reglab/statecodes huggingface dataset:
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 2 - Local Building Authority Creation, Powers, and Governance › Section 202 - Staff and personnel of a local building authority -- Legal, accounting, and auditing services.

17D-2-202.
Staff and personnel of a local building authority -- Legal, accounting, and auditing services.
(1) A local building authority may:
(a) as necessary for the local building authority's performance of its functions and activities:
(i) subject to Subsection (2), contract for or employ staff and other personnel, including the personnel of the creating local entity; and
(ii) contract with the creating local entity to use the creating local entity's property or facilities; and
(b) include the cost of the use of the creating local entity's personnel, property, or facilities under Subsection (1)(a) in the amount the local building authority charges under a lease or agreement with the creating local entity.
(2)
(a) If a creating local entity has an elected attorney, that elected attorney shall be the legal advisor to and provide all legal services for the local building authority created by the creating local entity, subject to Subsection (3).
(b) If a creating local entity has an elected auditor, that elected auditor shall provide all accounting and auditing services for the local building authority created by the creating local entity, subject to Subsection (3).
(c) The local building authority shall reimburse the creating local entity for legal, accounting, and auditing services provided by the creating local entity's elected attorney or auditor, based on the actual cost of the services, including a reasonable amount that the creating local entity allocates for overhead, employee benefits, and general and administrative costs.
(3) Subsection (2) may not be construed to prevent a local building authority from obtaining:
(a) with the consent of the elected attorney and the governing body, legal services from an outside attorney;
(b) with the consent of the elected auditor and the governing body, accounting or auditing services from an outside accountant or auditor; or
(c) an opinion of an outside attorney or accountant that is necessary for the issuance of the local building authority's bonds.
(4) If fees for legal, accounting, or auditing services related to a project are paid by the creating local entity and not reimbursed by the local building authority, the local building authority may not include the cost of those services in the amount the local building authority charges under a lease agreement with the creating local entity with respect to that project.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 2 - Local Building Authority Creation, Powers, and Governance › Section 203 - Local building authority board of directors.

Effective 3/15/2018
17D-2-203.
Local building authority board of directors.
(1) Except as provided in Subsection (3), the members of the governing body of the creating local entity constitute the authority board of the local building authority created by the creating local entity.
(2) An authority board may be referred to as a board of trustees.
(3)
(a) For a local building authority whose creating local entity is a county that operates under the county commission form of government under Section 17-52a-201, two members of the authority board may appoint an elected officer of the county to serve temporarily as a member of the authority board if the other authority board member:
(i) is, as a member of the county commission, placed on paid administrative leave under Section 17-16-10.5;
(ii) is unable to serve due to a disability;
(iii) has a conflict of interest with respect to a matter before the authority board that disqualifies the authority board member or causes the member to abstain from participating in action on that matter; or
(iv) is unable for any other reason to serve temporarily on the authority board or to participate in a matter before the board.
(b) An elected county officer appointed to an authority board under Subsection (3)(a) may serve only until the condition under Subsection (3)(a)(i), (ii), (iii), or (iv) causing the need for the appointment is no longer present.
Amended by Chapter 68, 2018 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 3 - Local Building Authority Projects › Section 301 - Project plans and specifications.

17D-2-301.
Project plans and specifications.
Each local building authority that proposes to construct, acquire, improve, or extend a project for the use of its creating local entity shall submit to the governing body of the creating local entity:
(1) plans and specifications for the project; and
(2) the estimated project costs.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 3 - Local Building Authority Projects › Section 302 - Architect or engineer certificate -- Approval of plans and specifications.

17D-2-302.
Architect or engineer certificate -- Approval of plans and specifications.
(1) The plans and specifications submitted under Subsection 17D-2-301(1) shall include a certificate of the architect or engineer responsible for planning and designing the project, stating the estimated useful life of the project.
(2) The creating local entity's governing body shall approve the plans, specifications, and estimated project costs before:
(a) execution of a lease agreement with respect to the project; and
(b) the local building authority begins to construct, acquire, improve, or extend the project.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 4 - Local Building Authority Lease Agreements › Section 401 - Project lease agreements.

