Amendments for HB24-1172
House Journal, March 6
36 HB24-1172 be amended as follows, and as so amended, be referred to
37 the Committee of the Whole with favorable
38 recommendation:
39
40 Amend printed bill, page 9, line 27, strike "AUTHORITY." and substitute
41 "AUTHORITY AT LEAST THIRTY DAYS BEFORE THE HEARING.".
42
43 Page 11, strike lines 22 through 27.
44
45 Page 12, line 2, strike "OR SCHOOL DISTRICT".
46
47 Page 12, lines 3 and 4, strike "OR SCHOOL DISTRICT".
48
49 Page 12, line 19, strike "DISTRICTS AND A VACANCY OF THE" and
50 substitute "DISTRICTS.".
51
52 Page 12, strike lines 20 and 21.
53
54 Page 16, line 4, after "THAN" insert "A SCHOOL DISTRICT OR".
55
1 Page 22, line 17, strike "AREA;" and substitute "AREA OR TO PROVIDE OR
2 EXPAND INFRASTRUCTURE OR FACILITIES TO SERVE A COUNTY
3 REVITALIZATION PROJECT;".
4
5 Page 22, line 18, after "AUTHORITY" insert "OR COUNTY".
6
7 Page 22, line 21, strike "AREA." and substitute "AREA OR TO PROVIDE OR
8 EXPAND INFRASTRUCTURE OR FACILITIES TO SERVICE A COUNTY
9 REVITALIZATION PROJECT.".
10
11 Page 22, strike lines 22 through 24 and substitute:
12
13 "(4) NOTHING IN THIS ARTICLE 31 SHALL BE CONSTRUED TO
14 AFFECT THE AUTHORITY OF A MUNICIPALITY TO REGULATE AND PLAN FOR
15 THE USE OF LAND OR AFFECT ANY AGREEMENT BETWEEN A MUNICIPALITY
16 AND A LANDOWNER OR PUBLIC BODY RELATING TO THE USE OR
17 DEVELOPMENT OF LAND.".
18
19 Page 31, line 20, strike "RECORD." and substitute "RECORD AND TO ANY
20 MUNICIPALITY WITHIN THREE MILES OF THE PROPOSED AREA.".
21
22 Page 33, line 12, strike "ORIGINAL".
23
24 Page 33, line 14, strike "MUNICIPALITY." and substitute "MUNICIPALITY,
25 EXCEPT WHERE THE PROPERTY IS SUBSEQUENTLY ANNEXED INTO THE
26 MUNICIPALITY OR PURSUANT TO SECTION 30-31-118.".
27
28 Page 33, line 25, after "WHOLE." add "THE COUNTY PLANNING
29 COMMISSION SHALL ALSO REVIEW AND PROVIDE RECOMMENDATIONS AS
30 TO THE PLAN'S INTERACTION WITH APPLICABLE MUNICIPAL PLANS FOR THE
31 DEVELOPMENT OF UNINCORPORATED TERRITORY IF THE COUNTY
32 REVITALIZATION PLAN INCLUDES PROPERTY THAT IS INCLUDED WITHIN A
33 MUNICIPAL PLAN ADOPTED PURSUANT TO SECTION 31-12-105 (1)(e)(I) OR
34 SECTION 31-23-212.".
35
36 Page 34, after line 6 insert:
37
38 "(3) (a) AT LEAST THIRTY DAYS PRIOR TO THE HEARING DESCRIBED IN
39 SUBSECTION (5)(a) OF THIS SECTION ON A COUNTY REVITALIZATION PLAN
40 OR A SUBSTANTIAL MODIFICATION TO A COUNTY REVITALIZATION PLAN,
41 THE COUNTY OR THE AUTHORITY SHALL SUBMIT A COUNTY
42 REVITALIZATION IMPACT REPORT ALONG WITH THE COUNTY
43 REVITALIZATION PLAN OR MODIFICATION TO A COUNTY REVITALIZATION
