reglab/statecodes huggingface dataset:
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13a - Governmental Nonprofit Corporations Act › Section 102 - Definitions.

Effective 2/27/2023
11-13a-102.
Definitions.
As used in this chapter:
(1) "Controlling interest" means that one or more governmental entities collectively represent a majority of the board's voting power as outlined in the nonprofit corporation's governing documents.
(2)
(a) "Governing board" means the body that governs a governmental nonprofit corporation.
(b) "Governing board" includes a board of directors.
(3) "Governmental entity" means the state, a county, a municipality, a special district, a special service district, a school district, a state institution of higher education, or any other political subdivision or administrative unit of the state.
(4)
(a) "Governmental nonprofit corporation" means:
(i) a nonprofit corporation that is wholly owned or wholly controlled by one or more governmental entities, unless the nonprofit corporation receives no operating funding or other financial support from any governmental entity; or
(ii) a nonprofit corporation in which one or more governmental entities exercise a controlling interest and:
(A) that exercises taxing authority;
(B) that imposes a mandatory fee for association or participation with the nonprofit corporation where that association or participation is mandated by law; or
(C) that receives a majority of the nonprofit corporation's operating funding from one or more governmental entities under the nonprofit corporation's governing documents, except where voluntary membership fees, dues, or assessments compose the operating funding.
(b) "Governmental nonprofit corporation" does not include a water company, as that term is defined in Section 16-4-102, unless the water company is wholly owned by one or more governmental entities.
(5) "Municipality" means a city, town, or metro township.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13a - Governmental Nonprofit Corporations Act › Section 103 - Governance -- Powers of governing body.

Effective 5/9/2017
11-13a-103.
Governance -- Powers of governing body.
(1) A governing board shall manage and direct the business and affairs of a governmental nonprofit corporation.
(2) Each member of a governing board has and owes a fiduciary duty to the governmental nonprofit corporation.
(3) A governing board:
(a) shall elect a chair from the members of the board; and
(b) subject to Subsection (4), may elect other officers as the board considers appropriate.
(4)
(a) One person may not hold, at the same time, the offices of chair and treasurer, chair and clerk, or treasurer and clerk.
(b) An officer serves at the pleasure of the governing board.
(c) The governing board may designate a set term for each office.
Enacted by Chapter 441, 2017 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13a - Governmental Nonprofit Corporations Act › Section 104 - Quorum of the governing board -- Meetings of the governing board.

Effective 5/9/2017
11-13a-104.
Quorum of the governing board -- Meetings of the governing board.
(1)
(a) A majority of the governing board constitutes a quorum for the transaction of governing board business.
(b) Action by a majority of a quorum constitutes action of the governing board.
(2) The governing board shall hold regular and special meetings as the governing board determines at a location that the governing board determines.
(3)
(a) The governing board shall ensure that each meeting of the governing board complies with Title 52, Chapter 4, Open and Public Meetings Act.
(b) Subject to Title 52, Chapter 4, Open and Public Meetings Act, a governing board shall:
(i) adopt rules of order and procedure to govern a public meeting of the governing board;
(ii) conduct a public meeting in accordance with the governing board's rules of order and procedure; and
(iii) make the governing board's rules of order and procedure available to the public:
(A) at each meeting of the governing board; and
(B) on the governmental nonprofit corporation's public website, if available.
(4) The governing board shall comply with:
(a)Title 11, Chapter 13, Part 5, Fiscal Procedures for Interlocal Entities; and
(b)Title 63G, Chapter 2, Government Records Access and Management Act.
Enacted by Chapter 441, 2017 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13a - Governmental Nonprofit Corporations Act › Section 105 - Registration as a limited purpose entity.

Effective 5/8/2018
11-13a-105.
Registration as a limited purpose entity.
(1) Each governmental nonprofit corporation shall register and maintain the governmental nonprofit corporation's registration as a limited purpose entity, in accordance with Section 67-1a-15.
(2) A governmental nonprofit corporation that fails to comply with Subsection (1) or Section 67-1a-15 is subject to enforcement by the state auditor, in accordance with Section 67-3-1.
Enacted by Chapter 256, 2018 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13a - Governmental Nonprofit Corporations Act › Section 106 - Training for board members.

