17-78 - County Property, Programs, and Entities

Title 17 > 17-78

Sections (61)

County Property - General Provisions

17-78-101 - Definitions.

(1) “Adjusted present value” means:the disposition price; plusthe anticipated future value.

(2) “Anticipated future value” means the total value of all reasonably anticipated future benefits to a county from the disposal of a significant parcel of real property, including:increased tax revenues; andjob creation or maintenance.”Anticipated future value” does not include the present fair market value of the significant parcel of real property.

(3) “Dispose” means to sell or lease.

(4) “Disposition price” means the price a potential purchaser or lessee offers to pay in exchange for the sale or lease of a significant parcel of real property.

(5) “Federal agency” means any department of the executive branch of the federal government.

(6) “Flood plain” means the land along the course of a river or stream which is periodically flooded and for which flood control protective works would normally be provided or desirable.

Enacted by Chapter 14, 2025 Special Session 1

17-78-102 - County powers regarding property, water rights, and water facilities — Retainage.

(1) A county may:purchase, receive by donation, or lease any real or personal property or water rights necessary for the use of the county;purchase or otherwise acquire the necessary real estate upon which to sink wells to obtain water for sprinkling roads and for other county purposes;erect pumping apparatus, tanks, and reservoirs on county-owned property for obtaining and storing water for such purposes; andpreserve, take care of, manage, and control real estate described in Subsection (1)(b)(i) and facilities described in Subsection (1)(b)(ii);purchase, receive by donation, or lease any water rights or stock or rights in reservoirs or storage companies or associations for the use of citizens of the county;construct dams and canals for the storage and distribution of waters described in Subsection (1)(c); andfix the price for and sell water, water rights, stock, or rights in reservoir or storage companies or associations, with the dams and canals, as are not required for public use to citizens of the county.

(2) If any payment on a contract with a private contractor to construct dams and canals under this section is retained or withheld, it shall be retained or withheld and released as provided in Section 13-8-5.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-103 - Acquisition, management, and disposal of property.

(1) Subject to Subsection (4), a county may purchase, receive, hold, sell, lease, convey, or otherwise acquire and dispose of any real or personal property or any interest in such property if the action is in the public interest and complies with other law.

(2) Any property interest acquired by the county shall be held in the name of the county unless specifically otherwise provided by law.

(3) The county legislative body shall provide by ordinance, resolution, rule, or regulation for the manner in which property shall be acquired, managed, and disposed of.

(4) Before a county may dispose of a significant parcel of real property, the county shall:provide reasonable notice of the proposed disposition at least 14 days before the opportunity for public comment under Subsection (4)(a)(ii); andallow an opportunity for public comment on the proposed disposition.Each county shall, by ordinance, define what constitutes:a significant parcel of real property for purposes of Subsection (4)(a); andreasonable notice for purposes of Subsection (4)(a)(i).

(5) A county may dispose of a significant parcel of real property in exchange for less than the present fair market value of the significant parcel of real property if the adjusted present value of the significant parcel of real property is equal to or greater than the present fair market value of the significant parcel of real property.Subsection (5)(a) does not affect a county’s authority to dispose of a significant parcel of real property in a manner different from Subsection (5)(a) and in accordance with applicable law.

(6) Before a county agrees to dispose of a significant parcel of real property, the county may require the potential purchaser or lessee to provide evidence that:the potential purchaser’s or lessee’s offer is bona fide;the potential purchaser or lessee has the ability to pay the disposition price; orany future benefits to the county from the disposal of the significant parcel of real property are reasonably anticipated.

(7) If a county receives an unsolicited offer to purchase or lease a significant parcel of real property:the county is not required to consider the offer; anda person may not consider the offer in determining the present fair market value of the significant parcel of real property, unless considering the offer is warranted under generally accepted standards of professional appraisal practice.

(8) A county may presume that the present fair market value of a significant parcel of real property is equal to the average of two appraised values each of which is based upon fair market value and calculated by a unique, independent appraiser who is licensed or certified in accordance with Title 61, Chapter 2g, Real Estate Appraiser Licensing and Certification Act.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-104 - Courthouse, jail, hospital, and other public buildings — Retainage.

(1) A county may erect, repair or rebuild, and furnish a courthouse, jail, hospital, and such other public buildings as may be necessary, and join with cities and towns in the construction, ownership, and operation of hospitals.

(2) If any payment on a contract with a private contractor to erect, repair, or rebuild public buildings under this section is retained or withheld, it shall be retained or withheld and released as provided in Section 13-8-5.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

Development and Preservation of County Areas and Culture

17-78-201 - Development of county resources.

A county may provide for the development of the county’s mineral, water, manpower, industrial, historical, cultural, and other resources.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-202 - Preservation of historical areas and sites.

A county may:

(1) expend public funds to preserve, protect, or enhance an historical area or site;

(2) acquire an historical area or site by direct purchase, contract, lease, trade, or gift;

(3) obtain an easement or right-of-way across public or private property to ensure access or proper development of an historical area or site;

(4) protect an historical area or site;

(5) ensure proper development and utilization of land or an area adjacent to an historical area or site; and

(6) enter into an agreement with a private individual for the right to purchase an historical area or site if and when the private individual elects to sell or dispose of the owner’s property.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-203 - Support of the arts by counties — Guidelines.

A county may:

(1) provide for and appropriate funds for the support of the arts, including music, dance, theatre, crafts and visual, folk and literary art, for the purpose of enriching the lives of county residents; and

(2) establish guidelines for the county’s support of the arts.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-204 - Energy efficiency upgrade, clean energy system, or electric vehicle charging infrastructure.

A county may provide or finance an energy efficiency upgrade, a clean energy system, or electric vehicle charging infrastructure as defined in Section 11-42a-102 , in a designated voluntary assessment area in accordance with Title 11, Chapter 42a , Commercial Property Assessed Clean Energy Act.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

Flood Control Projects and Drought Emergencies

17-78-301 - Powers of county — Contracts with United States — Construction of flood control project.

A county may contract with the United States of America, or any federal agency , for the construction of any flood control project within the county designed to:

(1) abate or control flood waters or any excessive or unusual accumulation of water in any natural or artificial basin, stream, or body of water; or

(2) for the protection of life and property against the danger, menace, injury, or damage resulting from any natural or artificial basin, stream, or body of water.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-302 - Maintenance of project — Acquisition of property.

A county may contract to:

(1) maintain a flood control project after the construction work is completed, which maintenance may be without expense to the United States of America; and

(2) acquire easements and rights-of-way to relocate public roads or bridges when the replacement shall be rendered necessary by the construction of any flood control project and may give satisfactory assurance to the United States of America, or any federal agency , that the location, relocation, building or rebuilding of such roads, rights-of-way, or bridges shall be done without expense to the United States of America or any federal agency.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-303 - Distribution of waters — Operation of projects.

The duty of distributing the waters of and operating the flood control project when completed shall rest upon the state engineer described in Section 73-2-1 , provided, that the cost of such distribution and operation of the project by the state engineer shall be borne by the county entering into the cooperative contract with the United States of America for the construction and the operation of the flood control project.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-304 - Joint action of two or more counties.

Whenever the construction of a flood control project described in this part is for the mutual benefit of two or more counties, the governing bodies of the counties may jointly enter into such co-operative contracts with the United States of America, or any federal agency , for the construction of the flood control project.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-305 - Clearing, improving, fencing, and construction of natural channels, sewers, and drains — Enforcement of laws and regulations.

(1) In anticipation of and to provide for the carrying away and the safe disposal of natural storm and flood waters, the county may: remove any obstacle from any natural channels within the county and the incorporated municipalities in the county; andplan for and construct new channels, storm sewers, and drains to serve as though they were natural channels.

(2) The county may cause channels, storm sewers, and drains described in Subsection (1)(b) to be surveyed, and the county legislative body may, by ordinance, establish their location and dimensions.