44 PLAN TO EVERY MUNICIPALITY WITHIN ONE MILE OF THE COUNTY
45 REVITALIZATION AREA. THE COUNTY REVITALIZATION IMPACT REPORT
46 MUST INCLUDE, AT A MINIMUM, THE FOLLOWING INFORMATION
47 CONCERNING THE IMPACT OF SUCH A COUNTY REVITALIZATION PLAN:
48 (I) AN ESTIMATE OF THE IMPACT OF THE COUNTY REVITALIZATION
49 PROJECT ON MUNICIPAL SERVICES AND INFRASTRUCTURE;
50 (II) AN ESTIMATE OF THE COST AND EXTENT OF ADDITIONAL
51 MUNICIPAL INFRASTRUCTURE AND SERVICES THAT ARE ANTICIPATED TO BE
52 NEEDED TO SERVE DEVELOPMENT WITHIN THE PROPOSED COUNTY
53 REVITALIZATION AREA, AND THE BENEFIT OF IMPROVEMENTS WITHIN THE
54 COUNTY REVITALIZATION AREA TO EXISTING MUNICIPAL INFRASTRUCTURE;
55
1 (III) A STATEMENT SETTING FORTH THE METHOD UNDER WHICH
2 THE AUTHORITY OR THE COUNTY WILL FINANCE, OR THAT AGREEMENTS
3 ARE IN PLACE TO FINANCE, ANY ADDITIONAL MUNICIPAL INFRASTRUCTURE
4 AND SERVICES TO SERVE DEVELOPMENT IN THE COUNTY REVITALIZATION
5 AREA FOR THE DURATION OF THE COUNTY REVITALIZATION PROJECT; AND
6 (IV) ANY OTHER ESTIMATED IMPACTS OF THE COUNTY
7 REVITALIZATION PROJECT.
8 (b) THE INADVERTENT FAILURE OF A COUNTY OR AN AUTHORITY
9 TO SUBMIT A COUNTY REVITALIZATION PLAN, SUBSTANTIAL MODIFICATION
10 TO A COUNTY REVITALIZATION PLAN, OR A COUNTY REVITALIZATION
11 IMPACT REPORT, AS APPLICABLE, TO A MUNICIPALITY IN ACCORDANCE
12 WITH THE REQUIREMENTS OF SUBSECTION (3)(a) OF THIS SECTION NEITHER
13 CREATES A CAUSE OF ACTION IN FAVOR OF ANY PARTY NOR INVALIDATES
14 ANY COUNTY REVITALIZATION PLAN OR SUBSTANTIAL MODIFICATION TO
15 A COUNTY REVITALIZATION PLAN.
16 (c) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,
17 A CITY AND COUNTY IS NOT REQUIRED TO SUBMIT AN URBAN RENEWAL
18 IMPACT REPORT SATISFYING THE REQUIREMENTS OF SUBSECTION (3)(a) OF
19 THIS SECTION.
20 (4) UPON REQUEST OF THE COUNTY OR THE AUTHORITY, EACH
21 MUNICIPALITY THAT IS ENTITLED TO RECEIVE A COPY OF A COUNTY
22 REVITALIZATION PLAN OR A SUBSTANTIAL MODIFICATION TO A COUNTY
23 REVITALIZATION PLAN SHALL PROVIDE AVAILABLE MUNICIPAL DATA AND
24 PROJECTIONS TO THE COUNTY OR THE AUTHORITY TO ASSIST IN PREPARING
25 A COUNTY REVITALIZATION IMPACT REPORT PURSUANT TO SUBSECTION (3)
26 OF THIS SECTION.".
27
28 Renumber succeeding subsections accordingly.
29
30 Page 36, line 23, strike "WHOLE;" and substitute "WHOLE AND CONSIDERS
31 APPLICABLE MUNICIPAL PLANS FOR THE DEVELOPMENT OF
32 UNINCORPORATED TERRITORY, IF THE COUNTY REVITALIZATION PLAN
33 INCLUDES PROPERTY THAT IS INCLUDED WITHIN A MUNICIPAL PLAN
34 ADOPTED PURSUANT TO SECTION 31-12-105 (1)(e)(I) OR SECTION
35 31-23-212;".
