Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 372 First Substitute (2018GS)

Sponsor

Rep. Snow, V. L.

Final action

Governor Signed 3/21/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• creates the Point of the Mountain State Land Authority and provides for its purposes, authority, duties, and governance;
• requires the authority to plan, manage, and implement the development of point of the mountain state land;
• provides for the membership, authority, and responsibilities of a board to conduct the business and affairs of the authority;
• requires the authority to adopt a budget and imposes reporting and audit requirements; and
• provides for authority dissolution.

Every vote on this bill

Bill text

POINT OF THE MOUNTAIN STATE LAND AUTHORITY
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: V. Lowry Snow
Senate Sponsor: 
Jerry W. Stevenson
LONG TITLE
General Description:
This bill enacts provisions relating to the development of state land in the point of the
mountain area. 
Highlighted Provisions:
This bill:
▸ creates the Point of the Mountain State Land Authority and provides for its
purposes, authority, duties, and governance;
▸ requires the authority to plan, manage, and implement the development of point of
the mountain state land;
▸ provides for the membership, authority, and responsibilities of a board to conduct
the business and affairs of the authority;
▸ requires the authority to adopt a budget and imposes reporting and audit
requirements; and
▸ provides for authority dissolution. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
11-58-101
, Utah Code Annotated 1953
11-58-102
, Utah Code Annotated 1953
11-58-103
, Utah Code Annotated 1953
11-58-201
, Utah Code Annotated 1953
11-58-202
, Utah Code Annotated 1953
11-58-203
, Utah Code Annotated 1953
11-58-204
, Utah Code Annotated 1953
11-58-301
, Utah Code Annotated 1953
11-58-302
, Utah Code Annotated 1953
11-58-303
, Utah Code Annotated 1953
11-58-304
, Utah Code Annotated 1953
11-58-305
, Utah Code Annotated 1953
11-58-306
, Utah Code Annotated 1953
11-58-401
, Utah Code Annotated 1953
11-58-402
, Utah Code Annotated 1953
11-58-403
, Utah Code Annotated 1953
11-58-404
, Utah Code Annotated 1953
11-58-501
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
11-58-101
 is enacted to read:
CHAPTER 58. POINT OF THE MOUNTAIN STATE LAND AUTHORITY ACT 
Part 1. General Provisions
 11-58-101.
Title.
This chapter is known as the "Point of the Mountain State Land Authority Act."
Section 2. Section 
11-58-102
 is enacted to read:
 11-58-102.
Definitions.
As used in this chapter:
(1) "Authority" means the Point of the Mountain State Land Authority, created in
Section 
11-58-201
.
(2) "Board" means the authority's board, created in Section 
11-58-301
.
(3) "Development":
(a) means the construction, reconstruction, modification, expansion, or improvement of
a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or
other facility, including:
(i) the demolition or preservation or repurposing of a building, infrastructure, or other
facility;
(ii) surveying, testing, locating existing utilities and other infrastructure, and other
preliminary site work; and
(iii) any associated planning, design, engineering, and related activities; and
(b) includes all activities associated with:
(i) marketing and business recruiting activities and efforts;
(ii) leasing, or selling or otherwise disposing of, all or any part of the point of the
mountain state land; and
(iii) planning and funding for mass transit infrastructure to service the point of the
mountain state land.
(4) "New correctional facility" means the state correctional facility being developed in
Salt Lake City to replace the state correctional facility in Draper.
(5) "Point of the mountain state land" means the approximately 700 acres of
state-owned land in Draper, including land used for the operation of a state correctional facility
until completion of the new correctional facility and state-owned land in the vicinity of the
current state correctional facility.
Section 3. Section 
11-58-103
 is enacted to read:
 11-58-103.
Scope of chapter -- Limit on selling or leasing point of the mountain
state land -- No effect on prison operations.
(1) This chapter governs the management of the point of the mountain state land, and
the process of planning, managing, and implementing the development of the point of the
mountain state land:
(a) beginning May 8, 2018;
(b) subject to Subsection (3), during the transition period as prison operations on the
point of the mountain state land continue and eventually wind down in anticipation of the
relocation of prison operations to the new correctional facility; and
(c) upon and after the transfer of prison operations to the new correctional facility.
(2) No part of the point of the mountain state land may be sold or otherwise disposed
of or leased without the approval of the board.
(3) Nothing in this chapter may be construed to authorize the authority to:
(a) manage, oversee, or otherwise affect prison operations conducted on the point of
the mountain state land; or
(b) take an action that would impair or interfere with prison operations conducted on
the point of the mountain state land.