Effective 5/14/2019
11-13a-106.
Training for board members.
(1)
(a)
(i) Each member of a board of directors of a governmental nonprofit corporation shall complete the training described in Subsection (2)(a):
(A) within six months after the day on which the member becomes a board member; or
(B) for a member already in the position of board member on May 14, 2019, before November 14, 2019.
(ii) If a board member fails to complete the training described in Subsection (2)(a) within the time period specified in Subsection (1)(a)(i):
(A) the state auditor shall issue a notice of noncompliance to the board member and the relevant board of directors; and
(B) if the board member fails to complete the training described in Subsection (2)(a) within 30 calendar days after the date of the auditor's notice of noncompliance, the board member is disqualified and may not act as a board member.
(b) For the purposes of Subsection (1)(a), a member of a board of directors of a governmental nonprofit corporation takes office each time the member is elected or appointed to a new term.
(2) The state auditor shall:
(a) develop a training or other informational resource to aid a governmental nonprofit corporation in implementing best practices for financial controls and board governance;
(b) provide the training or other informational resource described in Subsection (2)(a) to each of the following entities that provides any required budgeting, expenditure, or financial report to the state auditor:
(i) a governmental nonprofit corporation; and
(ii) a state agency or political subdivision of the state that wholly controls or has a controlling interest in a governmental nonprofit corporation, as described in Section 11-13a-102;
(c) ensure that the training described in Subsection (2)(a) complies with Title 63G, Chapter 22, State Training and Certification Requirements; and
(d) issue a certificate of completion to each board member that completes the training described in Subsection (2)(a).
Enacted by Chapter 416, 2019 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 14 - Local Government Bonding Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 2/27/2023
11-14-102.
Definitions.
For the purpose of this chapter:
(1) "Bond" means any bond authorized to be issued under this chapter, including municipal bonds.
(2) "Election results" has the same meaning as defined in Section 20A-1-102.
(3) "Governing body" means:
(a) for a county, city, town, or metro township, the legislative body of the county, city, or town;
(b) for a special district, the board of trustees of the special district;
(c) for a school district, the local board of education; or
(d) for a special service district under Title 17D, Chapter 1, Special Service District Act:
(i) the governing body of the county or municipality that created the special service district, if no administrative control board has been established under Section 17D-1-301; or
(ii) the administrative control board, if one has been established under Section 17D-1-301 and the power to issue bonds not payable from taxes has been delegated to the administrative control board.
(4)
(a) "Local political subdivision" means a county, city, town, metro township, school district, special district, or special service district.
(b) "Local political subdivision" does not include the state and its institutions.
(5) "Special district" means a district operating under Title 17B, Limited Purpose Local Government Entities - Special Districts.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 14 - Local Government Bonding Act › Part 2 - Bond Elections › Section 201 - Election on bond issues -- Qualified electors -- Resolution and notice.

Effective 5/13/2014
11-14-201.
Election on bond issues -- Qualified electors -- Resolution and notice.
(1) The governing body of any local political subdivision that wishes to issue bonds under the authority granted in Section 11-14-103 shall:
(a) at least 75 days before the date of election:
(i) approve a resolution submitting the question of the issuance of the bonds to the voters of the local political subdivision; and
(ii) provide a copy of the resolution to:
(A) the lieutenant governor; and
(B) the election officer, as defined in Section 20A-1-102, charged with conducting the election; and
(b) comply with the requirements of Title 59, Chapter 1, Part 16, Transparency of Ballot Propositions Act.
(2) The local political subdivision may not issue the bonds unless the majority of the qualified voters of the local political subdivision who vote on the bond proposition approve the issuance of the bonds.
(3) Nothing in this section requires an election for the issuance of:
(a) refunding bonds; or
(b) other bonds not required by law to be voted on at an election.
(4) The resolution calling the election shall include a ballot proposition, in substantially final form, that complies with the requirements of Subsection 11-14-206(2).
Amended by Chapter 356, 2014 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 14 - Local Government Bonding Act › Part 2 - Bond Elections › Section 203 - Time for election -- Equipment -- Election officials -- Combining precincts.

