HB 425 — Local Government Fees Amendments

02-18Enrolled 10:56Copy H.B.

H Money Appropriated in this Bill:

B None .Other Special Clauses:

OtherNone SpecialH.B. Clauses:

2425 NoneEnrolled 5Copy Utah Code Sections Affected:

10-1-406, as enacted by Laws of Utah 2003, Chapter 253 H.B.ENACTS:

425 02-18 10:56 ENACTS:

and (ii)- is2 not- relatedEnrolled to:Copy H.B.

425 (ii) is not related to:

or -(B) 2increased -deterioration 02-18of 10:56a H.B.highway as a result of the activities of the telecommunications provider in a right-of-way;

425 (B) increased deterioration of a highway as a result of the activities of the telecommunications provider in a right-of-way;

(2) Except as provided in Subsection (3), a town may not impose a general fee for a public safety- service.3 - H.B.

425 Enrolled Copy safety service.

-(ii) 3the -fee H.B.is to generate revenue to pay for the town's obligation under an agreement with one or more other political subdivisions for a public safety service provided to the town;

425 02-18 10:56 (ii) the fee is to generate revenue to pay for the town's obligation under an agreement with one or more other political subdivisions for a public safety service provided to the town;

(2)- Except4 as- providedEnrolled inCopy SubsectionH.B. (3), a city may not impose a general fee for a public safety service.

(3)425 A(2) cityExcept ofas theprovided third,in fourth,Subsection or(3), fiftha classcity may not impose a general fee for a public safety -service. 4 - 02-18 10:56 H.B.

425(3) A city of the third, fourth, or fifth class may impose a general fee for a public safety service if:

and (B)- the5 services- providedH.B. to, the benefits received by, or the need created by those who pay the transportation utility fee;

425 Enrolled Copy (B) the services provided to, the benefits received by, or the need created by those who pay the transportation utility fee;

-(b) 5A -city H.B.may impose a transportation utility fee to provide funding for any number of transportation facilities but may not have more than a single transportation utility fee in effect at a time.

425 02-18 10:56 (b) A city may impose a transportation utility fee to provide funding for any number of transportation facilities but may not have more than a single transportation utility fee in effect at a time.

(ii) exclude traffic counts from whichever day of the week generates the lowest amount of traffic, on average and as best approximated with the methodologies used under Subsection (4)(a)(i), for the transportation facility or transportation - 6 - 02-18Enrolled 10:56Copy H.B.

425 (ii) exclude traffic counts from whichever day of the week generates the lowest amount of traffic, on average and as best approximated with the methodologies used under Subsection (4)(a)(i), for the transportation facility or transportation facility system;

(ii)- a7 consideration- ofH.B. the age of development within areas with the same zoning designation;

or425 (iii)Enrolled theCopy lack(ii) ofa financialconsideration contributions,of or the reducedage financialof contributions,development thatwithin aareas -with 7the -same H.B.zoning designation;

425or 02-18(iii) 10:56the lack of financial contributions, or the reduced financial contributions, that a tax-exempt organization user makes to the cost of constructing, maintaining, or operating a transportation facility.

(ii) The limitation under Subsection (7)(d)(i) does not apply to a designated transportation- facilities8 capital- orEnrolled reserveCopy accountH.B. established before the effective date of a transportation utility fee under this section.

(8)(a)425 Simultaneouslytransportation withfacilities adoptingcapital anor ordinancereserve describedaccount inestablished Subsectionbefore (7),the aeffective citydate -of 8a -transportation 02-18utility 10:56fee H.B.under this section.

425(8)(a) Simultaneously with adopting an ordinance described in Subsection (7), a city shall establish an appeals process for an individual or entity that wishes to challenge the user classification, as described in Subsection (5), the city assigns to the individual or entity.

(d) Notwithstanding Sections 10-6-124, 10-6-125, and 10-6-135.5, a city may not transfer- money9 in- aH.B. transportation fund to any other fund or to a separate account.

(10)(a)425 AEnrolled cityCopy thattransfer imposesmoney in a transportation utilityfund feeto shallany conductother anfund annualor reviewto of the transportation utility fee as provided in this Subsection (10) and prepare a writtenseparate -account. 9 - H.B.

425(10)(a) 02-18A 10:56city that imposes a transportation utility fee shall conduct an annual review of the transportation utility fee as provided in this Subsection (10) and prepare a written report of the annual review.

(ii) A city may fulfill the requirement of Subsection (10)(c)(i) by submittedsubmitting the written report as part of the city's annual financial reports submitted to the state auditor.

(14)(a) Nothing in this section precludes or abrogates the property tax exemptions provided- for10 in- UtahEnrolled Constitution,Copy ArticleH.B. XIII, Section 3.

(b)425 Toprovided the extent that a court determines a transportation utility fee is a property tax for purposesin of Utah Constitution, Article XIII, Section 3,3. a city may not require a - 10 - 02-18 10:56 H.B.

425(b) To the extent that a court determines a transportation utility fee is a property tax for purposes of Utah Constitution, Article XIII, Section 3, a city may not require a person to pay that transportation utility fee with respect to property or the use of property that is exempt from property tax under Utah Constitution, Article XIII, Sec tion 3.

(ii) identify and provide a reasonable estimate of existing funding sources that could be used to pay for a new transportation facility or for maintaining, operating, repairing, upgrading, or replacing an existing transportation facility;

425 02-18Enrolled 10:56Copy (iii)(ii) explainidentify and provide a reasonable calculationestimate showingof how existing county funding sources arethat inadequatecould tobe coverused theto costpay offor constructing a new transportation facility or for maintaining, operating, repairing, upgrading, or replacing an existing transportation facility;

(iii) explain and provide a reasonable calculation showing how existing county funding sources are inadequate to cover the cost of constructing a new transportation facility or maintaining, operating, repairing, upgrading, or replacing an existing transportation facility;