reglab/statecodes huggingface dataset:
2023 Utah Code › Title 17 - Counties › Chapter 53 - County Executive, Legislative Body, and Other Officers › Part 2 - County Legislative Body › Section 224 - Rewards for information -- Law enforcement -- Protection of county property.

17-53-224.
Rewards for information -- Law enforcement -- Protection of county property.
(1)
(a) A county legislative body may appropriate funds from the county treasury for the offering and payment of rewards for information which directly assists in the enforcement of law and protection of county property.
(b) The offering and payment of rewards shall be made under conditions and limitations as established by the county legislative body.
(2) With the prior approval of the county legislative body, any county officer or agency may offer rewards to the same extent and for the same purposes authorized by Subsection (1).
Renumbered and Amended by Chapter 133, 2000 General Session
2023 Utah Code › Title 17 - Counties › Chapter 53 - County Executive, Legislative Body, and Other Officers › Part 2 - County Legislative Body › Section 225 - County legislative body may adopt Utah Procurement Code -- Retention of records.

17-53-225.
County legislative body may adopt Utah Procurement Code -- Retention of records.
(1) A county legislative body may adopt any or all of the provisions of Title 63G, Chapter 6a, Utah Procurement Code, or the rules promulgated pursuant to that code.
(2) Whenever any county is required by law to receive bids for purchases, construction, repairs, or any other purpose requiring the expenditure of funds, that county shall keep on file all bids received, together with proof of advertisement by publication or otherwise, for:
(a) at least three years following the letting of any contract pursuant to those bids; or
(b) three years following the first advertisement for the bids, if all bids pursuant to that advertisement are rejected.
Amended by Chapter 347, 2012 General Session
2023 Utah Code › Title 17 - Counties › Chapter 53 - County Executive, Legislative Body, and Other Officers › Part 2 - County Legislative Body › Section 226 - Investigation by legislative body -- Witnesses -- Hearings.

17-53-226.
Investigation by legislative body -- Witnesses -- Hearings.
(1) A county legislative body may investigate any matter pertaining to the county or its business or affairs or any county officer, and may require the attendance of witnesses and take evidence in its investigations.
(2) At such investigations, any member of the county legislative body may administer oaths to witnesses.
(3) If the county legislative body appoints a member of its body a committee upon any subject or matter and confers upon that member power to hear or take evidence, such committee shall have the same powers in the premises as the county legislative body itself.
Renumbered and Amended by Chapter 133, 2000 General Session
2023 Utah Code › Title 17 - Counties › Chapter 53 - County Executive, Legislative Body, and Other Officers › Part 2 - County Legislative Body › Section 227 - Breach of duty by county legislative body member -- Penalty.

17-53-227.
Breach of duty by county legislative body member -- Penalty.
A member of a county legislative body who, without just cause, refuses or neglects to perform a duty imposed upon the member or willfully violates any law governing the member as a member of the county legislative body, or who, as a county legislative body member, willfully, fraudulently, or corruptly attempts to perform an act unauthorized by law shall, in addition to the penalty provided in the criminal code:
(1) forfeit to the county $500 for every such act, to be recovered on the member's official bond; and
(2) be further liable on the member's official bond to any person injured by the act for all damages sustained.
Renumbered and Amended by Chapter 133, 2000 General Session
2023 Utah Code › Title 17 - Counties › Chapter 53 - County Executive, Legislative Body, and Other Officers › Part 2 - County Legislative Body › Section 228 - Administrative hearings and procedures -- Penalty for code violation.

Effective 5/14/2019
17-53-228.
Administrative hearings and procedures -- Penalty for code violation.
(1) A county may adopt an ordinance establishing an administrative hearing process to review and decide matters relating to the violation, enforcement, or administration of a county civil ordinance, including an ordinance related to the following:
(a) a building code;
(b) planning and zoning;
(c) animal control;
(d) licensing;
(e) health and safety;
(f) county employment; or
(g) sanitation.
(2) An ordinance adopted in accordance with Subsection (1) shall provide appropriate due process protections for a party participating in an administrative hearing.
(3) An administrative hearing held in accordance with an ordinance described in Subsection (1) may be conducted by an administrative law judge.
(4) A county may not impose a civil penalty and adjudication for the violation of a county moving traffic ordinance.
(5)
(a) A county may not impose a nonjudicial penalty for a violation of a land use regulation or a nuisance ordinance unless the county provides to the individual who is subject to the penalty written notice that:
(i) identifies the relevant regulation or ordinance at issue;
(ii) specifies the violation of the relevant regulation or ordinance; and
(iii) provides for a reasonable time to cure the violation, taking into account the cost of curing the violation.
(b) A county may not collect on a nonjudicial penalty for a violation of a land use regulation or a nuisance ordinance that is outstanding or pending on or after May 14, 2019, unless the county imposed the outstanding or pending penalty in relation to a written notice that:
(i) identified the relevant regulation or ordinance at issue;
(ii) specified the violation of the relevant regulation or ordinance; and
(iii) provided for a reasonable time to cure the violation, taking into account the cost of curing the violation.
Amended by Chapter 278, 2019 General Session
2023 Utah Code › Title 17 - Counties › Chapter 53 - County Executive, Legislative Body, and Other Officers › Part 3 - County Executive › Section 301 - General powers, duties, and functions of county executive.

