H.B. 337

1

GOVERNMENTAL LAW AMENDMENTS
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Greg J. Curtis
5 This act requires the Department of Corrections to receive the approval of the Legislature
6 before contracting with a county government to house inmates in facilities not currently
7 under construction or in existence. This act takes effect upon approval.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 ENACTS:
10 64-13c-401, Utah Code Annotated 1953
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 64-13c-401 is enacted to read:
13 64-13c-401. Legislative approval of contracting.
14 (1) Except as provided under Subsection (2), the department may enter into a contract with
15 a county government to house inmates only if the Legislature h [ approves the contract by passing ]
15a HAS PREVIOUSLY PASSED h a
16 joint resolution which includes the following information regarding the h [ contract ] PROPOSED
16a AGREEMENT h :
17 (a) the h APPROXIMATE h number of beds to be contracted;
18 (b) the county's average daily rate the department will pay the county per inmate h , AS
18a DETERMINED UNDER TITLE 63, CHAPTER 13c, PART 3, REIMBURSEMENT OF INMATE COSTS h ;
18b and
19 (c) the h APPROXIMATE h amount of the county's long-term debt and the length of that debt
19a for the facility
20 where the inmates are to be housed.
21 (2) The department may enter into a contract with a county government to house inmates
22 without complying with the approval process in Subsection (1) only if the county facility is
23 currently under construction or currently exists as of the effective date of this act.

24 Section 2. Effective date.
25 If approved by two-thirds of all the members elected to each house, this act takes effect
26 upon approval by the governor, or the day following the constitutional time limit of Utah
27 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the

28 date of veto override.




Legislative Review Note
as of 2-6-01 12:18 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel