Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 349 (2015GS)

Sponsor

Rep. Brown, M.

Final action

Governor Signed 3/25/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• authorizes the School and Institutional Trust Lands Administration to transfer money from one line item of appropriation to another line item, under certain circumstances; and
• makes technical changes.

Every vote on this bill

Bill text

SCHOOL AND INSTITUTIONAL TRUST LANDS BUDGET
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Melvin R. Brown
Senate Sponsor: 
Lyle W. Hillyard
LONG TITLE
General Description:
This bill addresses appropriation issues with the School and Institutional Trust Lands
Administration.
Highlighted Provisions:
This bill:
▸ authorizes the School and Institutional Trust Lands Administration to transfer
money from one line item of appropriation to another line item, under certain
circumstances; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53C-1-201
, as last amended by Laws of Utah 2014, Chapter 426
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53C-1-201
 is amended to read:
53C-1-201.
Creation of administration -- Purpose -- Director -- Participation in
Risk Management Fund.
(1) (a) There is established within state government the School and Institutional Trust
Lands Administration.
(b) The administration shall manage all school and institutional trust lands and assets
within the state, except as otherwise provided in Title 53C, Chapter 3, Deposit and Allocation
of Revenue from Trust Lands, and Title 53D, Chapter 1, School and Institutional Trust Fund
Management Act.
(2) The administration is an independent state agency and not a division of any other
department.
(3) (a) It is subject to the usual legislative and executive department controls except as
provided in this Subsection (3).
(b) (i) The director may make rules as approved by the board that allow the
administration to classify a business proposal submitted to the administration as protected
under Section 
63G-2-305
, for as long as is necessary to evaluate the proposal.
(ii) The administration shall return the proposal to the party who submitted the
proposal, and incur no further duties under Title 63G, Chapter 2, Government Records Access
and Management Act, if the administration determines not to proceed with the proposal.
(iii) The administration shall classify the proposal pursuant to law if it decides to
proceed with the proposal.
(iv) Section 
63G-2-403
 does not apply during the review period.
(c) The director shall make rules in compliance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, except that the administration is not subject to Subsections
63G-3-301
(6) and (7) and Section 
63G-3-601
, and the director, with the board's approval, may
establish a procedure for the expedited approval of rules, based on written findings by the
director showing:
(i) the changes in business opportunities affecting the assets of the trust;
(ii) the specific business opportunity arising out of those changes which may be lost
without the rule or changes to the rule;
(iii) the reasons the normal procedures under Section 
63G-3-301
 cannot be met without
causing the loss of the specific opportunity;
(iv) approval by at least five board members; and
(v) that the director has filed a copy of the rule and a rule analysis, stating the specific
reasons and justifications for its findings, with the Division of Administrative Rules and
notified interested parties as provided in Subsection 
63G-3-301
(10).
(d) (i) The administration shall comply with Title 67, Chapter 19, Utah State Personnel
Management Act, except as provided in this Subsection (3)(d).
(ii) The board may approve, upon recommendation of the director, that exemption for
specific positions under Subsections 
67-19-12
(2) and 
67-19-15
(1) is required in order to enable
the administration to efficiently fulfill its responsibilities under the law. The director shall
consult with the executive director of the Department of Human Resource Management prior
to making such a recommendation.
(iii) The positions of director, deputy director, associate director, assistant director,
legal counsel appointed under Section 
53C-1-305
, administrative assistant, and public affairs
officer are exempt under Subsections 
67-19-12
(2) and 
67-19-15
(1).
(iv) Salaries for exempted positions, except for the director, shall be set by the director,
after consultation with the executive director of the Department of Human Resource
Management, within ranges approved by the board. The board and director shall consider
salaries for similar positions in private enterprise and other public employment when setting
salary ranges.
(v) The board may create an annual incentive and bonus plan for the director and other
administration employees designated by the board, based upon the attainment of financial
performance goals and other measurable criteria defined and budgeted in advance by the board.
(e) The administration shall comply with Title 63G, Chapter 6a, Utah Procurement
Code, except where the board approves, upon recommendation of the director, exemption from
the Utah Procurement Code, and simultaneous adoption of rules under Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, for procurement, which enable the administration to
efficiently fulfill its responsibilities under the law.
(f) (i) Except as provided in Subsection (3)(f)(ii), the administration is not subject to
the fee agency requirements of Section 
63J-1-504
.
(ii) The following fees of the administration are subject to the requirements of Section
63J-1-504
: application, assignment, amendment, affidavit for lost documents, name change,
reinstatement, grazing nonuse, extension of time, partial conveyance, patent reissue, collateral
assignment, electronic payment, and processing.
(g) (i) The administration is not subject to Subsection 
63J-1-206
(3)(f).
(ii) Before transferring appropriated funds between line items, the administration shall
submit a proposal to the board for its approval.
(iii) If the board gives approval to a proposal to transfer appropriated funds between
line items, the administration shall submit the proposal to the Legislative Executive
Appropriations Committee for its review and recommendations.
(iv) The Legislative Executive Appropriations Committee may recommend:
(A) that the administration transfer the appropriated funds between line items;
(B) that the administration not transfer the appropriated funds between line items; or
(C) to the governor that the governor call a special session of the Legislature to
supplement the appropriated budget for the administration.
(4) The administration is managed by a director of school and institutional trust lands
appointed by a majority vote of the board of trustees with the consent of the governor.
(5) (a) The board of trustees shall provide policies for the management of the
administration and for the management of trust lands and assets.
(b) The board shall provide policies for the ownership and control of Native American
remains that are discovered or excavated on school and institutional trust lands in consultation
with the Division of Indian Affairs and giving due consideration to Title 9, Chapter 9, Part 4,
Native American Grave Protection and Repatriation Act. The director may make rules in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement
policies provided by the board regarding Native American remains.
(6) In connection with joint ventures and other transactions involving trust lands and
minerals approved under Sections 
53C-1-303
 and 
53C-2-401
, the administration, with board
approval, may become a member of a limited liability company under Title 48, Chapter 2c,
Utah Revised Limited Liability Company Act, or Title 48, Chapter 3a, Utah Revised Uniform
Limited Liability Company Act, as appropriate pursuant to Section 
48-3a-1405
 and is
considered a person under Section 
48-2c-102
 or Section 
48-3a-102
.
(7) Subject to the requirements of Subsection 
63E-1-304
(2), the administration may
participate in coverage under the Risk Management Fund created by Section 
63A-4-201
.