Effective 5/12/2015
17-53-301.
General powers, duties, and functions of county executive.
(1) The elected county executive is the chief executive officer of the county.
(2) Each county executive shall exercise all executive powers, have all executive duties, and perform all executive functions of the county, including those enumerated in this part, except as expressly provided otherwise in statute and except as contrary to the powers, duties, and functions of other county officers expressly provided for in:
(a)Chapter 16, County Officers;
(b)Chapter 17, County Assessor;
(c)Chapter 18a, Powers and Duties of County and District Attorney;
(d)Chapter 19a, County Auditor;
(e)Chapter 20, County Clerk;
(f)Chapter 21, Recorder;
(g)Chapter 22, Sheriff;
(h)Chapter 23, County Surveyor; and
(i)Chapter 24, County Treasurer.
(3) A county executive may take any action required by law and necessary to the full discharge of the executive's duties, even though the action is not expressly authorized in statute.
Amended by Chapter 258, 2015 General Session
2023 Utah Code › Title 17 - Counties › Chapter 53 - County Executive, Legislative Body, and Other Officers › Part 3 - County Executive › Section 302 - County executive duties.

Effective 5/4/2022
17-53-302.
County executive duties.
Each county executive shall:
(1) exercise supervisory control over all functions of the executive branch of county government;
(2) direct and organize the management of the county in a manner consistent with state law, county ordinance, and the county's optional plan of county government;
(3)
(a) carry out programs and policies established by the county legislative body; and
(b) ensure that all departments of county government comply with programs and policies established by the county legislative body;
(4) faithfully ensure compliance with all applicable laws and county ordinances;
(5) exercise supervisory and coordinating control over all departments of county government;
(6) except as otherwise vested in the county legislative body by state law or by the optional plan of county government, and subject to Section 17-53-317, appoint, suspend, and remove the directors of all county departments and all appointive officers of boards and commissions;
(7) except as otherwise delegated by statute to another county officer, exercise administrative and auditing control over all funds and assets, tangible and intangible, of the county;
(8) except as otherwise delegated by statute to another county officer, supervise and direct centralized budgeting, accounting, personnel management, purchasing, and other service functions of the county;
(9) conduct planning studies and make recommendations to the county legislative body relating to financial, administrative, procedural, and operational plans, programs, and improvements in county government;
(10) maintain a continuing review of expenditures and of the effectiveness of departmental budgetary controls;
(11) develop systems and procedures, not inconsistent with statute, for planning, programming, budgeting, and accounting for all activities of the county;
(12) if the county executive is an elected county executive, exercise a power of veto over the legislative enactments by the county legislative body, which are defined as county ordinances and budget appropriations, and include an item veto upon budget appropriations, in the manner provided by the optional plan of county government;
(13) review, negotiate, approve, and execute contracts for the county, unless otherwise provided by statute;
(14) perform all other functions and duties required of the executive by state law, county ordinance, and the optional plan of county government; and
(15) sign on behalf of the county all deeds that convey county property.
Amended by Chapter 39, 2022 General Session
Amended by Chapter 260, 2022 General Session
2023 Utah Code › Title 17 - Counties › Chapter 53 - County Executive, Legislative Body, and Other Officers › Part 3 - County Executive › Section 303 - Examination and audit of accounts.

Effective 5/4/2022
17-53-303.
Examination and audit of accounts.
(1) As used in this section, "finance officer" means the same as that term is defined in Section 17-36-3.
(2) The county executive may examine and audit the accounts of all officers having the care, management, collection, or disbursement of money belonging to the county or appropriated by law or otherwise for its use and benefit.
(3)
(a) Subject to Subsection (3)(b), the finance officer of the county shall reply to each request for financial information by a county executive within five business days after the day on which the request is received.
(b) If a request for financial information requires an extended time period to research and compile, the finance officer of the county shall provide written notice to the county executive that includes an explanation for the delay and the date when the information will be provided to the county executive.
(4) Nothing in this section may be construed to affect a county auditor's authority under Chapter 19a, County Auditor.
Amended by Chapter 288, 2022 General Session
2023 Utah Code › Title 17 - Counties › Chapter 53 - County Executive, Legislative Body, and Other Officers › Part 3 - County Executive › Section 304 - Commanding services of sheriff.

