2003 Legislative Session Update

By Wilf Sommerkorn

Bills Passed

HB13 – Transportation Corridor Preservation Amendments – Rep. Dillree

Changes the time period for which corridor preservation funds can be used from 20 years to 30 years. Conservative legislators forced an amendment to the bill to stipulate that no funds from this program can be used for condemnation, and that no corridor preservation can be done by condemnation, and also to allow a right of first refusal to the original grantor at the highest offered price.

HB30 – Public Transit District Amendments – Rep. Cox

Stipulates that an election to include an area in a public transit district must also be a vote to implement the dedicated sales tax for the district.

HB51 – Historic Preservation in General Plans – Rep. Becker

Includes in the list of items that may be considered in general plans, historic preservation.

HB79 – Regulation of Radio Antennas – Rep. Hendrickson

Reiterates federal rules regarding regulation of such facilities. It does not create new protections, but mainly puts in the state code the regulations that already exist at the federal level.

HB95 – Annexation of Unincorporated County Islands – Rep. Kiser

Puts some further limitations on annexing islands or peninsulas of unincorporated areas without a petition – mainly requires that the area can have no more than 500 residents. Makes some other technical changes.

HB98 – Municipal Disconnection Amendments – Rep. Hardy

Modifies the process for petitions to disconnect (de-annex) from a municipality. Eliminates a group of “commissioners” appointed to consider and make recommendations on the petition; instead, the municipal governing body hears and makes the decisions. If the municipal governing body does not approve the petition, the petition can then be filed with the district court. Sets forth some standards to be used to determine whether a petition should be granted, based on such factors as what urban services are needed and where can those be best provided.

HB122 – Planning Commission Review of Changes to Public Uses – Rep. Hardy

Prompted by the Supreme Court decision in the Weber County Toone case. Eliminates the requirement in LUDMA that Planning Commissions must make recommendations on purchase or sale of property by city or county. In sections relating to disposal of property by cities or counties, requires that cities and counties must provide for 14 days notice and allow for public comment before selling “significant” parcels of property. The city or county defines what is considered a significant parcel.

HB136 – County Option Sales Tax for Highways, Fixed Guide ways, or Systems for Public Transit – Rep. Alexander

Would allow counties that have not imposed the additional ¼ cent sales tax for transit ( Utah County ) to hold a vote to impose a local option sales tax beginning on or after October 1, 2003 for highways, fixed guide ways, or systems of public transit.

HB137 – Residential Facilities for the Disabled Amendments – Rep. Curtis

This bill seems to be attempting to make a number of changes to the requirements for residential facilities for the disabled, to gain some assurance on who is in these facilities and how they interact with the community. Neil Lindberg put it best, that some of these provisions may be challengeable under federal requirements for such facilities. This may be an exercise in futility.

HB278 – Municipal Annexation Across County Boundaries – Rep. Buxton

Would require the approval of the county legislative body when a municipality proposes to adopt an annexation across the line into another county. Requires petitioners to send their notice to affected entities. If the county governing body turns down the petition, must provide in writing reasons for the turn down.

HB296 – Municipal Annexation Amendments – Rep. Lawrence

Specifies an effective date for annexations. In Salt Lake County , only on July 1 or January 1. In other counties, once Lt. Gov. has certified annexation action.

HB310 – Transportation Planning Task Force – Rep. Dougall

Establishes a legislative task force to study transportation needs and funding for the next 10 to 20 years. Part of the idea is to look at creative ways to make funding go farther.

HB316 – Aerospace and Aviation Development Zone – Rep. Dee

Would allow DCED to establish areas adjacent to significant airports for aerospace and aviation business development – an incentive bill, allowing for 50% rebate of income tax and state sales tax.

HB346 – Outdoor Advertising Amendments – Rep. Goodfellow

Provides for an exemption from the prohibition on advertising visible from freeways for public assembly facilities, like the E Center. The E Center’s sign, with its logo advertising, technically violates state and federal law.

