1     
POINT OF THE MOUNTAIN STATE LAND AUTHORITY

2     
AMENDMENTS

3     
2023 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Jerry W. Stevenson

6     
House Sponsor: Jeffrey D. Stenquist

7     

8     LONG TITLE
9     General Description:
10          This bill modifies provisions relating to the Point of the Mountain State Land
11     Authority.
12     Highlighted Provisions:
13          This bill:
14          ▸     provides that the Point of the Mountain State Land Authority has control over the
15     management, development, and disposition of point of the mountain state land;
16          ▸     provides for the role of the Division of Facilities Construction and Management
17     with respect to construction on point of the mountain state land;
18          ▸     specifies that local governments do not have zoning authority with respect to the
19     point of the mountain state land;
20          ▸     eliminates a limitation on the Authority's ability to spend Authority money;
21          ▸     authorizes the Authority to impose an accommodations tax and specifies that the
22     revenue from the tax is to be used for affordable housing;
23          ▸     modifies the composition of the Authority board;
24          ▸     authorizes the Authority board to hold a closed meeting for a specified purpose; and
25          ▸     makes technical and conforming changes.
26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:

29          None
30     Utah Code Sections Affected:
31     AMENDS:
32          11-59-102, as last amended by Laws of Utah 2022, Chapter 237
33          11-59-103, as enacted by Laws of Utah 2018, Chapter 388
34          11-59-205, as enacted by Laws of Utah 2022, Chapter 237
35          11-59-301, as enacted by Laws of Utah 2018, Chapter 388
36          11-59-302, as last amended by Laws of Utah 2021, Chapter 282
37          11-59-304, as last amended by Laws of Utah 2021, Chapter 282
38          11-59-501, as last amended by Laws of Utah 2021, Chapter 282
39          52-4-205, as last amended by Laws of Utah 2022, Chapters 237, 290, 332, 335, 422,
40     and 478
41          59-12-352, as last amended by Laws of Utah 2009, Chapter 92
42          59-12-354, as last amended by Laws of Utah 2018, Chapters 258 and 312
43          59-12-355, as last amended by Laws of Utah 2004, Chapter 255
44          63A-5b-902, as last amended by Laws of Utah 2022, Chapter 421
45     

46     Be it enacted by the Legislature of the state of Utah:
47          Section 1. Section 11-59-102 is amended to read:
48          11-59-102. Definitions.
49          As used in this chapter:
50          (1) "Authority" means the Point of the Mountain State Land Authority, created in
51     Section 11-59-201.
52          (2) "Board" means the authority's board, created in Section 11-59-301.
53          (3) "Development":
54          (a) means the construction, reconstruction, modification, expansion, or improvement of
55     a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or

56     other facility, including:
57          (i) the demolition or preservation or repurposing of a building, infrastructure, or other
58     facility;
59          (ii) surveying, testing, locating existing utilities and other infrastructure, and other
60     preliminary site work; and
61          (iii) any associated planning, design, engineering, and related activities; and
62          (b) includes all activities associated with:
63          (i) marketing and business recruiting activities and efforts;
64          (ii) leasing, or selling or otherwise disposing of, all or any part of the point of the
65     mountain state land; and
66          (iii) planning and funding for mass transit infrastructure to service the point of the
67     mountain state land.
68          (4) "Facilities division" means the Division of Facilities Construction and
69     Management, created in Section 63A-5b-301.
70          [(4)] (5) "New correctional facility" means the state correctional facility being
71     developed in Salt Lake City to replace the state correctional facility in Draper.
72          [(5)] (6) "Point of the mountain state land" means the approximately 700 acres of
73     state-owned land in Draper, including land used for the operation of a state correctional facility
74     until completion of the new correctional facility and state-owned land in the vicinity of the
75     current state correctional facility.
76          [(6)] (7) "Public entity" means:
77          (a) the state, including each department, division, or other agency of the state; or
78          (b) a county, city, town, metro township, school district, local district, special service
79     district, interlocal cooperation entity, community reinvestment agency, or other political
80     subdivision of the state, including the authority.
81          [(7)] (8) "Publicly owned infrastructure and improvements":
82          (a) means infrastructure, improvements, facilities, or buildings that:

83          (i) benefit the public; and
84          (ii) (A) are owned by a public entity or a utility; or
85          (B) are publicly maintained or operated by a public entity; and
86          (b) includes:
87          (i) facilities, lines, or systems that provide:
88          (A) water, chilled water, or steam; or
89          (B) sewer, storm drainage, natural gas, electricity, energy storage, renewable energy,
90     microgrids, or telecommunications service;
91          (ii) streets, roads, curb, gutter, sidewalk, walkways, solid waste facilities, parking
92     facilities, and public transportation facilities; and
93          (iii) greenspace, parks, trails, recreational amenities, or other similar facilities.
94          [(8)] (9) "Taxing entity" means the same as that term is defined in Section 59-2-102.
95          Section 2. Section 11-59-103 is amended to read:
96          11-59-103. Scope of chapter -- Limit on selling or leasing point of the mountain
97     state land -- Authority control over point of the mountain state land -- Role of Division of
98     Facilities Construction and Management -- Local government zoning not applicable.
99          (1) This chapter governs the management of the point of the mountain state land, and
100     the process of planning, managing, and implementing the development of the point of the
101     mountain state land[:].
102          [(a) beginning May 8, 2018;]
103          [(b) subject to Subsection (3), during the transition period as prison operations on the
104     point of the mountain state land continue and eventually wind down in anticipation of the
105     relocation of prison operations to the new correctional facility; and]
106          [(c) upon and after the transfer of prison operations to the new correctional facility.]
107          (2) (a) No part of the point of the mountain state land may be sold or otherwise
108     disposed of or leased without the approval of the board.
109          (b) The authority has complete and exclusive control over the management,

110     development, and disposition of the point of the mountain state land.
111          [(3) Nothing in this chapter may be construed to authorize the authority to:]
112          [(a) manage, oversee, or otherwise affect prison operations conducted on the point of
113     the mountain state land; or]
114          [(b) take an action that would impair or interfere with prison operations conducted on
115     the point of the mountain state land.]
116          (3) (a) The facilities division serves the role of compliance agency under Title 15A,
117     State Construction and Fire Codes Act, with respect to the point of the mountain state land.
118          (b) The facilities division is the permitting agency responsible for the issuance of a
119     building permit or certificate of occupancy related to construction on the point of the mountain
120     state land, in accordance with applicable building codes and standards.
121          (4) The zoning authority of a local government under Title 10, Chapter 9a, Municipal
122     Land Use, Development, and Management Act, or Title 17, Chapter 27a, County Land Use,
123     Development, and Management Act, does not apply to the use of the point of the mountain
124     state land or to any improvements constructed on the point of the mountain state land,
125     including improvements constructed by an entity other than the authority.
126          Section 3. Section 11-59-205 is amended to read:
127          11-59-205. Authority funds.
128          (1) Authority funds consist of all money that the authority receives from any source,
129     including:
130          (a) money appropriated by the Legislature;
131          (b) money from lease revenue;
132          (c) revenue from fees or other charges imposed by the authority; and
133          (d) other money paid to or acquired by the authority, as provided in this chapter or
134     other applicable law.
135          (2) The authority may use authority funds to carry out any of the powers of the
136     authority under this chapter or for any purpose authorized under this chapter, including:

137          (a) providing long-term benefits to the state from the development or use of point of
138     the mountain state land;
139          (b) investment in authority projects;
140          (c) repayment of point of the mountain infrastructure loans;
141          (d) repayment of or collateral for authority bonds;
142          (e) the sharing of money with other governmental entities under an interlocal
143     agreement; and
144          (f) paying any consulting fees, staff salaries, and other administrative, overhead, legal,
145     and operating expenses of the authority.
146          [(3) The authority may not spend or use any money the authority receives under
147     Section 10-1-304, 11-59-206, 11-59-207, or 11-59-208 until after June 30, 2023.]
148          Section 4. Section 11-59-301 is amended to read:
149          11-59-301. Authority board -- Delegation of power.
150          (1) The authority shall be governed by a board, which shall manage and conduct the
151     business and affairs of the authority and shall determine all questions of authority policy.
152          (2) All powers of the authority are exercised through the board.
153          (3) The board may by resolution:
154          (a) delegate powers to authority staff[.]; and
155          (b) designate an authority officer or employee to execute on behalf of the authority a
156     document by which the authority acts to lease, transfer, or otherwise dispose of land that is part
157     of the point of the mountain state land.
158          Section 5. Section 11-59-302 is amended to read:
159          11-59-302. Number of board members -- Appointment -- Vacancies -- Chairs.
160          (1) The board shall consist of [11] 12 members as provided in Subsection (2).
161          (2) (a) The president of the Senate shall appoint two members of the Senate to serve as
162     members of the board.
163          (b) The speaker of the House of Representatives shall appoint two members of the

164     House of Representatives to serve as members of the board.
165          (c) The governor shall appoint [four] five individuals to serve as members of the board:
166          (i) one of whom shall be a member of the board of or employed by the Governor's
167     Office of Economic Opportunity, created in Section 63N-1a-301; [and]
168          (ii) one of whom shall be an employee of the [Division of Facilities Construction and
169     Management, created in Section 63A-5b-301.] facilities division; and
170          (iii) one of whom shall be an elected official from a municipality in close proximity to
171     the municipality in which the point of the mountain state land is located.
172          (d) The Salt Lake County mayor shall appoint one board member, who shall be an
173     elected Salt Lake County government official.
174          (e) The mayor of Draper, or a member of the Draper city council that the mayor
175     designates, shall serve as a board member.
176          (f) The commissioner of higher education, appointed under Section 53B-1-408, or the
177     commissioner's designee, shall serve as a board member.
178          (3) (a) (i) Subject to Subsection (3)(a)(ii), a vacancy on the board shall be filled in the
179     same manner under this section as the appointment of the member whose vacancy is being
180     filled.
181          (ii) If the mayor of Draper or commissioner of higher education is removed as a board
182     member under Subsection (5), the mayor of Draper or commissioner of higher education, as the
183     case may be, shall designate an individual to serve as a member of the board, as provided in
184     Subsection (2)(e) or (f), respectively.
185          (b) Each person appointed or designated to fill a vacancy shall serve the remaining
186     unexpired term of the member whose vacancy the person is filling.
187          (4) A member of the board appointed by the governor, president of the Senate, or
188     speaker of the House of Representatives serves at the pleasure of and may be removed and
189     replaced at any time, with or without cause, by the governor, president of the Senate, or speaker
190     of the House of Representatives, respectively.

191          (5) A member of the board may be removed by a vote of two-thirds of all members of
192     the board.
193          (6) (a) The governor shall appoint one board member to serve as cochair of the board.
194          (b) The president of the Senate and speaker of the House of Representatives shall
195     jointly appoint one legislative member of the board to serve as cochair of the board.
196          Section 6. Section 11-59-304 is amended to read:
197          11-59-304. Staff and other support services -- Cooperation from state and local
198     government entities -- Services from state agencies.
199          (1) As used in this section[: (a) "Division" means the Division of Facilities
200     Construction and Management, created in Section 63A-5b-301. (b) "Office"], "office" means
201     the Governor's Office of Economic Opportunity, created in Section 63N-1a-301.
202          (2) If and as requested by the board:
203          (a) the facilities division shall:
204          (i) provide staff support to the board; and
205          (ii) make available to the board existing division resources and expertise to assist the
206     board in the development, marketing, and disposition of the point of the mountain state land;
207     and
208          (b) the office shall cooperate with and provide assistance to the board in the board's:
209          (i) formulation of a development plan for the point of the mountain state land; and
210          (ii) management and implementation of a development plan, including the marketing
211     of property and recruitment of businesses and others to locate on the point of the mountain
212     state land.
213          (3) A department, division, or other agency of the state and a political subdivision of
214     the state shall cooperate with the authority and the board to the fullest extent possible to
215     provide whatever support, information, or other assistance the board requests that is reasonably
216     necessary to help the authority fulfill its duties and responsibilities under this chapter.
217          (4) (a) The authority may request and, upon request, shall receive services that include:

218          (i) fuel dispensing and motor pool services provided by the Division of Fleet
219     Operations;
220          (ii) surplus property services provided by the Division of Purchasing and General
221     Service;
222          (iii) information technology services provided by the Division of Technology Services;
223          (iv) archive services provided by the Division of Archives and Records Service;
224          (v) financial services provided by the Division of Finance;
225          (vi) human resource management services provided by the Division of Human
226     Resource Management;
227          (vii) legal services provided by the Office of the Attorney General; and
228          (viii) banking services provided by the Office of the State Treasurer.
229          (b) Nothing in Subsection (4)(a) may be construed to relieve the authority of the
230     obligation to pay the applicable fee for the service provided.
231          Section 7. Section 11-59-501 is amended to read:
232          11-59-501. Dissolution of authority -- Restrictions -- Publishing notice of
233     dissolution -- Authority records -- Dissolution expenses.
234          (1) The authority may not be dissolved unless:
235          (a) the authority board first receives approval from the Legislative Management
236     Committee of the Legislature to dissolve the authority; and
237          (b) the authority has no outstanding bonded indebtedness, other unpaid loans,
238     indebtedness, or advances, and no legally binding contractual obligations with persons or
239     entities other than the state.
240          (2) To dissolve the authority, the board shall:
241          (a) obtain the approval of the Legislative Management Committee of the Legislature;
242     and
243          (b) adopt a resolution dissolving the authority, to become effective as provided in the
244     resolution.

245          (3) Upon the dissolution of the authority:
246          (a) the Governor's Office of Economic Opportunity shall publish a notice of
247     dissolution:
248          (i) in a newspaper of general circulation in the county in which the dissolved authority
249     is located; and
250          (ii) as required in Section 45-1-101; and
251          (b) all title to property owned by the authority vests in the [Division of Facilities
252     Construction and Management, created in Section 63A-5b-301,] facilities division for the
253     benefit of the state.
254          (4) The board shall deposit all books, documents, records, papers, and seal of the
255     dissolved authority with the state auditor for safekeeping and reference.
256          (5) The authority shall pay all expenses of the deactivation and dissolution.
257          Section 8. Section 52-4-205 is amended to read:
258          52-4-205. Purposes of closed meetings -- Certain issues prohibited in closed
259     meetings.
260          (1) A closed meeting described under Section 52-4-204 may only be held for:
261          (a) except as provided in Subsection (3), discussion of the character, professional
262     competence, or physical or mental health of an individual;
263          (b) strategy sessions to discuss collective bargaining;
264          (c) strategy sessions to discuss pending or reasonably imminent litigation;
265          (d) strategy sessions to discuss the purchase, exchange, or lease of real property,
266     including any form of a water right or water shares, or to discuss a proposed development
267     agreement, project proposal, or financing proposal related to the development of land owned by
268     the state, if public discussion would:
269          (i) disclose the appraisal or estimated value of the property under consideration; or
270          (ii) prevent the public body from completing the transaction on the best possible terms;
271          (e) strategy sessions to discuss the sale of real property, including any form of a water