17-53-304.
Commanding services of sheriff.
The county executive may direct the county sheriff to serve notices, subpoenas, citations, or other process issued by the executive, and to attend in person or by deputy all meetings conducted by the executive to preserve order.
Enacted by Chapter 133, 2000 General Session
2023 Utah Code › Title 17 - Counties › Chapter 53 - County Executive, Legislative Body, and Other Officers › Part 3 - County Executive › Section 305 - Warrants -- Authority to draw on treasurer.

17-53-305.
Warrants -- Authority to draw on treasurer.
The county executive may settle and allow all accounts legally chargeable against the county, after their examination by the county auditor, and order warrants to be drawn on the county treasurer for those accounts.
Renumbered and Amended by Chapter 133, 2000 General Session
2023 Utah Code › Title 17 - Counties › Chapter 53 - County Executive, Legislative Body, and Other Officers › Part 3 - County Executive › Section 306 - Warrants -- Required information -- Payment -- Registration.

17-53-306.
Warrants -- Required information -- Payment -- Registration.
(1) Each warrant drawn by order of the county executive on the county treasurer for current expenses during each year shall specify the liability for which it is drawn, when it accrued, and the funds from which it is to be paid.
(2) Each warrant shall be paid in the order of presentation to the treasurer.
(3) If the money in the treasury is insufficient to pay a warrant, the treasurer shall register the warrant and pay it in the order of registration.
(4) Accounts for county charges of every description shall be presented to the auditor and county executive to be audited as prescribed in statute.
Enacted by Chapter 133, 2000 General Session
2023 Utah Code › Title 17 - Counties › Chapter 53 - County Executive, Legislative Body, and Other Officers › Part 3 - County Executive › Section 307 - County purchasing agent -- Appointment -- Compensation -- Oath -- Supervision -- Duties.

17-53-307.
County purchasing agent -- Appointment -- Compensation -- Oath -- Supervision -- Duties.
(1) The county executive, with the advice and consent of the county legislative body, in each county having a taxable value in excess of $500,000,000 may appoint a county purchasing agent.
(2) The agent shall qualify by taking, subscribing, and filing the constitutional oath and giving bond to the county in a sum fixed by the county legislative body.
(3)
(a) The county purchasing agent shall, under the direction and supervision of the county executive and except as provided in Subsection (3)(b):
(i) negotiate for the purchase of or contract for all supplies and materials required by the county;
(ii) submit all contracts and purchases negotiated by the purchasing agent under Subsection (3)(a)(i) to the county executive for approval and ratification; and
(iii) keep an accurate and complete record of all purchases and a detailed disposition of them and, when required by the county legislative body, make a complete and detailed report to it of business transacted.
(b) Subject to Subsection (3)(c), the county executive may structure the county purchasing agent's office so that:
(i) the county purchasing agent's office is physically located within the county auditor's office; and
(ii) the county purchasing agent receives direction and supervision from the county auditor.
(c) The county executive:
(i) may not structure the county purchasing agent's office as described in Subsection (3)(b) unless:
(A) the county executive receives the advice and consent of the county council; and
(B) the county executive and county auditor agree, in writing, to the proposed structure, including the level of direction and supervision of the county purchasing agent retained by the county executive; and
(ii) shall maintain the level of direction and supervision over the county purchasing agent as agreed upon with the county auditor.
(4) The county executive may exclude from the purchasing agent's responsibility a county clerk's duties concerning elections or a sheriff's duties under Section 17-22-8.
Amended by Chapter 140, 2011 General Session
2023 Utah Code › Title 17 - Counties › Chapter 53 - County Executive, Legislative Body, and Other Officers › Part 3 - County Executive › Section 309 - Approval of cost-increase changes in plans and specifications -- Delegation.

17-53-309.
Approval of cost-increase changes in plans and specifications -- Delegation.
(1) If the county executive adopts plans and specifications for the alteration, construction, or repair of any public building or other public structure, the plans and specifications may not be altered or changed in any manner that would increase the cost of altering, constructing, or repairing the building or structure, unless the county executive approves the alteration or change in the plans and specifications.
(2) The county executive may adopt policies and procedures to delegate authority to approve alterations or changes in plans and specifications to a county employee, including the county engineer, architect, surveyor, or director of the department or division responsible for the work.
Renumbered and Amended by Chapter 133, 2000 General Session
2023 Utah Code › Title 17 - Counties › Chapter 53 - County Executive, Legislative Body, and Other Officers › Part 3 - County Executive › Section 310 - Changes or alterations in contract -- Liability of county.

17-53-310.
Changes or alterations in contract -- Liability of county.
(1) If the county executive enters into a contract for the construction, alteration, or repair of any public building or other public structure, the contract may be altered or changed only if the alteration or change is within the general scope of the contract.
(2) If a change or alteration in the contract is made:
(a) the particular change or alteration shall be specified in writing; and
(b) the increase or decrease in cost due to the change or alteration shall be established by the county executive according to either the provisions of the contract or established principles of the construction industry.
(3)
(a) The county executive may adopt policies and procedures to delegate authority for approval of changes or alterations in the contract to a county employee, including the county engineer, architect, surveyor, or director of the department or division responsible for the work.
(b) Unless the requirements of this section are met, the county is not liable for any extra work done on the buildings or public structures.
Renumbered and Amended by Chapter 133, 2000 General Session
2023 Utah Code › Title 17 - Counties › Chapter 53 - County Executive, Legislative Body, and Other Officers › Part 3 - County Executive › Section 311 - Contracting for management, maintenance, operation, or construction of jails.

17-53-311.
Contracting for management, maintenance, operation, or construction of jails.
(1)
(a) With the approval of the sheriff, a county executive may contract with private contractors for management, maintenance, operation, and construction of county jails.
(b) A county executive may include a provision in the contract that allows use of a building authority created under the provisions of Title 17D, Chapter 2, Local Building Authority Act, to construct or acquire a jail facility.
(c) A county executive may include a provision in the contract that requires that any jail facility meet any federal, state, or local standards for the construction of jails.
(2) If a county executive contracts only for the management, maintenance, or operation of a jail, the county executive shall include provisions in the contract that:
(a) require the private contractor to post a performance bond in the amount set by the county legislative body;
(b) establish training standards that shall be met by jail personnel;
(c) require the private contractor to provide and fund training for jail personnel so that the personnel meet the standards established in the contract and any other federal, state, or local standards for the operation of jails and the treatment of jail prisoners;
(d) require the private contractor to indemnify the county for errors, omissions, defalcations, and other activities committed by the private contractor that result in liability to the county;
(e) require the private contractor to show evidence of liability insurance protecting the county and its officers, employees, and agents from liability arising from the construction, operation, or maintenance of the jail, in an amount not less than those specified in Title 63G, Chapter 7, Governmental Immunity Act of Utah;
(f) require the private contractor to:
(i) receive all prisoners committed to the jail by competent authority; and
(ii) provide them with necessary food, clothing, and bedding in the manner prescribed by the governing body; and
(g) prohibit the use of inmates by the private contractor for private business purposes of any kind.
(3) A contractual provision requiring the private contractor to maintain liability insurance in an amount not less than the liability limits established by Title 63G, Chapter 7, Governmental Immunity Act of Utah, may not be construed as waiving the limitation on damages recoverable from a governmental entity or its employees established by that chapter.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 17 - Counties › Chapter 53 - County Executive, Legislative Body, and Other Officers › Part 3 - County Executive › Section 312 - County resource development committee -- Membership -- Term -- Compensation and expenses -- Duties.

17-53-312.
County resource development committee -- Membership -- Term -- Compensation and expenses -- Duties.
(1)
(a) A county executive may, with the advice and consent of the county legislative body, appoint a county resource development committee of three or more members, at least one of which shall be a member of the county legislative body.
(b) Each member of a county resource development committee shall be a resident of the county.
(2)
(a) The term of each member of a county resource development committee shall be two years and until a successor has been appointed.
(b) The legislative body of each county with a county resource development committee shall provide by ordinance for the filling of a vacancy in the membership of the committee and for the removal of a member for nonperformance of duty or misconduct.
(3)
(a) Each member shall serve without compensation.
(b) The county legislative body may reimburse a member for actual expenses incurred in performing the member's duties and responsibilities on the committee, upon presentation of proper receipts and vouchers.
(4) The committee may elect such officers from its members as it considers appropriate and may, with the consent and approval of the county legislative body, employ an executive director for the committee.
(5) The committee shall:
(a) assist in promoting the development of the county's mineral, water, manpower, industrial, historical, cultural, and other resources; and
(b) make such recommendations to the county for resource development as the committee considers advisable.
(6) The county executive may cooperate and enter into contracts with municipalities, local communities, other counties, and the state for the purpose of promoting the development of the economic, historical, and cultural resources of the county.
Enacted by Chapter 133, 2000 General Session
2023 Utah Code › Title 17 - Counties › Chapter 53 - County Executive, Legislative Body, and Other Officers › Part 3 - County Executive › Section 313 - Hiring of professional architect, engineer, or surveyor.