Effective 5/4/2022
11-14-203.
Time for election -- Equipment -- Election officials -- Combining precincts.
(1)
(a) The local political subdivision shall ensure that bond elections are conducted and administered according to the procedures set forth in this chapter and the sections of the Election Code specifically referenced by this chapter.
(b) When a local political subdivision complies with those procedures, there is a presumption that the bond election was properly administered.
(2)
(a) A bond election may be held, and the proposition for the issuance of bonds may be submitted, on the same date as the regular general election, the municipal general election held in the local political subdivision calling the bond election, or at a special election called for the purpose on a date authorized by Section 20A-1-204.
(b) A bond election may not be held, nor a proposition for issuance of bonds be submitted, at the presidential primary election held under Title 20A, Chapter 9, Part 8, Presidential Primary Election.
(3)
(a) The bond election shall be conducted and administered by the election officer designated in Sections 20A-1-102 and 20A-5-400.5.
(b)
(i) The duties of the election officer shall be governed by Title 20A, Chapter 5, Part 4, Election Officer's Duties.
(ii) The publishing requirement under Subsection 20A-5-405(1)(f)(iii) does not apply when notice of a bond election has been provided according to the requirements of Section 11-14-202.
(c) The hours during which the polls are to be open shall be consistent with Section 20A-1-302.
(d) The appointment and duties of election judges shall be governed by Title 20A, Chapter 5, Part 6, Poll Workers.
(e) General voting procedures shall be conducted according to the requirements of Title 20A, Chapter 3a, Voting.
(f) The designation of election crimes and offenses, and the requirements for the prosecution and adjudication of those crimes and offenses are set forth in Title 20A, Election Code.
(4) When a bond election is being held on a day when no other election is being held in the local political subdivision calling the bond election, voting precincts may be combined for purposes of bond elections so long as no voter is required to vote outside the county in which the voter resides.
(5) When a bond election is being held on the same day as any other election held in a local political subdivision calling the bond election, or in some part of that local political subdivision, the polling places and election officials serving for the other election may also serve as the polling places and election officials for the bond election, so long as no voter is required to vote outside the county in which the voter resides.
Amended by Chapter 170, 2022 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 14 - Local Government Bonding Act › Part 2 - Bond Elections › Section 204 - Challenges to voter qualifications.

Effective 5/12/2020
11-14-204.
Challenges to voter qualifications.
(1) Any person's qualifications to vote at a bond election may be challenged according to the procedures and requirements of Sections 20A-3a-205 and 20A-3a-803.
(2) A bond election may not be invalidated on the grounds that ineligible voters voted unless:
(a) it is shown by clear and convincing evidence that ineligible voters voted in sufficient numbers to change the result of the bond election; and
(b) the complaint is filed before the expiration of the time period permitted for contests in Subsection 20A-4-403(3).
(3) The votes cast by the voters shall be accepted as having been legally cast for purposes of determining the outcome of the election, unless the court in a bond election contest finds otherwise.
Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 14 - Local Government Bonding Act › Part 2 - Bond Elections › Section 205 - Special registration not required -- Official register supplied by clerk.

11-14-205.
Special registration not required -- Official register supplied by clerk.
(1)
(a) Voter registration shall be administered according to the requirements of Title 20A, Chapter 2, Voter Registration.
(b) The governing body may not require or mandate any special registration of voters for a bond election.
(2) The county clerk of each county in which a local political subdivision holding the bond election is located shall prepare the official register for the bond election according to the requirements of Section 20A-5-401.
(3) The official register's failure to identify those voters not residing in the local political subdivision holding the bond election, or any inaccuracy in that identification, is not a ground for invalidating the bond election.
Amended by Chapter 83, 2006 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 14 - Local Government Bonding Act › Part 2 - Bond Elections › Section 207 - Counting and canvassing -- Official finding.

11-14-207.
Counting and canvassing -- Official finding.
(1)
(a) Following the election officer's inspection and count of the ballots in accordance with the procedures of Title 20A, Chapter 4, Part 1, Counting Ballots and Tabulating Results, and Part 2, Transmittal and Disposition of Ballots and Election Returns, the governing body shall meet and canvass the election results.
(b)
(i) The governing body of the local political subdivision is the board of canvassers for the bond proposition.
(ii) The board of canvassers shall always consist of a quorum of the governing body.
(c) The canvass of the election results shall be made in public no sooner than seven days after the election and no later than 14 days after the election.
(d) The canvass of election results shall be conducted according to the procedures and requirements of Subsection 20A-4-301(3) and Sections 20A-4-302 and 20A-4-303.
(e) If a bond proposition is submitted to a vote on the same day as any other election held in the local political subdivision calling the bond election, the governing body shall coordinate the date of its canvass with any other board of canvassers appointed under Section 20A-4-301.
(2)
(a) After the canvass of election returns, the governing body shall record in its minutes:
(i) an official finding as to the total number of votes cast, the number of affirmative votes, the number of negative votes, the number of challenged voters, the number of challenged voters that were issued a provisional ballot, and the number of provisional ballots that were counted; and
(ii) an official finding that the bond proposition was approved or rejected.
(b) The governing body need not file with the county clerk or with any other official:
(i) any statement or certificate of the election results;
(ii) any affidavit with respect to the facts pertaining to the election; or
(iii) any affidavit pertaining to the indebtedness and valuation of the municipality.
(3) The official finding that the majority of the qualified voters of the local political subdivision voting on the bond proposition approved the issuance of the bonds is conclusive in any action or proceeding involving the validity of the election or involving the determination or declaration of the result of the election if the action is filed after the expiration of the period provided in Subsection 20A-4-403(3).
Amended by Chapter 83, 2006 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 14 - Local Government Bonding Act › Part 2 - Bond Elections › Section 208 - Contest of election results -- Procedure.

11-14-208.
Contest of election results -- Procedure.
(1)
(a) Any person wishing to contest the results of a bond election shall comply with the procedures and requirements of Title 20A, Chapter 4, Part 4, Recounts and Election Contests.
(b) The local political subdivision calling the election shall be regarded as the defendant.
(2) Unless the complaint is filed within the period prescribed in Subsection 20A-4-403(3), a court may not:
(a) allow an action contesting the bond election to be maintained; or
(b) set aside or hold the bond election invalid.
Enacted by Chapter 105, 2005 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 14 - Local Government Bonding Act › Part 3 - Issuance of Bonds › Section 303 - Bonds, notes, or other obligations of political subdivisions exempt from taxation except corporate franchise tax.

11-14-303.
Bonds, notes, or other obligations of political subdivisions exempt from taxation except corporate franchise tax.
All bonds, notes, or other obligations issued under this chapter or under any other law authorizing the issuance of bonds, notes, or indebtedness by a local political subdivision or any other political subdivision now existing or subsequently created under the laws of Utah, including bonds payable solely from special assessments and tax anticipation indebtedness, and the interest on them shall be exempt from all taxation in this state, except for the corporate franchise tax.
Amended by Chapter 83, 2006 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 14 - Local Government Bonding Act › Part 3 - Issuance of Bonds › Section 304 - Facsimile signatures and facsimile seal, use permitted -- Validity of signed bonds.

11-14-304.
Facsimile signatures and facsimile seal, use permitted -- Validity of signed bonds.
(1) If the use of a facsimile signature is authorized by the body empowered by law to authorize the issuance of the bonds or other obligations of any agency, instrumentality, or institution of this state or of any municipal corporation, political subdivision, improvement district, taxing district, or other governmental entity within the state, whether or not issued under this chapter, any officer so authorized may execute, authenticate, certify, or endorse, or cause to be executed, authenticated, certified, or endorsed the bond or other obligation, or any certificate required to be executed on the back thereof, with a facsimile signature in lieu of his manual signature if at least one signature required or permitted to be placed on the face thereof shall be manually subscribed. Upon compliance with this chapter by the authorized officer, his facsimile signature has the same legal effect as his manual signature. When any seal is required in the execution, authentication, certification, or endorsement of the bond or other obligation, or any certificate required to be executed on the back thereof, the authorized officer may cause the seal to be printed, engraved, lithographed, stamped, or otherwise placed in facsimile thereon. The facsimile seal has the same legal effect as the impression of the seal.
(2) Bonds or other obligations bearing the signatures (manual or facsimile) of officers in office on the date of the execution thereof shall be valid and binding obligations notwithstanding that before the delivery thereof any or all of the persons whose signatures appear thereon shall have ceased to be officers of the local political subdivision.
Renumbered and Amended by Chapter 105, 2005 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 14 - Local Government Bonding Act › Part 3 - Issuance of Bonds › Section 304.5 - Recital in bonds -- Incontestability.

11-14-304.5.
Recital in bonds -- Incontestability.
(1) In the resolution authorizing bonds to be issued as provided in this chapter or other applicable law, a local political subdivision may require that the bonds recite that they are issued under authority of this chapter or other applicable law.
(2)
(a) A bond recital as provided in Subsection (1) conclusively establishes full compliance with all the provisions of applicable law.
(b) All bonds issued containing a recital as provided in Subsection (1) shall be incontestable for any reason after their delivery for value.
Enacted by Chapter 83, 2006 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 14 - Local Government Bonding Act › Part 3 - Issuance of Bonds › Section 305 - Registration, denominations, and exchange of obligations.

11-14-305.
Registration, denominations, and exchange of obligations.
(1) As used in this section, "obligations" means bonds, bond anticipation notes, and tax anticipation notes.
(2) Unless otherwise provided by the local political subdivision, Title 15, Chapter 7, Registered Public Obligations Act, governs and applies to all obligations issued in registered form. If Title 15, Chapter 7, Registered Public Obligations Act, is inapplicable to an issue of obligations, Subsection (3) governs and applies with respect to such issue.
(3) Any obligations issued under this chapter may be issued in denominations as determined by the governing body. The governing body may provide for the exchange of any of these obligations after issuance for obligations of larger or smaller denominations in such manner as may be provided in the authorizing resolution, provided the obligations in changed denominations shall be exchanged for the original obligations in like aggregate principal amounts and in such manner that no overlapping interest is paid; and such obligations in changed denominations shall bear interest at the same rate or rates, if any, shall mature on the same date or dates, shall be as nearly as practicable in the same form except for an appropriate recital as to the exchange, and shall in all other respects, except as to denominations and numbers, be identical with the original obligations surrendered for exchange. Where any exchange is made under this section, the obligations surrendered by the holders at the time of exchange shall be cancelled; any such exchange shall be made only at the request of the holders of the obligations to be surrendered; and the governing body may require all expenses incurred in connection with such exchange, including the authorization and issuance of the new obligations, to be paid by such holders.
Amended by Chapter 83, 2006 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 14 - Local Government Bonding Act › Part 3 - Issuance of Bonds › Section 309 - Refunding bonds -- Limitation on redemption of bonds.