(3) The county legislative body may promulgate regulations to prevent the destruction or obstruction of channels, storm sewers, and drains, and may provide for the enforcement of those regulations.The county legislative body may also provide for the maintenance, improvement, and fencing of all such channels, including covering or replacement with buried conduits.To implement the establishment, clearing, protection, and continued use of such channels, storm sewers, and drains, the county may acquire, by right of eminent domain necessary easements and rights-of-way.

(4) All laws and sanitary regulations against the pollution of water in natural streams, canals, and lakes shall be enforced by: the county officers;the state, through the attorney general and in co-operation with the state board of health, state fish and game commission; andthe several county legislative bodies.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-306 - Protection of channels and flood plains — Acquisition of land.

(1) The county legislative body may also provide by ordinance for the protection and use of flood channels and present flood plains on rivers, streams, and canals located within the county and the incorporated municipalities in the county and may establish by ordinance the boundaries of these flood channels and present flood plains.

(2) The county may acquire and hold by gift or purchase, such lands, rights-of-way, easements, or other interests in property within the established boundaries of these flood channels and present flood plains.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-307 - Declaration of drought emergency — Appropriation — Tax levy.

(1) The county legislative body of each county may at any regular meeting or at a special meeting called for such purpose, declare that an emergency drought exists in said county.

(2) After a declaration of drought in a county, the county legislative body may appropriate from the money not otherwise appropriated in the county general fund such funds as shall be necessary for the gathering of information upon, and aiding in any program for increased precipitation within said county or in conjunction with any other county or counties.If there are not sufficient funds available in the county general fund for the purpose described in Subsection (2)(a), the county legislative body may assess, levy, and direct the county to collect annually to aid in any program of increased precipitation.

(3) The provisions of Chapter 69, County Auditor, relating to budgeting do not apply to appropriations necessitated by an emergency described in this section.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

Transportation

17-78-401 - County powers to acquire, construct, and control roads and other facilities — Retainage.

(1) A county may:contract for, purchase, or otherwise acquire, when necessary, rights of way for county roads over private property, and may institute proceedings for acquiring such rights of way as provided by law;lay out, construct, maintain, control, and manage county roads, sidewalks, ferries and bridges within the county, outside of cities and towns;designate the county roads to be maintained by the county within or extending through any city or town, which may not be more than three in the same direction;abolish or abandon county roads that are unnecessary for the use of the public, in the manner provided by law; andlay out, construct, maintain, control, and manage landing fields and hangars for the use of airplanes or other vehicles for aerial travel.

(2) If any payment on a contract with a private contractor to construct county roads, sidewalks, ferries, and bridges under this section is retained or withheld, the payment shall be retained or withheld and released as provided in Section 13-8-5.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-402 - Granting franchises over public roads — Limitation.

(1) A county may grant franchises along and over the public roads and highways for all lawful purposes, upon such terms, conditions, and restrictions as in the judgment of the county legislative body are necessary and proper, to be exercised in such manner as to present the least possible obstruction and inconvenience to the traveling public.

(2) A franchise under Subsection (1) may not be granted for a period longer than 50 years.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-403 - Franchises for toll roads.

(1) Subject to Subsection (2), a county may grant, on such terms, conditions, and restrictions as in the judgment of the county executive are necessary and proper, licenses and franchises for taking tolls on public roads or highways whenever in the judgment of the county executive the expense of operating or maintaining the roads or highways as free public highways is too great to justify the county in operating or maintaining the public roads or highways.

(2) Each license and franchise granted under Subsection (1) shall contain the condition that the roads and highways shall be kept in reasonable repair by the persons to whom such licenses or franchises are granted.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-404 - Franchises for ferries and bridges.

(1) A county may grant licenses and franchises for: constructing and keeping in repair roads, bridges, and ferries; andthe taking of tolls on roads, bridges, and ferries.

(2) Each person operating any toll boat or ferry for the transportation of persons, vehicles, or livestock across any stream, river, or body of water in this state shall obtain a franchise for the boat’s or ferry’s operation from the county executive of the county in which the boat or ferry is operated.

(3) If a boat or ferry is operated on a stream or body of water forming the boundary line between two adjoining counties, the person operating the boat or ferry shall obtain a franchise from the county executive of each county.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-405 - Regulation of use of roads.

A county may enact ordinances and make regulations not in conflict with law for the control, construction, alteration, repair, and use of all public roads and highways in the county outside of cities and towns.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-406 - Prohibition against spending certain transportation funds.

(1) As used in this section:“Apportioned” means divided or assigned among the states based on a prescribed formula established in 23 U.S.C.”Authorization act” means an act of Congress enacted after July 1, 2009, that authorizes transportation programs from the Highway Trust Fund established in 26 U.S.C. Sec. 9503.

(2) A county may not spend project-specific funds that are allocated through an authorization act for a transportation-related project that is eligible for funds apportioned to the state in support of the statewide transportation improvement program unless the specified project is included on the statewide transportation improvement program.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-407 - County funding for a fixed guideway.

(1) For purposes of this section, “fixed guideway” means a public transit facility that uses and occupies:rail for the use of public transit; ora separate right-of-way for the use of public transit.

(2) Except as provided in Subsection (2)(b), a county legislative body may not levy a property tax or expend revenues from uniform fees or any tax or fee imposed in lieu of a property tax, to purchase, erect, repair, rebuild, maintain, or otherwise fund a fixed guideway.Subsection (2)(a) does not apply to a property tax levy imposed by a county for the purpose of paying for bonds if:before January 1, 2007, the bonds were issued or approved by voters for issuance to fund a fixed guideway; andthe county does not impose a sales and use tax authorized by Section 59-12-2217.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

Provision of Municipal-Type Services to Unincorporated Areas

17-78-501 - Counties may provide municipal services — First-class counties to provide certain services — Counties allowed to provide certain services in recreational areas.

(1) For purposes of thispart, “municipal-type services” means:fire protection service;waste and garbage collection and disposal;planning and zoning;street lighting;animal services;storm drains;traffic engineering;code enforcement;business licensing;building permits and inspections;in a county of the first class:advanced life support and paramedic services; anddetective investigative services; andall other services and functions that are required by law to be budgeted, appropriated, and accounted for from a municipal services fund or a municipal capital projects fund as defined under Chapter 63, Fiscal Authority and Processes.

(2) A county may:provide municipal-type services to areas of the county outside the limits of cities and towns without providing the same services to cities or towns; andfund municipal-type services by:levying a tax on taxable property in the county outside the limits of cities and towns;charging a service charge or fee to persons benefitting from the municipal-type services; orproviding funds to a municipal services district in accordance with Section 17B-2a-1109.

(3) Each county of the first class shall provide to the area of the county outside the limits of cities and towns:advanced life support and paramedic services; anddetective investigative services.

(4) A county may provide fire, paramedic, and police protection services in any area of the county outside the limits of cities and towns that is designated as a recreational area in accordance with the provisions of this Subsection (4).A county legislative body may designate any area of the county outside the limits of cities and towns as a recreational area if:the area has fewer than 1,500 residents and is primarily used for recreational purposes, including canyons, ski resorts, wilderness areas, lakes and reservoirs, campgrounds, or picnic areas; andthe county legislative body makes a finding that the recreational area is used by residents of the county who live both inside and outside the limits of cities and towns.Fire, paramedic, and police protection services needed to primarily serve those involved in the recreation activities in areas designated as recreational areas by the county legislative body in accordance with Subsection (4)(b) may be funded from the county general fund.A county legislative body may determine that fire, paramedic, and police protection services within a municipality that is located in an area designated as a recreational area, in accordance with this Subsection (4), may be funded with county general funds if the county legislative body makes a finding that a disproportionate share of public safety service needs within the municipality are generated by residents of the county who live both inside and outside the limits of cities and towns.

(5) A county may be limited in the municipal-type services the county provides, in accordance with Section 17-60-504.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-502 - Taxes or service charges for municipal-type services — Budgeting, accounting for, and disbursing of funds — Annual audit.