272     right or water shares, if:
273          (i) public discussion of the transaction would:
274          (A) disclose the appraisal or estimated value of the property under consideration; or
275          (B) prevent the public body from completing the transaction on the best possible terms;
276          (ii) the public body previously gave public notice that the property would be offered for
277     sale; and
278          (iii) the terms of the sale are publicly disclosed before the public body approves the
279     sale;
280          (f) discussion regarding deployment of security personnel, devices, or systems;
281          (g) investigative proceedings regarding allegations of criminal misconduct;
282          (h) as relates to the Independent Legislative Ethics Commission, conducting business
283     relating to the receipt or review of ethics complaints;
284          (i) as relates to an ethics committee of the Legislature, a purpose permitted under
285     Subsection 52-4-204(1)(a)(iii)(C);
286          (j) as relates to the Independent Executive Branch Ethics Commission created in
287     Section 63A-14-202, conducting business relating to an ethics complaint;
288          (k) as relates to a county legislative body, discussing commercial information as
289     defined in Section 59-1-404;
290          (l) as relates to the Utah Higher Education Assistance Authority and its appointed
291     board of directors, discussing fiduciary or commercial information as defined in Section
292     53B-12-102;
293          (m) deliberations, not including any information gathering activities, of a public body
294     acting in the capacity of:
295          (i) an evaluation committee under Title 63G, Chapter 6a, Utah Procurement Code,
296     during the process of evaluating responses to a solicitation, as defined in Section 63G-6a-103;
297          (ii) a protest officer, defined in Section 63G-6a-103, during the process of making a
298     decision on a protest under Title 63G, Chapter 6a, Part 16, Protests; or

299          (iii) a procurement appeals panel under Title 63G, Chapter 6a, Utah Procurement
300     Code, during the process of deciding an appeal under Title 63G, Chapter 6a, Part 17,
301     Procurement Appeals Board;
302          (n) the purpose of considering information that is designated as a trade secret, as
303     defined in Section 13-24-2, if the public body's consideration of the information is necessary to
304     properly conduct a procurement under Title 63G, Chapter 6a, Utah Procurement Code;
305          (o) the purpose of discussing information provided to the public body during the
306     procurement process under Title 63G, Chapter 6a, Utah Procurement Code, if, at the time of
307     the meeting:
308          (i) the information may not, under Title 63G, Chapter 6a, Utah Procurement Code, be
309     disclosed to a member of the public or to a participant in the procurement process; and
310          (ii) the public body needs to review or discuss the information to properly fulfill its
311     role and responsibilities in the procurement process;
312          (p) as relates to the governing board of a governmental nonprofit corporation, as that
313     term is defined in Section 11-13a-102, the purpose of discussing information that is designated
314     as a trade secret, as that term is defined in Section 13-24-2, if:
315          (i) public knowledge of the discussion would reasonably be expected to result in injury
316     to the owner of the trade secret; and
317          (ii) discussion of the information is necessary for the governing board to properly
318     discharge the board's duties and conduct the board's business;
319          (q) as it relates to the Cannabis Production Establishment Licensing Advisory Board,
320     to review confidential information regarding violations and security requirements in relation to
321     the operation of cannabis production establishments; [or]
322          (r) a discussion of the board of the Point of the Mountain State Land Authority, created
323     in Section 11-59-201, regarding a potential tenant of point of the mountain state land, as
324     defined in Section 11-59-102; or
325          [(r)] (s) a purpose for which a meeting is required to be closed under Subsection (2).

326          (2) The following meetings shall be closed:
327          (a) a meeting of the Health and Human Services Interim Committee to review a report
328     described in Subsection 62A-16-301(1)(a), and the responses to the report described in
329     Subsections 62A-16-301(2) and (4);
330          (b) a meeting of the Child Welfare Legislative Oversight Panel to:
331          (i) review a report described in Subsection 62A-16-301(1)(a), and the responses to the
332     report described in Subsections 62A-16-301(2) and (4); or
333          (ii) review and discuss an individual case, as described in Subsection 36-33-103(2);
334          (c) a meeting of the Opioid and Overdose Fatality Review Committee, created in
335     Section 26-7-13, to review and discuss an individual case, as described in Subsection
336     26-7-13(10);
337          (d) a meeting of a conservation district as defined in Section 17D-3-102 for the
338     purpose of advising the Natural Resource Conservation Service of the United States
339     Department of Agriculture on a farm improvement project if the discussed information is
340     protected information under federal law;
341          (e) a meeting of the Compassionate Use Board established in Section 26-61a-105 for
342     the purpose of reviewing petitions for a medical cannabis card in accordance with Section
343     26-61a-105;
344          (f) a meeting of the Colorado River Authority of Utah if:
345          (i) the purpose of the meeting is to discuss an interstate claim to the use of the water in
346     the Colorado River system; and
347          (ii) failing to close the meeting would:
348          (A) reveal the contents of a record classified as protected under Subsection
349     63G-2-305(82);
350          (B) reveal a legal strategy relating to the state's claim to the use of the water in the
351     Colorado River system;
352          (C) harm the ability of the Colorado River Authority of Utah or river commissioner to