17-53-313.
Hiring of professional architect, engineer, or surveyor.
Notwithstanding the adoption of some or all of the provisions of Title 63G, Chapter 6a, Utah Procurement Code, under Section 17-53-225, each county executive that engages the services of a professional architect, engineer, or surveyor and considers more than one such professional for the engagement:
(1) shall consider, as a minimum, in the selection process:
(a) the qualifications, experience, and background of each firm submitting a proposal;
(b) the specific individuals assigned to the project and the time commitments of each to the project; and
(c) the project schedule and the approach to the project that the firm will take; and
(2) may engage the services of a professional architect, engineer, or surveyor based on the criteria under Subsection (1) rather than solely on lowest cost.
Amended by Chapter 347, 2012 General Session
2023 Utah Code › Title 17 - Counties › Chapter 53 - County Executive, Legislative Body, and Other Officers › Part 3 - County Executive › Section 314 - Restrictions on county procurement of architect-engineer services.

17-53-314.
Restrictions on county procurement of architect-engineer services.
(1) As used in this section, "architect-engineer services" means those professional services within the scope of the practice of architecture as defined in Section 58-3a-102, or professional engineering as defined in Section 58-22-102.
(2) When a county elects to obtain architect or engineering services by using a competitive procurement process and has provided public notice of its competitive procurement process:
(a) a higher education entity, or any part of one, may not submit a proposal in response to the county's competitive procurement process; and
(b) the county may not award a contract to perform the architect or engineering services solicited in the competitive procurement process to a higher education entity or any part of one.
Enacted by Chapter 21, 2000 General Session
2023 Utah Code › Title 17 - Counties › Chapter 53 - County Executive, Legislative Body, and Other Officers › Part 3 - County Executive › Section 315 - Actions -- Control and direction.

17-53-315.
Actions -- Control and direction.
(1)
(a) A county executive may control and direct the prosecution, defense, and settlement of all lawsuits and other actions:
(i) to which the county is a party;
(ii) as to which the county may be required to pay the judgment or the costs of prosecution or defense; or
(iii) as further provided by county ordinance.
(b) If necessary, the county executive may, upon the recommendation of the county or district attorney or if required by court order, employ counsel to represent the county in the lawsuit or other action or assist the county attorney or, in a county that does not have a county attorney, the district attorney in conducting those lawsuits or any other actions where the county attorney or district attorney, as the case may be, is authorized by law to act.
(2) If a lawsuit or other action is brought or prosecuted by another elected official or a board or other entity of the county under a statutory duty, that other elected official, board, or other entity may control and direct the lawsuit or other action, consistent with applicable law.
Amended by Chapter 241, 2001 General Session
2023 Utah Code › Title 17 - Counties › Chapter 53 - County Executive, Legislative Body, and Other Officers › Part 3 - County Executive › Section 316 - Executive orders.

Effective 5/4/2022
17-53-316.
Executive orders.
(1) The county executive may issue an executive order to:
(a) establish an executive policy;
(b) implement an executive practice; or
(c) execute a legislative policy or ordinance, as provided by statute.
(2)
(a) The county executive may not issue an executive order that:
(i) is inconsistent with county ordinances that address the same subject as the executive order or with policies established by the county legislative body that address the same subject as the executive order; or
(ii) expands or narrows legislative action taken or legislative policy issued by the county legislative body.
(b) If a county legislative body adopts an ordinance or establishes a policy that conflicts with an existing executive order, the ordinance or policy adopted or established by the county legislative body supersedes the executive order.
(3) Each executive order exercising supervisory power over other elected county officers shall be consistent with the authority given the county executive under Section 17-53-106.
Amended by Chapter 260, 2022 General Session
2023 Utah Code › Title 17 - Counties › Chapter 53 - County Executive, Legislative Body, and Other Officers › Part 3 - County Executive › Section 318 - Governing body as cooperating agency in federal land planning and regulation.

17-53-318.
Governing body as cooperating agency in federal land planning and regulation.
(1) As used in this section:
(a) "Cooperating agency" means:
(i) a cooperating agency as defined in 43 CFR 1601.0-5; or
(ii) a cooperating agency as defined in 40 CFR 1508.5.
(b) "General plan" means the general plan described in Title 17, Chapter 27a, Part 4, General Plan.
(c) "Governing body" means, respectively:
(i) a county commission;
(ii) a county council and county executive; or
(iii) a county council and county manager.
(2) A governing body or a person designated by the governing body:
(a) may represent the county as a cooperating agency; and
(b) is considered to have special expertise:
(i) in a matter related to the:
(A) National Environmental Policy Act of 1969, 42 U.S.C. Sec. 4321 et seq.;
(B) Federal Land Policy Management Act of 1976, 43 U.S.C. Sec. 1701 et seq.;
(C) Wilderness Act of 1964, 16 U.S.C. Sec. 1131 et seq.;
(D) Multiple-Use Sustained Yield Act of 1960, 16 U.S.C. Sec. 528 et seq.;
(E) National Forest Management Act of 1976, 16 U.S.C. Sec. 1600 et seq.; or
(F) an energy policy and conservation act amended by the Energy Policy Act of 2005, 42 U.S.C. Sec. 16511 et seq.;
(ii) in a matter related to federal land development and planning, the implementation of a federal resource management plan, and other related federal land management actions;
(iii) regarding whether a federal land development and plan, resource management plan, or other related federal land management action is consistent with an adopted county general plan; and
(iv) on a subject matter for which it has statutory responsibility, including a subject matter related to the health, safety, welfare, custom, culture, or socioeconomic viability of a county.
(3) A county through its governing body or a person designated by the governing body may participate in efforts to coordinate and make consistent the federal agency resource management plan or other related management action with the general plan as provided in:
(a) the Federal Land Policy Management Act of 1976, 43 U.S.C. Sec. 1701 et seq.;
(b) 16 U.S.C. Sec. 1604; or
(c) any other federal law or rule that provides for coordination and consistency with local government plans and policies.
Enacted by Chapter 97, 2013 General Session
2023 Utah Code › Title 17 - Counties › Chapter 55 - Criminal Justice Coordinating Councils › Part 1 - General Provisions › Section 101 - Definitions.