11-14-309.
Refunding bonds -- Limitation on redemption of bonds.
(1) Any bond issued under this chapter may be refunded as provided in the Utah Refunding Bond Act.
(2) Nothing contained in this chapter nor in any other law of this state may be construed to permit any local political subdivision to call outstanding bonds for redemption in order to refund those bonds or in order to pay them prior to their stated maturities, unless:
(a) the right to call the bonds for redemption was specifically reserved and stated in the bonds at the time of their issuance; and
(b) all conditions with respect to the manner, price, and time applicable to the redemption as set forth in the proceedings authorizing the outstanding bonds are strictly observed.
(3) A holder of an outstanding bond may not be compelled to surrender the bond for refunding before its stated maturity or optional date of redemption expressly reserved in the bond, even though the refunding might result in financial benefit to the local political subdivision issuing the bond.
Renumbered and Amended by Chapter 105, 2005 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 14 - Local Government Bonding Act › Part 3 - Issuance of Bonds › Section 312 - Prior bonds validated -- Exceptions.

11-14-312.
Prior bonds validated -- Exceptions.
All bonds issued by any local political subdivision before May 1, 2006, and all proceedings had in the authorization and issuance of them are hereby validated, ratified, and confirmed; and all such bonds are declared to constitute legally binding obligations in accordance with their terms. Nothing in this section shall be construed to affect or validate any bonds, the legality of which is being contested as of May 1, 2006.
Amended by Chapter 83, 2006 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 14 - Local Government Bonding Act › Part 3 - Issuance of Bonds › Section 314 - Tax anticipation obligations validated.

11-14-314.
Tax anticipation obligations validated.
All obligations issued in anticipation of the collection of taxes and other revenues by any local political subdivision before May 1, 2006, and all proceedings had in the authorization and issuance of them are validated, ratified, and confirmed; and all these obligations are declared to constitute legally binding obligations in accordance with their terms. Nothing in this section shall be construed to affect or validate any of these obligations, the legality of which is being contested as of May 1, 2006.
Amended by Chapter 83, 2006 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 14 - Local Government Bonding Act › Part 3 - Issuance of Bonds › Section 315 - Nature and validity of bonds issued -- Applicability of other statutory provisions -- Budget provision required -- Applicable procedures for issuance -- Notice.

Effective 5/3/2023
11-14-315.
Nature and validity of bonds issued -- Applicability of other statutory provisions -- Budget provision required -- Applicable procedures for issuance -- Notice.
Bonds issued under this chapter shall have all the qualities of negotiable paper, shall be incontestable in the hands of bona fide purchasers or holders for value and are not invalid for any irregularity or defect in the proceedings for their issuance and sale. This chapter is intended to afford an alternative method for the issuance of bonds by local political subdivisions and may not be so construed as to deprive any local political subdivision of the right to issue its bonds under authority of any other statute, but nevertheless this chapter shall constitute full authority for the issue and sale of bonds by local political subdivisions. The provisions of Section 11-1-1 are not applicable to bonds issued under this chapter. Any local political subdivision subject to the provisions of any budget law shall in its annual budget make proper provision for the payment of principal and interest currently falling due on bonds issued hereunder, but no provision need be made in any such budget prior to the issuance of the bonds for the issuance thereof or for the expenditure of the proceeds thereof. No ordinance, resolution or proceeding in respect to the issuance of bonds hereunder shall be necessary except as herein specifically required, nor shall the publication of any resolution, proceeding or notice relating to the issuance of the bonds be necessary except as herein required. Any publication made hereunder shall be made by providing notice for the local political subdivision, as a class A notice under Section 63G-30-102. No resolution adopted or proceeding taken hereunder shall be subject to referendum petition or to an election other than as herein required. All proceedings adopted hereunder may be adopted on a single reading at any legally convened meeting of the governing body.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 14 - Local Government Bonding Act › Part 3 - Issuance of Bonds › Section 316 - Publication of notice, resolution, or other proceeding -- Contest.