353     negotiate the best terms and conditions regarding the use of water in the Colorado River
354     system; or
355          (D) give an advantage to another state or to the federal government in negotiations
356     regarding the use of water in the Colorado River system;
357          (g) a meeting of the General Regulatory Sandbox Program Advisory Committee if:
358          (i) the purpose of the meeting is to discuss an application for participation in the
359     regulatory sandbox as defined in Section 63N-16-102; and
360          (ii) failing to close the meeting would reveal the contents of a record classified as
361     protected under Subsection 63G-2-305(83);
362          (h) a meeting of a project entity if:
363          (i) the purpose of the meeting is to conduct a strategy session to discuss market
364     conditions relevant to a business decision regarding the value of a project entity asset if the
365     terms of the business decision are publicly disclosed before the decision is finalized and a
366     public discussion would:
367          (A) disclose the appraisal or estimated value of the project entity asset under
368     consideration; or
369          (B) prevent the project entity from completing on the best possible terms a
370     contemplated transaction concerning the project entity asset;
371          (ii) the purpose of the meeting is to discuss a record, the disclosure of which could
372     cause commercial injury to, or confer a competitive advantage upon a potential or actual
373     competitor of, the project entity;
374          (iii) the purpose of the meeting is to discuss a business decision, the disclosure of
375     which could cause commercial injury to, or confer a competitive advantage upon a potential or
376     actual competitor of, the project entity; or
377          (iv) failing to close the meeting would prevent the project entity from getting the best
378     price on the market; and
379          (i) a meeting of the School Activity Eligibility Commission, described in Section

380     53G-6-1003, if the commission is in effect in accordance with Section 53G-6-1002, to
381     consider, discuss, or determine, in accordance with Section 53G-6-1004, an individual student's
382     eligibility to participate in an interscholastic activity, as that term is defined in Section
383     53G-6-1001, including the commission's determinative vote on the student's eligibility.
384          (3) In a closed meeting, a public body may not:
385          (a) interview a person applying to fill an elected position;
386          (b) discuss filling a midterm vacancy or temporary absence governed by Title 20A,
387     Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary Absence in Elected Office;
388     or
389          (c) discuss the character, professional competence, or physical or mental health of the
390     person whose name was submitted for consideration to fill a midterm vacancy or temporary
391     absence governed by Title 20A, Chapter 1, Part 5, Candidate Vacancy and Vacancy and
392     Temporary Absence in Elected Office.
393          Section 9. Section 59-12-352 is amended to read:
394          59-12-352. Transient room tax authority for municipalities, military installation
395     development authority, and Point of the Mountain State Land Authority -- Purposes for
396     which revenues may be used.
397          (1) (a) Except as provided in Subsection (5), the governing body of a municipality may
398     impose a tax of not to exceed 1% on charges for the accommodations and services described in
399     Subsection 59-12-103(1)(i).
400          (b) Subject to Section 63H-1-203, the military installation development authority
401     created in Section 63H-1-201 may impose a tax under this section for accommodations and
402     services described in Subsection 59-12-103(1)(i) within a project area described in a project
403     area plan adopted by the authority under Title 63H, Chapter 1, Military Installation
404     Development Authority Act, as though the authority were a municipality.
405          (2) Subject to the limitations of Subsection (1), a governing body of a municipality
406     may, by ordinance, increase or decrease the tax under this part.