17D-2-401.
Project lease agreements.
(1) A local building authority and its creating local entity may enter into a lease agreement with respect to a project that the local building authority:
(a) has constructed, acquired, improved, or extended on behalf of the creating local entity; or
(b) will construct, acquire, improve, or extend on behalf of the creating local entity.
(2)
(a) A local building authority and its creating local entity may enter into a lease agreement before the local building authority's acquisition of a site or construction of the project.
(b) Each lease agreement described in Subsection (2)(a) shall:
(i) provide that the creating local entity is not required to make a lease payment until acquisition or construction of the project is completed; and
(ii) require the local building authority to furnish or cause the construction contractor to furnish a bond satisfactory to the creating local entity, conditioned upon:
(A) final completion of the project as expeditiously as reasonably possible from the date of the execution of the lease agreement; and
(B) delivery of possession of the project to the creating local entity free and clear of all liens and encumbrances, except:
(I) taxes, liens, and encumbrances on the local building authority's interest in the leased property; and
(II) easements and restrictions that the creating local entity accepts.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 4 - Local Building Authority Lease Agreements › Section 402 - Requirements for lease agreements.

17D-2-402.
Requirements for lease agreements.
(1) Each lease agreement between a local building authority and its creating local entity shall:
(a) provide for the payment of lease payments sufficient:
(i) to pay:
(A) the principal of and interest on local building authority bonds the proceeds of which were used to construct, acquire, improve, or extend the project;
(B) all fees and expenses of trustees and paying agents for bonds described in Subsection (1)(a)(i)(A); and
(C) all costs of maintaining and operating the project; and
(ii) to accumulate any reasonable reserve that the local building authority considers necessary;
(b) provide that the creating local entity, if not in default under the lease agreement, may:
(i) subject to Subsection (2), renew the lease for a fixed term beyond the initial term by giving specified notice before the expiration of the initial term; and
(ii) subject to Subsection (3) and the terms of the lease agreement, purchase the leased property on a date fixed in the agreement;
(c) provide that a creating local entity under the lease agreement is not under any obligation:
(i) to purchase the leased property; or
(ii) to a creditor, shareholder, or security holder of the local building authority; and
(d) require that:
(i) title to the project vest in the creating local entity upon payment in full of all outstanding local building authority bonds issued to construct, acquire, improve, or extend a project; and
(ii) any remaining assets and net earnings of the local building authority be paid to the creating local entity upon dissolution of the local building authority, as provided in Section 17D-2-702.
(2) The term of a lease agreement under this part, including any renewal of the lease agreement, may not exceed the lesser of:
(a) the estimated useful life of the project, as certified under Subsection 17D-2-302(1); and
(b) 40 years.
(3) The purchase price of leased property under Subsection (1)(b)(ii) may not exceed the project costs that the local building authority actually invested in the project.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 4 - Local Building Authority Lease Agreements › Section 403 - Provisions that a lease agreement may contain.

17D-2-403.
Provisions that a lease agreement may contain.
(1) A lease agreement between a local building authority and its creating local entity may:
(a) provide that the creating local entity, as part of the lease payments for the leased property:
(i) pay all taxes and assessments levied against or on account of the leased property or rentals from it;
(ii) maintain insurance on the leased property for the benefit of the local building authority and the holders of the local building authority's bonds; and
(iii) assume all responsibility for any repair, replacement, alteration, or improvement to the leased property during the term of the lease agreement; and
(b) authorize the local entity to sublease all or specified portions of a project to:
(i) the state;
(ii) another local entity; or
(iii) a private party, including a nonprofit corporation, if the local building authority or local entity:
(A) intends to own the project throughout the useful life of the project; and
(B) determines that the local building authority or local entity's ownership of the project furthers a legitimate public purpose.
(2) A local entity that subleases some or all of a project under Subsection (1)(b) continues to be responsible for lease payments due under the lease agreement with the local building authority.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 4 - Local Building Authority Lease Agreements › Section 404 - Lease of local entity's site to local building authority.

