H.B. 354

1

INTERLOCAL ENTITY AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Johnny Anderson
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions governing a budget maintained by an interlocal entity and
10 an entity's compliance with public meeting requirements.
11 Highlighted Provisions:
12 This bill:
13 . amends provisions governing an interlocal entity's compliance with public meeting
14 requirements;
15 . requires an interlocal entity to:
16 . adopt a budget at a public meeting;
17 . establish and maintain a budget in accordance with standards established by the
18 Governmental Accounting Standards Board; and
19 . publish the budget on the interlocal entity's and a Utah public agency's public
20 websites; and
21 . makes technical corrections.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:

28 11-13-206, as renumbered and amended by Laws of Utah 2002, Chapter 286
29 11-13-223, as last amended by Laws of Utah 2007, Chapter 249
30 ENACTS:
31 11-13-224, Utah Code Annotated 1953
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 11-13-206 is amended to read:
35 11-13-206. Requirements for agreements for joint or cooperative action.
36 (1) Each agreement under Section 11-13-202 , 11-13-203 , or 11-13-205 shall specify:
37 (a) its duration;
38 (b) if the agreement creates an interlocal entity:
39 (i) the precise organization, composition, and nature of the interlocal entity;
40 (ii) the powers delegated to the interlocal entity;
41 (iii) the manner in which the interlocal entity is to be governed; and
42 (iv) subject to Subsection (2), the manner in which the members of its governing body
43 are to be appointed or selected;
44 (c) its purpose or purposes;
45 (d) the manner of financing the joint or cooperative undertaking and, subject to Section
46 11-13-224 , of establishing and maintaining a budget for it;
47 (e) the permissible method or methods to be employed in accomplishing the partial or
48 complete termination of the agreement and for disposing of property upon such partial or
49 complete termination; and
50 (f) any other necessary and proper matters.
51 (2) Each agreement under Section 11-13-203 or 11-13-205 that creates an interlocal
52 entity shall require that Utah public agencies that are parties to the agreement have the right to
53 appoint or select members of the interlocal entity's governing body with a majority of the
54 voting power.
55 Section 2. Section 11-13-223 is amended to read:
56 11-13-223. Open and public meetings.
57 (1) To the extent that an interlocal entity is subject to [or elects, by formal resolution of
58 its governing body to comply with] the provisions of Title 52, Chapter 4, Open and Public

59 Meetings Act, it may for purposes of complying with those provisions:
60 (a) convene and conduct any public meeting by means of a telephonic or
61 telecommunications conference; and
62 (b) give public notice of its meeting pursuant to Section 52-4-202 .
63 (2) In order to convene and conduct a public meeting by means of a telephonic or
64 telecommunications conference, each interlocal entity shall if it is subject to or elects by formal
65 resolution of its governing body to comply with Title 52, Chapter 4, Open and Public Meetings
66 Act:
67 (a) in addition to giving public notice required by Subsection (1) provide:
68 (i) notice of the telephonic or telecommunications conference to the members of the
69 governing body at least 24 hours before the meeting so that they may participate in and be
70 counted as present for all purposes, including the determination that a quorum is present; and
71 (ii) a description of how the members will be connected to the telephonic or
72 telecommunications conference;
73 (b) establish written procedures governing the conduct of any meeting at which one or
74 more members of the governing body are participating by means of a telephonic or
75 telecommunications conference;
76 (c) provide for an anchor location for the public meeting at the principal office of the
77 governing body; and
78 (d) provide space and facilities for the physical attendance and participation of
79 interested persons and the public at the anchor location, including providing for interested
80 persons and the public to hear by speaker or other equipment all discussions and deliberations
81 of those members of the governing body participating in the meeting by means of telephonic or
82 telecommunications conference.
83 (3) Compliance with the provisions of this section by a governing body constitutes full
84 and complete compliance by the governing body with the corresponding provisions of Sections
85 52-4-201 and 52-4-202 , to the extent that those sections are applicable to the governing body.
86 Section 3. Section 11-13-224 is enacted to read:
87 11-13-224. Budgetary standards -- Publication.
88 If an interlocal entity requires a budget, the interlocal entity shall:
89 (1) adopt the budget at a public meeting held in accordance with Title 52, Chapter 4,

90 Open and Public Meetings Act;
91 (2) establish and maintain the budget in accordance with standards established by the
92 Governmental Accounting Standards Board; and
93 (3) publish annually the interlocal entity's budget on:
94 (a) the interlocal entity's public website, if applicable; and
95 (b) the public website of each Utah public agency that entered into the agreement
96 creating the interlocal entity.




Legislative Review Note
as of 2-19-13 12:59 PM

Office of Legislative Research and General Counsel

[Bill Documents]