Effective 5/3/2023
11-14-316.
Publication of notice, resolution, or other proceeding -- Contest.
(1) The governing body of any local political subdivision may provide for the publication of any resolution or other proceeding adopted under this chapter:
(a) for the local political subdivision, as a class A notice under Section 63G-30-102, for at least 30 days; and
(b) as required in Section 45-1-101.
(2) When a resolution or other proceeding provides for the issuance of bonds, the governing body may, in lieu of publishing the entire resolution or other proceeding, publish a notice of bonds to be issued, titled as such, containing:
(a) the name of the issuer;
(b) the purpose of the issue;
(c) the type of bonds and the maximum principal amount which may be issued;
(d) the maximum number of years over which the bonds may mature;
(e) the maximum interest rate which the bonds may bear, if any;
(f) the maximum discount from par, expressed as a percentage of principal amount, at which the bonds may be sold;
(g) a general description of the security pledged for repayment of the bonds;
(h) the total par amount of bonds currently outstanding that are secured by the same pledge of revenues as the proposed bonds, if any;
(i) information on a method by which an individual may obtain access to more detailed information relating to the outstanding bonds of the local political subdivision;
(j) the estimated total cost to the local political subdivision for the proposed bonds if the bonds are held until maturity, based on interest rates in effect at the time that the local political subdivision publishes the notice; and
(k) the times and place where a copy of the resolution or other proceeding may be examined, which shall be:
(i) at an office of the issuer identified in the notice, during regular business hours of the issuer as described in the notice; and
(ii) for a period of at least 30 days after the publication of the notice.
(3) For a period of 30 days after the publication, any person in interest may contest:
(a) the legality of such resolution or proceeding;
(b) any bonds which may be authorized by such resolution or proceeding; or
(c) any provisions made for the security and payment of the bonds.
(4) A person shall contest the matters set forth in Subsection (3) by filing a verified written complaint in the district court of the county in which he resides within the 30-day period.
(5) After the 30-day period, no person may contest the regularity, formality, or legality of the resolution or proceeding for any reason.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 14 - Local Government Bonding Act › Part 3 - Issuance of Bonds › Section 317 - Bonds as legal investments -- Use as security for the faithful performance of acts.

11-14-317.
Bonds as legal investments -- Use as security for the faithful performance of acts.
(1) All bonds issued under this chapter or other applicable law shall be legal investments for:
(a) all trust funds, including those under the jurisdiction of the state;
(b) the funds of all insurance companies, banks, and both commercial and savings and trust companies;
(c) the state school funds; and
(d) all sinking funds under the control of the state treasurer.
(2) If funds may by law be invested in or loaned upon the security of bonds of a county, city, or school district, funds may be invested in or loaned upon the security of the bonds of any other local political subdivision.
(3) If bonds of a county, city, or school district may by law be used as security for the faithful performance on execution of any court or private trust or any other act, the bonds of any other local political subdivision may be used in the same way.
Enacted by Chapter 83, 2006 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 14 - Local Government Bonding Act › Part 3 - Issuance of Bonds › Section 318 - Public hearing required -- Notice.

Effective 5/3/2023
11-14-318.
Public hearing required -- Notice.
(1) Before issuing bonds authorized under this chapter, a local political subdivision shall:
(a) in accordance with Subsection (2), provide public notice of the local political subdivision's intent to issue bonds; and
(b) hold a public hearing:
(i) if an election is required under this chapter:
(A) no sooner than 30 days before the day on which the notice of election is published under Section 11-14-202; and
(B) no later than five business days before the day on which the notice of election is published under Section 11-14-202; and
(ii) to receive input from the public with respect to:
(A) the issuance of the bonds; and
(B) the potential economic impact that the improvement, facility, or property for which the bonds pay all or part of the cost will have on the private sector.
(2) A local political subdivision shall:
(a) publish the notice required by Subsection (1)(a) for the local political subdivision, as a class A notice under Section 63G-30-102, for no less than 14 days before the day of the public hearing required by Subsection (1)(b); and
(b) ensure that the notice:
(i) identifies:
(A) the purpose for the issuance of the bonds;
(B) the maximum principal amount of the bonds to be issued;
(C) the taxes, if any, proposed to be pledged for repayment of the bonds; and
(D) the time, place, and location of the public hearing; and
(ii) informs the public that the public hearing will be held for the purposes described in Subsection (1)(b)(ii).
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 14 - Local Government Bonding Act › Part 4 - Miscellaneous Provisions › Section 401 - Short title -- Title to appear on face of bonds -- Effect of future statutes dealing with municipal bond issues.

