amended to read:
General Provisions [17B-2a-1301] .
General Provisions [17B-2a-1301] 17D-5-101 .
(6) (a) "Public infrastructure and improvements" means infrastructure, improvements, facilities, or buildings that:
(6)(a) "Public infrastructure and improvements" means infrastructure, improvements, - 87 - H.B.
38 Enrolled Copy facilities, or buildings that:
and (ii) (A) are or will be owned by a public entity or a utility;
and (ii)(A) are or will be owned by a public entity or a utility;
- 91 - HB0038 compared with HB0038S03 (c) "Public infrastructure and improvements" does not include any infrastructure, improvements, facilities, or buildings owned or to be owned by a private person, including a homeowner association.
(c) "Public infrastructure and improvements" does not include any infrastructure, improvements, facilities, or buildings owned or to be owned by a private person, including a homeowner association.
Section 17D-5-102 is renumbered and amended to read:
Section 17D-5-102, which is renumbered from Section 17B-2a-1302 is renumbered and amended to read:
[17B-2a-1302] .
[17B-2a-1302] 17D-5-102 .
(2) (a) Notwithstanding Subsection 17B-1-103(2)(f), an infrastructure financing district may issue bonds only as provided in Title 11, Chapter 42, Assessment Area Act, subject to Subsection (2)(b), and Title 11, Chapter 42a, Commercial Property Assessed Clean Energy Act.
(2)(a) Notwithstanding Subsection 17B-1-103(2)(f), an infrastructure financing district may issue bonds only as provided in Title 11, Chapter 42, Assessment Area Act, subject to Subsection (2)(b), and Title 11, Chapter 42a, Commercial Property Assessed Clean Energy Act.
(c) Before a county or municipality's final inspection required for the issuance of a certificate of occupancy for a residential unit that is subject to an assessment levied by an infrastructure financing district under Title 11, Chapter 42, Assessment Area Act, the infrastructure financing district shall ensure that the assessment allocable to that unit is paid in full and that any assessment lien on that unit is satisfied and released.
(c) Before a county or municipality's final inspection required for the issuance of a - 88 - Enrolled Copy H.B.
38 certificate of occupancy for a residential unit that is subject to an assessment levied by an infrastructure financing district under Title 11, Chapter 42, Assessment Area Act, the infrastructure financing district shall ensure that the assessment allocable to that unit is paid in full and that any assessment lien on that unit is satisfied and released.
[(4) This part applies only to an infrastructure financing district.] [(5)] (4) The name of an infrastructure financing district shall comply with Subsection 17B-1-208(1)(b) (ii).
[(4) This part applies only to an infrastructure financing district.] [(5)] (4) The name of an infrastructure financing district shall comply with Subsection 17B-1-208(1)(b)(ii).
- 92 - HB0038 compared with HB0038S03 (5) If there is a conflict between a provision in Title 17B, Chapter 1, Provisions Applicable to All Special Districts, and a provision in this [part] chapter, the provision in this [part] chapter governs.
(5) If there is a conflict between a provision in Title 17B, Chapter 1, Provisions Applicable to All Special Districts, and a provision in this [part] chapter, the provision in this [part] chapter governs.
Section 73 is enacted to read:
Section 17D-5-201 is enacted to read:
Creation, Governance, and Powers of an Infrastructure Financing District 17D-5-201.
Creation, Governance, and Powers of an Infrastructure Financing District 17D-5-201 .
Section 17D-5-202 is renumbered and amended to read:
Section 17D-5-202, which is renumbered from Section 17B-2a-1303 is renumbered and amended to read:
[17B-2a-1303] .
[17B-2a-1303] 17D-5-202 .
(2) A governing document may contain provisions for the governance of the infrastructure financing district, consistent with Title 17B, Chapter 1, Part 2, Creation of a Special District, and this [part] chapter, including:
(2) A governing document may contain provisions for the governance of the infrastructure financing district, consistent with Title 17B, Chapter 1, Part 2, Creation of a Special - 89 - H.B.
38 Enrolled Copy District, and this [part] chapter, including:
- 93 - HB0038 compared with HB0038S03 (a) include a description of infrastructure that the infrastructure financing district will provide funding for;
(a) include a description of infrastructure that the infrastructure financing district will provide funding for;
(4) (a) An area may not be designated as a designated expansion area unless the area is contiguous to the original district boundary.
(4)(a) An area may not be designated as a designated expansion area unless the area is contiguous to the original district boundary.
Section 17D-5-203 is renumbered and amended to read:
Section 17D-5-203, which is renumbered from Section 17B-2a-1304 is renumbered and amended to read:
[17B-2a-1304] .
[17B-2a-1304] 17D-5-203 .
(a) before beginning service as a board member, the board member complies with the disclosure requirements of Section 67-16-7, as though that section applied to the board member's ownership of a personal investment described in Section 67-16-9;
(a) before beginning service as a board member, the board member complies with the - 90 - Enrolled Copy H.B.
38 disclosure requirements of Section 67-16-7, as though that section applied to the board member's ownership of a personal investment described in Section 67-16-9;
Section 17D-5-204 is renumbered and amended to read:
Section 17D-5-204, which is renumbered from Section 17B-2a-1305 is renumbered and amended to read:
[17B-2a-1305] .
[17B-2a-1305] 17D-5-204 .
- 94 - HB0038 compared with HB0038S03 (1) The applicability of local land use regulations under Title 10, Chapter 20, Municipal Land Use, Development, and Management Act, or Title 17, Chapter 79, County Land Use, Development, and Management Act, is not affected by:
(1) The applicability of local land use regulations under Title 10, Chapter 20, Municipal Land Use, Development, and Management Act, or Title 17, Chapter 79, County Land Use, Development, and Management Act, is not affected by:
(4) (a) Nothing in this [part] chapter affects the requirement for infrastructure for which an infrastructure financing district provides funding to comply with all applicable standards and design, inspection, and other requirements of the county, municipality, special district, or special service district that will own and operate the infrastructure after the infrastructure is completed.
(4)(a) Nothing in this [part] chapter affects the requirement for infrastructure for which an infrastructure financing district provides funding to comply with all applicable standards and design, inspection, and other requirements of the county, municipality, special district, or special service district that will own and operate the infrastructure after the infrastructure is completed.
(i) to the county, municipality, special district, or special service district that will operate the infrastructure;
(i) to the county, municipality, special district, or special service district that will - 91 - H.B.
38 Enrolled Copy operate the infrastructure;
Section 17D-5-205 is renumbered and amended to read:
Section 17D-5-205, which is renumbered from Section 17B-2a-1307 is renumbered and amended to read:
[17B-2a-1307] .
[17B-2a-1307] 17D-5-205 .
and - 95 - HB0038 compared with HB0038S03 (c) the clerk of the county in which the infrastructure financing district is located, if all or part of the infrastructure financing district is located in an unincorporated area of the county.
and (c) the clerk of the county in which the infrastructure financing district is located, if all or part of the infrastructure financing district is located in an unincorporated area of the county.
Section 17D-5-301 is renumbered and amended to read:
Section 17D-5-301, which is renumbered from Section 17B-2a-1306 is renumbered and amended to read:
Contesting an Action [17B-2a-1306] .
Contesting an Action [17B-2a-1306] 17D-5-301 .
(i) the creation of an infrastructure financing district or any part of the process to create an infrastructure financing district;
- 92 - Enrolled Copy H.B.
38 (i) the creation of an infrastructure financing district or any part of the process to create an infrastructure financing district;
- 96 - HB0038 compared with HB0038S03 (2) (a) A person may file a court action to contest the legality or validity of a contestable action.
(2)(a) A person may file a court action to contest the legality or validity of a contestable action.
View plain text versions (8)

