Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 253 First Substitute (2018GS)

Sponsor

Rep. Snow, V. L.

Final action

Governor Signed 2/21/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that the School and Institutional Trust Lands Administration is exempt from a portion of Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
• states that the director of the School and Institutional Trust Lands Administration may make determinations regarding the management, protection, and conservation of plant species proposed for designation as endangered or threatened under the Endangered Species Act of 1973;
• modifies the procedure for the sale of trust lands; and
• makes technical changes.

Every vote on this bill

Bill text

TRUST LANDS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: V. Lowry Snow
Senate Sponsor: 
Margaret Dayton
LONG TITLE
General Description:
This bill deals with school and institutional trusts lands.
Highlighted Provisions:
This bill:
▸ provides that the School and Institutional Trust Lands Administration is exempt
from a portion of Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
▸ states that the director of the School and Institutional Trust Lands Administration
may make determinations regarding the management, protection, and conservation
of plant species proposed for designation as endangered or threatened under the
Endangered Species Act of 1973;
▸ modifies the procedure for the sale of trust lands; 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:
53C-1-201
, as last amended by Laws of Utah 2016, Chapter 193
53C-2-202
, as enacted by Laws of Utah 1994, Chapter 294
53C-4-102
, as last amended by Laws of Utah 2011, Chapter 247
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
(5),
 (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 Office 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 3a,
Utah Revised Uniform Limited Liability Company Act, as appropriate pursuant to Section
48-3a-1405
 and is considered a person under 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
.
Section 2. Section 
53C-2-202
 is amended to read:
53C-2-202.
Endangered and threatened plant species.
The director may make determinations concerning the management, protection, and
conservation of plant species officially designated as endangered or threatened
, or proposed for
designation as endangered or threatened,
 under the federal Endangered Species Act of 1973, as
amended, on trust lands.
Section 3. Section 
53C-4-102
 is amended to read:
53C-4-102.
Sale of trust lands -- Fair market value -- Determination of sale --
Advertising proposed sales -- Sale procedures -- Defaults.
(1) Trust lands may not be sold for less than the fair market value.
(2) (a) The director shall determine whether disposal or retention of all or a portion of a
property interest in trust lands is in the best interest of the trust.
(b) When it is determined that the disposal of an interest in trust lands is in the best
interest of the applicable trust, the transaction shall be accomplished in an orderly and timely
manner.
(3) The director shall advertise any proposed sale, lease, or exchange of an interest in
trust lands in a reasonable manner consistent with the director's fiduciary responsibilities.
(4) (a) Any tract of trust land may be subdivided and sold, leased, or exchanged in
accordance with a plan, contract, or other action designating the land to be subdivided that is
approved by the director.
(b) The director may survey the tract and direct its subdivision.
(c) A plat of the survey shall be filed with the county recorder of the county in which
the land is located and with the administration.
(5) Sale conditions, including qualification of prospective purchasers, shall be in
accordance with accepted mortgage lending and real estate practices.
(6) Upon the sale of land, the director shall issue to the purchaser a certificate of sale
which describes the land purchased and states the amount paid, the amount due, and the time
when the principal and interest will become due.
(7) Upon payment in full of principal and interest [
and the surrender of the original
certificate of sale for any tract of land sold
], payment in full of any amounts required to be paid
for the partial release of property, or acceptance of appropriate conveyance documents in
satisfaction of a land exchange, the governor, or the governor's designee, shall issue a patent to
the purchaser, heir, assignee, successor in interest, or other grantee as determined by the
director.
(8) (a) If a purchaser of trust lands defaults in the payment of any installment of
principal or interest due under the terms of the contract of sale, the director shall notify the
purchaser that if the default is not corrected within 30 days after issuance of the notice the
director shall proceed with any remedy which the administration may pursue under law or the
contract of sale.
(b) The notice shall be sent by registered or certified mail to the purchaser at the latest
address as shown by the records of the administration.
(c) If the default is not corrected by compliance with the requirements of the notice of
default within the time provided by the notice, the director may pursue any available remedy
under the contract of sale, including forfeiture.
(d) If forfeited lands are sold again to the same purchaser, the sale may be made by a
new and independent contract without regard to the forfeited agreement.
Section 4. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.