17D-2-404.
Lease of local entity's site to local building authority.
(1) A local entity desiring to have a local building authority construct a project for the use of the local entity upon a site that the local entity owns may lease the site to the local building authority for a nominal rental.
(2) Each lease under Subsection (1) shall grant the local building authority an option to renew the lease on the same terms and conditions if, by the time of the expiration of the lease, the local building authority has not been fully repaid the project costs it actually invested in the project.
(3) A lease under this section, including any renewal of the lease under Subsection (2), may not exceed the period specified in Subsection 17D-2-402(2).
(4)
(a) As used in this Subsection (4):
(i) "Project lease agreement" means a lease agreement between a local building authority and its creating local entity under which the local building authority leases to the creating local entity a project constructed on a site owned by the creating local entity.
(ii) "Site lease" means a creating local entity's lease of a site to a local building authority.
(b) A local entity that has entered into a site lease with a local building authority may grant the local building authority an option to purchase the site within six months after the termination of the creating local entity's lease payment obligation under the project lease agreement, to be exercised if the creating local entity under the project lease agreement:
(i) defaults under the terms of the project lease agreement; and
(ii) does not exercise its option to purchase the project under the terms of the project lease agreement.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 4 - Local Building Authority Lease Agreements › Section 405 - Default under a lease agreement.

17D-2-405.
Default under a lease agreement.
If a local entity fails to pay a lease payment due to a local building authority under a lease agreement:
(1) the local entity shall immediately quit and vacate the project;
(2) the local entity's lease payment obligation under the lease agreement terminates; and
(3) the local building authority may immediately lease the project according to the provisions of:
(a) the proceeding under which bonds to fund the project were authorized; and
(b) any mortgage given to secure the bonds.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 5 - Local Building Authority Bonds › Section 501 - Provisions applicable to issuance of local building authority bonds.

17D-2-501.
Provisions applicable to issuance of local building authority bonds.
Except as otherwise provided in this chapter:
(1) each local building authority that issues bonds shall:
(a) issue them as provided in Title 11, Chapter 14, Local Government Bonding Act, except Section 11-14-306; and
(b) receive the benefits of Title 11, Chapter 30, Utah Bond Validation Act;
(2) bonds issued by a local building authority are governed by and subject to Title 11, Chapter 14, Local Government Bonding Act, except Sections 11-14-306 and 11-14-403; and
(3) each local building authority that issues refunding bonds shall issue them as provided in Title 11, Chapter 27, Utah Refunding Bond Act.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 5 - Local Building Authority Bonds › Section 502 - Required process for issuance of local building authority bonds.

Effective 5/3/2023
17D-2-502.
Required process for issuance of local building authority bonds -- Certification of petition signatures -- Removal of signature.
(1) A local building authority may not issue bonds unless the creating local entity's governing body approves the issuance and terms of the bonds.
(2)
(a) Before issuing bonds, the authority board of a local building authority shall give public notice of the authority board's intent to issue bonds.
(b)
(i) A local building authority may not issue bonds without the approval of the creating local entity's voters if, within 30 days after the notice under Subsection (2)(a) is given, a written petition requesting an election is filed with the local building authority, signed by at least 20% of the active voters, as defined in Section 20A-1-102, within the creating local entity.
(ii) Each election under Subsection (2)(b)(i) shall be held as provided in Title 11, Chapter 14, Local Government Bonding Act, in the same manner as an election for general obligation bonds issued by the creating local entity.
(3)
(a) Within three business days after the day on which a local building authority receives a petition under Subsection (2)(b)(i), the local building authority shall provide the petition to the county clerk of the county in which the creating local entity is located.
(b) Within 14 days after the day on which a county clerk receives a petition from the local building authority under Subsection (3)(a), the county clerk shall:
(i) use the procedures described in Section 20A-1-1002 to determine whether the petition satisfies the requirements of Subsection (2)(b)(i);
(ii) certify on the petition whether each name is that of an active voter within the creating local entity; and
(iii) deliver the certified petition to the local building authority.
(4)
(a) A voter who signs a petition under this section may have the voter's signature removed from the petition by, no later than three business days after the day on which the local building authority provides the petition to the county clerk, submitting to the county clerk a statement requesting that the voter's signature be removed.
(b) A statement described in Subsection (4)(a) shall comply with the requirements described in Subsection 20A-1-1003(2).
(c) The county clerk shall use the procedures described in Section 20A-1-1003(3) to determine whether to remove an individual's signature from a petition after receiving a timely, valid statement requesting removal of the signature.
Amended by Chapter 116, 2023 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 5 - Local Building Authority Bonds › Section 503 - Proceedings for the issuance of local building authority bonds.

