Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 41 (2015GS)

Sponsor

Sen. Weiler, T.

Final action

Governor Signed 3/26/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• repeals the Utah Science Center Authority, an independent state agency; and
• makes technical changes.

Every vote on this bill

Bill text

UTAH SCIENCE CENTER AUTHORITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: 
 Kraig Powell
LONG TITLE
General Description:
This bill modifies the Independent State Entities title and related provisions by
repealing the Utah Science Center Authority.
Highlighted Provisions:
This bill:
▸ repeals the Utah Science Center Authority, an independent state agency; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
63E-1-102
, as last amended by Laws of Utah 2014, Chapters 320, 426, and 426
63I-4a-102
, as last amended by Laws of Utah 2014, Chapter 320
63J-7-102
, as last amended by Laws of Utah 2014, Chapter 320
REPEALS:
63H-3-101
, as renumbered and amended by Laws of Utah 2011, Chapter 370
63H-3-102
, as renumbered and amended by Laws of Utah 2011, Chapter 370
63H-3-103
, as last amended by Laws of Utah 2012, Chapter 212
63H-3-104
, as renumbered and amended by Laws of Utah 2011, Chapter 370
63H-3-105
, as renumbered and amended by Laws of Utah 2011, Chapter 370
63H-3-106
, as renumbered and amended by Laws of Utah 2011, Chapter 370
63H-3-107
, as renumbered and amended by Laws of Utah 2011, Chapter 370
63H-3-108
, as renumbered and amended by Laws of Utah 2011, Chapter 370
63H-3-109
, as last amended by Laws of Utah 2012, Chapter 347
63H-3-110
, as renumbered and amended by Laws of Utah 2011, Chapter 370
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63E-1-102
 is amended to read:
63E-1-102.
Definitions -- List of independent entities.
As used in this title:
(1) "Authorizing statute" means the statute creating an entity as an independent entity.
(2) "Committee" means the Retirement and Independent Entities Committee created by
Section 
63E-1-201
.
(3) "Independent corporation" means a corporation incorporated in accordance with
Chapter 2, Independent Corporations Act.
(4) (a) "Independent entity" means an entity having a public purpose relating to the
state or its citizens that is individually created by the state or is given by the state the right to
exist and conduct its affairs as an:
(i) independent state agency; or
(ii) independent corporation.
(b) "Independent entity" includes the:
(i) Utah Dairy Commission created by Section 
4-22-2
;
(ii) Heber Valley Historic Railroad Authority created by Section 
63H-4-102
;
(iii) Utah State Railroad Museum Authority created by Section 
63H-5-102
;
[
(iv) Utah Science Center Authority created by Section 
63H-3-103
;
]
[
(v)
] 
(iv)
 Utah Housing Corporation created by Section 
35A-8-704
;
[
(vi)
] 
(v)
 Utah State Fair Corporation created by Section 
63H-6-103
;
[
(vii)
] 
(vi)
 Workers' Compensation Fund created by Section 
31A-33-102
;
[
(viii)
] 
(vii)
 Utah State Retirement Office created by Section 
49-11-201
;
[
(ix)
] 
(viii)
 School and Institutional Trust Lands Administration created by Section
53C-1-201
;
[
(x)
] 
(ix)
 School and Institutional Trust Fund Office created by Section 
53D-1-201
;
[
(xi)
] 
(x)
 Utah Communications Authority created [
in
] 
by
 Section 
63H-7-201
;
[
(xii)
] 
(xi)
 Utah Energy Infrastructure Authority created by Section 
63H-2-201
;
[
(xiii)
] 
(xii)
 Utah Capital Investment Corporation created by Section 
63M-1-1207
; and
[
(xiv)
] 
(xiii)
 Military Installation Development Authority created by Section
63H-1-201
.
(c) Notwithstanding this Subsection (4), "independent entity" does not include:
(i) the Public Service Commission of Utah created by Section 
54-1-1
;
(ii) an institution within the state system of higher education;
(iii) a city, county, or town;
(iv) a local school district;
(v) a local district under Title 17B, Limited Purpose Local Government Entities - Local
Districts; or
(vi) a special service district under Title 17D, Chapter 1, Special Service District Act.
(5) "Independent state agency" means an entity that is created by the state, but is
independent of the governor's direct supervisory control.
(6) "Money held in trust" means money maintained for the benefit of:
(a) one or more private individuals, including public employees;
(b) one or more public or private entities; or
(c) the owners of a quasi-public corporation.
(7) "Public corporation" means an artificial person, public in ownership, individually
created by the state as a body politic and corporate for the administration of a public purpose