Section 4. Section 
11-58-201
 is enacted to read:
Part 2. Point of the Mountain State Land Authority 
 11-58-201.
Creation of Point of the Mountain State Land Authority -- Status and
duties of authority.
(1) There is created the Point of the Mountain State Land Authority.
(2) The authority is:
(a) an independent, nonprofit, separate body corporate and politic, with perpetual
succession, whose purpose is to facilitate the development of state land;
(b) a political subdivision of the state; and
(c) a public corporation, as defined in Section 
63E-1-102
.
(3) Subject to Subsection 
11-58-103
(3), the authority shall manage the point of the
mountain state land and shall plan, manage, and implement the development of the point of the
mountain state land:
(a) beginning May 8, 2018;
(b) during the transition period as prison operations on the point of the mountain state
land continue and eventually wind down in anticipation of the relocation of prison operations
to the new correctional facility; and
(c) upon and after the transfer of prison operations to the new correctional facility.
Section 5. Section 
11-58-202
 is enacted to read:
 11-58-202.
Authority powers.
The authority may:
(1) as provided in this chapter, plan, manage, and implement the development of the
point of the mountain state land, including the ongoing operation of facilities on the point of
the mountain state land;
(2) undertake, or engage a consultant to undertake, any study, effort, or activity the
board considers appropriate to assist or inform the board about any aspect of the proposed
development of the point of the mountain state land, including the best development model and
financial projections relevant to the authority's efforts to fulfill its duties and responsibilities
under this section and Section 
11-58-203
;
(3) sue and be sued;
(4) enter into contracts generally;
(5) buy, obtain an option upon, or otherwise acquire any interest in real or personal
property, as necessary to accomplish the duties and responsibilities of the authority, including
an interest in real property, apart from point of the mountain state land, or personal property,
outside point of the mountain state land, for publicly owned infrastructure and improvements,
if the board considers the purchase, option, or other interest acquisition to be necessary for
fulfilling the authority's development objectives;
(6) sell, convey, grant, dispose of by gift, or otherwise dispose of any interest in real or
personal property;
(7) enter into a lease agreement on real or personal property, either as lessee or lessor;
(8) provide for the development of the point of the mountain state land under one or
more contracts;
(9) exercise powers and perform functions under a contract, as authorized in the
contract;
(10) accept financial or other assistance from any public or private source for the
authority's activities, powers, and duties, and expend any funds so received for any of the
purposes of this chapter;
(11) borrow money, contract with, or accept financial or other assistance from the
federal government, a public entity, or any other source for any of the purposes of this chapter
and comply with any conditions of the loan, contract, or assistance;
(12) issue bonds to finance the undertaking of any development objectives of the
authority, including bonds under Title 11, Chapter 17, Utah Industrial Facilities and
Development Act, and bonds under Title 11, Chapter 42, Assessment Area Act;
(13) hire employees, including contract employees, in addition to or in place of staff
provided under Section 
11-58-304
;
(14) transact other business and exercise all other powers provided for in this chapter;
(15) enter into a development agreement with a developer of some or all of the point of
the mountain state land;
(16) provide for or finance an energy efficiency upgrade, a renewable energy system, or
electric vehicle charging infrastructure as defined in Section 
11-42-102
, in accordance with
Title 11, Chapter 42, Assessment Area Act;
(17) exercise powers and perform functions that the authority is authorized by statute
to exercise or perform;
(18) enter into one or more interlocal agreements under Title 11, Chapter 13, Interlocal
Cooperation Act, with one or more local government entities for the delivery of services to the
point of the mountain state land; and
(19) enter into an agreement with the federal government or an agency of the federal
government, as the board considers necessary or advisable, to enable or assist the authority to
exercise its powers or fulfill its duties and responsibilities under this chapter.
Section 6. Section 
11-58-203
 is enacted to read:
 11-58-203.
Authority duties and responsibilities.
(1) As the authority plans, manages, and implements the development of the point of
the mountain state land, the authority shall pursue development strategies and objectives
designed to:
(a) maximize the creation of high-quality jobs and encourage and facilitate a highly
trained workforce;
(b) ensure strategic residential and commercial growth;
(c) promote a high quality of life for residents on and surrounding the point of the
mountain state land, including strategic planning to facilitate:
(i) jobs close to where people live;
(ii) vibrant urban centers;
(iii) housing types that match workforce needs;
(iv) parks, connected trails, and open space, including the preservation of natural lands
to the extent practicable and consistent with the overall development plan; and
(v) preserving and enhancing recreational opportunities;
(d) complement the development on land in the vicinity of the point of the mountain
state land;
(e) improve air quality and minimize resource use; and
(f) accommodate and incorporate the planning, funding, and development of an
enhanced and expanded future transit and transportation infrastructure and other investments,
including:
(i) the acquisition of rights-of-way and property necessary to ensure transit access to
the point of the mountain state land; and
(ii) a world class mass transit infrastructure, to service the point of the mountain state
land and to enhance mobility and protect the environment.