17D-2-503.
Proceedings for the issuance of local building authority bonds.
The proceeding under which a local building authority is authorized to issue bonds under this part may:
(1) contain any agreement or provision customarily contained in an instrument securing bonds, including a provision regarding:
(a) the fixing and collection of lease payments for a project covered by the bond proceeding;
(b) the terms to be incorporated in the lease agreement with respect to the project;
(c) the operation, maintenance, and insurance of the project;
(d) the creation and maintenance of a reserve fund from the proceeds of the sale of bonds or from lease payment revenue; and
(e) any rights and remedies available to the holders of the bonds or to the trustee, in the event of a default, that the authority board of the local building authority determines in accordance with this part;
(2) provide for the appointment of a trust company or bank, located inside or outside the state, as trustee; and
(3) provide that upon default in the payment of the principal of or interest on the bonds or in the performance of any covenant or agreement contained in the proceedings, the payment or performance may be enforced by the appointment of a receiver for the project, with power:
(a) to rent or lease some or all of the property;
(b) to charge and collect rent; and
(c) to apply revenue from the project in accordance with the bond proceeding.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 5 - Local Building Authority Bonds › Section 504 - Local building authority bonds payable solely from lease payments.

17D-2-504.
Local building authority bonds payable solely from lease payments.
(1) Except to the extent that they are secured as provided in Section 17D-2-505, bonds issued by a local building authority and interest on the bonds are payable solely from payments received under a lease agreement with the creating local entity with respect to the project that was financed with the bond proceeds.
(2) Each bond issued by a local building authority shall recite on its face that the bond is payable as provided in Subsection (1).
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 5 - Local Building Authority Bonds › Section 505 - Security for local building authority bonds.

17D-2-505.
Security for local building authority bonds.
(1) The principal of and interest on bonds that a local building authority issues under this part:
(a) shall be secured by a pledge and assignment of the revenue that the local building authority receives under its lease agreement with respect to the project that was financed with the bond proceeds;
(b) may be secured by:
(i) a mortgage covering some or all of the project;
(ii) a pledge and assignment of the lease agreement for that project;
(iii) money held in a reserve fund; and
(iv) any other security device with respect to the project that the local building authority considers most advantageous.
(2) A proceeding under which a mortgage is given to secure the bonds of a local building authority may contain any agreement or provision listed in Section 17D-2-503 that could be contained in a proceeding under which a local building authority is authorized to issue bonds under this part.
(3) A mortgage to secure bonds issued by a local building authority under this part may provide that:
(a) upon default in its payment or the violation of any covenant or agreement contained in the mortgage, the mortgage may be foreclosed in the manner permitted by law; and
(b) the trustee or holder of any bond secured by the mortgage may become the purchaser at a foreclosure sale, if the trustee or holder is the highest bidder.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 5 - Local Building Authority Bonds › Section 506 - Other entities not responsible for local building authority bonds or breach of mortgage and other obligations.

17D-2-506.
Other entities not responsible for local building authority bonds or breach of mortgage and other obligations.
(1) Nothing in this part may be construed to require:
(a) the state or any political subdivision of the state to pay a bond issued under this part;
(b) the state or, except the creating local entity, any political subdivision of the state to pay any rent or lease payment due to a local building authority under the terms of a lease agreement; or
(c) the creating local entity to appropriate money to pay:
(i) principal of or interest on bonds issued by a local building authority; or
(ii) the lease payments under a lease agreement with the local building authority.
(2) A breach of a mortgage or a covenant or agreement in a mortgage may not impose a general obligation or liability upon or a charge against:
(a) the creating local entity; or
(b) the general credit or taxing power of the state or any political subdivision of the state.
Amended by Chapter 356, 2009 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 5 - Local Building Authority Bonds › Section 507 - Required provision in device securing payment of bonds.

17D-2-507.
Required provision in device securing payment of bonds.
Each mortgage, trust deed, security agreement, trust indenture, or other security device securing payment of bonds issued under this part shall provide that no deficiency judgment upon foreclosure may be entered against:
(1) the local building authority;
(2) the state; or
(3) any political subdivision of the state.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 6 - Contesting a Resolution or Proceeding › Section 601 - Publishing notice of local entity or local building authority resolution or other proceeding.