Action History

  1. Governor Signed

  2. House/ to Governor

  3. House/ received enrolled bill from Printing

  4. House/ enrolled bill to Printing

  5. Enrolled Bill Returned to House or Senate

  6. Draft of Enrolled Bill Prepared

  7. Bill Received from House for Enrolling

  8. House/ signed by Speaker/ sent for enrolling

  9. House/ received from Senate

  10. Senate/ to House

  11. Senate/ signed by President/ returned to House

  12. Senate/ passed 3rd reading

  13. Senate/ 3rd reading

  14. Senate/ passed 2nd reading

  15. Senate/ uncircled

  16. Senate/ circled

  17. Senate/ 2nd reading

  18. Senate/ placed on 2nd Reading Calendar

  19. Senate/ committee report favorable [Senate Government Operations and Political Subdivisions Committee]

  20. Senate Comm - Favorable Recommendation [Senate Government Operations and Political Subdivisions Committee]

  21. Senate/ to standing committee [Senate Government Operations and Political Subdivisions Committee]

  22. Senate/ 1st reading (Introduced)

  23. Senate/ received from House

  24. House/ to Senate

  25. House/ passed 3rd reading

  26. House/ substituted

  27. LFA/ fiscal note publicly available for HB0038S03

  28. LFA/ fiscal note sent to sponsor for HB0038S03

  29. LFA/ bill sent to agencies for fiscal input for HB0038S03

  30. LFA/ bill assigned to staff for fiscal analysis for HB0038S03

  31. LFA/ fiscal note publicly available for HB0038S02

  32. LFA/ fiscal note sent to sponsor for HB0038S02

  33. LFA/ fiscal note publicly available for HB0038S01

  34. LFA/ fiscal note sent to sponsor for HB0038S01

  35. House/ 2nd reading

  36. House Comm - Favorable Recommendation [House Political Subdivisions Committee]

  37. House Comm - Substitute Recommendation [House Political Subdivisions Committee]

  38. LFA/ bill sent to agencies for fiscal input for HB0038S02

  39. LFA/ bill assigned to staff for fiscal analysis for HB0038S02

  40. LFA/ bill sent to agencies for fiscal input for HB0038S01

  41. LFA/ bill assigned to staff for fiscal analysis for HB0038S01

  42. House/ lifted from calendar sent to standing comm [House Political Subdivisions Committee]

  43. House/ circled

  44. House/ 3rd reading

  45. House/ 2nd reading

  46. House/ Rules to 3rd Reading Calendar

  47. House/ 1st reading (Introduced)

  48. House/ received fiscal note from Fiscal Analyst

  49. House/ received bill from Legislative Research

  50. LFA/ fiscal note publicly available for HB0038

  51. LFA/ fiscal note sent to sponsor for HB0038

  52. LFA/ bill sent to agencies for fiscal input for HB0038

  53. LFA/ bill assigned to staff for fiscal analysis for HB0038

  54. Numbered Bill Publicly Distributed

  55. Bill Numbered but not Distributed

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 102 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (102)

102 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

Who sponsors HB 38?
HB 38 is sponsored by Michael K. McKell (Republican) and James A. Dunnigan (Republican).
What is the current status of HB 38?
This bill has been enacted into law. Introduced December 16, 2025. Enacted.
Where can I track HB 38?
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