relating to the state or its citizens.
(8) "Quasi-public corporation" means an artificial person, private in ownership,
individually created as a corporation by the state
,
 which has accepted from the state the grant of
a franchise or contract involving the performance of a public purpose relating to the state or its
citizens.
Section 2. Section 
63I-4a-102
 is amended to read:
63I-4a-102.
Definitions.
(1) (a) "Activity" means to provide a good or service.
(b) "Activity" includes to:
(i) manufacture a good or service;
(ii) process a good or service;
(iii) sell a good or service;
(iv) offer for sale a good or service;
(v) rent a good or service;
(vi) lease a good or service;
(vii) deliver a good or service;
(viii) distribute a good or service; or
(ix) advertise a good or service.
(2) (a) Except as provided in Subsection (2)(b), "agency" means:
(i) the state; or
(ii) an entity of the state including a department, office, division, authority,
commission, or board.
(b) "Agency" does not include:
(i) the Legislature;
(ii) an entity or agency of the Legislature;
(iii) the state auditor;
(iv) the state treasurer;
(v) the Office of the Attorney General;
(vi) the 
Utah
 Dairy Commission created in [
Title 4, Chapter 22, Dairy Promotion Act
]
Section 
4-22-2
;
[
(vii) the Utah Science Center Authority created in Title 63H, Chapter 3, Utah Science
Center Authority;
]
[
(viii)
] 
(vii)
 the Heber Valley 
Historic
 Railroad Authority created in [
Title 63H,
Chapter 4, Heber Valley Historic Railroad Authority
] 
Section 
63H-4-102
;
[
(ix)
] 
(viii)
 the Utah State Railroad Museum Authority created in [
Title 63H, Chapter
5, Utah State Railroad Museum Authority
] 
Section 
63H-5-102
;
[
(x)
] 
(ix)
 the Utah Housing Corporation created in [
Title 35A, Chapter 8, Part 7, Utah
Housing Corporation Act
] 
Section 
35A-8-704
;
[
(xi)
] 
(x)
 the Utah State Fair Corporation created in [
Title 63H, Chapter 6, Utah State
Fair Corporation Act
] 
Section 
63H-6-103
;
[
(xii)
] 
(xi)
 the Workers' Compensation Fund created in [
Title 31A, Chapter 33,
Workers' Compensation Fund
] 
Section 
31A-33-102
;
[
(xiii)
] 
(xii)
 the Utah State Retirement Office created in [
Title 49, Chapter 11, Utah
State Retirement Systems Administration
] 
Section 
49-11-201
;
[
(xiv)
] 
(xiii)
 a charter school chartered by the State Charter School Board or a board of
trustees of a higher education institution under Title 53A, Chapter 1a, Part 5, The Utah Charter
Schools Act;
[
(xv)
] 
(xiv)
 the Utah Schools for the Deaf and the Blind created in Title 53A, Chapter
25b, Utah Schools for the Deaf and the Blind;
[
(xvi)
] 
(xv)
 an institution of higher education as defined in Section 
53B-3-102
;
[
(xvii)
] 
(xvi)
 the School and Institutional Trust Lands Administration created in [
Title
53C, Chapter 1, Part 2, School and Institutional Trust Lands Administration
] 
Section
53C-1-201
;
[
(xviii)
] 
(xvii)
 the Utah Communications Authority created in [
Title 63H, Chapter 7,
Utah Communications Authority Act
] 
Section 
63H-7-201
; or
[
(xix)
] 
(xviii)
 the Utah Capital Investment Corporation created in [
Title 63M, Chapter
1, Part 12, Utah Venture Capital Enhancement Act
] 
Section 
63M-1-1207
.
(3) "Agency head" means the chief administrative officer of an agency.
(4) "Board" means the Free Market Protection and Privatization Board created in
Section 
63I-4a-202
.
(5) "Commercial activity" means to engage in an activity that can be obtained in whole
or in part from a private enterprise.
(6) "Local entity" means:
(a) a political subdivision of the state, including a:
(i) county;
(ii) city;
(iii) town;
(iv) local school district;
(v) local district; or
(vi) special service district;
(b) an agency of an entity described in this Subsection (6), including a department,
office, division, authority, commission, or board; or
(c) an entity created by an interlocal cooperative agreement under Title 11, Chapter 13,
Interlocal Cooperation Act, between two or more entities described in this Subsection (6).
(7) "Private enterprise" means a person that engages in an activity for profit.
(8) "Privatize" means that an activity engaged in by an agency is transferred so that a
private enterprise engages in the activity, including a transfer by:
(a) contract;
(b) transfer of property; or
(c) another arrangement.
(9) "Special district" means:
(a) a local district, as defined in Section 
17B-1-102
;
(b) a special service district, as defined in Section 
17D-1-102
; or
(c) a conservation district, as defined in Section 
17D-3-102
.