11-14-401.
Short title -- Title to appear on face of bonds -- Effect of future statutes dealing with municipal bond issues.
(1) This chapter is known as the "Local Government Bonding Act."
(2) All bonds issued pursuant to authority contained in this chapter shall contain on their face a recital to that effect, and no chapter hereafter passed by the Legislature amending other chapters under which bonds authorized to be issued by this chapter might be issued or dealing with bond issues of local political subdivisions shall be construed to affect the authority to proceed under this chapter in the manner herein provided unless such future statute amends this chapter and specifically provides that it is to be applicable to bonds issued under this chapter.
(3) All bonds referencing the prior title of this chapter, "Utah Municipal Bond Act," that were issued prior to May 2, 2005 pursuant to the authority contained in this chapter shall be considered to reference this chapter and shall be construed according to the terms of Subsection (1) as if they refer to the current title of this chapter.
Renumbered and Amended by Chapter 105, 2005 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 14 - Local Government Bonding Act › Part 4 - Miscellaneous Provisions › Section 402 - Exemptions from application of chapter -- Exception.

11-14-402.
Exemptions from application of chapter -- Exception.
(1) Except as provided in Subsection (2), this chapter does not apply to bonds issued by the state of Utah nor to bonds or obligations payable solely from special assessments levied on benefited property.
(2) Sections 11-14-303 and 11-14-501 have general application in accordance with their terms.
Renumbered and Amended by Chapter 105, 2005 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 14 - Local Government Bonding Act › Part 4 - Miscellaneous Provisions › Section 403 - Conflict of laws.

11-14-403.
Conflict of laws.
To the extent that any one or more provisions of this chapter shall be in conflict with any other law or laws, the provisions of this chapter shall be controlling.
Renumbered and Amended by Chapter 105, 2005 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 14 - Local Government Bonding Act › Part 4 - Miscellaneous Provisions › Section 404 - Severability clause.

11-14-404.
Severability clause.
If any one or more sentences, clauses, phrases, provisions or sections of this chapter or the application thereof to any set of circumstances shall be held by final judgment of any court of competent jurisdiction to be invalid, the remaining sentences, clauses, phrases, provisions and sections hereof and the application of this chapter to other sets of circumstances shall nevertheless continue to be valid and effective, the legislature hereby declaring that all provisions of this chapter are severable.
Renumbered and Amended by Chapter 105, 2005 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 14 - Local Government Bonding Act › Part 4 - Miscellaneous Provisions › Section 405 - Validity of prior bond issues.

11-14-405.
Validity of prior bond issues.
All bonds issued by any local political subdivision before May 1, 2006, and all proceedings had in the authorization and issuance of those bonds are hereby validated, ratified, and confirmed, and all those bonds are declared to constitute legally binding obligations in accordance with their terms. Nothing in this section may be construed to affect or validate any bonds, the legality of which is being contested as of May 1, 2006.
Amended by Chapter 83, 2006 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 14 - Local Government Bonding Act › Part 4 - Miscellaneous Provisions › Section 406 - Application of chapter.

11-14-406.
Application of chapter.
Sections 11-14-201, 11-14-202, 11-14-203, 11-14-204, 11-14-205, and 11-14-207 shall apply to all bond elections held by any local political subdivision and, except as otherwise provided in Section 11-14-402, by any other taxing district or governmental entity whether or not the bonds are issued under authority granted by this chapter.
Amended by Chapter 83, 2006 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 17 - Utah Industrial Facilities and Development Act › Section 3.5 - Powers of Military Installation Development Authority.

11-17-3.5.
Powers of Military Installation Development Authority.
The military installation development authority, created in Section 63H-1-201, is subject to and governed by the provisions of this chapter to the same extent as if the military installation development authority were a municipality.
Enacted by Chapter 92, 2009 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 17 - Utah Industrial Facilities and Development Act › Section 4 - Bonds -- Limitations -- Form and provisions -- Sale -- Negotiability.

