11-26-301.  Definitions — Prohibition on imposition of transportation utility fee.

(1)  As used in this section:

(a) 

(i)  “Legal subdivision” means a local government that is recognized by Utah Constitution, Article XI.

(ii)  “Legal subdivision” does not include a local government that Utah Constitution, Article XI, only authorizes the Legislature to create.

(b)  “Municipality” means the same as that term is defined in Section 10-1-104.

(c)  “Transportation utility fee” means an ongoing, regular fee imposed:

(i)  by a municipality for the purpose of maintaining public roads; and

(ii)  on utility customers within the municipality.

(2)  A municipality may not impose a transportation utility fee on a legal subdivision.

(3)  This section does not grant to a municipality any authority not otherwise provided for by law to impose a transportation utility fee.

Amended by Chapter 391, 2020 General Session