17D-2-601.
Publishing notice of local entity or local building authority resolution or other proceeding.
(1) The governing body of a local entity or the authority board of a local building authority may provide for the publication of a resolution or other proceeding adopted under this chapter by the governing body or authority board, respectively:
(a) in a newspaper of general circulation in the local entity; and
(b) as required in Section 45-1-101.
(2)
(a) If the resolution or other proceeding provides for the local building authority's issuance of bonds, the authority board may, in lieu of publishing the entire resolution or other proceeding, publish a notice of the bonds to be issued.
(b) Each notice under Subsection (2)(a) shall comply with the requirements of Subsection 11-14-316(2).
(c) The authority board of a local building authority publishing a notice under Subsection (2)(a) shall make a copy of the resolution or other proceeding authorizing the issuance of the local building authority bonds available for public inspection during regular business hours at the office of the local building authority for a period of at least 30 days after publication of the notice.
Amended by Chapter 388, 2009 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 6 - Contesting a Resolution or Proceeding › Section 602 - Contesting the legality of a resolution or other proceeding -- No cause of action after contest period.

17D-2-602.
Contesting the legality of a resolution or other proceeding -- No cause of action after contest period.
(1) For a period of 30 days after publication of a resolution or other proceeding under Subsection 17D-2-601(1) or a notice under Subsection 17D-2-601(2), any person in interest may file an action in district court contesting the regularity, formality, or legality of:
(a) a resolution or other proceeding;
(b) any bonds or a lease agreement authorized by a resolution or other proceeding; or
(c) any provision made for the security or payment of local building authority bonds or lease agreement.
(2) After the period referred to in Subsection (1), no one may have a cause of action to contest for any reason the regularity, formality, or legality of any of the matters listed in Subsection (1).
Amended by Chapter 369, 2012 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 7 - Dissolution of Local Building Authority › Section 701 - Local entity governing body may dissolve local building authority -- Limitation.

17D-2-701.
Local entity governing body may dissolve local building authority -- Limitation.
(1) Subject to Subsection (2), the governing body of the creating local entity may at any time dissolve a local building authority created by the creating local entity, by following the procedures in Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, for the dissolution of a nonprofit corporation.
(2) A creating local entity's governing body may not dissolve a local building authority unless:
(a)
(i) the principal, interest, and any redemption premium on all outstanding bonds of the local building authority are paid in full; and
(ii) all other obligations of the local building authority are paid in full; or
(b) the local building authority has made provision for the payment, when due, of all bond and other obligations described in Subsection (2)(a).
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 7 - Dissolution of Local Building Authority › Section 702 - Effect of dissolution.

17D-2-702.
Effect of dissolution.
Upon the dissolution of a local building authority:
(1) title to all of the local building authority's projects vest in the creating local entity; and
(2) all assets and net earnings of the local building authority remaining after the payment or providing for the payment of all local building authority bonds and other obligations shall be transferred to the creating local entity.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 3 - Conservation District Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/12/2020
17D-3-102.
Definitions.
As used in this chapter:
(1) "Commission" means the Conservation Commission, created in Section 4-18-104.
(2) "Commissioner" means the commissioner of the department.
(3) "Conservation district" means a limited purpose local government entity, as described in Section 17D-3-103, that operates under, is subject to, and has the powers set forth in this chapter.
(4) "Department" means the Department of Agriculture and Food, created in Section 4-2-102.
Amended by Chapter 311, 2020 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 3 - Conservation District Act › Part 1 - General Provisions › Section 104 - District court jurisdiction.

17D-3-104.
District court jurisdiction.
The district court in which a conservation district is located has jurisdiction to decide all cases and controversies involving the construction, application, or enforcement of land use ordinances within the conservation district.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 3 - Conservation District Act › Part 1 - General Provisions › Section 105 - Conservation districts subject to other provisions.

Effective 2/27/2023
17D-3-105.
Conservation districts subject to other provisions.
(1) Subject to Subsection (3), a conservation district is, to the same extent as if it were a special district, subject to and governed by:
(a) Sections 17B-1-105, 17B-1-107, 17B-1-108, 17B-1-110, 17B-1-113, 17B-1-116, 17B-1-121, 17B-1-307, 17B-1-311, 17B-1-313, and 17B-1-314;
(b)Title 17B, Chapter 1, Part 6, Fiscal Procedures for Special Districts;
(c)Title 17B, Chapter 1, Part 7, Special District Budgets and Audit Reports;
(d)Title 17B, Chapter 1, Part 8, Special District Personnel Management; and
(e)Title 17B, Chapter 1, Part 9, Collection of Service Fees and Charges.
(2) For purposes of applying the provisions listed in Subsection (1) to a conservation district, each reference in those provisions to the special district board of trustees means the board of supervisors described in Section 17D-3-301.
(3) A conservation district may not exercise taxing authority.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 3 - Conservation District Act › Part 1 - General Provisions › Section 106 - Fiscal year.