(1) If a county furnishes the municipal-type services and functions described in Section 17-78-501 to areas of the county outside the limits of incorporated cities or towns, the entire cost of the services or functions so furnished shall be defrayed from funds that the county has derived from:taxes that the county may lawfully levy or impose outside the limits of incorporated towns or cities;service charges or fees the county may impose upon the persons benefited in any way by the services or functions; ora combination of these sources.As the taxes or service charges or fees are levied and collected, they shall be placed in a special revenue fund of the county and shall be disbursed only for the rendering of the services or functions established in Section 17-78-501 within the unincorporated areas of the county or as provided in Subsection 10-2a-219(2).

(2) For the purpose of levying taxes, service charges, or fees provided in this section, the county legislative body may establish a district or districts in the unincorporated areas of the county.A district established by a county as provided in Subsection (2)(a) may be reorganized as a special district in accordance with the procedures set forth in Sections 17D-1-601, 17D-1-603, and 17D-1-604.

(3) Nothing contained in this chapter may be construed to authorize counties to impose or levy taxes not otherwise allowed by law.

(4) Notwithstanding any other provision of this part, a county providing fire, paramedic, and police protection services in a designated recreational area, as provided in Section 17-78-501, may fund fire, paramedic, or police protection services from the county general fund with revenues derived from both inside and outside the limits of cities and towns, and the funding of those services is not limited to unincorporated area revenues.

(5) With respect to the budgeting, accounting for, and disbursing of funds to furnish the municipal-type services and functions described in Section 17-78-501 to areas of the county outside the limits of incorporated towns and cities, including levying of taxes and imposition of fees and charges under this section, each county legislative body shall separately budget and strictly account for and apportion to the costs of providing municipal-type services and functions for the following:the salaries of each county commissioner and the salaries and wages of all other elected and appointed county officials and employees;the operation and maintenance costs of each municipal-type service or function provided, set forth separately as line items in the Municipal Services Fund budget;the cost of renting or otherwise using capital facilities for the purposes of providing municipal-type services or functions; andall other costs including administrative costs associated, directly or indirectly, with the costs of providing municipal-type services or functions.At all times these funds and any expenditures from these funds shall be separately accounted for and utilized only for the purposes of providing municipal-type services and functions to areas of the county outside the limits of incorporated towns or cities.

(6) To implement Subsection (5):a budget shall be adopted and administered in the same manner as the budget for general purposes of the county which furnishes the municipal-type services and functions is adopted and administered, either as a part of the general budget or separate from it;funds for the purposes of furnishing municipal-type services and functions under this chapter shall be collected, held, and administered in the same manner as other funds of the county are collected, held, and administered, but shall be segregated and separately maintained, except that where, in the judgment of the county legislative body, advantages inure to the fund from coinvestment of these funds and other funds also subject to control by the county legislative body, the county legislative body may direct this coinvestment, but in no event may the funds to furnish municipal-type services and functions or the income from their investment be used for purposes other than those described in Section 17-78-501;expenditures shall be made in the same manner as other expenditures of the county are made; andany taxes levied under this part shall be levied at the same time and in the same manner as other taxes of the county are levied.

(7) An annual audit of the budgeting, accounting for, and disbursing of funds used to furnish municipal-type services and functions, shall be conducted by an independent certified public accountant.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-503 - Certain counties to establish funds or special service districts.

(1) Each county of the first, second, or third class that provides municipal-type services to unincorporated areas under this part shall:establish a special revenue fund, “Municipal Services Fund,” and a capital projects fund, “Municipal Capital Projects Fund,” or establish a special district or special service district to provide municipal services; andbudget appropriations for municipal services and municipal capital projects from the funds described in Subsection (1)(a).

(2) The Municipal Services Fund is subject to the same budgetary requirements as the county general fund.

(3) Except as provided in Subsection (3)(b), the county may deposit revenue derived from any taxes otherwise authorized by law, income derived from the investment of money contained within the municipal services fund and the municipal capital projects fund, the appropriate portion of federal money, and fees collected into a municipal services fund and a municipal capital projects fund.The county may not deposit revenue derived from a fee, tax, or other source based upon a countywide assessment or from a countywide service or function into a municipal services fund or a municipal capital projects fund.

(4) The maximum accumulated unappropriated surplus in the municipal services fund, as determined before adoption of the tentative budget, may not exceed an amount equal to the total estimated revenues of the current fiscal period.

Enacted by Chapter 14, 2025 Special Session 1

17-78-504 - Contracts under Interlocal Cooperation Act.

This part may not be construed to prevent counties, cities, and towns from entering into contracts covering the furnishing by one to the other of all or any of the municipal-type services under Title 11, Chapter 13, Interlocal Cooperation Act , except that where incorporated cities or towns perform one or more of the municipal services set forth in Section 17-78-501 for unincorporated areas of a county, payment shall be made from the special revenue fund.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

Constables

17-78-601 - County legislative body to determine whether to appoint or contract with constables — Authority.

(1) The legislative body of a county shall determine whether to appoint one or more constables to serve in the county.If a county decides to appoint constables, the county shall nominate and appoint constables in accordance with this chapter.Notwithstanding Subsection (1)(a), a constable holding office on July 1, 2019, may complete the constable’s term.A constable shall serve any subsequent terms the constable may serve in accordance with this part.

(2) To nominate a constable, the legislative body of a county of the first or second class shall establish a nominating commission.The county nominating commission shall consist of:one member of the county legislative governing body or the member’s designee;one judge or the judge’s designee;the county attorney or the county attorney’s designee;the district attorney or the district attorney’s designee;the sheriff of the county or the sheriff’s designee; andone private citizen.The nominating commission described in this Subsection (2) shall review each applicant’s credentials and, by majority vote, recommend to the legislative governing body of the county the nominees the nominating commission finds most qualified.The county legislative body shall either appoint or reject any nominee that the nominating commission recommends under Subsection (2)(b).

(3) The legislative body of a county of the third, fourth, fifth, or sixth class may appoint a constable on a recommendation from:the county sheriff and the county attorney; orthe chief of police.

(4) A county legislative body that appoints a constable under this section may withdraw the authority of the constable for cause, including if the constable’s peace officer certification is suspended or revoked under Section 53-6-211.

(5) In addition to the appointment process described in Subsections (1) through (4), the legislative body of a county where a justice court exists may contract with a constable to provide services in criminal cases for the contracting governmental entity by a method and for an amount mutually agreed upon.

(6) A contract between a county legislative body and a constable, including a contract described in Subsection (5), may not exceed four years.A contract described in Subsection (6)(a) may be renewed or extended for a period not to exceed four years.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-602 - Constable qualification — Duties — Constables to serve process in certain circumstances.

(1) To qualify as a constable, an individual shall be certified as a special function peace officer in the state.

(2) A constable shall:avoid all conflicts of interest; andmaintain a public office and be accessible to the public and to the court during the hours the court is open.

(3) In cases where it appears in any court of record that the sheriff is a party, or where an affidavit is filed with the clerk of the court stating partiality, prejudice, consanguinity, or interest on the part of the sheriff, the clerk of the court shall direct process to any constable of the county, whose duty it shall be to execute it in the same manner as if the constable were sheriff.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-603 - Term — Authority — Deputies.

(1) Constables appointed by a county are appointed for terms of six years and may serve more than one term if reappointed by the appointing body.Notwithstanding the law in place at the time a constable was appointed, the term of a constable appointed on or after July 1, 2018, expires six years after the day on which the term began.

(2) Appointed constables serving process outside the county in which they are appointed shall contact the sheriff’s office or police department of the jurisdiction before serving executions or seizing any property.An appointed constable or a deputy of an appointed constable shall notify the agency of jurisdiction by contacting the sheriff’s office or police department of jurisdiction before serving a warrant of arrest.

(3) The appointed constable may, upon approval of the appointing county, employ and deputize persons who are certified as special function peace officers to function as deputy constables.

(4) If the county legislative body withdraws the authority of an appointed constable, the authority of all deputy constables employed or deputized by the appointed constable is also withdrawn.

(5) If the authority of a constable or deputy constable is withdrawn under Subsection (4), the county shall notify the Peace Officer Standards and Training Division of the Department of Public Safety in accordance with Section 53-6-209.

