HB 212 — County Formation Amendments

212 [(ii)] (B) certify on the petition whether each name is that of a registered voter in the seceding county;

(A) determine whether the triggering resolution appears to satisfy the requirements of Subsections (2)(c)(2) (c) and (d);

(5)(a)(5) (a) An individual who signs a petition under this section may have the individual's signature removed from the petition by, no later than three business days after the day on which the county legislative body provides the petition to the county clerk, submitting to the county clerk a statement requesting that the individual's signature be removed.

[(6) {[} The seceding{] After receiving a certified petition or a triggering resolution from the county clerk under Subsection (4), the }seceding county legislative body shallshall{[} cause {] :} - 5 - HB0212 compared with HB0212S01 {(a) obtain a feasibility study from a feasibility consultant that:} {(i) considers:} {(A) population and population density within the propositionnew toand beseceding submittedcounties;} to{(B) current and five-year projections of demographics and economic base in the votersproposed residingnew and seceding counties, including household size and income, commercial and industrial development, and public facilities;} {(C) projected population growth in the proposed new and seceding counties during the next five years;} {(D) the present and five-year projections of the cost, including overhead, of providing the same or a similar service in the proposed new and seceding counties as the existing seceding county atprovides;} {(E) a specialprojection electionof toany new taxes per household that may be heldlevied accordingwithin tothe proposed new and seceding counties for five years after the datescreation establishedof the new county;} {(F) the physical and other assets that the new and seceding counties will require in Sectionorder 20A-1-204,to firstprovide, causingwithout 30interruption days'or noticediminution of theservice, electioncounty services to beresidents givenof inboth the mannernew providedand byseceding lawcounties;} for{(G) givingthe noticephysical and other assets that the new and seceding counties will no longer require in order to provide county services to residents of generalboth elections.the new and seceding counties;

and} {(H) any other factor that the feasibility consultant considers relevant to the cost of the creation of the new county to both the new and seceding counties;} {(ii) includes a written report of the results of the feasibility study that contains:} {(A) a recommendation as to whether the proposed creation of the new and seceding counties is functionally and financially feasible;} {(B) any conditions the feasibility consultant determines necessary to make the creation of the new county functionally and financially feasible;

and} {(C) a comparison of the costs of the new and seceding counties;} {(b) provide all municipalities within the county an opportunity to:} {(i) request modifications from the feasibility consultant regarding a draft of the feasibility study;

and} {(ii) submit written objections to the county regarding the final feasibility study;} - 6 - HB0212 compared with HB0212S01 {(c) if the feasibility study recommends that creation of the proposed new county is not functionally and financially feasible, for either the new county or seceding county, provide an opportunity to the voter who filed the petition under Subsection (3)(a) or the petitioning municipality to:} {(i) modify and refile the triggering resolution, requesting a revised or new feasibility study;} {(ii) withdraw the triggering resolution;

or} {(iii) opt to proceed to an election on the creation of a new county, despite the adverse recommendation;

and} {(d) if the feasibility study recommends that the creation of the new county and seceding county is functionally and financially feasible, or if the voter or petitioning municipality opt to proceed under Subsection (6)(c)(iii):} {(i) {provide notice of the special election described in Subsection (6)(d)(ii) in accordance with Section 20A-5-101 at least 30 days before the special election;

and} {(ii)} in accordance with Utah Constitution, Article XI, Section 3, submit }the proposition {[} to be submitted {]} to the voters residing in the seceding county at a special election to be held according to the dates established in Section 20A-1-204{[} , first causing 30 days' notice of the election to be given in the manner provided by law for giving notice of general elections{]} .

(D) the present and five-year projections of the cost, including overhead, of -providing 5the -same 1stor Sub.a similar service in the proposed new and seceding counties as the existing seceding county provides;

(Buff) H.B.

212 02-20 14:54 providing the same or a similar service in the proposed new and seceding counties as the existing seceding county provides;

- 7 - HB0212 compared with HB0212S01 (F) the physical and other assets that the new and seceding counties will require in order to provide, without interruption or diminution of service, county services to residents of both the new and seceding counties;

and (d) if the feasibility study recommends that the creation of the new county and seceding -county 6is -functionally 02-20and 14:54financially 1stfeasible, Sub.or if the voter or petitioning municipality opt to proceed under Subsection (6)(c)(iii), submit the question of creating the new county to the voters:

(Buff) H.B.

212 county is functionally and financially feasible, or if the voter or petitioning municipality opt to proceed under Subsection (6)(c)(iii), submit the question of creating the new county to the voters:

and - 8 - HB0212 compared with HB0212S01 (b) the development and production of the feasibility study.

Against the creation of (supplying the name proposed) [county.] county." [(9)] (10)(a)(10) (a) Subject to Subsection (9)(b), the expenses of any [special ]election described in this section shall be paid out of the general fund of the seceding county.

17-61-40217-61-402. .

(1)(a)(1) (a) If a petition for the creation of a new county impacts only one seceding county, the proposition submitted to voters under Section 17-61-401 shall be approved by a majority vote of those voters who reside:

and -(ii) 7in -each 1stremaining Sub.portion of each seceding county.

(Buff) H.B.

212 02-20 14:54 (ii) in each remaining portion of each seceding county.

and - 9 - HB0212 compared with HB0212S01 (b) upon receiving the results from the lieutenant governor under Subsection (1)(a), the governor shall issue a proclamation, stating:

(a) within 30 days after the issuance of the governor's proclamation under SubsectionSubsection{[ [(1)]}[(1)] (2), send to the lieutenant governor:

(4)(a)(4) (a) The new county that is the subject of the lieutenant governor's certificate of creation under Section 67-1a-6.5 is a county of the state from and after January 1 following the issuance of the lieutenant governor's certificate of creation.

(b)(i)(b) (i) The effective date of the creation of a new county for purposes of assessing property within the county is governed by Section 59-2-305.5.

- 810 - 02-20HB0212 14:54compared 1stwith Sub.HB0212S01 (ii) Until the documents listed in Subsection{[ }[(2)(b)] (3)(b) are recorded in the office of the recorder of the new county, the new county may not:

(Buff) H.B.

212 (ii) Until the documents listed in Subsection [(2)(b)] (3)(b) are recorded in the office of the recorder of the new county, the new county may not:

(a) the rural real property remains in the {original } seceding county if the rural real property:

17-61-40517-61-405. .

- 11 - HB0212 compared with HB0212S01 (2) The respective officers of the precincts, school districts, road districts, and election districts described in Subsection (1) shall hold office until the expiration of the terms for -which 9the -officers 1stwere Sub.elected or appointed.

(Buff) H.B.

212 02-20 14:54 which the officers were elected or appointed.

(5) Notwithstanding the creation of a new county, the seceding county Ĥ→may [may] shall ←Ĥ 314a continue to levy a tax on the property within the new county for the purpose of paying the seceding county's proportion of a general obligation or revenue bond until the satisfaction of the bonded indebtedness.

17-61-40717-61-407. .

- 12 - HB0212 compared with HB0212S01 (2) Before furnishing the revenue described in Subsection (1)(b) to the new county, the seceding county may retain:

-(a) 10the -pro 02-20rata 14:54cost 1stof Sub.assessing and collecting the county, school district, or other special tax revenue collected by the seceding county;

(Buff) H.B.

212 (a) the pro rata cost of assessing and collecting the county, school district, or other special tax revenue collected by the seceding county;

Section 17-61-4086 is enacted to read:

17-61-40817-61-408. .

Effective date.

2-4-26 7:19 AM - 1113 -