407          (3) A governing body of a municipality shall regulate the tax under this part by
408     ordinance.
409          (4) A municipality may use revenues generated by the tax under this part for general
410     fund purposes.
411          (5) (a) A municipality may not impose a tax under this section for accommodations and
412     services described in Subsection 59-12-103(1)(i) within a project area described in a project
413     area plan adopted by the authority under Title 63H, Chapter 1, Military Installation
414     Development Authority Act.
415          (b) Subsection (5)(a) does not apply to the military installation development authority's
416     imposition of a tax under this section.
417          (6) (a) As used in this Subsection (6):
418          (i) "Authority" means the Point of the Mountain State Land Authority, created in
419     Section 11-59-201.
420          (ii) "Authority board" means the board referred to in Section 11-59-301.
421          (b) The authority may, by a resolution adopted by the authority board, impose a tax of
422     not to exceed 5% on charges for the accommodations and services described in Subsection
423     59-12-103(1)(i) for transactions that occur on point of the mountain state land, as defined in
424     Section 11-59-102.
425          (c) The authority board, by resolution, shall regulate the tax under this Subsection (6).
426          (d) The authority shall use all revenue from a tax imposed under this Subsection (6) to
427     provide affordable housing, consistent with the manner that a community reinvestment agency
428     uses funds for affordable housing under Section 17C-1-412.
429          (e) A tax under this Subsection (6) is in addition to any other tax that may be imposed
430     under this part.
431          Section 10. Section 59-12-354 is amended to read:
432          59-12-354. Collection of tax -- Administrative charge.
433          (1) Except as provided in Subsections (2) and (3), the tax authorized under this part

434     shall be administered, collected, and enforced in accordance with:
435          (a) the same procedures used to administer, collect, and enforce the tax under:
436          (i) Part 1, Tax Collection; or
437          (ii) Part 2, Local Sales and Use Tax Act; and
438          (b) Chapter 1, General Taxation Policies.
439          (2) (a) The location of a transaction shall be determined in accordance with Sections
440     59-12-211 through 59-12-215.
441          (b) The commission:
442          (i) except as provided in Subsection (2)(b)(ii), shall distribute the revenue collected
443     from the tax to:
444          (A) the municipality within which the revenue was collected, for a tax imposed under
445     this part by a municipality; and
446          (B) the Point of the Mountain State Land Authority, for a tax imposed under Subsection
447     59-12-352(6); and
448          (ii) shall retain and deposit an administrative charge in accordance with Section
449     59-1-306 from the revenue the commission collects from a tax under this part.
450          (3) A tax under this part is not subject to Section 59-12-107.1 or 59-12-123 or
451     Subsections 59-12-205(2) through (6).
452          Section 11. Section 59-12-355 is amended to read:
453          59-12-355. Enactment or repeal of tax -- Tax rate change -- Effective date --
454     Notice requirements.
455          (1) For purposes of this section:
456          (a) "Annexation" means an annexation to a city or town under Title 10, Chapter 2, Part
457     4, Annexation.
458          (b) "Annexing area" means an area that is annexed into a city or town.
459          (2) (a) Except as provided in Subsection (2)(c), if, on or after July 1, 2004, a city or
460     town enacts or repeals a tax or changes the rate of a tax under this part, or if the Point of the

461     Mountain State Land Authority imposes or repeals a tax under Subsection 59-12-352(6) or
462     changes the rate of the tax, the enactment, repeal, or change shall take effect:
463          (i) on the first day of a calendar quarter; and
464          (ii) after a 90-day period beginning on the date the commission receives notice meeting
465     the requirements of Subsection (2)(b) from the city or town.
466          (b) The notice described in Subsection (2)(a)(ii) shall state:
467          (i) that the city or town will enact or repeal a tax or change the rate of a tax under this
468     part;
469          (ii) the statutory authority for the tax described in Subsection (2)(b)(i);
470          (iii) the effective date of the tax described in Subsection (2)(b)(i); and
471          (iv) if the city or town enacts the tax or changes the rate of the tax described in
472     Subsection (2)(b)(i), the rate of the tax.
473          (c) (i) Notwithstanding Subsection (2)(a), for a transaction described in Subsection
474     (2)(c)(iii), the enactment of a tax or a tax rate increase shall take effect on the first day of the
475     first billing period:
476          (A) that begins after the effective date of the enactment of the tax or the tax rate
477     increase; and
478          (B) if the billing period for the transaction begins before the effective date of the
479     enactment of the tax or the tax rate increase imposed under:
480          (I) Section 59-12-352; or
481          (II) Section 59-12-353.
482          (ii) Notwithstanding Subsection (2)(a), for a transaction described in Subsection
483     (2)(c)(iii), the repeal of a tax or a tax rate decrease shall take effect on the first day of the last
484     billing period:
485          (A) that began before the effective date of the repeal of the tax or the tax rate decrease;
486     and
487          (B) if the billing period for the transaction begins before the effective date of the repeal