Section 3. Section 
63J-7-102
 is amended to read:
63J-7-102.
Scope and applicability of chapter.
(1) Except as provided in Subsection (2), and except as otherwise provided by a statute
superseding provisions of this chapter by explicit reference to this chapter, the provisions of
this chapter apply to each agency and govern each grant received on or after May 5, 2008.
(2) This chapter does not govern:
(a) a grant deposited into a General Fund restricted account;
(b) a grant deposited into a Trust and Agency Fund as defined in Section 
51-5-4
;
(c) a grant deposited into an Enterprise Fund as defined in Section 
51-5-4
;
(d) a grant made to the state without a restriction or other designated purpose that is
deposited into the General Fund as free revenue;
(e) a grant made to the state that is restricted only to "education" and that is deposited
into the Education Fund or Uniform School Fund as free revenue;
(f) in-kind donations;
(g) a tax, fees, penalty, fine, surcharge, money judgment, or other money due the state
when required by state law or application of state law;
(h) a contribution made under Title 59, Chapter 10, Part 13, Individual Income Tax
Contribution Act;
(i) a grant received by an agency from another agency or political subdivision;
(j) a grant to the 
Utah
 Dairy Commission created in [
Title 4, Chapter 22, Dairy
Promotion Act
] 
Section 
4-22-2
;
[
(k) a grant to the Utah Science Center Authority created in Title 63H, Chapter 3, Utah
Science Center Authority;
]
[
(l)
] 
(k)
 a grant to the Heber Valley 
Historic
 Railroad Authority created in [
Title 63H,
Chapter 4, Heber Valley Historic Railroad Authority
] 
Section 
63H-4-102
;
[
(m)
] 
(l)
 a grant to the Utah State Railroad Museum Authority created in [
Title 63H,
Chapter 5, Utah State Railroad Museum Authority
] 
Section 
63H-5-102
;
[
(n)
] 
(m)
 a grant to the Utah Housing Corporation created in [
Title 35A, Chapter 8,
Part 7, Utah Housing Corporation Act
] 
Section 
35A-8-704
;
[
(o)
] 
(n)
 a grant to the Utah State Fair Corporation created in [
Title 63H, Chapter 6,
Utah State Fair Corporation Act
] 
Section 
63H-6-103
;
[
(p)
] 
(o)
 a grant to the Workers' Compensation Fund created in [
Title 31A, Chapter 33,
Workers' Compensation Fund
] 
Section 
31A-33-102
;
[
(q)
] 
(p)
 a grant to the Utah State Retirement Office created in [
Title 49, Chapter 11,
Utah State Retirement Systems Administration
] 
Section 
49-11-201
;
[
(r)
] 
(q)
 a grant to the School and Institutional Trust Lands Administration created in
[
Title 53C, Chapter 1, Part 2, School and Institutional Trust Lands Administration
] 
Section
53C-1-201
;
[
(s)
] 
(r)
 a grant to the Utah Communications Authority created in [
Title 63H, Chapter
7, Utah Communications Authority Act
] 
Section 
63H-7-201
;
[
(t)
] 
(s)
 a grant to the Medical Education Program created in Section 
53B-24-202
;
[
(u)
] 
(t)
 a grant to the Utah Capital Investment Corporation created in [
Title 63M,
Chapter 1, Part 12, Utah Venture Capital Enhancement Act
] 
Section 
63M-1-1207
;
[
(v)
] 
(u)
 a grant to the Utah Charter School Finance Authority created in Section
53A-20b-103
;
[
(w)
] 
(v)
 a grant to the State Building Ownership Authority created in Section
63B-1-304
;
[
(x)
] 
(w)
 a grant to the Utah Comprehensive Health Insurance Pool created in Section
31A-29-104
; or
[
(y)
] 
(x)
 a grant to the Military Installation Development Authority created in Section
63H-1-201
.
(3) An agency need not seek legislative review or approval of grants under Part 2,
Grant Approval Requirements, if:
(a) the governor has declared a state of emergency; and
(b) the grant is donated to the agency to assist victims of the state of emergency under
Subsection 
53-2a-204
(1).
Section 4. 
Repealer.
This bill repeals:
Section 
63H-3-101
,
Short title.
Section 
63H-3-102
,
Legislative findings -- State purpose.
Section 
63H-3-103
,
Creation -- Members -- Chair -- Powers -- Quorum -- Per diem
and expenses.
Section 
63H-3-104
,
Executive director -- Powers and duties.
Section 
63H-3-105
,
Member or employee -- Disclosure of interest.
Section 
63H-3-106
,
Officer or employee -- No forfeiture of office or employment.
Section 
63H-3-107
,
Authority -- Powers.
Section 
63H-3-108
,
Actions on validity or enforceability of bonds -- Time for
bringing action.
Section 
63H-3-109
,
Relation to certain acts.
Section 
63H-3-110
,
Sales tax exemption.
Section 5. 
Effective date.
This bill takes effect on July 1, 2015.
Legislative Review Note
 as of 12-3-14 11:19 AM
Office of Legislative Research and General Counsel