11-17-4.
Bonds -- Limitations -- Form and provisions -- Sale -- Negotiability.
(1) All bonds issued by a municipality or county under this chapter shall be limited obligations of the municipality or county. Bonds and interest coupons issued under this chapter may not constitute nor give rise to a general obligation or liability of the municipality or county or a charge against its general credit or taxing powers. Such limitation shall be plainly stated upon the face of such bonds.
(2) The bonds referred to in Subsection (1) may be authorized by resolution of the governing body, and may:
(a) be executed and delivered at any time and from time to time;
(b) be in such form and denominations;
(c) be of such tenor;
(d) be in registered or bearer form either as to principal or interest or both;
(e) be payable in such installments and at such time or times as the governing body may deem advisable;
(f) be payable at such place or places either within or without the state of Utah;
(g) bear interest at such rate or rates, payable at such place or places, and evidenced in such manner;
(h) be redeemable prior to maturity, with or without premium;
(i) be convertible into equity positions in any asset or assets acquired or developed with the proceeds of the sale of the bonds; and
(j) contain such other provisions not inconsistent with this chapter as shall be deemed for the best interests of the municipality or county and provided for in the proceedings of the governing body under which the bonds shall be authorized to be issued.
(3) Any bonds issued under this chapter may be sold at public or private sale in such manner and at such time or times as may be determined by the governing body to be most advantageous. The municipality or county may pay all expenses, premiums, and commissions which the governing body may deem necessary or advantageous in connection with the authorization, sale, and issuance of such bonds from the proceeds of the sale of such bonds or from the revenues of the project or projects.
(4) All bonds issued under this chapter and all interest coupons applicable thereto shall be construed to be negotiable instruments, despite the fact that they are payable solely from a specified source.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 17 - Utah Industrial Facilities and Development Act › Section 4.6 - Bonds -- Terms specified by governing body.

11-17-4.6.
Bonds -- Terms specified by governing body.
The proceedings of the governing body under which the bonds are authorized to be issued may:
(1) if the bonds bear interest at a variable rate or rates, specify the methods, formulas, or indices by which the interest rate or rates on the bonds may be determined;
(2) specify the terms and conditions under which the bonds may be issued, sold, and delivered, the officer of the issuing municipality, county, or state university responsible for the issuance, execution, and delivery of the bonds, the maximum amount of bonds which may be outstanding at any one time, the source of payment of the bonds, which may include the proceeds of refunding bonds issued under this chapter, and all other details necessary or appropriate for the issuance of bonds not inconsistent with this chapter; and
(3) delegate, by resolution, to one or more officers of the issuing municipality, county, or state university the authority to:
(a) in accordance with and within the parameters set forth in the resolution, approve the final interest rate or rates, price, principal amount, maturity or maturities, redemption features, and other terms of the bond; and
(b) approve and execute all documents relating to the issuance of the bonds.
Amended by Chapter 145, 2011 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 17 - Utah Industrial Facilities and Development Act › Section 6 - Refunding bonds.

11-17-6.
Refunding bonds.
Any bonds issued under this act and at any time outstanding may at any time and from time to time be refunded either in advance or by exchange by a municipality or county by the issuance of its refunding bonds in such amount as the governing body may deem necessary. Any such refunding may be effected whether the bonds to be refunded shall have then matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds from same to the payment of the bonds to be refunded by such refunding bonds or by exchange of the refunding bonds for the bonds to be refunded by such refunding bonds. Any refunding bonds issued under this act shall be subject to the provisions contained in Section 11-17-4 and may be secured in accordance with the provisions of Section 11-17-5.
Enacted by Chapter 29, 1967 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 17 - Utah Industrial Facilities and Development Act › Section 7 - Disposition of proceeds of bonds.

11-17-7.
Disposition of proceeds of bonds.
The proceeds from the sale of any bonds issued under this act shall be applied only for the purposes for which the bonds were issued; but any accrued interest and premium received upon any such sale shall be applied to the payment of the principal of or the interest on the bonds sold, and if for any reason any portion of such proceeds are not needed for the purposes for which the bonds were issued, then such unneeded portion of such proceeds shall be applied to the payment of the principal of or the interest on such bonds or in accordance with such other plan or device for the furtherance of the project and the protection of the bondholder as the governing body shall deem appropriate under the circumstances.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 17 - Utah Industrial Facilities and Development Act › Section 8 - Items included in cost of project.

11-17-8.
Items included in cost of project.
The cost of acquiring or improving any project includes the following:
(1) the actual cost of acquiring or improving real estate;
(2) the actual cost of enlarging, constructing, reconstructing, improving, maintaining, equipping, or furnishing all or any part of a project which may be constructed, including architects' or engineers' fees;
(3) all expenses in connection with the authorization, sale, and issuance of the bonds to finance such acquisition or improvement, enlargement, construction, reconstruction, improvement, maintenance, equipping, or furnishing, including legal fees, financial advisers fees, letter of credit fees, line of credit or other liquidity agreement fees, bank acceptance fees, fees of tender agents, remarketing agents and indexing agents, premiums for bond insurance or insurance of the obligations of users under security agreements, printing costs, underwriters' discount, reserves to pay principal and interest on the bonds, and the interest on bonds for a reasonable time prior to construction, during construction, and for a reasonable period of time after completion of construction; and
(4) amounts to pay or discharge, or provide for the payment and discharge of, any existing indebtedness incurred to finance or refinance hospital, nursing home, or extended care facility property owned by a user for which a project is to be undertaken under this chapter.
Amended by Chapter 128, 1985 General Session