36
37 Page 37, line 3, after "COUNTY" insert "AND MUNICIPAL".
38
39 Page 37, line 7, strike "AND".
40
41 Page 37, line 9, after "SERVICES" insert "OR THAT OWNS, CONTROLS, OR
42 MAINTAINS ANY INFRASTRUCTURE OR FACILITIES".
43
44 Page 37, line 10, strike "PLAN." and substitute "PLAN, EXCLUDING ANY
45 BURDEN THAT HAS NOT BEEN ADDRESSED PURSUANT TO SUBSECTION
46 (6)(h) OF THIS SECTION; AND
47 (j) NO PROPERTY IS INCLUDED IN THE COUNTY REVITALIZATION
48 PLAN THAT IS SUBJECT TO A PENDING ANNEXATION AGREEMENT OR FOR
49 WHICH ANNEXATION PROCEEDINGS HAVE BEEN COMMENCED WITHIN THE
50 PAST THREE YEARS.".
51
52 Page 37, line 12, strike "(4)" and substitute "(6)".
53
54
1 Page 38, line 22, strike "TIME." and substitute "TIME; BUT, IF THE COUNTY
2 REVITALIZATION PLAN IS MODIFIED AFTER THE LEASE OR SALE BY THE
3 AUTHORITY OF REAL PROPERTY IN THE COUNTY REVITALIZATION PROJECT
4 AREA, THE MODIFICATION IS SUBJECT TO SUCH RIGHTS AT LAW OR IN
5 EQUITY AS A LESSEE OR PURCHASER OR THE PURCHASER'S SUCCESSOR IN
6 INTEREST MAY BE ENTITLED TO ASSERT. IF THE MODIFICATION TO A
7 COUNTY REVITALIZATION PLAN WILL SUBSTANTIALLY CHANGE PROVISIONS
8 OF THE COUNTY REVITALIZATION PLAN REGARDING LAND AREA, LAND USE,
9 AUTHORIZATION TO COLLECT INCREMENTAL TAX REVENUE, THE EXTENT
10 OF THE USE OF TAX INCREMENT FINANCING, THE SCOPE OR NATURE OF THE
11 COUNTY REVITALIZATION PROJECT, THE SCOPE OR METHOD OF FINANCING,
12 DESIGN, BUILDING REQUIREMENTS, TIMING, OR PROCEDURE, AS
13 PREVIOUSLY APPROVED, OR WHERE THE MODIFICATION WILL
14 SUBSTANTIALLY CLARIFY A PLAN THAT, WHEN APPROVED, WAS LACKING
15 IN SPECIFICITY AS TO THE COUNTY REVITALIZATION PROJECT OR
16 FINANCING, THEN THE MODIFICATION IS A SUBSTANTIAL MODIFICATION TO
17 THE COUNTY REVITALIZATION PLAN AND SUBJECT TO ALL OF THE
18 REQUIREMENTS OF THIS SECTION.".
19
20 Page 39, line 3, strike "A NOTICE" and substitute "TO EACH MUNICIPALITY
21 WITHIN THREE MILES OF THE COUNTY REVITALIZATION AREA ALONG WITH
22 A NOTICE".
23
24 Page 39, after line 26 insert:
25
26 "(f) ANY TAXING ENTITY THAT LEVIES TAXES ON PROPERTY
27 LOCATED WITHIN THE COUNTY REVITALIZATION AREA AND ANY
28 MUNICIPALITY WITH TERRITORY WITHIN THREE MILES OF THE COUNTY
29 REVITALIZATION AREA MAY FILE AN ACTION IN A STATE DISTRICT COURT
30 EXERCISING JURISDICTION OVER THE COUNTY IN WHICH THE COUNTY
31 REVITALIZATION AREA IS LOCATED FOR AN ORDER DETERMINING, UNDER
32 A DE NOVO STANDARD OF REVIEW, WHETHER THE MODIFICATION IS A
33 SUBSTANTIAL MODIFICATION. IF REQUESTED BY THE TAXING ENTITY OR
34 MUNICIPALITY, THE COURT SHALL ENJOIN ANY ACTION BY THE AUTHORITY
35 PURSUANT TO THE MODIFICATION UNTIL THE COURT HAS DETERMINED
36 WHETHER THE MODIFICATION IS A SUBSTANTIAL MODIFICATION AND, IF
37 THE COURT MAKES SUCH A DETERMINATION, THE COURT SHALL FURTHER
38 ENJOIN ANY ACTION BY THE AUTHORITY PURSUANT TO THE MODIFICATION
39 UNTIL THE AUTHORITY COMPLIES WITH SUBSECTION (8) OF THIS SECTION.".
40
41 Page 40, line 4, strike "TWENTY-EIGHT" and substitute "FORTY-FIVE".
42