17D-3-106.
Fiscal year.
The fiscal year of a conservation district shall be, as determined by the commission:
(1) the calendar year; or
(2) a period beginning on July 1 and ending on the following June 30.
Enacted by Chapter 103, 2012 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 3 - Conservation District Act › Part 1 - General Provisions › Section 107 - Annual budget and financial reports requirements.

Effective 5/5/2021
17D-3-107.
Annual budget and financial reports requirements.
(1) Upon agreement with the commission, the state auditor may modify:
(a) for filing a budget, a requirement in Subsection 17B-1-614(2) or 17B-1-629(3)(d); or
(b) for filing a financial report, a requirement in Section 17B-1-639.
(2) Beginning on July 1, 2019, a conservation district is a participating local entity, as that term is defined in Section 67-3-12, and is subject to Section 67-3-12.
Amended by Chapter 84, 2021 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 3 - Conservation District Act › Part 2 - Creation, Consolidation, Division, and Dissolution of Conservation Districts › Section 201 - Commission authority to approve the creation, consolidation, division, and dissolution of conservation districts -- Notice and hearing requirements.

17D-3-201.
Commission authority to approve the creation, consolidation, division, and dissolution of conservation districts -- Notice and hearing requirements.
(1) As provided in this part, the commission may:
(a) pursuant to a petition under Section 17D-3-202, approve the creation of a conservation district; or
(b) pursuant to a petition under Section 17D-3-202 or on its own motion, approve:
(i) the consolidation of two or more existing conservation districts;
(ii) the division of an existing conservation district into two or more conservation districts; or
(iii) the dissolution of an existing conservation district.
(2) Before taking an action authorized under Subsection (1), the commission shall:
(a) cause notice of a hearing on the proposed creation, consolidation, division, or dissolution to be published:
(i) no more than 30 days after, as the case may be:
(A) the filing of a petition under Section 17D-3-202, for a proposed creation, consolidation, division, or dissolution; or
(B) adoption of the commission's own motion, for a proposed consolidation, division, or dissolution; and
(ii) within:
(A) for a proposed creation, the area of the proposed conservation district;
(B) for a proposed consolidation, the area of each conservation district proposed to be consolidated; and
(C) for a proposed division or dissolution, within the area of the conservation district proposed to be divided or dissolved; and
(b) hold a public hearing on the desirability and necessity of the creation, consolidation, division, or dissolution.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 3 - Conservation District Act › Part 2 - Creation, Consolidation, Division, and Dissolution of Conservation Districts › Section 202 - Petition to create conservation district -- Petition or commission motion to consolidate, divide, or dissolve conservation districts -- Petition requirements.

17D-3-202.
Petition to create conservation district -- Petition or commission motion to consolidate, divide, or dissolve conservation districts -- Petition requirements.
(1) A petition to create a conservation district, to consolidate two or more existing conservation districts, or to divide or dissolve an existing conservation district may be filed by 25 or more land occupiers residing within:
(a) for the proposed creation of a conservation district, the area included within the proposed conservation district;
(b) for the proposed consolidation of existing conservation districts, the area included within the conservation districts proposed to be consolidated; or
(c) for the proposed division or dissolution of an existing conservation district, the area included within the conservation district proposed to be divided or dissolved.
(2) Each petition under Subsection (1) shall be:
(a) in the form that the commission prescribes; and
(b) filed with the commission.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 3 - Conservation District Act › Part 2 - Creation, Consolidation, Division, and Dissolution of Conservation Districts › Section 204 - Commission action if conservation districts are consolidated, divided, or dissolved.

17D-3-204.
Commission action if conservation districts are consolidated, divided, or dissolved.
(1) If two or more conservation districts are consolidated, the commission shall merge the assets and liabilities of the conservation districts that have been consolidated into the conservation district resulting from the consolidation.
(2) If a conservation district is divided, the commission shall equitably divide the assets and liabilities of the divided conservation district between the conservation districts resulting from the division.
(3) If a conservation district is dissolved, the commission shall wind up the affairs of the dissolved conservation district.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 3 - Conservation District Act › Part 3 - Conservation District Board of Supervisors › Section 301 - Board of supervisors -- Number -- Term -- Chair and officers -- Quorum -- Compensation.

