H.B. 35 Enrolled

1

RETIREMENT ANALYSIS FOR NEW PUBLIC ENTITIES
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Don L. Ipson
5 Senate Sponsor: Todd Weiler
6
7 LONG TITLE
8 General Description:
9 This bill modifies Title 67, Chapter 1a, Lieutenant Governor, by amending notice of an
10 impending boundary action requirement before certification by the lieutenant governor
11 for the creation or modification of certain local entities.
12 Highlighted Provisions:
13 This bill:
14 . requires a person or body required to submit a notice of an impending boundary
15 action that creates or incorporates a local entity to the lieutenant governor to include
16 a letter from the Utah State Retirement Office identifying potential retirement
17 provisions that the local entity shall comply with related to the boundary action, if
18 the impending proposed boundary action may result in a local entity that employs
19 personnel; and
20 . makes technical changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 67-1a-6.5, as last amended by Laws of Utah 2010, Chapter 218
28
29 Be it enacted by the Legislature of the state of Utah:

30 Section 1. Section 67-1a-6.5 is amended to read:
31 67-1a-6.5. Certification of local entity boundary actions -- Definitions -- Notice
32 requirements -- Electronic copies -- Filing.
33 (1) As used in this section:
34 (a) "Applicable certificate" means:
35 (i) for the impending incorporation of a city, town, local district, or conservation
36 district, a certificate of incorporation;
37 (ii) for the impending creation of a county, school district, special service district,
38 community development and renewal agency, or interlocal entity, a certificate of creation;
39 (iii) for the impending annexation of territory to an existing local entity, a certificate of
40 annexation;
41 (iv) for the impending withdrawal or disconnection of territory from an existing local
42 entity, a certificate of withdrawal or disconnection, respectively;
43 (v) for the impending consolidation of multiple local entities, a certificate of
44 consolidation;
45 (vi) for the impending division of a local entity into multiple local entities, a certificate
46 of division;
47 (vii) for the impending adjustment of a common boundary between local entities, a
48 certificate of boundary adjustment; and
49 (viii) for the impending dissolution of a local entity, a certificate of dissolution.
50 (b) "Approved final local entity plat" means a final local entity plat, as defined in
51 Section 17-23-20 , that has been approved under Section 17-23-20 as a final local entity plat by
52 the county surveyor.
53 (c) "Approving authority" has the same meaning as defined in Section 17-23-20 .
54 (d) "Boundary action" has the same meaning as defined in Section 17-23-20 .
55 (e) "Center" means the Automated Geographic Reference Center created under Section
56 63F-1-506 .
57 (f) "Community development and renewal agency" has the same meaning as defined in

58 Section 17C-1-102 .
59 (g) "Conservation district" has the same meaning as defined in Section 17D-3-102 .
60 (h) "Interlocal entity" has the same meaning as defined in Section 11-13-103 .
61 (i) "Local district" has the same meaning as defined in Section 17B-1-102 .
62 (j) "Local entity" means a county, city, town, school district, local district, community
63 development and renewal agency, special service district, conservation district, or interlocal
64 entity.
65 (k) "Notice of an impending boundary action" means a written notice, as described in
66 Subsection (3), that provides notice of an impending boundary action.
67 (l) "Special service district" has the same meaning as defined in Section 17D-1-102 .
68 (2) Within 10 days after receiving a notice of an impending boundary action, the
69 lieutenant governor shall:
70 (a) (i) issue the applicable certificate, if:
71 (A) the lieutenant governor determines that the notice of an impending boundary action
72 meets the requirements of Subsection (3); and
73 (B) except in the case of an impending local entity dissolution, the notice of an
74 impending boundary action is accompanied by an approved final local entity plat;
75 (ii) send the applicable certificate to the local entity's approving authority;
76 (iii) return the original of the approved final local entity plat to the local entity's
77 approving authority;
78 (iv) send a copy of the applicable certificate and approved final local entity plat to:
79 (A) the State Tax Commission;
80 (B) the center; and
81 (C) the county assessor, county surveyor, county auditor, and county attorney of each
82 county in which the property depicted on the approved final local entity plat is located; and
83 (v) send a copy of the applicable certificate to the state auditor, if the boundary action
84 that is the subject of the applicable certificate is:
85 (A) the incorporation or creation of a new local entity;

86 (B) the consolidation of multiple local entities;
87 (C) the division of a local entity into multiple local entities; or
88 (D) the dissolution of a local entity; or
89 (b) (i) send written notification to the approving authority that the lieutenant governor
90 is unable to issue the applicable certificate, if:
91 (A) the lieutenant governor determines that the notice of an impending boundary action
92 does not meet the requirements of Subsection (3); or
93 (B) the notice of an impending boundary action is:
94 (I) not accompanied by an approved final local entity plat; or
95 (II) accompanied by a plat or final local entity plat that has not been approved as a final
96 local entity plat by the county surveyor under Section 17-23-20 ; and
97 (ii) explain in the notification under Subsection (2)(b)(i) why the lieutenant governor is
98 unable to issue the applicable certificate.
99 (3) Each notice of an impending boundary action shall:
100 (a) be directed to the lieutenant governor;
101 (b) contain the name of the local entity or, in the case of an incorporation or creation,
102 future local entity, whose boundary is affected or established by the boundary action;
103 (c) describe the type of boundary action for which an applicable certificate is sought;
104 [and]
105 (d) be accompanied by a letter from the Utah State Retirement Office, created under
106 Section 49-11-201 , to the approving authority that identifies the potential provisions under
107 Title 49, Utah State Retirement and Insurance Benefit Act, that the local entity shall comply
108 with, related to the boundary action, if the boundary action is an impending incorporation or
109 creation of a local entity that may result in the employment of personnel; and
110 [(d)] (e) (i) contain a statement, signed and verified by the approving authority,
111 certifying that all requirements applicable to the boundary action have been met; or
112 (ii) in the case of the dissolution of a municipality, be accompanied by a certified copy
113 of the court order approving the dissolution of the municipality.

114 (4) The lieutenant governor may require the approving authority to submit a paper or
115 electronic copy of a notice of an impending boundary action and approved final local entity plat
116 in conjunction with the filing of the original of those documents.
117 (5) (a) The lieutenant governor shall:
118 (i) keep, index, maintain, and make available to the public each notice of an impending
119 boundary action, approved final local entity plat, applicable certificate, and other document that
120 the lieutenant governor receives or generates under this section;
121 (ii) make a copy of each document listed in Subsection (5)(a)(i) available on the
122 Internet for 12 months after the lieutenant governor receives or generates the document;
123 (iii) furnish a paper copy of any of the documents listed in Subsection (5)(a)(i) to any
124 person who requests a paper copy; and
125 (iv) furnish a certified copy of any of the documents listed in Subsection (5)(a)(i) to
126 any person who requests a certified copy.
127 (b) The lieutenant governor may charge a reasonable fee for a paper copy or certified
128 copy of a document that the lieutenant governor provides under this Subsection (5).

[Bill Documents]