43 Page 40, line 19, strike "AREA." and substitute "AREA AND TO EACH
44 MUNICIPALITY WITHIN THREE MILES OF THE COUNTY REVITALIZATION
45 AREA.".
46
47 Page 40, line 25, strike "PLAN." and substitute "PLAN, EXCEPT TO THE
48 EXTENT INCONSISTENT WITH THE LAWS OF A MUNICIPALITY FOLLOWING
49 ANNEXATION OF SUCH PROPERTY.".
50
51 Page 43, line 3, strike "(11)(a)(II)" and substitute "(13)(a)(II)".
52
53 Page 45, line 3, strike "(11)(a)(III)" and substitute "(13)(a)(III)".
54
55 Page 45, lines 8 and 9, strike "ANNEXED INTO A MUNICIPALITY OR".
1 Page 45, line 9, after "AREA" insert "OR ANY OTHER PROPERTY TAX
2 INCREMENT AREA".
3
4 Page 45, after line 12 insert:
5
6 "(V) A COUNTY REVITALIZATION PLAN SHALL NOT BE AFFECTED
7 BY THE ANNEXATION OF ANY PROPERTY IN THE COUNTY REVITALIZATION
8 AREA.".
9
10 Page 46, line 14, strike "(11)(a)(I) AND (11)(a)(II)" and substitute
11 "(13)(a)(I) AND (13)(a)(II)".
12
13 Page 48, strike lines 9 through 21.
14
15 Page 49, line 3, strike "(12)" and substitute "(14)".
16
17 Page 62, after line 8 insert:
18
19 "30-31-118. Inclusion of incorporated territory in a county
20 revitalization area. (1) NOTWITHSTANDING ANY OTHER PROVISION OF
21 THIS ARTICLE 31, A COUNTY REVITALIZATION PLAN, COUNTY
22 REVITALIZATION PROJECT, OR COUNTY REVITALIZATION AREA MAY
23 INCLUDE INCORPORATED TERRITORY THAT IS WITHIN THE BOUNDARIES OF
24 A MUNICIPALITY AND CONTIGUOUS TO A PORTION OF AN URBAN RENEWAL
25 AREA LOCATED OUTSIDE OF THE MUNICIPALITY'S BOUNDARIES. NO SUCH
26 TERRITORY SHALL BE INCLUDED IN THE PLAN, PROJECT, OR AREA WITHOUT
27 THE CONSENT OF THE GOVERNING BODY OF THE MUNICIPALITY EXERCISING
28 JURISDICTION OVER THE INCORPORATED TERRITORY PROPOSED FOR
29 INCLUSION AND THE CONSENT OF EACH OWNER OF, AND EACH HOLDER OF
30 A RECORDED MORTGAGE OR DEED OF TRUST ENCUMBERING, REAL
31 PROPERTY WITHIN THE INCORPORATED AREA PROPOSED FOR INCLUSION.
32 (2) IN ADDITION TO THE PROCEDURES FOR APPROVAL OF A
33 PROPOSED COUNTY REVITALIZATION PLAN BY THE COUNTY PURSUANT TO
34 SECTION 30-31-109, INCORPORATED TERRITORY MUST ONLY BE INCLUDED
35 IN THE COUNTY REVITALIZATION PLAN, PROJECT, OR AREA UPON THE
36 GOVERNING BODY OF THE MUNICIPALITY:
37 (a) MAKING A DETERMINATION THAT THE AREA PROPOSED FOR
38 INCLUSION IN THE COUNTY REVITALIZATION PLAN IS A REVITALIZATION
39 AREA AND DESIGNATING THE AREA AS APPROPRIATE FOR A COUNTY
40 REVITALIZATION PROJECT IN THE MANNER PROVIDED IN SECTION
41 30-31-109 (1);
42 (b) REFERRING THE COUNTY REVITALIZATION PLAN TO THE
43 PLANNING COMMISSION OF THE MUNICIPALITY FOR A DETERMINATION AS
44 TO THE CONFORMITY OF THE COUNTY REVITALIZATION PLAN WITH THE
45 GENERAL PLAN FOR DEVELOPMENT FOR THE MUNICIPALITY IN THE MANNER
46 PROVIDED IN SECTION 30-31-109 (2);
47 (c) CONDUCTING A PUBLIC HEARING AND MAKING FINDINGS AND
48 A DETERMINATION TO APPROVE INCLUSION OF THE INCORPORATED
49 TERRITORY IN THE COUNTY REVITALIZATION PLAN, PROJECT, OR AREA IN
50 THE MANNER PROVIDED IN SECTION 30-31-109 (5)(a), (5)(b)(I) THROUGH
51 (5)(b)(IV), (5)(c), (5)(d), (6), (8), AND (9);