Effective 5/12/2020
17D-3-301.
Board of supervisors -- Number -- Term -- Chair and officers -- Quorum -- Compensation.
(1) A board of supervisors shall govern a conservation district.
(2) The board of supervisors of a conservation district consists of five members appointed as provided in this part, at least three of whom shall be private agricultural land operators.
(3)
(a) Subject to Subsection (3)(c), the term of office of a member of a board of supervisors is four years.
(b) Notwithstanding Subsection (3)(a), if multiple conservation districts are consolidated or a single conservation district divided or dissolved under Part 2, Creation, Consolidation, Division, and Dissolution of Conservation Districts:
(i) the term of each member of the board of supervisors of the consolidated conservation districts or the divided or dissolved conservation district terminates immediately upon consolidation, division, or dissolution; and
(ii)
(A) the commissioner shall appoint a new board of supervisors, as provided in this part, for the consolidated conservation district or divided conservation districts, as the case may be; and
(B) subject to Subsection (3)(c), the term of office of a member of the board of supervisors appointed is four years.
(c) Notwithstanding the other provisions of this Subsection (3), the commissioner may, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
(4) The board of supervisors shall elect a chair from among their number for a term of one year, and may elect other officers from among their number that the board considers necessary.
(5) A majority of the board of supervisors constitutes a quorum for the transaction of board business, and action by a majority of a quorum present at a meeting of the board constitutes action of the board.
(6) For performing official duties, a member of the board of supervisors of a conservation district shall receive:
(a) per diem and travel expenses in accordance with Section 11-55-103; and
(b) actual and necessary expenses as determined by the department.
Amended by Chapter 311, 2020 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 3 - Conservation District Act › Part 3 - Conservation District Board of Supervisors › Section 302 - Board of supervisors members to be appointed -- Candidates nominated by nominating committee -- Candidate qualifications -- Nomination committee.

Effective 5/12/2020
17D-3-302.
Board of supervisors members to be appointed -- Candidates nominated by nominating committee -- Candidate qualifications -- Nomination committee.
(1) As provided in this part, the commissioner shall appoint a member of a board of supervisors of a conservation district from candidates nominated by a nominating committee consisting of:
(a) the chair of the commission or council of the county in which the conservation district is located;
(b) the chair of the USDA Farm Service Agency Committee of the county in which the conservation district is located;
(c)
(i) the chair of the board of supervisors of the conservation district; or
(ii) the chair's designee, if the chair wishes to be a candidate for reappointment; and
(d) the agricultural extension service designated representative of the county in which the conservation district is located.
(2) The commissioner may remove an individual from the nominating committee upon the request of the group the individual represents.
(3) A candidate for appointment to the board of supervisors of a conservation district shall be:
(a) at least 18 years of age; and
(b) a resident within the conservation district.
Amended by Chapter 311, 2020 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 3 - Conservation District Act › Part 3 - Conservation District Board of Supervisors › Section 303 - Nominating committee nomination of candidates for appointment to the board of supervisors.

Effective 5/12/2020
17D-3-303.
Nominating committee nomination of candidates for appointment to the board of supervisors.
The nominating committee under Subsection 17D-3-302(1) shall:
(1) nominate for a conservation district a slate of candidates for appointment to the board of supervisors of the conservation district equal or greater in number to the number of board of supervisors members to be appointed; and
(2) submit the names of candidates to the commissioner no later than the date set by the commission as the close of nominations.
Amended by Chapter 311, 2020 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 3 - Conservation District Act › Part 3 - Conservation District Board of Supervisors › Section 304 - Petition to nominate candidates for appointment to the board of supervisors.

Effective 7/1/2020
17D-3-304.
Petition to nominate candidates for appointment to the board of supervisors.
(1) In addition to the procedure in Section 17D-3-302, a person may be nominated to be a candidate for appointment as a member of a board of supervisors of a conservation district by a petition filed with the department no later than the date set by the commission as the close of nominations.
(2) A petition under Subsection (1) shall:
(a) state:
(i) the candidate's name;
(ii) that the candidate is at least 18 years old; and
(iii) that the candidate for appointment is a resident of the conservation district for which the nomination for candidacy is to be held; and
(b) contain the notarized signature of the candidate.
(3) The department shall forward a petition received under this section to the nominating committee for consideration under Sections 17D-3-302 and 17D-3-303.
Amended by Chapter 4, 2020 Special Session 5
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 3 - Conservation District Act › Part 3 - Conservation District Board of Supervisors › Section 305 - Setting the date of nomination of the board of supervisors -- Notice requirements.

Effective 5/3/2023
17D-3-305.
Setting the date of nomination of the board of supervisors -- Notice requirements.
(1) The commission shall set the date of the nomination of members of the board of supervisors of a conservation district.
(2) The commission shall publish notice of the nomination day described in Subsection (1):
(a) for the conservation district, as a class A notice under Section 63G-30-102, for four weeks before the day of the nomination; and
(b) in accordance with Section 45-1-101, for four weeks before the day of the nomination.
(3) The commissioner shall appoint the board of members by no later than six weeks after the date set by the commission for the close of nominations.
(4) The notice required under Subsection (2) shall state:
(a) the nomination date; and
(b) the number of open board member positions for the conservation district.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 3 - Conservation District Act › Part 3 - Conservation District Board of Supervisors › Section 310 - Vacancies in the board of supervisors.

Effective 5/12/2020
17D-3-310.
Vacancies in the board of supervisors.
If a vacancy occurs in the office of board of supervisors member, the remaining members of the board of supervisors shall nominate an individual to the commissioner to appoint to fill the vacancy, to serve the remainder of the unexpired term of the member creating the vacancy.
Amended by Chapter 311, 2020 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 3 - Conservation District Act › Part 3 - Conservation District Board of Supervisors › Section 311 - Training for board members.

Effective 5/12/2020
17D-3-311.
Training for board members.
(1) A member of a board of supervisors shall, within one year after appointment, complete the training described in Subsection (2).
(2) The state auditor shall, with the assistance of the commission and an association that represents conservation districts, develop a training curriculum for a member of the board of supervisors and conduct the training.
Amended by Chapter 311, 2020 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 4 - Public Infrastructure District Act › Part 1 - General Provisions › Section 101 - Title.

Effective 5/5/2021
17D-4-101.
Title.
This chapter is known as the "Public Infrastructure District Act."
Renumbered and Amended by Chapter 314, 2021 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 4 - Public Infrastructure District Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 2/27/2023
17D-4-102.
Definitions.
As used in this chapter:
(1) "Board" means the board of trustees of a public infrastructure district.
(2) "Creating entity" means the county, municipality, or development authority that approves the creation of a public infrastructure district.
(3) "Development authority" means:
(a) the Utah Inland Port Authority created in Section 11-58-201;
(b) the Point of the Mountain State Land Authority created in Section 11-59-201; or
(c) the military installation development authority created in Section 63H-1-201.
(4) "District applicant" means the person proposing the creation of a public infrastructure district.
(5) "Division" means a division of a public infrastructure district:
(a) that is relatively equal in number of eligible voters or potential eligible voters to all other divisions within the public infrastructure district, taking into account existing or potential developments which, when completed, would increase or decrease the population within the public infrastructure district; and
(b) which a member of the board represents.
(6) "Governing document" means the document governing a public infrastructure district to which the creating entity agrees before the creation of the public infrastructure district, as amended from time to time, and subject to the limitations of Title 17B, Chapter 1, Provisions Applicable to All Special Districts, and this chapter.
(7)
(a) "Limited tax bond" means a bond:
(i) that is directly payable from and secured by ad valorem property taxes that are levied:
(A) by a public infrastructure district that issues the bond; and
(B) on taxable property within the district;
(ii) that is a general obligation of the public infrastructure district; and
(iii) for which the ad valorem property tax levy for repayment of the bond does not exceed the property tax levy rate limit established under Section 17D-4-303 for any fiscal year, except as provided in Subsection 17D-4-301(8).
(b) "Limited tax bond" does not include:
(i) a short-term bond;
(ii) a tax and revenue anticipation bond; or
(iii) a special assessment bond.
(8) "Public infrastructure and improvements" means:
(a) the same as that term is defined in Section 11-58-102, for a public infrastructure district created by the Utah Inland Port Authority created in Section 11-58-201; and
(b) the same as that term is defined in Section 63H-1-102, for a public infrastructure district created by the military installation development authority created in Section 63H-1-201.
Amended by Chapter 15, 2023 General Session