League of Cities and Towns Scores Legislative Victories

Mar 07, 2008 by Jeff Robinson

But Still Concerned About Public Activities Inventory

(KCPW News) The Utah League of Cities and Towns is glad they were able to reach compromises with the legislature on a bill that requires local governments to inventory their activities, but they still have some concerns. If signed by the governor, Senate Bill 45 would require cities to inventory their activities by June 2010 to see if they compete with the private sector.

"The concern we had with the legislation, it was extremely vague on what type of services they were trying to target. It just said simply, determine what is a core governmental service," said Lincoln Shurtz, a legislative analyst for the organization. "We were fortunate to get some of that language stricken from the bill, so that it simply says just do an inventory of what you do, how you pay for it, and if you perceive any competitive disadvantages that may be in there with the private sector."

Shurtz they also got legislators to push the deadline for the inventory back, and make it only apply to larger cities. But he adds the organization is still concerned that this bill could be a fishing expedition for legislators to target specific governmental services, like rec centers, and stop cities from providing them.

A major victory for the organization this year was House Bill 51, which will keep municipalities from forfeiting their water rights indefinitely, so long as a plan for using the water is in place. Farmers opposed the bill, saying it would allow cities to hoard water and then sell the rights for profit. But Shurtz says that's illegal.

"There's a constiutional prohibition for cities and towns to alienate the water, meaning to re-sell the water," said Shurtz. "Now, they can sell the use of that water to another entity, but they cannot sell the right. It's constitutionally prohibited in the state, and once that was demonstrated to some folks, I think some of the concerns were eased a little bit."

Shurtz says the League will now be working with towns to craft their water usage plans. The organization represents Utah's 243 incorporated local governments.

Email to a friendPosted in KCPW Newsroom and 2008 Legislative Coverage. Copyright 2008 KCPW