(2) In planning the development of the point of the mountain state land, the authority
shall:
(a) consult with applicable governmental planning agencies, including:
(i) relevant metropolitan planning organizations; and
(ii) Draper City and Salt Lake County planning and governing bodies;
(b) research and explore the feasibility of attracting a nationally recognized research
center; and
(c) research and explore the appropriateness of including labor training centers and a
higher education presence on the point of the mountain state land.
Section 7. Section 
11-58-204
 is enacted to read:
 11-58-204.
Applicability of other law -- Coordination with municipality.
(1) The authority and the point of the mountain state land are not subject to:
(a) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act; or
(b) the jurisdiction of a local district under Title 17B, Limited Purpose Local
Government Entities - Local Districts, or a special service district under Title 17D, Chapter 1,
Special Service District Act, except to the extent that:
(i) some or all of the point of the mountain state land is, on May 8, 2018, included
within the boundary of a local district or special service district; and
(ii) the authority elects to receive service from the local district or special service
district for the point of the mountain state land that is included within the boundary of the local
district or special service district, respectively.
(2) In formulating and implementing a development plan for the point of the mountain
state land, the authority shall consult with officials of the municipality within which the point
of the mountain state land is located on planning and zoning matters.
(3) The authority is subject to and governed by Sections 
63E-2-106
, 
63E-2-107
,
63E-2-108
, 
63E-2-109
, 
63E-2-110
, and 
63E-2-111
, but is not otherwise subject to or governed
by Title 63E, Independent Entities Code.
(4) Nothing in this chapter may be construed to remove the point of the mountain state
land from the service area of the municipality in which the point of the mountain state land is
located, for purposes of water, sewer, and other similar municipal services currently being
provided.
Section 8. Section 
11-58-301
 is enacted to read:
Part 3. Authority Board 
 11-58-301.
Authority board -- Delegation of power.
(1) The authority shall be governed by a board, which shall manage and conduct the
business and affairs of the authority and shall determine all questions of authority policy.
(2) All powers of the authority are exercised through the board.
(3) The board may by resolution delegate powers to authority staff.
Section 9. Section 
11-58-302
 is enacted to read:
 11-58-302.
Number of board members -- Appointment -- Vacancies -- Chairs.
(1) The board shall consist of 11 members as provided in Subsection (2).
(2) (a) The president of the Senate shall appoint two members of the Senate to serve as
members of the board.
(b) The speaker of the House of Representatives shall appoint two members of the
House of Representatives to serve as members of the board.
(c) The governor shall appoint four individuals to serve as members of the board:
(i) one of whom shall be a member of the board of or employed by the Governor's
Office of Economic Development, created in Section 
63N-1-201
; and
(ii) one of whom shall be an employee of the Division of Facilities Construction and
Management, created in Section 
63A-5-201
.
(d) The Salt Lake County mayor shall appoint one board member, who shall be an
elected Salt Lake County government official.
(e) The mayor of Draper, or a member of the Draper city council that the mayor
designates, shall serve as a board member.
(f) The commissioner of higher education, appointed under Section 
53B-1-105
, or the
commissioner's designee, shall serve as a board member.
(3) (a) (i) Subject to Subsection (3)(a)(ii), a vacancy on the board shall be filled in the
same manner under this section as the appointment of the member whose vacancy is being
filled.
(ii) If the mayor of Draper or commissioner of higher education is removed as a board
member under Subsection (5), the mayor of Draper or commissioner of higher education, as the
case may be, shall designate an individual to serve as a member of the board, as provided in
Subsection (2)(e) or (f), respectively.
(b) Each person appointed or designated to fill a vacancy shall serve the remaining
unexpired term of the member whose vacancy the person is filling.
(4) A member of the board appointed by the governor, president of the Senate, or
speaker of the House of Representatives serves at the pleasure of and may be removed and
replaced at any time, with or without cause, by the governor, president of the Senate, or speaker
of the House of Representatives, respectively.
(5) A member of the board may be removed by a vote of two-thirds of all members of
the board.
(6) (a) The governor shall appoint one board member to serve as cochair of the board.