(6) A constable, contracted or appointed, shall:attend the justice courts within the constable’s county when required by contract or court order; andexecute, serve, and return all process directed or delivered to the constable by a judge of the justice court serving the county, or by any competent authority within the limits of this section.

(7) A constable, contracted or appointed, may:serve any process throughout the state; andcarry out all other functions associated with a constable.

(8) A constable shall serve exclusively as an agent for:the government entity that has a contract with the constable;the county that appointed the constable; orthe court authorizing or directing the constable.

(9) Except as otherwise provided in this part, a constable may not serve as an agent, or be considered to be serving as an agent, for a person that is not described in Subsection (8).

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-604 - Fees for constables — Civil.

(1) Constables may, for the constable’s own use, collect as compensation in civil matters the same fees as those specified for sheriffs in Section 17-72-304.

(2) Constable fees that exceed the amounts in Section 17-72-304 are recoverable:by the constable only if the constable has received prior approval for the increased fee from the party requesting the service; andby prevailing party as a cost of the action only if the court finds the service and increased fee are justifiable.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-605 - Fees for constables — Criminal.

(1) Except as provided in Subsections (3) and (6), a constable shall be paid in criminal matters for each copy of a summons, subpoena, notice, court order, or other criminal paper as follows:$5foreachdefendantserved;andmileageof$1 per mile for each mile necessarily traveled in going only, to be computed from either the courthouse, or when transmitted by mail, from the post office where received.If more than one trip is necessary to serve, or diligently attempt to serve, service of process, a constable may collect mileage charges for more than two trips only if the party requesting the service of process has approved the additional mileage charges.A constable shall individually document each charge under this Subsection (1) on the affidavit of return of service.

(2) If a constable serves process in a county other than the county where the process originated, travel expenses may not exceed the fee that would be charged if served by the sheriff of that county under Chapter 72, County Sheriff.

(3) A constable may charge a county a fee of $1 for each mile traveled for the purpose of serving, or to diligently attempt service of, a warrant of arrest, both in going to and returning from the defendant’s address.If more than one trip is necessary to serve, or diligently attempt to serve, a warrant of arrest, a constable may collect no more than two additional mileage charges.A constable shall individually document each charge under this Subsection (3) on the affidavit of return of service.

(4) For arresting a prisoner and bringing the prisoner into court, or otherwise satisfying a warrant, a constable may charge a fee of $15.

(5) Accounts against the county filed by constables for services in criminal cases shall be:certified as correct by the county attorney or district attorney; andpresented to the auditor.The county legislative body may reject constable bills in all causes or proceedings in which the county attorney or district attorney has not authorized the issuance of the warrant of arrest in writing.

(6) A county may, by contract with a constable, establish lower fees for services than the fees described in this section.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-606 - Fees for constable service of process — Exception.

(1) The rates recoverable through court action for service of process by a constable are governed by Section 17-72-304, 17-78-601, or 17-78-605, when applicable.

(2) Constable fees that exceed the amounts in Section 17-72-304 are recoverable in court:by the constable only if the constable has received prior approval for the increased fee from the party requesting the service; andby a prevailing party as a cost of the action only if the court finds the service and increased fee are justifiable.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-607 - Identification of constables — Uniform requirements.

(1) While performing a duty described in Section 17-78-603, a constable shall prominently display a badge or other visible form of credentials and identification identifying:the individual as a constable;the individual’s name; andthe county for which the constable is appointed or contracted.

(2) If a constable serves process, the constable shall:verbally communicate to the person being served that the constable is a constable; andprint on the first page of each document served:the constable’s name and identification as a constable;the county for which the constable is appointed; anda business phone number for the constable.

(3) If a constable wears a uniform, the uniform shall be clearly marked with the word “constable” on the uniform shirt and, if applicable, the jacket.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

Establishing and Promoting Recreation, Tourism, and Conventions

17-78-701 - Definitions.

(1) “Airport” means the same as that term is defined in Section 72-10-102.

(2) “Airport operator” means the same as that term is defined in Section 72-10-102.

(3) “Establishing and promoting” means an activity or related expense to encourage, solicit, advertise, or market in order to attract or enhance transient guest spending in a county for a purpose described in Subsection 17-78-702(2)(a).

(4) “Mitigation” means activity to address the direct impacts of tourism, recreation related to tourism, or conventions in a county, specifically sanitation and solid waste disposal, emergency medical services, search and rescue services, law enforcement, road repair, and road upgrades.

(5) “Transient room tax” means a tax at a rate not to exceed the relevant rate authorized by Section 59-12-301.

Enacted by Chapter 14, 2025 Special Session 1

17-78-702 - Purposes of transient room tax and expenditure of revenue — Purchase or lease of facilities — Mitigating impacts of recreation, tourism, or conventions — Issuance of bonds.

(1) Subject to the requirements of this section, a county legislative body may impose the transient room tax for a purpose described in Subsection (2).

(2) A county legislative body may expend revenue generated by the transient room tax imposed under this section only:for the purpose of establishing and promoting:tourism;recreation;film production; orconventions;to pay for tourism- or recreation-related facilities in the county, including acquiring, leasing, constructing, furnishing, maintaining, or operating:convention meeting rooms;exhibit halls;visitor information centers;museums;sports and recreation facilities including practice fields, stadiums, arenas, and trails;the following on any route to a recreation destination within the county, as designated by the county legislative body:transit service, including shuttle service; andparking infrastructure; andan airport, if the county is the airport operator of the airport;for the purpose of acquiring land, leasing land, or making payments for construction or infrastructure improvements required for or related to the facilities listed in Subsection (2)(b);to pay mitigation costs, specifically:solid waste disposal operations;emergency medical services;search and rescue activities;law enforcement activities; androad repair and upgrade of:class B roads, as defined in Section 72-3-103;class C roads, as defined in Section 72-3-104; orclass D roads, as defined in Section 72-3-105; andto make the annual payment of principal, interest, premiums, and necessary reserves for any of the aggregate of bonds authorized under Subsection (3).

(3) The county legislative body may issue bonds or cause bonds to be issued, as permitted by law, to pay all or part of any costs incurred for the purposes set forth in Subsections (2)(b) through (2)(d) that are permitted to be paid from bond proceeds.

(4) Activity described in Subsection (2)(a) is exclusive of activity described in Subsection (2)(b) or (c).A county may not distribute revenue generated by the transient room tax imposed under this section to a large public transit district, as that term is defined in Section 17B-2a-802.

(5) A county that generates $1 million or more in revenue from a transient room tax imposed under this section in the preceding calendar year:shall expend, at a minimum, the revenue the county generates from the first 2% of the tax rate of a transient room tax on a purpose described in Subsection (2)(a); andmay expend the remainder of the revenue the county generates from a transient room tax on any purpose described in Subsection (2).

(6) A county that generates $500,000ormorebutlessthan$1 million in revenue from a transient room tax imposed under this section in the preceding calendar year:shall expend, at a minimum, the revenue the county generates from the first 1% of the tax rate of a transient room tax on a purpose described in Subsection (2)(a); andmay expend the remainder of the revenue the county generates from a transient room tax on any purpose described in Subsection (2).

(7) A county that is not described in Subsection (5) or (6) may expend the revenue the county generates from a transient room tax on any purpose described in Subsection (2).

(8) The legislative body of a county may cause revenue generated by a transient room tax to be expended by a municipality within the county if:the revenue the county shares with the municipality is not required to be spent by the county for a purpose described in Subsection (2)(a);the county and municipality enter into an interlocal agreement:governing the use of the revenue; andrequiring the municipality to report the municipality’s expenditures of the revenue to the county; andthe municipality receiving revenue generated by the county’s transient room tax agrees to and expends the revenue for a purpose described in Subsection (2).

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-703 - General powers and duties of a county legislative body related to the transient room tax.

(1) The legislative body of each county that imposes a transient room tax in accordance with Section 17-78-702:shall, except as provided in Subsection (2), at least annually consider the priorities and recommendations of the county’s tourism tax advisory board created under Subsection 17-78-706(1)(a) or the substantially similar body as described in Subsection 17-78-706(1)(b) in one or more public meetings before finalizing decisions on expenditures of revenue from the transient room tax in each fiscal year;shall prepare and provide the annual written report for each fiscal year as described in Section 17-78-704; andmay do and perform any and all other acts and things necessary, desirable, or appropriate to carry out the provisions of this chapter.

(2) Subsection (1)(a) does not apply to the legislative body of a county if:the legislative body of the county has entered into a written contract with a substantially similar body to a tourism tax advisory board as described in Subsection 17-78-706(1)(b); andthe written contract described in Subsection (2)(a) clearly delineates how the expenditures of revenue from the transient room tax are to be spent.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-704 - Report by county legislative body — Content.

(1) The legislative body of each county that imposes a transient room tax under Section 59-12-301 or a tourism, recreation, cultural, convention, and airport facilities tax under Section 59-12-603 shall:ensure that the annual financial report required by Section 17-63-603 includes a breakdown of expenditures:for revenue generated by the transient room tax, according to the allowable expenditure categories described in Subsection 17-78-702(2); andfor revenue generated by the tourism, recreation, cultural, convention, and airport facilities tax, according to the allowable expenditure categories described in Sections 59-12-602 and 59-12-603; andprepare annually a written report in accordance with Subsection (2).

(2) For the transient room tax, the written report described in Subsection (1)(b) shall include:a breakdown of promotion expenditures;if the county caused revenue generated by the transient room tax to be expended by a municipality within the county, as described in Subsection 17-78-702(8), a description:of each interlocal agreement the county entered into with a municipality; andthe amount of revenue the county shared with a municipality in accordance with an interlocal agreement;the number of search and rescue efforts conducted by the county in the previous fiscal year;the total cost of search and rescue efforts and emergency medical services that were related to tourism or recreation within the eligible county in the previous fiscal year;a description of any factors that made a search and rescue effort or emergency medical service more expensive or difficult, including the condition of roads within the county;what money, if any, the county was able to recover in the previous fiscal year from an individual on whose behalf the county incurred the cost of search and rescue or emergency medical services; anddata on the percentages of individuals on whose behalf the county incurred the cost of search and rescue or emergency medical services who were in-state visitors to the county, out-of-state visitors to the county, or residents of the county; andif data described in Subsection (2)(a)(vii)(A) is unavailable regarding an individual on whose behalf the county incurred the cost of search and rescue or emergency medical services, the number of individuals whose data described in Subsection (2)(a)(vii)(A) is unavailable.A county legislative body preparing a report required under this section shall utilize the form created by the state auditor under Section 17E-2-406.

(3) On or before October 1, the county legislative body shall provide a copy of the annual written report described in Subsection (1)(b) for the previous fiscal year to the state auditor and the Office of the Legislative Fiscal Analyst.

(4) On or before December 1 of each year, the Office of the Legislative Fiscal Analyst shall:analyze each written report received under Subsection (3) to determine if the information in the report sufficiently demonstrates that the county is expending revenue in accordance with the requirements of Sections 17-78-702, 59-12-301, and 59-12-603; andprovide a summary of the analysis and determination described in Subsection (4)(a)(i) to:the Revenue and Taxation Interim Committee;the Political Subdivisions Interim Committee; andthe state auditor.If the Office of the Legislative Fiscal Analyst determines a county written report does not sufficiently demonstrate that a county is expending revenue in accordance with the requirements of Sections 17-78-702, 59-12-301, and 59-12-603, the Office of the Legislative Fiscal Analyst shall include a copy of the county’s written report with the summary described in Subsection (4)(a)(ii) to the entities described in Subsections (4)(a)(ii)(A) through (C).

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-705 - Reserve fund authorized — Use of collected funds — Limitation on surplus in fund.

(1) The county legislative body may create a reserve fund.

(2) Subject to Subsections (2)(b) and (c), a county legislative body shall retain any transient room tax funds collected but not expended during any fiscal year in the reserve fund to be used in accordance with Sections 17-78-702, 17-78-703, and 17-78-705.Except as described in Subsection (2)(c), accumulated unappropriated surplus in the reserve fund, as determined before the county’s adoption of a tentative budget, may not exceed 50% of the total transient room tax revenue for the current fiscal year.For a fiscal year beginning on or after July 1, 2019, and ending on or before July 1, 2023:if a county receives more than 150% of total transient room tax revenue in the fiscal year compared to the total transient room tax revenue received in the previous fiscal year, accumulated unappropriated surplus in the reserve fund, as determined before the county’s adoption of a tentative budget, may not exceed 50% of the total transient room tax revenue for the previous fiscal year plus an amount equal to the total transient room tax revenue that is more than 100% of total transient room tax revenue from the previous fiscal year; andif a county adds to the county’s reserve fund an amount equal to the total transient room tax revenue that is more than 100% of total transient room tax revenue from the previous fiscal year as authorized in Subsection (2)(c)(i), the county may expend that additional reserve fund money for visitor management and destination development subject to the requirements described in Section 17-78-702.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-706 - Tourism tax advisory boards.

(1) Except as provided in Subsection (1)(b), any county that collects the following taxes shall operate a tourism tax advisory board:the tax allowed under Section 59-12-301; orthe tax allowed under Section 59-12-603.Notwithstanding Subsection (1)(a), a county is exempt from Subsection (1)(a) if the county has an existing board, council, committee, convention visitor’s bureau, or body that substantially conforms with Subsections (2), (3), and (4).

(2) A tourism tax advisory board created under Subsection (1) shall consist of at least five members.

(3) A tourism tax advisory board shall be composed of the following members that are residents of the county:a majority of the members shall be current employees of entities in the county that are subject to the taxes referred to in Section 59-12-301 or 59-12-603; andat least two of the board’s membership shall be employees of recreational facilities, convention facilities, museums, cultural attractions, or other tourism related industries located within the county.A tourism tax advisory board may add additional members to the board, including board members who represent the interests of municipalities in the county.If a county generates 50% or more of the county’s revenue generated by the imposition of a tax described in Subsection (1)(a)(i) within one municipality in the county, the tourism tax advisory board for that county shall include a board member to represent the interests of the municipality.

(4) Each tourism tax advisory board shall advise the county legislative body on the best use of revenues collected from the tax allowed under Section 59-12-301 by providing the legislative body with a priority listing for proposed expenditures based on projected available tax revenues supplied to the board by the county legislative body on an annual basis.Each tourism tax advisory board in a county operating under the county commission form of government under Section 17-62-201 or the expanded county commission form under Section 17-62-202 shall advise the county legislative body on the best use of revenues collected from the tax allowed under Section 59-12-603 by providing the legislative body with a priority listing for proposed expenditures based on projected available tax revenues supplied to the board by the county legislative body on an annual basis.

(5) A member of any county tourism tax advisory board:may not receive compensation or benefits for the member’s services; andmay receive per diem and travel expenses incurred in the performance of the member’s official duties, in accordance with Section 11-55-103.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-707 - Payment to Stay Another Day and Bounce Back Fund and Hotel Impact Mitigation Fund.

A county in which a qualified hotel, as defined in Section 63N-2-502 , is located shall:

(1) make an annual payment to the Division of Finance:for deposit into the Stay Another Day and Bounce Back Fund, established in Section 63N-2-511;for any year in which the Governor’s Office of Economic Opportunity provides a convention incentive, as defined in Section 63N-2-502; andin the amount of 5% of the state portion, as defined in Section 63N-2-502; and

(2) make payments to the Division of Finance:for deposit into the Hotel Impact Mitigation Fund, created in Section 63N-2-512;for each year described in Subsection 63N-2-512(5) during which the balance of the Hotel Impact Mitigation Fund, defined in Section 63N-2-512, is less than $2,100,000beforeanypaymentforthatyearunderSubsection63N-2-512(5);andintheamountofthedifferencebetween$2,100,000 and the balance of the Hotel Impact Mitigation Fund, defined in Section 63N-2-512, before any payment for that year under Subsection 63N-2-512(5).

