Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 83 Second Substitute (2018GS)

Sponsor

Sen. Dayton, M.

Final action

Governor Signed 3/21/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires a municipality to provide notice of a proposed municipal boundary change that affects state-owned real property;
• requires the Utah State Developmental Center Board to provide an opinion of a proposed municipal boundary change that affects state-owned real property affiliated with the Utah State Developmental Center;
• directs the director of the Division of Facilities and Construction Management to protest a municipal boundary adjustment, under specified circumstances; and
• makes technical changes.

Every vote on this bill

Bill text

STATE REAL PROPERTY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Margaret Dayton
House Sponsor: 
Kay J. Christofferson
LONG TITLE
General Description:
This bill establishes notification and protest requirements for a proposed municipal
boundary adjustment that affects state-owned real property. 
Highlighted Provisions:
This bill:
▸ requires a municipality to provide notice of a proposed municipal boundary change
that affects state-owned real property;
▸ requires the Utah State Developmental Center Board to provide an opinion of a
proposed municipal boundary change that affects state-owned real property
affiliated with the Utah State Developmental Center;
▸ directs the director of the Division of Facilities and Construction Management to
protest a municipal boundary adjustment, under specified circumstances; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-2-419
, as last amended by Laws of Utah 2010, Chapter 90
62A-5-202.5
, as enacted by Laws of Utah 2016, Chapter 300
63A-5-204
, as last amended by Laws of Utah 2017, Chapter 56
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-2-419
 is amended to read:
10-2-419.
Boundary adjustment -- Notice and hearing -- Protest.
(1) The legislative bodies of two or more municipalities having common boundaries
may adjust their common boundaries as provided in this section.
(2) [
(a)
] The legislative body of each municipality intending to adjust a boundary that
is common with another municipality shall:
[
(i)
] 
(a)
 adopt a resolution indicating the intent of the municipal legislative body to
adjust a common boundary;
[
(ii)
] 
(b)
 hold a public hearing on the proposed adjustment no less than 60 days after
the adoption of the resolution under Subsection (2)(a)[
(i); and
]
;
[
(iii) (A)
] 
(c)
 publish notice:
[
(I)
] 
(i) (A)
 at least once a week for three successive weeks in a newspaper of general
circulation within the municipality; or
[
(II)
] 
(B)
 if there is no newspaper of general circulation within the municipality, post at
least one notice per 1,000 population in places within the municipality that are most likely to
give notice to residents of the municipality; and
[
(B)
] 
(ii)
 on the Utah Public Notice Website created in Section 
63F-1-701
 for three
weeks[
.
]
; and
(d) if the proposed boundary adjustment may cause any part of real property owned by
the state to be within the geographic boundary of a different local governmental entity than
before the adjustment, provide written notice, at least 50 days before the public hearing
described in Subsection (2)(b), to:
(i) the title holder of any state-owned real property described in this Subsection (2)(d);
and
(ii) the Utah State Developmental Center Board, created under Section 
62A-5-202
, if
any state-owned real property described in this Subsection (2)(d) is associated with the Utah
State Developmental Center.
[
(b)
] 
(3)
 The notice required under [
Subsection (2)(a)(iii)
] 
Subsections (2)(c) and (d)
shall:
[
(i)
] 
(a)
 state that the municipal legislative body has adopted a resolution indicating the
municipal legislative body's intent to adjust a boundary that the municipality has in common
with another municipality;
[
(ii)
] 
(b)
 describe the area proposed to be adjusted;
[
(iii)
] 
(c)
 state the date, time, and place of the public hearing required under Subsection
[
(2)(a)(ii)
] 
(2)(b)
;
[
(iv)
] 
(d)
 state in conspicuous and plain terms that the municipal legislative body will
adjust the boundaries unless, at or before the public hearing under Subsection [
(2)(a)(ii),
written protests
] 
(2)(b), a written protest
 to the adjustment [
are
] 
is
 filed by [
the owners
]
:
(i) an owner
 of private real property that:
(A) is located within the area proposed for adjustment;
(B) covers at least 25% of the total private land area within the area proposed for
adjustment; and
(C) is equal in value to at least 15% of the value of all private real property within the
area proposed for adjustment; 
or
(ii) a title holder of state-owned real property described in Subsection (2)(d);