(b) The president of the Senate and speaker of the House of Representatives shall
jointly appoint one legislative member of the board to serve as cochair of the board.
Section 10. Section 
11-58-303
 is enacted to read:
 11-58-303.
Term of board members -- Quorum requirements -- Compensation.
(1) The term of each board member appointed under Subsection 
11-58-302
(2)(a), (b),
(c), or (d) is four years, except that the initial term of half of the members appointed under
Subsections 
11-58-302
(2)(a), (b), and (c) is two years.
(2) Each board member shall serve until a successor is duly appointed and qualified.
(3) A majority of board members constitutes a quorum, and, except as provided in
Subsection 
11-58-302
(5), the action of a majority of a quorum constitutes the action of the
board.
(4) (a) A board member who is not a legislator may not receive compensation or
benefits for the member's service on the board, but may receive per diem and expense
reimbursement for travel expenses incurred as a board member as allowed in:
(i) Sections 
63A-3-106
 and 
63A-3-107
; and
(ii) rules made by the Division of Finance according to Sections 
63A-3-106
 and
63A-3-107
.
(b) Compensation and expenses of a board member who is a legislator are governed by
Section 
36-2-2
 and Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.
Section 11. Section 
11-58-304
 is enacted to read:
 11-58-304.
Staff and other support services -- Cooperation from state and local
government entities.
(1) As used in this section:
(a) "Division" means the Division of Facilities Construction and Management, created
in Section 
63A-5-201
.
(b) "Office" means the Governor's Office of Economic Development, created in
Section 
63N-1-201
.
(2) If and as requested by the board:
(a) the division shall:
(i) provide staff support to the board; and
(ii) make available to the board existing division resources and expertise to assist the
board in the development, marketing, and disposition of the point of the mountain state land;
and
(b) the office shall cooperate with and provide assistance to the board in the board's:
(i) formulation of a development plan for the point of the mountain state land; and
(ii) management and implementation of a development plan, including the marketing
of property and recruitment of businesses and others to locate on the point of the mountain
state land.
(3) A department, division, or other agency of the state and a political subdivision of
the state shall cooperate with the authority and the board to the fullest extent possible to
provide whatever support, information, or other assistance the board requests that is reasonably
necessary to help the authority fulfill its duties and responsibilities under this chapter.
Section 12. Section 
11-58-305
 is enacted to read:
 11-58-305.
Considering recommendations of the Point of the Mountain
Development Commission -- Board recommendations on financing.
(1) In fulfilling its responsibilities under this chapter and in accomplishing the
purposes of the authority under this chapter, the board shall:
(a) consider the recommendations of the Point of the Mountain Development
Commission, created in Section 
63C-17-103
; and
(b) to the extent the board determines practicable, plan, manage, and implement the
development of the point of the mountain state land consistent with those recommendations.
(2) Before November 30, 2018, the board shall make recommendations to the
Legislative Management Committee of the Legislature concerning potential revenue sources
for the development of the point of the mountain state land.
Section 13. Section 
11-58-306
 is enacted to read:
 11-58-306.
Limitations on board members.
(1) As used in this section:
(a) "Direct financial benefit":
(i) means any form of financial benefit that accrues to an individual directly as a result
of the development of the point of the mountain state land, including:
(A) compensation, commission, or any other form of a payment or increase of money;
and
(B) an increase in the value of a business or property; and
(ii) does not include a financial benefit that accrues to the public generally as a result of
the development of the point of the mountain state land.
(b) "Family member" means a parent, spouse, sibling, child, or grandchild.
(c) "Interest in real property" means every type of real property interest, whether
recorded or unrecorded, including:
(i) a legal or equitable interest;
(ii) an option on real property;
(iii) an interest under a contract;
(iv) fee simple ownership;
(v) ownership as a tenant in common or in joint tenancy or another joint ownership
arrangement;
(vi) ownership through a partnership, limited liability company, or corporation that
holds title to a real property interest in the name of the partnership, limited liability company,
or corporation;
(vii) leasehold interest; and
(viii) any other real property interest that is capable of being owned.
(2) An individual may not serve as a member of the board if:
(a) the individual owns an interest in real property, other than a personal residence in
which the individual resides, within five miles of the point of the mountain state land;
(b) a family member of the individual owns an interest in real property, other than a
personal residence in which the family member resides, located within one-half mile of the
point of the mountain state land; or
(c) the individual or a family member of the individual owns an interest in, is directly
affiliated with, or is an employee or officer of a firm, company, or other entity that the
individual reasonably believes is likely to participate in or receive compensation or other direct
financial benefit from the development of the point of the mountain state land.
(3) Before taking office as a board member, an individual shall submit to the authority
a statement verifying that the individual's service as a board member does not violate
Subsection (2).
(4) A board member may not, at any time during the board member's service on the
board, take any action to initiate, negotiate, or otherwise arrange for the acquisition of an
interest in real property located within five miles of the point of the mountain state land.
(5) (a) The board may not allow a firm, company, or other entity to participate in
planning, managing, or implementing the development of the point of the mountain state land
if a board member or a family member of a board member owns an interest in, is directly
affiliated with, or is an employee or officer of the firm, company, or other entity.
(b) Before allowing a firm, company, or other entity to participate in planning,
managing, or implementing the development of the point of the mountain state land, the board
may require the firm, company, or other entity to certify that no board member or family
member of a board member owns an interest in, is directly affiliated with, or is an employee or
officer of the firm, company, or other entity.
Section 14. Section 
11-58-401
 is enacted to read:
Part 4. Authority Budget and Reporting Requirements 
 11-58-401.
Annual authority budget -- Fiscal year -- Public hearing and notice
required -- Auditor forms.
(1) The authority shall prepare and its board adopt an annual budget of revenues and
expenditures for the authority for each fiscal year.
(2) Each annual authority budget shall be adopted before June 22.
(3) The authority's fiscal year shall be the period from July 1 to the following June 30.
(4) (a) Before adopting an annual budget, the authority board shall hold a public
hearing on the annual budget.
(b) The authority shall provide notice of the public hearing on the annual budget by
publishing notice:
(i) at least once in a newspaper of general circulation within the state, one week before
the public hearing; and
(ii) on the Utah Public Notice Website created in Section 
63F-1-701
, for at least one
week immediately before the public hearing.
(c) The authority shall make the annual budget available for public inspection at least
three days before the date of the public hearing.
(5) The state auditor shall prescribe the budget forms and the categories to be contained
in each authority budget, including:
(a) revenues and expenditures for the budget year;
(b) legal fees; and
(c) administrative costs, including rent, supplies, and other materials, and salaries of
authority personnel.
Section 15. Section 
11-58-402
 is enacted to read:
 11-58-402.
Amending the authority annual budget.
(1) The authority board may by resolution amend an annual authority budget.
(2) An amendment of the annual authority budget that would increase the total
expenditures may be made only after public hearing by notice published as required for initial
adoption of the annual budget.
(3) The authority may not make expenditures in excess of the total expenditures
established in the annual budget as it is adopted or amended.
Section 16. Section 
11-58-403
 is enacted to read:
 11-58-403.
Audit requirements.
The authority shall comply with the audit requirements of Title 51, Chapter 2a,
Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local
Entities Act.
Section 17. Section 
11-58-404
 is enacted to read:
 11-58-404.
Authority chief financial officer is a public treasurer -- Certain
authority funds are public funds.
(1) The authority's chief financial officer:
(a) is a public treasurer, as defined in Section 
51-7-3
; and
(b) shall invest the authority funds specified in Subsection (2) as provided in that
subsection.
(2) Notwithstanding Subsection 
63E-2-110
(2)(a), appropriations that the authority
receives from the state:
(a) are public funds; and
(b) shall be invested as provided in Title 51, Chapter 7, State Money Management Act.
Section 18. Section 
11-58-501
 is enacted to read:
Part 5. Authority Dissolution 
 11-58-501.
Dissolution of authority -- Restrictions -- Publishing notice of
dissolution -- Authority records -- Dissolution expenses.
(1) The authority may not be dissolved unless:
(a) the authority board first receives approval from the Legislative Management
Committee of the Legislature to dissolve the authority; and
(b) the authority has no outstanding bonded indebtedness, other unpaid loans,
indebtedness, or advances, and no legally binding contractual obligations with persons or
entities other than the state.
(2) To dissolve the authority, the board shall:
(a) obtain the approval of the Legislative Management Committee of the Legislature;
and
(b) adopt a resolution dissolving the authority, to become effective as provided in the
resolution.
(3) Upon the dissolution of the authority:
(a) the Governor's Office of Economic Development shall publish a notice of
dissolution:
(i) in a newspaper of general circulation in the county in which the dissolved authority
is located; and
(ii) as required in Section 
45-1-101
; and
(b) all title to property owned by the authority vests in the Division of Facilities
Construction and Management, created in Section 
63A-5-201
, for the benefit of the state.
(4) The board shall deposit all books, documents, records, papers, and seal of the
dissolved authority with the state auditor for safekeeping and reference.
(5) The authority shall pay all expenses of the deactivation and dissolution.