Effective 5/4/2022
17-55-101.
Definitions.
As used in this part:
(1) "Commission" means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201.
(2) "Criminal justice agency" means an agency or institution directly involved in the apprehension, prosecution, or incarceration of a person involved in criminal activity.
(3) "Criminal justice coordinating council" or "council" means a council created by a county or counties in accordance with Section 17-55-201.
(4) "Criminal justice system" means the continuum of criminal justice agencies and post-incarceration services that an individual may encounter as a result of the individual's criminal activity.
(5)
(a) "Post-incarceration services" means services that may assist an individual who is leaving incarceration to reintegrate into the community.
(b) "Post-incarceration services" includes:
(i) educational services;
(ii) housing services;
(iii) health care services;
(iv) workforce services; and
(v) human services programs.
Enacted by Chapter 187, 2022 General Session
2023 Utah Code › Title 17 - Counties › Chapter 55 - Criminal Justice Coordinating Councils › Part 2 - Criminal Justice Coordinating Councils › Section 201 - Criminal justice coordinating councils -- Creation -- Strategic plan -- Reporting requirements.

Effective 5/3/2023
17-55-201.
Criminal justice coordinating councils -- Creation -- Strategic plan -- Reporting requirements.
(1)
(a) Beginning January 1, 2023, a county shall:
(i) create a criminal justice coordinating council; or
(ii) jointly with another county or counties, create a criminal justice coordinating council.
(b) The purpose of a council is to coordinate and improve components of the criminal justice system in the county or counties.
(2)
(a) A council shall include:
(i) one county commissioner or county council member;
(ii) the county sheriff or the sheriff's designee;
(iii) one chief of police of a municipality within the county or the chief's designee;
(iv) the county attorney or the attorney's designee;
(v) one public defender or attorney who provides public defense within the county;
(vi) one district court judge;
(vii) one justice court judge;
(viii) one representative from the Division of Adult Probation and Parole within the Department of Corrections;
(ix) one representative from the local mental health authority within the county; and
(x) one individual who is:
(A) a crime victim; or
(B) a victim advocate, as defined in Section 77-38-403.
(b) A council may include:
(i) an individual representing:
(A) local government;
(B) human services programs;
(C) higher education;
(D) peer support services;
(E) workforce services;
(F) local housing services;
(G) mental health or substance use disorder providers;
(H) a health care organization within the county;
(I) a local homeless council;
(J) family counseling and support groups; or
(K) organizations that work with families of incarcerated individuals; or
(ii) an individual with lived experiences in the criminal justice system.
(3) A council shall rotate the position of the chair among the members.
(4)
(a) A council shall develop and implement a strategic plan for the county's or counties' criminal justice system that includes:
(i) mapping of all systems, resources, assets, and services within the county's or counties' criminal justice system;
(ii) a plan for data sharing across the county's or counties' criminal justice system;
(iii) recidivism reduction objectives; and
(iv) community reintegration goals.
(b) The commission may assist a council in the development of a strategic plan.
(5) As part of the council's duties described in Subsection (4)(a)(i), the council shall prepare a list of private probation providers for a court to provide to defendants as described in Section 77-18-105.
(6) Before November 30 of each year, a council shall provide a written report to the commission regarding:
(a) the implementation of a strategic plan described in Subsection (4); and
(b) any data on the impact of the council on the criminal justice system in the county or counties.
Amended by Chapter 249, 2023 General Session
Amended by Chapter 257, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 1 - General Provisions › Section 104 - Property owner provisions.