[
(v)
] 
(e)
 state that the area that is the subject of the boundary adjustment will, because
of the boundary adjustment, be automatically annexed to a local district providing fire
protection, paramedic, and emergency services or a local district providing law enforcement
service, as the case may be, as provided in Section 
17B-1-416
, if:
[
(A)
] 
(i)
 the municipality to which the area is being added because of the boundary
adjustment is entirely within the boundaries of a local district:
[
(I)
] 
(A)
 that provides fire protection, paramedic, and emergency services or law
enforcement service, respectively; and
[
(II)
] 
(B)
 in the creation of which an election was not required because of Subsection
17B-1-214
(3)(c); and
[
(B)
] 
(ii)
 the municipality from which the area is being taken because of the boundary
adjustment is not within the boundaries of the local district; and
[
(vi)
] 
(f)
 state that the area proposed for annexation to the municipality will be
automatically withdrawn from a local district providing fire protection, paramedic, and
emergency services, as provided in Subsection 
17B-1-502
(2), if:
[
(A)
] 
(i)
 the municipality to which the area is being added because of the boundary
adjustment is not within the boundaries of a local district:
[
(I)
] 
(A)
 that provides fire protection, paramedic, and emergency services; and
[
(II)
] 
(B)
 in the creation of which an election was not required because of Subsection
17B-1-214
(3)(c); and
[
(B)
] 
(ii)
 the municipality from which the area is being taken because of the boundary
adjustment is entirely within the boundaries of the local district.
[
(c)
] 
(4)
 The first publication of the notice required under Subsection [
(2)(a)(iii)(A)
]
(2)(c)(i)(A)
 shall be within 14 days of the municipal legislative body's adoption of a resolution
under Subsection (2)(a)[
(i)
].
[
(3)
] 
(5)
 Upon conclusion of the public hearing under Subsection [
(2)(a)(ii)
] 
(2)(b)
, the
municipal legislative body may adopt an ordinance approving the adjustment of the common
boundary unless, at or before the hearing under Subsection [
(2)(a)(ii), written protests
] 
(2)(b), a
written protest
 to the adjustment [
have been
] 
is
 filed with the city recorder or town clerk[
, as
the case may be, by the owners of private real property that:
] 
by a person described in
Subsection (2)(d)(i) or (ii).
[
(a) is located within the area proposed for adjustment;
]
[
(b) covers at least 25% of the total private land area within the area proposed for
adjustment; and
]
[
(c) is equal in value to at least 15% of the value of all private real property within the
area proposed for adjustment.
]
[
(4)
] 
(6)
 The municipal legislative body shall comply with the requirements of Section
10-2-425
 as if the boundary adjustment were an annexation.
[
(5)
] 
(7)
 (a) An ordinance adopted under Subsection [
(3)
] 
(5)
 becomes effective when
each municipality involved in the boundary adjustment has adopted an ordinance under
Subsection [
(3)
] 
(5)
.
(b) The effective date of a boundary adjustment under this section is governed by
Section 
10-2-425
.
Section 2. Section 
62A-5-202.5
 is amended to read:
62A-5-202.5.
Utah State Developmental Center Board -- Creation -- Membership
-- Duties -- Powers.
(1) There is created the Utah State Developmental Center Board within the Department
of Human Services.
(2) The board is composed of nine members as follows:
(a) the director of the division or the director's designee;
(b) the superintendent of the developmental center or the superintendent's designee;
(c) the executive director of the Department of Human Services or the executive
director's designee;
(d) a resident of the developmental center selected by the superintendent; and
(e) five members appointed by the governor with the advice and consent of the Senate
as follows:
(i) three members of the general public; and
(ii) two members who are parents or guardians of individuals who receive services at
the developmental center.
(3) In making appointments to the board, the governor shall ensure that:
(a) no more than three members have immediate family residing at the developmental
center; and
(b) members represent a variety of geographic areas and economic interests of the state.
(4) (a) The governor shall appoint each member described in Subsection (2)(e) for a
term of four years.
(b) An appointed member may not serve more than two full consecutive terms unless
the governor determines that an additional term is in the best interest of the state.
(c) Notwithstanding the requirements of Subsections (4)(a) and (b), the governor shall,
at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
of appointed members are staggered so that approximately half of the appointed members are
appointed every two years.