SB14 – GOPB Recodification and Revisions – Sen. R. Allen

Among other things, this bill sets forth a number of planning related duties of the state planning coordinator, for both state agencies and relating to local governments (in an advisory capacity). It also sets forth some planning related duties for the Resource Development Coordinating Council, a body composed primarily of representatives of state agencies, but may also include temporary ex officio members depending on the issue being considered. For local governments, this is all advisory stuff, not mandatory.

SB35 – Redevelopment of Superfund Sites – Sen. Buttars

Prompted by plans by Midvale City to redevelop the Sharon Steel site. Includes superfund designation as criteria for blight determination. Exempts such sites from the 100 acres limitation on size.

SB37 – Task Force Study of Impact of Gravel Pits – Sen. Knudsen

Creates a task force to study the impact of gravel pits and their operations on the environment, the surrounding communities, and their benefit to the state economy. Membership on the task force is to be comprised of eight legislators, a contractor, a rep from the League and UAC, the state director of oil, gas and mining, and a rep of the mining industry.

SB97 – County Annexation Amendments – Sen. Walker

Follow on bill to the constitutional amendment passed last November to allow for minor changes to county boundaries without a public vote. However, this bill only repeals the “alternative” method of changing county boundaries. Other provisions specifying that “minor adjustments” means moving county lines less than 1,000 feet were passed in a bill in last year’s session.

SB164 – County Amendments – Sen. Gladwell

This bill was intended as one of a series of the last couple of years as part of a recodification of the county title in the state code. It makes a number of modifications to the LUDMA, but not just in counties but municipalities as well. However, they are relatively minor. It prohibits county surveyors and county recorders from recording subdivision plats that have the same name as existing subdivisions in the county, and allows the county recorder to change the name of the plat if such is the case. Makes provisions to allow for submittal of plats and other legal documents to county recorders by electronic means. Most everything else is technical stuff.

Bills Failed

HB97 – Repeal Sunset Date for Limitations on Annexation of Townships – Rep. Hutchings

In the annexation law, Salt Lake County has a very different law from the rest of the state, because of all the hot contentious issues on annexation in Salt Lake County . One of the provisions in that law was a prohibition on annexation of areas within existing townships until 2006. This bill would have eliminated the sunset date, thus extending that prohibition indefinitely. It wound up not going anywhere.

HB125 – Legislative Approval of State or Regional Air Quality Plans – Rep. Bennion

This bill would have required legislative approval of the State Implementation Plan for air quality, and of regional compacts with regard to air quality. The big issue, because of the way planning and work is done on the SIP, is that the Legislature would basically have become an administrative body, and would have had to meet several times a year to deal with the regular workload. Lots of folks opposed this bill, including DEQ and UDOT, and it didn’t go very far.

HB193 – Historic Buildings Rehabilitation Credits – Rep. Bennion

This bill would have extended tax credits to historic commercial qualified and certified buildings for rehab. This was just not a good year to propose something that would mean less $$$ for state coffers.

SB135 – RDAs – Exemptions for School Property Taxes – Sen. Blackham

This bill would have taken half the school district’s portion of property tax out of the increment calculation for RDA areas. There has been an ongoing debate the last few years over locking up property tax money for school districts in RDA increment. However, this increment is one of the few meaningful tools available for incentives for redevelopment. Taking out this much of the increment available would have made this a much less effective tool. The bill never got any real legs, and died away.

SB224 – Use of Transportation Funds – Sen. Jenkins

This bill would have put a limit on how much money generated in the Transportation Fund could be taken out and used for other purposes. Again, in a tight budget year, this was a tough sell.

SCR1 – Resolution Urging Light Pollution Prevention – Sen. R. Allen

This bill would have urged businesses and state and local governments to consider light pollution. It was a good bill, just a resolution with no real punch, but was viewed as too intrusive and unnecessary.  

For more information on these bills and related information regarding the Utah Legislature, visit http://le.utah.gov If you are interested in getting involved with the Utah Chapter’s Legislative Committee, contact Wilf Sommerkorn with Davis County Community and Economic Development at 801-451-3278.