Effective 2/27/2023
17B-1-104.
Property owner provisions.
(1) For purposes of this title:
(a) the owner of real property shall be:
(i) except as provided in Subsection (1)(a)(ii), the fee title owner according to the records of the county recorder on the date of the filing of the request or petition; or
(ii) for a proposed annexation under Part 4, Annexation, the lessee of military land, as defined in Section 63H-1-102, if the area proposed for annexation includes military land that is within a project area described in a project area plan adopted by the military installation development authority under Title 63H, Chapter 1, Military Installation Development Authority Act; and
(b) the value of private real property shall be determined according to the last assessment before the filing of the request or petition, as determined by:
(i) the county under Title 59, Chapter 2, Part 3, County Assessment, for property subject to assessment by the county;
(ii) the State Tax Commission under Title 59, Chapter 2, Part 2, Assessment of Property, for property subject to assessment by the State Tax Commission; or
(iii) the county, for all other property.
(2) For purposes of each provision of this title that requires the owners of private real property covering a percentage of the total private land area within the proposed special district to sign a request, petition, or protest:
(a) a parcel of real property may not be included in the calculation of the required percentage unless the request or petition is signed by:
(i) except as provided in Subsection (2)(a)(ii), owners representing a majority ownership interest in that parcel; or
(ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number of owners of that parcel;
(b) the signature of a person signing a request or petition in a representative capacity on behalf of an owner is invalid unless:
(i) the person's representative capacity and the name of the owner the person represents are indicated on the request or petition with the person's signature; and
(ii) the person provides documentation accompanying the request or petition that reasonably substantiates the person's representative capacity; and
(c) subject to Subsection (2)(b), a duly appointed personal representative may sign a request or petition on behalf of a deceased owner.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 1 - General Provisions › Section 104.5 - Groundwater right owner provisions -- Vote.

Effective 2/27/2023
17B-1-104.5.
Groundwater right owner provisions -- Vote.
(1) For purposes of this title, an owner of a groundwater right, is on the date of the filing of a groundwater right owner petition or groundwater right owner request, the owner according to:
(a) a deed recorded with the county recorder in accordance with Section 73-1-10; or
(b) a water right of record filed in the state engineer's office in accordance with Section 73-1-10.
(2) For purposes of each provision of this title that requires the owners of groundwater rights covering a percentage of the total groundwater rights within the proposed special district to sign a request, petition, or protest:
(a) a groundwater right may not be included in the calculation of the required percentage unless the request or petition is signed by:
(i) except as provided in Subsection (2)(a)(ii), owners representing a majority ownership interest in that groundwater right; or
(ii) if the groundwater right is owned by joint tenants or tenants by the entirety, 50% of the number of owners of that groundwater right;
(b) the signature of a person signing a request or petition in a representative capacity on behalf of an owner is invalid unless:
(i) the person's representative capacity and the name of the owner the person represents are indicated on the request or petition with the person's signature; and
(ii) the person provides documentation accompanying the request or petition that reasonably substantiates the person's representative capacity; and
(c) subject to Subsection (2)(b), a duly appointed personal representative may sign a request or petition on behalf of the estate of a deceased owner.
(3) For an election by groundwater right owners described in this title, each owner of a groundwater right is entitled to cast one vote.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 1 - General Provisions › Section 105 - Name of special district -- Name change.

Effective 2/27/2023
17B-1-105.
Name of special district -- Name change.
(1)
(a) The name of each special district created on or after May 1, 2000 shall comply with Subsection 17-50-103(2)(a).
(b) The board of each special district affected by Subsection 17-50-103(2)(b) shall ensure that after January 1, 2005 the special district name complies with the requirements of Subsection 17-50-103(2)(b).
(2) The name of a special district created after April 30, 2007 may not include the name of a county or municipality.
(3) The name of a special district may include words descriptive of the type of service that the district provides.
(4)
(a) A special district board may change the name of that special district as provided in this Subsection (4).
(b) To initiate a name change, the special district board shall:
(i) hold a public hearing on the proposed name change;
(ii) adopt a resolution approving the name change; and
(iii) file with the lieutenant governor a notice of an impending name change, as defined in Section 67-1a-6.7, that meets the requirements of Subsection 67-1a-6.7(3).
(c) Upon the lieutenant governor's issuance of a certificate of name change under Section 67-1a-6.7, the special district board shall:
(i) if the special district is located within the boundary of a single county, submit to the recorder of that county:
(A) the original:
(I) notice of an impending name change; and
(II) certificate of name change; and
(B) a certified copy of the resolution approving the name change; or
(ii) if the special district is located within the boundaries of more than a single county:
(A) submit to the recorder of one of those counties:
(I) the original of the documents listed in Subsections (4)(c)(i)(A)(I) and (II); and
(II) a certified copy of the resolution approving the name change; and
(B) submit to the recorder of each other county:
(I) a certified copy of the documents listed in Subsections (4)(c)(i)(A)(I) and (II); and
(II) a certified copy of the resolution approving the name change.
(d)
(i) A name change under this Subsection (4) becomes effective upon the lieutenant governor's issuance of a certificate of name change under Section 67-1a-6.7.
(ii) Notwithstanding Subsection (4)(d)(i), the special district may not operate under the new name until the documents listed in Subsection (4)(c) are recorded in the office of the recorder of each county in which the special district is located.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 1 - General Provisions › Section 107 - Recording a release of lien.