Renumbered and Amended by Chapter 14, 2025 Special Session 1

Planetariums

17-78-801 - County tax for public planetarium.

(1) A county may annually levy a tax, not to exceed 0.00004 per dollar of taxable value of taxable property in the county, for: the acquisition, construction, establishment, maintenance, and operation of a public planetarium;funding a contract or a lease agreement for the operation and management of a county planetarium;the provision of planetarium facilities and equipment; andother planetarium services.

(2) The tax described in Subsection (1) is in addition to all taxes levied by counties and is not limited by the levy limitation imposed on counties by law.

(3) The taxes described in this section shall be levied and collected in the same manner as other general taxes of the county and the revenue generated by the tax shall be deposited to a fund to be known as the County Planetarium Fund.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-802 - Planetarium board of directors — Establishment — Expenses.

(1) Upon the establishment of a county planetarium under the provisions of this part, or upon the determination of the county executive to contract for planetarium facilities and equipment and other planetarium services, the county executive shall:with the advice and consent of the county legislative body, appoint a planetarium board of directors, chosen at large based upon fitness for the office; anddetermine the number of people to serve as the board of directors.

(2) Members of the county legislative body may serve on the board of directors, but not more than one member of the county legislative body may be a member of the board at any one time.

(3) A director shall serve without compensation.A director’s actual and necessary expenses incurred in the performance of the director’s official duties may be paid from the county planetarium fund.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-803 - Appointment of directors — Terms — Removal of directors — Vacancies.

(1) A planetarium director shall be appointed for a three-year term, or until the director’s successor is appointed.

(2) Initially, appointments shall be made for one-, two-, and three-year terms.

(3) Annually thereafter, the county executive, with the advice and consent of the county legislative body shall, before the first day of July of each year, appoint for a three-year term, directors to take the place of the retiring directors.

(4) Directors shall serve not more than two full terms in succession.

(5) Following appointments, the directors shall meet and select a chair and any other officers, as the directors determine necessary, for one-year terms.

(6) The county executive may remove any director for misconduct or neglect of duty.

(7) Vacancies in the board of directors, occasioned by removals, resignations, or otherwise, shall be filled for the unexpired terms in the same manner as original appointments.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-804 - Delegation of management and control authority to directors by county executive body — Contract or lease with private entity for management — Deposit of money collected — Expenditures — Recommendations by directors to county executive body.

(1) Upon the appointment of a planetarium board of directors, the county executive may delegate to the board of directors the authority to manage and control the functions, activities, operations, maintenance, and repair of any county planetarium, and shall include in its delegation the authority to approve and control all expenditures from the county planetarium fund.Any delegation of authority made to the board of directors under this section shall at all times be subject to the ultimate authority and responsibility of the county executive for the management and control of all county funds and properties as conferred upon that board by general law applicable to counties.

(2) Upon the recommendation of the board of directors, the county may enter into a contract or lease agreement with a private organization or entity for partial or full management, operation and maintenance of any county planetarium and for other planetarium services, which may include providing the physical facilities and equipment for the operation of a planetarium.A contract or lease for the purposes described in Subsection (2)(a) may not extend for more than a four-year period and shall be subject to annual review by the board of directors to determine if performance is in conformance with the terms of the contract or lease and to establish the level of the subsequent funding in accordance with the contract or lease.

(3) All money collected from a county planetarium tax levy shall be deposited in the county treasury to the credit of the county planetarium fund.All money collected from operations of or from donations to any planetarium owned and operated by the county shall also be deposited in the county treasury to the credit of the planetarium fund.Any money collected from operations of a planetarium by a contracting party or lessee shall be used or deposited as the contract or lease may provide.Income or proceeds from any investment by the county treasurer of county planetarium funds shall be credited to the county planetarium fund and used only for planetarium purposes.

(4) Expenditures from the county planetarium fund shall be drawn upon by the authorized officers of the county upon presentation of properly authenticated vouchers or documentation of the board of directors or other appropriate planetarium official.The county planetarium fund may not be used for any purpose other than to pay the costs of acquiring, constructing, operating, managing, equipping, furnishing, maintaining or repairing a planetarium, including appropriate, reasonable and proportionate costs allocated by the county for support of the planetarium, or to pay the cost of financing and funding a contract or lease agreement for facilities, equipment, management, operation, and maintenance of a planetarium.

(5) The planetarium board of directors shall provide recommendations to the county executive with respect to the purchase, lease, exchange, construction, erection, or other acquisition of land, real property improvements, and fixtures or the sale, lease, exchange, or other disposition of land, real property improvements, and fixtures for the use or benefit of a county planetarium.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-805 - Budget prepared by directors — Fiscal year — Tax levy.

(1) The planetarium board of directors shall prepare an annual budget and estimate of expenditures and in all other respects comply with the requirements of Chapter 63, Fiscal Authority and Processes.

(2) A county planetarium shall operate on the same fiscal year as the county and upon approval by the county legislative body of a final fiscal year budget submitted by the board of directors.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-806 - Rules and regulations — Use of planetarium by nonresidents.

(1) The planetarium board of directors shall adopt regulations for the use and operations of any planetarium acquired and established by the county.

(2) A person visiting or using the planetarium shall be subject to the regulations adopted by the board.

(3) The board may exclude from the use of the planetarium any and all persons who willfully violate the regulations.

(4) The board may extend the privileges and use of the planetarium to persons residing outside of the county upon such terms and conditions as may be prescribed by the board’s regulations.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-807 - Annual report — Financial statement.

(1) To the extent that independent accounting records are prepared and maintained by the planetarium, the planetarium board of directors shall make, or in the case of a contracting entity, require that there be made, an annual report to the county executive and the county legislative body on the condition and operation of the planetarium, including a financial statement.

(2) The financial statement described in Subsection (1) shall be: prepared in accordance with generally accepted accounting principles; andreviewed by the county auditor.

(3) The planetarium shall be included in the annual audit of the county conducted by an independent public accountant as required by Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-808 - Director to be appointed — Duties and compensation — Other personnel.

(1) Subject to Subsection (1)(b), the county executive shall appoint a competent individual as planetarium director to have immediate charge of:planetarium facilities and activities not contracted to an outside entity; andoverseeing the performance of the terms of any contract or lease entered into with a contracting entity.In a county with a form of government that has a county executive that is separate from the county legislative body, the appointment under Subsection (1)(a) shall be with the advice and consent of the county legislative body.

(2) The planetarium director shall:have duties and receive compensation for the director’s services as the county executive shall determine; andact as the executive officer for the planetarium board and implement the policies of the board.

(3) The county executive may appoint, upon the recommendation of the planetarium director, other planetarium personnel.Each county employee working at the planetarium shall be subject to the provisions of Chapter 75, General County Personnel Management.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-809 - Donations permitted — Use.

(1) If a person desires to make donations of money, personal property, or real estate specifically for the benefit of a county planetarium, the board of directors may, with the consent of the county legislative body, accept those donations or other contributions.

(2) The board of directors shall manage and administer donations or contributions in accordance with the terms and conditions of the donating or contributing instrument.

(3) All real property and improvements acquired by or specifically for a county planetarium by any means whatsoever, including gift, devise or donation, shall be deeded to and held in the name of the county.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

Zoos

17-78-901 - Tax levy for establishment of zoo.

(1) A county may levy annually a tax not exceeding .0002 of taxable value of taxable property in the county for the establishment and maintenance of a public zoo.

(2) The tax described in Subsection (1) is in addition to all taxes levied by counties and is not limited by the levy limitation imposed on counties by law.

(3) The taxes described in this section shall be levied and collected in the same manner as other general taxes of the county and shall be deposited in a fund to be known as a County Zoo Fund.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-902 - Operation and maintenance of zoo — Advisory board — Contract for services.

(1) Upon the establishment of a county zoo under this part, the county legislative body may provide rules and regulations for the zoo’s governance and operation, including the establishment of an advisory board.

(2) The county executive may contract with an agency or vendor to supply all or part of the services necessary for the operation and maintenance of a county zoo.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-903 - Donations.

The county may, for the benefit of the zoo, accept donations of money, personal property, or real estate upon such terms and conditions as the county sees fit.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

Counties and Certain Business

17-78-1001 - Indemnification of farmers markets.

A county may:

(1) operate a farmers market, as defined in Section 4-5-102, on county-owned property in order to promote economic development;

(2) indemnify a food producer participating in the farmers market; and

(3) define the scope of the indemnification in an agreement with the food producer.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-1002 - Regulation of drive-through facilities.

(1) As used in this section:“Business” means a private enterprise carried on for the purpose of gain or economic profit.”Business lobby” means a public area, including a lobby, dining area, or other area accessible to the public where business is conducted within a place of business.”Business lobby” does not include the area of a business where drive-through service is conducted.”Land use application” means the same as that term is defined in Section 17-27a-103.”Motor vehicle” means a self-propelled vehicle, including a motorcycle, intended primarily for use and operation on the highways.”Motor vehicle” does not include an off-highway vehicle.”Motorcycle” means a motor vehicle having a saddle for the use of the operator and designed to travel on not more than two tires.”Off-highway vehicle” means any snowmobile, all-terrain type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle.

(2) A county may not withhold a business license, deny a land use application, or otherwise require a business that has a drive-through service as a component of its business operations to:allow a person other than a person in a motorized vehicle to use the drive-through service; oroffer designated hours of the day that a customer is accommodated and business is conducted in the business lobby that are the same as or exceed the hours of the day that a customer is accommodated and business is conducted in the drive-through service.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-1003 - Regulation of sexually oriented business.

(1) As used in this section:“Adult service” means dancing, serving food or beverages, modeling, posing, wrestling, singing, reading, talking, listening, or other performances or activities conducted by a nude or partially denuded individual for compensation.”Compensation” means:a salary;a fee;a commission;employment;a profit; orother pecuniary gain.”Escort” means a person who, for compensation, dates, socializes with, visits, consorts with, or accompanies another, or offers to date, consort with, socialize with, visit, or accompany another:to a social affair, entertainment, or a place of amusement; orwithin:a place of public or private resort;a business or commercial establishment; ora private quarter.”Escort” does not mean a person who provides business or personal services, including:a licensed private nurse;an aide for the elderly or a person with a disability;a social secretary or similar service personnel:whose relationship with a patron is characterized by a contractual relationship having a duration of 12 hours or more; andwho provides a service not principally characterized as dating or socializing; ora person who provides services such as singing telegrams, birthday greetings, or similar activities:characterized by an appearance in a public place;contracted for by a party other than the person for whom the service is being performed; andof a duration not to exceed one hour.”Escort service” means any person who furnishes or arranges for an escort to accompany another individual for compensation.”Nude or partially denuded individual” means an individual with any of the following less than completely and opaquely covered:genitals;the pubic region; ora female breast below a point immediately above the top of the areola.”Sexually oriented business” means a business at which any nude or partially denuded individual, regardless of whether the nude or partially denuded individual is an employee of the sexually oriented business or an independent contractor, performs any service for compensation.”Sexually oriented business” includes:an escort service; oran adult service.

(2) A person employed in a sexually oriented business may not work in the unincorporated area of a county:if the county requires that a person employed in a sexually oriented business be licensed individually; andif the person is not licensed by the county.

(3) A business entity that conducts a sexually oriented business may not conduct business in an unincorporated area of a county:if the county requires that a sexually oriented business be licensed; andif the business entity is not licensed by the county.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-1004 - Regulation of retail tobacco specialty business.

(1) As used in this section:“Community location” means:a public or private kindergarten, elementary, middle, junior high, or high school;a licensed child-care facility or preschool;a trade or technical school;a church;a public library;a public playground;a public park;a youth center or other space used primarily for youth oriented activities;a public recreational facility;a public arcade; orfor a new license issued on or after July 1, 2018, a homeless shelter.”Department” means the Department of Health and Human Services created in Section 26B-1-201.”Electronic cigarette product” means the same as that term is defined in Section 76-9-1101.”Licensee” means a person licensed under this section to conduct business as a retail tobacco specialty business.”Local health department” means the same as that term is defined in Section 26A-1-102.”Nicotine product” means the same as that term is defined in Section 76-9-1101.”Retail tobacco specialty business” means a commercial establishment in which:sales of tobacco products, electronic cigarette products, and nicotine products account for more than 35% of the total quarterly gross receipts for the establishment;20% or more of the public retail floor space is allocated to the offer, display, or storage of tobacco products, electronic cigarette products, or nicotine products;20% or more of the total shelf space is allocated to the offer, display, or storage of tobacco products, electronic cigarette products, or nicotine products;the commercial establishment:holds itself out as a retail tobacco specialty business; andcauses a reasonable person to believe the commercial establishment is a retail tobacco specialty business; orthe retail space features a self-service display for tobacco products, electronic cigarette products, or nicotine products.”Self-service display” means the same as that term is defined in Section 76-9-1107.”Tobacco product” means:the same as that term is defined in Section 76-9-1101; ortobacco paraphernalia as defined in Section 76-9-1101.

(2) The regulation of a retail tobacco specialty business is an exercise of the police powers of the state by the state or by the delegation of the state’s police power to other governmental entities.

(3) A person may not operate a retail tobacco specialty business in a county unless the person obtains a license from the county in which the retail tobacco specialty business is located.A county may only issue a retail tobacco specialty business license to a person if the person complies with the provisions of Subsections (4) and (5).

(4) Except as provided in Subsection (7), a county may not issue a license for a person to conduct business as a retail tobacco specialty business if the retail tobacco specialty business is located within:1,000 feet of a community location;600 feet of another retail tobacco specialty business; or600 feet from property used or zoned for:agriculture use; orresidential use.For purposes of Subsection (4)(a), the proximity requirements shall be measured in a straight line from the nearest entrance of the retail tobacco specialty business to the nearest property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard to intervening structures or zoning districts.

(5) A county may not issue or renew a license for a person to conduct business as a retail tobacco specialty business until the person provides the county with proof that the retail tobacco specialty business has:a valid permit for a retail tobacco specialty business issued under Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products, by the local health department having jurisdiction over the area in which the retail tobacco specialty business is located; andfor a retailer that sells a tobacco product, a valid license issued by the State Tax Commission in accordance with Section 59-14-201 or 59-14-301 to sell a tobacco product; orfor a retailer that sells an electronic cigarette product or a nicotine product, a valid license issued by the State Tax Commission in accordance with Section 59-14-803 to sell an electronic cigarette product or a nicotine product.

(6) Nothing in this section:requires a county to issue a retail tobacco specialty business license; orprohibits a county from adopting more restrictive requirements on a person seeking a license or renewal of a license to conduct business as a retail tobacco specialty business.A county may suspend or revoke a retail tobacco specialty business license issued under this section:if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 17, Part 4, Offenses Concerning a Pattern of Unlawful Activity;if a licensee violates federal law or federal regulations restricting the sale and distribution of tobacco products or electronic cigarette products to protect children and adolescents;upon the recommendation of the department or a local health department under Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products; orunder any other provision of state law or local ordinance.

