(1)  As used in this section:

Terms Used In Utah Code 67-1a-15

  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)  “Entity” means a limited purpose entity or a local government entity.

(b) 

(i)  “Limited purpose entity” means a legal entity that:

(A)  performs a single governmental function or limited governmental functions; and

(B)  is not a state executive branch agency, a state legislative office, or within the judicial branch.

(ii)  “Limited purpose entity” includes:

(A)  area agencies, area agencies on aging, and area agencies on high risk adults, as those terms are defined in Section 62A-3-101;

(B)  charter schools created under Title 53G, Chapter 5, Charter Schools;

(C)  community reinvestment agencies, as that term is defined in Section 17C-1-102;

(D)  conservation districts, as that term is defined in Section 17D-3-102;

(E)  governmental nonprofit corporations, as that term is defined in Section 11-13a-102;

(F)  housing authorities, as that term is defined in Section 35A-8-401;

(G)  independent entities and independent state agencies, as those terms are defined in Section 63E-1-102;

(H)  interlocal entities, as that term is defined in Section 11-13-103;

(I)  local building authorities, as that term is defined in Section 17D-2-102;

(J)  special districts, as that term is defined in Section 17B-1-102;

(K)  local health departments, as that term is defined in Section 26A-1-102;

(L)  local mental health authorities, as that term is defined in Section 62A-15-102;

(M)  nonprofit corporations that receive an amount of money requiring an accounting report under Section 51-2a-201.5;

(N)  school districts under Title 53G, Chapter 3, School District Creation and Change;

(O)  special service districts, as that term is defined in Section 17D-1-102; and

(P)  substance abuse authorities, as that term is defined in Section 62A-15-102.

(c)  “Local government and limited purpose entity registry” or “registry” means the registry of local government entities and limited purpose entities created under this section.

(d)  “Local government entity” means:

(i)  a county, as that term is defined in Section 17-50-101; and

(ii)  a municipality, as that term is defined in Section 10-1-104.

(e)  “Notice of failure to register” means the notice the lieutenant governor sends, in accordance with Subsection (7)(a), to an entity that does not register.

(f)  “Notice of failure to renew” means the notice the lieutenant governor sends to a registered entity, in accordance with Subsection (7)(b).

(g)  “Notice of noncompliance” means the notice the lieutenant governor sends to a registered entity, in accordance with Subsection (6)(c).

(h)  “Notice of non-registration” means the notice the lieutenant governor sends to an entity and the state auditor, in accordance with Subsection (9).

(i)  “Notice of registration or renewal” means the notice the lieutenant governor sends, in accordance with Subsection (6)(b)(i).

(j)  “Registered entity” means an entity with a valid registration as described in Subsection (8).

(2)  The lieutenant governor shall:

(a)  create a registry of each local government entity and limited purpose entity within the state that:

(i)  contains the information described in Subsection (4); and

(ii)  is accessible on the lieutenant governor’s website or otherwise publicly available; and

(b)  establish fees for registration and renewal, in accordance with Section 63J-1-504, based on and to directly offset the cost of creating, administering, and maintaining the registry.

(3)  Each local government entity and limited purpose entity shall:

(a)  on or before July 1, 2019, register with the lieutenant governor as described in Subsection (4);

(b)  on or before one year after the day on which the lieutenant governor issues the notice of registration or renewal, annually renew the entity’s registration in accordance with Subsection (5); and

(c)  on or before 30 days after the day on which any of the information described in Subsection (4) changes, send notice of the changes to the lieutenant governor.

(4)  Each entity shall include the following information in the entity’s registration submission:

(a)  the resolution or other legal or formal document creating the entity or, if the resolution or other legal or formal document creating the entity cannot be located, conclusive proof of the entity’s lawful creation;

(b)  if the entity has geographic boundaries, a map or plat identifying the current geographic boundaries of the entity, or if it is impossible or unreasonably expensive to create a map or plat, a metes and bounds description, or another legal description that identifies the current boundaries of the entity;

(c)  the entity’s name;

(d)  the entity’s type of local government entity or limited purpose entity;

(e)  the entity’s governmental function;

(f)  the entity’s website, physical address, and phone number, including the name and contact information of an individual whom the entity designates as the primary contact for the entity;

(g) 

(i)  names, email addresses, and phone numbers of the members of the entity’s governing board or commission, managing officers, or other similar managers and the method by which the members or officers are appointed, elected, or otherwise designated;

(ii)  the date of the most recent appointment or election of each entity governing board or commission member; and

(iii)  the date of the anticipated end of each entity governing board or commission member’s term;

(h)  the entity’s sources of revenue; and

(i)  if the entity has created an assessment area, as that term is defined in Section 11-42-102, information regarding the creation, purpose, and boundaries of the assessment area.