Effective 2/27/2023
17B-1-107.
Recording a release of lien.
If a special district records a lien upon real property or a groundwater right for an unpaid assessment by the owner and the owner then pays the assessment in full, including, subject to Section 17B-1-902.1, any interest and administrative costs, the special district recording the lien shall record the release of the lien.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 1 - General Provisions › Section 108 - Provisions applicable to the procurement of design professional services.

Effective 5/12/2015
17B-1-108.
Provisions applicable to the procurement of design professional services.
(1) As used in this section, "design professional services" means the same as that term is defined in Section 63G-6a-103.
(2) The procurement of design professional services is governed by Title 63G, Chapter 6a, Part 15, Design Professional Services.
Amended by Chapter 218, 2015 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 1 - General Provisions › Section 110 - Compliance with nepotism requirements.

Effective 2/27/2023
17B-1-110.
Compliance with nepotism requirements.
Each special district shall comply with Title 52, Chapter 3, Prohibiting Employment of Relatives.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 1 - General Provisions › Section 111 - Impact fee resolution -- Notice and hearing requirements.

Effective 5/3/2023
17B-1-111.
Impact fee resolution -- Notice and hearing requirements.
(1)
(a) If a special district wishes to impose impact fees, the board of trustees of the special district shall:
(i) prepare a proposed impact fee resolution that meets the requirements of Title 11, Chapter 36a, Impact Fees Act;
(ii) make a copy of the impact fee resolution available to the public at least 10 days before the date of the public hearing and hold a public hearing on the proposed impact fee resolution; and
(iii) provide reasonable notice of the public hearing for the special district, as a class A notice under Section 63G-30-102, for at least 10 days before the date of the hearing.
(b) After the public hearing, the board of trustees may:
(i) adopt the impact fee resolution as proposed;
(ii) amend the impact fee resolution and adopt or reject it as amended; or
(iii) reject the resolution.
(2) The special district's board of trustees may enact a resolution establishing stricter notice requirements than those required by this section.
(3)
(a) Proof that notice required by this section was given is prima facie evidence that notice was properly given.
(b) If notice given under authority of this section is not challenged within 30 days from the date of the meeting for which the notice was given, the notice is considered adequate and proper.
Amended by Chapter 15, 2023 General Session
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 1 - General Provisions › Section 113 - Liability insurance.

Effective 2/27/2023
17B-1-113.
Liability insurance.
(1) Each special district with an annual operating budget of $50,000 or more shall obtain liability insurance as considered appropriate by the special district board.
(2) Each special district with an annual operating budget of less than $50,000 is not required to obtain liability insurance, but liability insurance is encouraged, as considered appropriate by the special district board.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 1 - General Provisions › Section 114 - Special district property taxes on a parity with general taxes.

Effective 2/27/2023
17B-1-114.
Special district property taxes on a parity with general taxes.
Unless otherwise specifically provided by statute, property taxes levied by a special district shall constitute a lien on the property on a parity with and collectible at the same time and in the same manner as general county taxes that are a lien on the property.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 1 - General Provisions › Section 115 - Validation of previously created special districts -- Continuation of certain special districts under this chapter -- Providing a previously authorized service.

Effective 2/27/2023
17B-1-115.
Validation of previously created special districts -- Continuation of certain special districts under this chapter -- Providing a previously authorized service.
(1) Each special district created before April 30, 2007 under the law in effect at the time of the creation is declared to be validly and legally constituted.
(2) An entity created and operating under the law in effect before April 30, 2007 as a special district but not as a cemetery maintenance district, drainage district, fire protection district, improvement district, irrigation district, metropolitan water district, mosquito abatement district, public transit district, service area, or water conservancy district shall continue on and after April 30, 2007 as a special district subject to the provisions of this chapter but not subject to the provisions of Chapter 2a, Provisions Applicable to Different Types of Special Districts.
(3) Nothing in this title may be construed to prohibit or limit a special district from providing on or after April 30, 2007 a service that it was authorized before that date to provide.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 1 - General Provisions › Section 116 - Property exempt from taxation and execution.

Effective 2/27/2023
17B-1-116.
Property exempt from taxation and execution.
All property and assets of a special district are exempt from taxation and exempt from execution.
Amended by Chapter 15, 2023 General Session