52 (d) MAKING AN ADDITIONAL FINDING THAT EACH OWNER OF, AND
53 EACH HOLDER OF A RECORDED MORTGAGE OR DEED OF TRUST
54 ENCUMBERING, REAL PROPERTY IN THE INCORPORATED TERRITORY
55 PROPOSED FOR INCLUSION IN THE COUNTY REVITALIZATION PLAN,
56 PROJECT, OR AREA CONSENTS TO THE INCLUSION; AND
1 (e) DETERMINING WHETHER THE INCORPORATED TERRITORY MUST
2 BE INCLUDED IN ANY PROVISION FOR THE DIVISION OF TAXES IN THE
109 3 COUNTY REVITALIZATION AREA AS AUTHORIZED BY SECTION 30-31-
4 (13), AND, IF SO DETERMINED, NOTIFYING THE COUNTY ASSESSOR OF SUCH
5 INCLUSION AS REQUIRED BY SECTION 30-31-109 (15).
6 (4) ANY COUNTY REVITALIZATION PLAN APPROVED IN
7 ACCORDANCE WITH THIS SECTION MAY BE MODIFIED AS PROVIDED IN
8 SECTION 30-31-109 (10); EXCEPT THAT A MODIFICATION MUST BE
9 APPROVED BY THE GOVERNING BODY OF THE MUNICIPALITY, THE COUNTY,
10 AND THE AUTHORITY.
11 (5) AN AUTHORITY, A COUNTY, AND A MUNICIPALITY MAY,
12 CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION, ENTER INTO AN
13 INTERGOVERNMENTAL AGREEMENT TO FURTHER EFFECTUATE THE
14 PURPOSES OF THIS SECTION AND TO PROVIDE FOR THE INCLUSION OF
15 INCORPORATED TERRITORY IN A COUNTY REVITALIZATION AREA.
16 (6) THIS SECTION DOES NOT APPLY TO THE INCLUSION OF
17 TERRITORY IN A COUNTY REVITALIZATION AREA AS A RESULT OF
18 ANNEXATION.".
19
109 20 Page 70, line 19, strike "30-31-109 (11)(a)(I)," and substitute "30-31-
21 (13)(a)(I),".
22
23 Page 74, line 9, strike "30-31-109 (11)," and substitute "30-31-109 (13),".
24
109 25 Page 77, line 6, strike "30-31-109 (11)(a)," and substitute "30-31-
26 (13)(a),".
27
109 28 Page 77, line 11, strike "30-31-109 (11)(a)," and substitute "30-31-
29 (13)(a),".
30
109 31 Page 77, line 23, strike "30-31-109 (11)(a)," and substitute "30-31-
32 (13)(a),".
33
34 Page 77, lines 25 and 26, strike "30-31-109 (11)(a)(I)," and substitute
35 "30-31-109 (13)(a)(I),".
36
37 Strike "(3)" and substitute "(5)" on: Page 34, line 6; Page 35, lines 12 and
38 15; Page 36, lines 3, 8, 11, and 17; and Page 37, line 18.
39
22 40 Strike "(11)" and substitute "(13)" on: Page 43, line 10; Page 45, lines
41 and 25; Page 46, lines 5 and 23; Page 47, line 20; Page 49, line 26; Page
42 52, line 6; Page 69, line 26; and Page 78, line 5.
43
44 Strike "SPECIAL DISTRICT, OR SCHOOL DISTRICT" and substitute "OR
45 SPECIAL DISTRICT" on: Page 43, lines 15 and 16, 20 and 21, and 23; Page
46 44, line 2; and Page 48, lines 2 and 4.
47
48 Strike "(11)(a)" and substitute "(13)(a)" on: Page 46, lines 9, 12, and 17;
49 Page 48, lines 1, 7, and 27; Page 49, line 21 and 24; and Page 70, line 17.
50
51 Strike "(11)(a)(I)" and substitute "(13)(a)(I)" on: Page 42, line 1; Page
52 42, lines 16 and 22; Page 47, lines 9 and 15; and Page 77, line 9.
53
54 Strike "(11)(a)(II)" and substitute "(13)(a)(II)" on: Page 37, line 6,; Page
55 42, line 11; Page 43, line 19; Page 44, line 4, 21, and 24; Page 45, line
56 7 and 13; Page 47, line 11; and Page 77, line 9.
1 Strike "(13)(a)" and substitute "(15)(a)" on: Page 50, lines 5 and 9.
2
3 Strike "(9)(a)" and substitute "(11)(a)" on: Page 40, lines 7 and 16.
4
5