(5)  Each entity shall include the following information in the entity’s renewal submission:

(a)  identify and update any incorrect or outdated information the entity previously submitted during registration under Subsection (4); or

(b)  certify that the information the entity previously submitted during registration under Subsection (4) is correct without change.

(6)  Within 30 days of receiving an entity’s registration or renewal submission, the lieutenant governor shall:

(a)  review the submission to determine compliance with Subsection (4) or (5);

(b)  if the lieutenant governor determines that the entity’s submission complies with Subsection (4) or (5):

(i)  send a notice of registration or renewal that includes the information that the entity submitted under Subsection (4) or (5) to:

(A)  the registering or renewing entity;

(B)  each county in which the entity operates, either in whole or in part, or where the entity’s geographic boundaries overlap or are contained within the boundaries of the county;

(C)  the Division of Archives and Records Service; and

(D)  the Office of the Utah State Auditor; and

(ii)  publish the information from the submission on the registry, except any email address or phone number that is personal information as defined in Section 63G-2-303; and

(c)  if the lieutenant governor determines that the entity’s submission does not comply with Subsection (4) or (5) or is otherwise inaccurate or deficient, send a notice of noncompliance to the registering or renewing entity that:

(i)  identifies each deficiency in the entity’s submission with the corresponding statutory requirement;

(ii)  establishes a deadline to cure the entity’s noncompliance that is the first business day that is at least 30 calendar days after the day on which the lieutenant governor sends the notice of noncompliance; and

(iii)  states that failure to comply by the deadline the lieutenant governor establishes under Subsection (6)(c)(ii) will result in the lieutenant governor sending a notice of non-registration to the Office of the Utah State Auditor, in accordance with Subsection (9).

(7) 

(a)  If the lieutenant governor identifies an entity that does not make a registration submission in accordance with Subsection (4) by the deadline described in Subsection (3), the lieutenant governor shall send a notice of failure to register to the registered entity that:

(i)  identifies the statutorily required registration deadline described in Subsection (3) that the entity did not meet;

(ii)  establishes a deadline to cure the entity’s failure to register that is the first business day that is at least 10 calendar days after the day on which the lieutenant governor sends the notice of failure to register; and

(iii)  states that failure to comply by the deadline the lieutenant governor establishes under Subsection (7)(a)(ii) will result in the lieutenant governor sending a notice of non-registration to the Office of the Utah State Auditor, in accordance with Subsection (9).

(b)  If a registered entity does not make a renewal submission in accordance with Subsection (5) by the deadline described in Subsection (3), the lieutenant governor shall send a notice of failure to renew to the registered entity that:

(i)  identifies the renewal deadline described in Subsection (3) that the entity did not meet;

(ii)  establishes a deadline to cure the entity’s failure to renew that is the first business day that is at least 30 calendar days after the day on which the lieutenant governor sends the notice of failure to renew; and

(iii)  states that failure to comply by the deadline the lieutenant governor establishes under Subsection (7)(b)(ii) will result in the lieutenant governor sending a notice of non-registration to the Office of the Utah State Auditor, in accordance with Subsection (9).

(8)  An entity’s registration is valid:

(a)  if the entity makes a registration or renewal submission in accordance with the deadlines described in Subsection (3);

(b)  during the period the lieutenant governor establishes in the notice of noncompliance or notice of failure to renew during which the entity may cure the identified registration deficiencies; and

(c)  for one year beginning on the day the lieutenant governor issues the notice of registration or renewal.

(9) 

(a)  The lieutenant governor shall send a notice of non-registration to the Office of the Utah State Auditor if an entity fails to:

(i)  cure the entity’s noncompliance by the deadline the lieutenant governor establishes in the notice of noncompliance;

(ii)  register by the deadline the lieutenant governor establishes in the notice of failure to register; or

(iii)  cure the entity’s failure to renew by the deadline the lieutenant governor establishes in the notice of failure to renew.

(b)  The lieutenant governor shall ensure that the notice of non-registration:

(i)  includes a copy of the notice of noncompliance, the notice of failure to register, or the notice of failure to renew; and

(ii)  requests that the state auditor withhold state allocated funds or the disbursement of property taxes and prohibit the entity from accessing money held by the state or money held in an account of a financial institution, in accordance with Subsections 67-3-1(7)(i) and 67-3-1(10).

(10)  The lieutenant governor may extend a deadline under this section if an entity notifies the lieutenant governor, before the deadline to be extended, of the existence of an extenuating circumstance that is outside the control of the entity.

(11) 

(a)  An entity is not required to renew submission of a registration under this section if an entity provides a record of dissolution.

(b)  The lieutenant governor shall include in the registry an entity’s record of dissolution and indicate on the registry that the entity is dissolved.

Amended by Chapter 16, 2023 General Session

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