H.B. 58

1

TRUST LANDS ADMINISTRATION
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: DeMar Bud Bowman
5
6 LONG TITLE
7 General Description:
8 This bill provides an exemption from the Utah State Personnel Management Act for a
9 certain position within the School and Institutional Trust Lands Administration.
10 Highlighted Provisions:
11 This bill:
12 . exempts the position of associate director within the School and Institutional Trust
13 Lands Administration from the career service and state pay plan provisions of the
14 Utah State Personnel Management Act; and
15 . makes technical amendments.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 53C-1-201, as last amended by Chapter 192, Laws of Utah 2003
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 53C-1-201 is amended to read:
26 53C-1-201. Creation of administration -- Purpose -- Director.
27 (1) (a) There is established within state government the School and Institutional Trust

28 Lands Administration.
29 (b) The administration shall manage all school and institutional trust lands and assets
30 within the state, except as otherwise provided in Chapter 3 of this title and Section 51-7-12 .
31 (2) The administration is an independent state agency and not a division of any other
32 department.
33 (3) (a) It is subject to the usual legislative and executive department controls except as
34 [follows:] provided in this Subsection (3).
35 [(i) (A) the] (b) (i) The director may make rules as approved by the board that allow
36 the administration to classify a business proposal submitted to the administration as protected
37 under Section 63-2-304 , for as long as is necessary to evaluate the [proposals;] proposal.
38 [(B) the] (ii) The administration shall return the proposal to the party who submitted
39 the proposal, and incur no further duties under Title 63, Chapter 2, Government Records
40 Access and Management Act, if the administration determines not to proceed with the
41 proposal[;].
42 [(C) the] (iii) The administration shall classify the proposal pursuant to law if it
43 decides to proceed with the proposal[; and].
44 [(D)] (iv) Section 63-2-403 does not apply during the review period[;].
45 [(ii) the] (c) The director shall make rules in compliance with Title 63, Chapter 46a,
46 Utah Administrative Rulemaking Act, except that the director, with the board's approval, may
47 establish a procedure for the expedited approval of rules, based on written findings by the
48 director showing:
49 [(A)] (i) the changes in business opportunities affecting the assets of the trust;
50 [(B)] (ii) the specific business opportunity arising out of those changes which may be
51 lost without the rule or changes to the rule;
52 [(C)] (iii) the reasons the normal procedures under Section 63-46a-4 cannot be met
53 without causing the loss of the specific opportunity;
54 [(D)] (iv) approval by at least five board members; and
55 [(E)] (v) that the director has filed a copy of the rule and a rule analysis, stating the
56 specific reasons and justifications for its findings, with the Division of Administrative Rules
57 and notified interested parties as provided in Subsection 63-46a-4 (7)[; and].
58 [(iii) the] (d) (i) The administration shall comply with Title 67, Chapter 19, Utah State

59 Personnel Management Act, except as [follows:] provided in this Subsection (3)(d).
60 [(A) the] (ii) The board may approve, upon recommendation of the director, that
61 exemption for specific positions under Subsections 67-19-12 (2) and 67-19-15 (1) is required in
62 order to enable the administration to efficiently fulfill its responsibilities under the law. The
63 director shall consult with the director of the Department of Human Resource Management
64 prior to making such a recommendation.
65 (iii) The positions of director, deputy director, associate director, assistant director,
66 legal counsel appointed under [Subsection] Section 53C-1-305 [(2)], administrative assistant,
67 and public affairs officer are exempt under Subsections 67-19-12 (2) and 67-19-15 (1)[;].
68 [(B) salary] (iv) Salaries for exempted positions, except for the director, shall be set by
69 the director, after consultation with the director of the Department of Human Resource
70 Management, within ranges approved by the board. The board and director shall consider
71 salaries for similar positions in private enterprise and other public employment when setting
72 salary ranges[; and].
73 [(C) the] (v) The board may create an annual incentive and bonus plan for the director
74 and other administration employees designated by the board, based upon the attainment of
75 financial performance goals and other measurable criteria defined and budgeted in advance by
76 the board[; and].
77 [(iv) the] (e) The administration shall comply with Title 63, Chapter 56, Utah
78 Procurement Code, except where the board approves, upon recommendation of the director,
79 exemption from the Utah Procurement Code, and simultaneous adoption of policies for
80 procurement, which enable the administration to efficiently fulfill its responsibilities under the
81 law.
82 [(b)] (f) (i) The board and director shall review the exceptions under this Subsection
83 (3)[(a)] and make recommendations for any modification, if required, which the Legislature
84 would be asked to consider during its annual general session.
85 (ii) The board and director may include in their recommendations any other proposed
86 exceptions from the usual executive and legislative controls the board and director consider
87 necessary to accomplish the purpose of this title.
88 (4) The administration is managed by a director of school and institutional trust lands
89 appointed by a majority vote of the board of trustees with the consent of the governor.

90 (5) (a) The board of trustees shall provide policies for the management of the
91 administration and for the management of trust lands and assets.
92 (b) The board shall provide policies for the ownership and control of Native American
93 remains that are discovered or excavated on school and institutional trust lands in consultation
94 with the Division of Indian Affairs and giving due consideration to Title 9, Chapter 9, Part 4,
95 Native American Grave Protection and Repatriation Act.
96 (6) In connection with joint ventures for the development of trust lands and minerals
97 approved by the board under [Subsections] Sections 53C-1-303 [(4)(c)] and 53C-2-401 [(1)(d)],
98 the administration may become a member of a limited liability company under Title 48,
99 Chapter 2c, Utah Revised Limited Liability Company Act, and is considered a person under
100 Section 48-2c-102 [for such purposes].




Legislative Review Note
as of 12-17-03 2:30 PM

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

Office of Legislative Research and General Counsel