488     of the tax or the tax rate decrease imposed under:
489          (I) Section 59-12-352; or
490          (II) Section 59-12-353.
491          (iii) Subsections (2)(c)(i) and (ii) apply to transactions subject to a tax under
492     Subsection 59-12-103(1)(i).
493          (3) (a) Except as provided in Subsection (3)(c), if, for an annexation that occurs on or
494     after July 1, 2004, the annexation will result in the enactment, repeal, or change in the rate of a
495     tax under this part for an annexing area, the enactment, repeal, or change shall take effect:
496          (i) on the first day of a calendar quarter; and
497          (ii) after a 90-day period beginning on the date the commission receives notice meeting
498     the requirements of Subsection (3)(b) from the city or town that annexes the annexing area.
499          (b) The notice described in Subsection (3)(a)(ii) shall state:
500          (i) that the annexation described in Subsection (3)(a) will result in an enactment,
501     repeal, or change in the rate of a tax under this part for the annexing area;
502          (ii) the statutory authority for the tax described in Subsection (3)(b)(i);
503          (iii) the effective date of the tax described in Subsection (3)(b)(i); and
504          (iv) if the city or town enacts the tax or changes the rate of the tax described in
505     Subsection (3)(b)(i), the rate of the tax.
506          (c) (i) Notwithstanding Subsection (3)(a), for a transaction described in Subsection
507     (3)(c)(iii), the enactment of a tax or a tax rate increase shall take effect on the first day of the
508     first billing period:
509          (A) that begins after the effective date of the enactment of the tax or the tax rate
510     increase; and
511          (B) if the billing period for the transaction begins before the effective date of the
512     enactment of the tax or the tax rate increase imposed under:
513          (I) Section 59-12-352; or
514          (II) Section 59-12-353.

515          (ii) Notwithstanding Subsection (3)(a), for a transaction described in Subsection
516     (3)(c)(iii), the repeal of a tax or a tax rate decrease shall take effect on the first day of the last
517     billing period:
518          (A) that began before the effective date of the repeal of the tax or the tax rate decrease;
519     and
520          (B) if the billing period for the transaction begins before the effective date of the repeal
521     of the tax or the tax rate decrease imposed under:
522          (I) Section 59-12-352; or
523          (II) Section 59-12-353.
524          (iii) Subsections (3)(c)(i) and (ii) apply to transactions subject to a tax under
525     Subsection 59-12-103(1)(i).
526          Section 12. Section 63A-5b-902 is amended to read:
527          63A-5b-902. Application of part.
528          (1) The provisions of this part, other than this section, do not apply to:
529          (a) a conveyance, lease, or disposal under Subsection 63A-5b-303(1)(a)(viii);
530          (b) the division's disposal or lease of division-owned property with a value under
531     $500,000, as estimated by the division; [or]
532          (c) a conveyance, lease, or disposal of division-owned property in connection with:
533          (i) the establishment of a state store, as defined in Section 32B-1-102; or
534          (ii) the construction of student housing[.]; or
535          (d) a conveyance, lease, or disposal of any part of the point of the mountain state land,
536     as defined in Section 11-59-102, by the Point of the Mountain State Land Authority created in
537     Section 11-59-201.
538          (2) Nothing in Subsection (1)(b) or (c) may be construed to diminish or eliminate the
539     division's responsibility to manage division-owned property in the best interests of the state.