(7) Except as provided in Subsection (7)(e), a retail tobacco specialty business is exempt from Subsection (4) if:on or before December 31, 2018, the retail tobacco specialty business was issued a license to conduct business as a retail tobacco specialty business;the retail tobacco specialty business is operating in a county in accordance with all applicable laws except for the requirement in Subsection (4); andbeginning July 1, 2022, the retail tobacco specialty business is not located within 1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school.A retail tobacco specialty business may maintain an exemption under Subsection (7)(a) if:the license described in Subsection (7)(a)(i) is renewed continuously without lapse or permanent revocation;the retail tobacco specialty business does not close for business or otherwise suspend the sale of tobacco products, electronic cigarette products, or nicotine products for more than 60 consecutive days;the retail tobacco specialty business does not substantially change the business premises or business operation; andthe retail tobacco specialty business maintains the right to operate under the terms of other applicable laws, including:Section 26B-7-503, Utah Indoor Clean Air Act;zoning ordinances;building codes; andthe requirements of the license described in Subsection (7)(a)(i).A retail tobacco specialty business that does not qualify for an exemption under Subsection (7)(a) is exempt from Subsection (4) if:on or before December 31, 2018, the retail tobacco specialty business was issued a general tobacco retailer permit or a retail tobacco specialty business permit under Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products, by the local health department having jurisdiction over the area in which the retail tobacco specialty business is located;the retail tobacco specialty business is operating in the county in accordance with all applicable laws except for the requirement in Subsection (4); andbeginning July 1, 2022, the retail tobacco specialty business is not located within 1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school.A retail tobacco specialty business may maintain an exemption under Subsection (7)(c) if:on or before December 31, 2020, the retail tobacco specialty business receives a retail tobacco specialty business permit from the local health department having jurisdiction over the area in which the retail tobacco specialty business is located;the permit described in Subsection (7)(d)(i) is renewed continuously without lapse or permanent revocation;the retail tobacco specialty business does not close for business or otherwise suspend the sale of tobacco products, electronic cigarette products, or nicotine products for more than 60 consecutive days;the retail tobacco specialty business does not substantially change the business premises or business operation as the business existed when the retail tobacco specialty business received a permit under Subsection (7)(d)(i); andthe retail tobacco specialty business maintains the right to operate under the terms of other applicable laws, including:Section 26B-7-503, Utah Indoor Clean Air Act;zoning ordinances;building codes; andthe requirements of the retail tobacco permit described in Subsection (7)(d)(i).A retail tobacco specialty business described in Subsection (7)(a) or (b) that is located within 1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school before July 1, 2022, is exempt from Subsection (4)(a)(iii)(B) if the retail tobacco specialty business:relocates, before July 1, 2022, to a property that is used or zoned for commercial use and located within a group of architecturally unified commercial establishments built on a site that is planned, developed, owned, and managed as an operating unit; andcontinues to meet the requirements described in Subsection (7)(b) that are not directly related to the relocation described in this Subsection (7)(e).

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-1005 - Prohibition on licensing or certification of child care programs.

(1) As used in this section, “child care program” means a child care facility or program operated by a person who holds a license or certificate from the Department of Health and Human Services under Title 26B, Chapter 2, Part 4, Child Care Licensing.”Child care program” does not include a child care program for which a county provides oversight, as described in Subsection 26B-2-405(2)(e).

(2) A county may not enact or enforce an ordinance that:imposes licensing or certification requirements for a child care program; orgoverns the manner in which care is provided in a child care program.

(3) This section does not prohibit a county from:requiring a business license to operate a business within the county; orimposing requirements related to building, health, and fire codes.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

County Regulation of Particular Non-County Property

17-78-1101 - Ordinances regarding co-ownership — Prohibition on county ordinances restricting co-ownership models.

(1) As used in this section:“Co-owned home” means any residential unit that is jointly owned, in any manner or form, by any combination of individuals or entities.”Residential unit” means the same as that term is defined in Section 17-78-1102.

(2) Notwithstanding Section 17-79-501 or Subsection 17-79-503(1), a county legislative body may not:adopt or enforce a land use regulation that governs co-owned homes differently than other residential units; oruse a land use regulation that regulates co-owned homes to fine, charge, prosecute, or otherwise punish an individual solely for the act of owning or using a co-owned home.

(3) Notwithstanding Subsection (2), a legislative body may adopt and enforce land use regulations, if the regulations are applied equally to all residential units, including co-owned homes.

(4) This section does not limit homeowners’ associations or condominium associations from adopting rules or regulations governing co-owned homes.

(5) Nothing in this section limits a county’s authority to adopt or enforce regulations regarding:accessory dwelling units, as defined in Section 17-79-102;internal accessory dwelling units, as defined in Section 17-79-611; orthe rental of a residential unit for fewer than 30 days consistent with Section 17-78-1102.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-1102 - Ordinances regarding short-term rentals — Prohibition on ordinances restricting speech on short-term rental websites — Evidence of short-term rental — Removing a listing.

(1) As used in this section:“Internal accessory dwelling unit” means the same as that term is defined in Section 10-20-606.”Permit number” means a unique identifier issued by a county and may include a business license number.”Request” means a formal inquiry made by a county to a short-term rental website that is not a legal requirement.”Residential unit” means a residential structure or any portion of a residential structure that is occupied as a residence.”Short-term rental” means a residential unit or any portion of a residential unit that the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30 consecutive days.”Short-term rental website” means a website or other digital platform that:allows a person to offer a short-term rental to one or more prospective renters; andfacilitates the renting of, and payment for, a short-term rental.”URL” means uniform resource locater.

(2) Notwithstanding Section 17-79-501 or Subsection 17-79-503(1), a legislative body may not:enact or enforce an ordinance that prohibits an individual from listing or offering a short-term rental on a short-term rental website; oruse an ordinance that prohibits the act of renting a short-term rental to fine, charge, prosecute, or otherwise punish an individual solely for the act of listing or offering a short-term rental on a short-term rental website.

(3) If a county regulates short-term rentals, Subsection (2)(b) does not prevent the county from using a listing or offering of a short-term rental on a short-term rental website as evidence that a short-term rental took place so long as the county has additional information to support the position that a property owner or lessee violated a county ordinance.

(4) A county may adopt an ordinance requiring the owner or lessee of a short-term rental to obtain a business license or other permit from the county before operating a short-term rental within an unincorporated area of the county.

(5) A county may not regulate a short-term rental website.If a county allows short-term rentals within a portion of or all residential or commercial unincorporated zones in the county, the legislative body of a county may only request a short-term rental website to remove a short-term rental listing or offering from the short-term rental website after notice from the county, as described in Subsection (6), only if the short-term rental is operating in violation of business license requirements or zoning requirements.

(6) A county that provides a notice to a short-term rental website that a short-term rental within the unincorporated county is in violation of the county’s business licensing requirements or zoning requirements shall identify in the notice:the listing or offering to be removed by the listing’s or offering’s URL; andthe reason for the requested removal.

(7) If a legislative body imposes transient room tax on the rental of rooms in hotels, motels, inns, trailer courts, campgrounds, tourist homes, and similar accommodations for stays of less than 30 consecutive days as authorized by Section 59-12-301:the county may utilize a listing or offering of a short-term rental on a short-term rental website as evidence that the owner or lessee of a short-term rental may be subject to the transient room tax; andthe county auditor may utilize the listing or offering of a short-term rental on a short-term rental website when making a referral to the State Tax Commission, as described in Section 59-12-302.

(8) Subsection (2) does not apply to an individual who lists or offers an internal accessory dwelling unit as a short-term rental on a short-term rental website if the county records a notice for the internal accessory dwelling unit under Section 17-78-303.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-1103 - Regulation of carbon monoxide detectors — Enforcement against occupant only.

(1) Subject to Subsection (2), a county may not enforce an ordinance, rule, or regulation requiring the installation or maintenance of a carbon monoxide detector in a residential dwelling against anyone other than the occupant of the dwelling.

(2) Subsection (1) may not be construed to affect:a building permit applicant’s obligation to comply with a building code that requires the installation of a carbon monoxide detector as part of new construction; ora county’s ability to require a building permit applicant to comply with a building code that requires the installation of a carbon monoxide detector as part of new construction.

Renumbered and Amended by Chapter 14, 2025 Special Session 1

17-78-1104 - Easement for utility use — Realignment at property owner’s expense.

(1) As used in this section, “utility easement” means an easement acquired by a county through the use of eminent domain to provide utility services to the county’s residents.

(2) The owner of a servient estate subject to a utility easement may realign the easement at the servient estate owner’s expense unless the alignment cannot be reasonably changed because of engineering or safety requirements.

Renumbered and Amended by Chapter 14, 2025 Special Session 1