Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 133 Second Substitute (2020GS)

Sponsor

Sen. Hemmert, D.

Final action

Governor Signed 4/1/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires the Governor's Office of Economic Development to engage a person to act as a facilitator for public-private partnerships in the state;
• provides for requirements for a facilitator under a contract with the Governor's Office of Economic Development; and
• provides a repeal date for the provisions relating to a facilitator.

Every vote on this bill

Bill text

PUBLIC-PRIVATE PARTNERSHIPS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel Hemmert
House Sponsor: 
Joel Ferry
LONG TITLE
General Description:
This bill enacts provisions relating to public-private partnerships.
Highlighted Provisions:
This bill:
▸ requires the Governor's Office of Economic Development to engage a person to act
as a facilitator for public-private partnerships in the state;
▸ provides for requirements for a facilitator under a contract with the Governor's
Office of Economic Development; and
▸ provides a repeal date for the provisions relating to a facilitator.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63I-2-263
, as last amended by Laws of Utah 2019, Chapters 182, 240, 246, 325, 370,
and 483
ENACTS:
63N-13-301
, Utah Code Annotated 1953
63N-13-302
, Utah Code Annotated 1953
63N-13-303
, Utah Code Annotated 1953
63N-13-304
, Utah Code Annotated 1953
63N-13-305
, Utah Code Annotated 1953
63N-13-306
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63I-2-263
 is amended to read:
63I-2-263.
Repeal dates, Title 63A to Title 63N.
(1) On July 1, 2020:
(a) Subsection 
63A-1-203
(5)(a)(i) is repealed; and
(b) in Subsection 
63A-1-203
(5)(a)(ii), the language that states "appointed on or after
May 8, 2018," is repealed.
(2) Sections 
63C-4a-307
 and 
63C-4a-309
 are repealed January 1, 2020.
(3) Title 63C, Chapter 19, Higher Education Strategic Planning Commission is
repealed July 1, 2020.
(4) The following sections regarding the World War II Memorial Commission are
repealed on July 1, 2020:
(a) Section 
63G-1-801
;
(b) Section 
63G-1-802
;
(c) Section 
63G-1-803
; and
(d) Section 
63G-1-804
.
(5) In relation to the State Fair Park Committee, on January 1, 2021:
(a) Section 
63H-6-104.5
 is repealed; and
(b) Subsections 
63H-6-104
(8) and (9) are repealed.
(6) Section 
63H-7a-303
 is repealed on July 1, 2022.
(7) In relation to the Employability to Careers Program Board, on July 1, 2022:
(a) Subsection 
63J-1-602.1
(52) is repealed;
(b) Subsection 
63J-4-301
(1)(h), related to the review of data and metrics, is repealed;
and
(c) Title 63J, Chapter 4, Part 7, Employability to Careers Program, is repealed.
(8) Section 
63J-4-708
 is repealed January 1, 2023.
(9) Title 63N, Chapter 13, Part 3, Facilitating Public-Private Partnerships Act, is
repealed January 1, 2024.
Section 2. Section 
63N-13-301
 is enacted to read:
Part 3. Facilitating Public-Private Partnerships Act
 63N-13-301.
Title.
This part is known as the "Facilitating Public-Private Partnerships Act."
Section 3. Section 
63N-13-302
 is enacted to read:
 63N-13-302.
Definitions.
As used in this part:
(1) "Facilitator" means a person engaged by the office to perform the functions and
responsibilities described in Section 
63N-13-304
.
(2) "Government entity" means:
(a) the state or any department, division, agency, or other instrumentality of the state;
or
(b) a political subdivision of the state.
(3) "Public-private partnership" means an arrangement or agreement between a
government entity and one or more private persons to fund and provide for a public need
through the development or operation of a public project in which the private person or persons
share with the government entity the responsibility or risk of developing, owning, maintaining,
financing, or operating the project.
Section 4. Section 
63N-13-303
 is enacted to read:
 63N-13-303.
Contract with facilitator.
(1) Within legislative appropriations, the office shall enter into a contract with a
nonprofit entity or government entity to act as a facilitator.
(2) The office shall use a request for proposals process under Title 63G, Chapter 6a,
Utah Procurement Code, to select a qualified person to act as facilitator.
(3) The term of a contract under Subsection (1) may not exceed three years.
(4) The office shall ensure that the contract with the facilitator includes a
conflict-of-interest provision prohibiting the facilitator, or a principal, officer, or employee of
the facilitator, from receiving a direct or indirect financial benefit from any public-private
partnership that results from the facilitator's work under the contract.
Section 5. Section 
63N-13-304
 is enacted to read:
 63N-13-304.
Contract requirements for a facilitator.
In a contract under Section 
63N-13-303
, the office shall require a facilitator to:
(1) be a single point of contact and information on public-private partnerships in the
state for:
(a) government entities exploring the possibility of filling a public need through a
public-private partnership; and
(b) private persons exploring investment opportunities in a public project in the state
through a public-private partnership;
(2) work throughout the state to identify government entities that may have an interest
in seeking to fill a public need through a public-private partnership;
(3) work to identify private persons who may have an interest in investment
opportunities in public projects in the state through a public-private partnership;
(4) facilitate the matching of government entities seeking to fill a public need through a
public-private partnership with private persons seeking investment opportunities in public
projects through a public-private partnership;
(5) facilitate and assist with the establishment of public-private partnerships for
government entities who request the facilitator's assistance in establishing a public-private
partnership; and
(6) make recommendations for the Legislature to consider at the 2021 legislative
general session relating to public-private partnerships:
(a) to enhance the statutory framework for the establishment of public-private
partnerships for public infrastructure projects; and
(b) with the goal of moving the state to the forefront throughout the country in the area
of private participation in public infrastructure development.
Section 6. Section 
63N-13-305
 is enacted to read:
 63N-13-305.
Office oversight over contract performance of facilitator.
The office shall monitor and oversee a facilitator's performance under a contract under
Section 
63N-13-303
 to ensure that the facilitator is fulfilling the requirements of Section
63N-13-304
.
Section 7. Section 
63N-13-306
 is enacted to read:
 63N-13-306.
Limits on application of this part.
Nothing in this part:
(1) requires a government entity to use the facilitator to explore the possibility of filling
a public need through a public-private partnership; or
(2) limits the ability of a government entity to directly:
(a) solicit a public-private partnership; or
(b) respond to a private person exploring an investment opportunity in a public project
through a public-private partnership.