(d) Appointed members shall continue in office until the expiration of their terms and
until their successors are appointed, which may not exceed 120 days after the formal expiration
of a term.
(e) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(5) (a) The director shall serve as the chair.
(b) The board shall appoint a member to serve as vice chair.
(c) The board shall hold meetings quarterly or as needed.
(d) Five members are necessary to constitute a quorum at any meeting, and, if a
quorum exists, the action of the majority of members present shall be the action of the board.
(e) The chair shall be a non-voting member except that the chair may vote to break a tie
vote between the voting members.
(6) An appointed member may not receive compensation or benefits for the member's
service, but, at the executive director's discretion, may receive per diem and travel expenses in
accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(7) (a) The board shall adopt bylaws governing the board's activities.
(b) Bylaws shall include procedures for removal of a member who is unable or
unwilling to fulfill the requirements of the member's appointment.
(8) The board shall:
(a) act for the benefit of the developmental center and the division;
(b) advise and assist the division with the division's functions, operations, and duties
related to the developmental center, described in Sections 
62A-5-102
, 
62A-5-103
, 
62A-5-201
,
62A-5-203
, and 
62A-5-206
;
(c) administer the Utah State Developmental Center Miscellaneous Donation Fund, as
described in Section 
62A-5-206.5
;
(d) administer the Utah State Developmental Center Land Fund, as described in
Section 
62A-5-206.6
; [
and
]
(e) approve the sale, lease, or other disposition of real property or water rights
associated with the developmental center, as described in Subsection 
62A-5-206.6
(5)[
.
]
; and
(f) within 21 days after the day on which the board receives the notice required under
Subsection 
10-2-419
(2)(d), provide a written opinion regarding the proposed boundary
adjustment to:
(i) the director of the Division of Facilities and Construction Management; and
(ii) the Legislative Management Committee.
Section 3. Section 
63A-5-204
 is amended to read:
63A-5-204.
Specific powers and duties of director.
(1) As used in this section, "capitol hill facilities" and "capitol hill grounds" have the
same meaning as provided in Section 
63C-9-102
.
(2) (a) The director shall:
(i) recommend rules to the executive director for the use and management of facilities
and grounds owned or occupied by the state for the use of its departments and agencies;
(ii) supervise and control the allocation of space, in accordance with legislative
directive through annual appropriations acts or other specific legislation, to the various
departments, commissions, institutions, and agencies in all buildings or space owned, leased, or
rented by or to the state, except capitol hill facilities and capitol hill grounds and except as
otherwise provided by law;
(iii) comply with the procedures and requirements of Title 63A, Chapter 5, Part 3,
Division of Facilities Construction and Management Leasing;
(iv) except as provided in Subsection (2)(b), acquire, as authorized by the Legislature
through the appropriations act or other specific legislation, and hold title to, in the name of the
division, all real property, buildings, fixtures, or appurtenances owned by the state or any of its
agencies;
(v) collect and maintain all deeds, abstracts of title, and all other documents evidencing
title to or interest in property belonging to the state or any of its departments, except
institutions of higher education and the School and Institutional Trust Lands Administration;
(vi) report all properties acquired by the state, except those acquired by institutions of
higher education, to the director of the Division of Finance for inclusion in the state's financial
records;
(vii) before charging a rate, fee, or other amount for services provided by the division's
internal service fund to an executive branch agency, or to a subscriber of services other than an
executive branch agency:
(A) submit the proposed rates, fees, and cost analysis to the Rate Committee
established in Section 
63A-1-114
; and
(B) obtain the approval of the Legislature as required by Section 
63J-1-410
;
(viii) conduct a market analysis by July 1, 2005, and periodically thereafter, of
proposed rates and fees, which analysis shall include a comparison of the division's rates and
fees with the fees of other public or private sector providers where comparable services and
rates are reasonably available;
(ix) implement the State Building Energy Efficiency Program under Section
63A-5-701
;
(x) convey, lease, or dispose of the real property or water rights associated with the
Utah State Developmental Center according to the Utah State Developmental Center Board's
determination, as described in Subsection 
62A-5-206.6
(5); [
and
]
(xi) after receiving the notice required under Subsection 
10-2-419
(2)(d), file a written
protest at or before the public hearing required under Subsection 
10-2-419
(2)(b), if:
(A) it is in the best interest of the state to protest the boundary adjustment; or
(B) the Legislature instructs the director to protest the boundary adjustment; and
[
(xi)
] 
(xii)
 take all other action necessary for carrying out the purposes of this chapter.
(b) Legislative approval is not required for acquisitions by the division that cost less
than $250,000.
(3) (a) The director shall direct or delegate maintenance and operations, preventive
maintenance, and facilities inspection programs and activities for any agency, except:
(i) the State Capitol Preservation Board; and
(ii) state institutions of higher education.
(b) The director may choose to delegate responsibility for these functions only when
the director determines that:
(i) the agency has requested the responsibility;
(ii) the agency has the necessary resources and skills to comply with facility
maintenance standards approved by the State Building Board; and
(iii) the delegation would result in net cost savings to the state as a whole.
(c) The State Capitol Preservation Board and state institutions of higher education are
exempt from Division of Facilities Construction and Management oversight.
(d) Each state institution of higher education shall comply with the facility
maintenance standards approved by the State Building Board.
(e) Except for the State Capitol Preservation Board, agencies and institutions that are
exempt from division oversight shall annually report their compliance with the facility
maintenance standards to the division in the format required by the division.
(f) The division shall:
(i) prescribe a standard format for reporting compliance with the facility maintenance
standards;
(ii) report agency compliance or noncompliance with the standards to the Legislature;
and
(iii) conduct periodic audits of exempt agencies and institutions to ensure that they are
complying with the standards.
(4) (a) In making any allocations of space under Subsection (2), the director shall:
(i) conduct studies to determine the actual needs of each agency; and
(ii) comply with the restrictions contained in this Subsection (4).
(b) The supervision and control of the legislative area is reserved to the Legislature.
(c) The supervision and control of the judicial area is reserved to the judiciary for trial
courts only.
(d) The director may not supervise or control the allocation of space for entities in the
public and higher education systems.
(e) The supervision and control of capitol hill facilities and capitol hill grounds is
reserved to the State Capitol Preservation Board.
(5) The director may:
(a) hire or otherwise procure assistance and services, professional, skilled, or
otherwise, that are necessary to carry out the director's responsibilities, and may expend funds
provided for that purpose either through annual operating budget appropriations or from
nonlapsing project funds;
(b) sue and be sued in the name of the division; and
(c) hold, buy, lease, and acquire by exchange or otherwise, as authorized by the
Legislature, whatever real or personal property that is necessary for the discharge of the
director's duties.
(6) Notwithstanding the provisions of Subsection (2)(a)(iv), the following entities may
hold title to any real property, buildings, fixtures, and appurtenances held by them for purposes
other than administration that are under their control and management:
(a) the Office of Trust Administrator;
(b) the Department of Transportation;
(c) the Division of Forestry, Fire, and State Lands;
(d) the Department of Natural Resources;
(e) the Utah National Guard;
(f) any area vocational center or other institution administered by the State Board of
Education;
(g) any institution of higher education; and
(h) the Utah Science Technology and Research Governing Authority.
(7) The director shall ensure that any firm performing testing and inspection work
governed by the American Society for Testing Materials Standard E-329 on public buildings
under the director's supervision shall:
(a) fully comply with the American Society for Testing Materials standard
specifications for agencies engaged in the testing and inspection of materials known as ASTM
E-329; and
(b) carry a minimum of $1,000,000 of errors and omissions insurance.
(8) Notwithstanding Subsections (2)(a)(iii) and (iv), the School and Institutional Trust
Lands Administration may hold title to any real property, buildings, fixtures, and appurtenances
held by it that are under its control.