First Substitute S.B. 264

Senator Sheldon L. Killpack proposes the following substitute bill:

1 DEVELOPMENT AROUND MILITARY
2 INSTALLATIONS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Sheldon L. Killpack
6 House Sponsor: Brad L. Dee
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions relating to the Military Installation Development
11 Authority.
12 Highlighted Provisions:
13 This bill:
14 . authorizes the Military Installation Development Authority to:
15 . enter into an agreement with a political subdivision to receive municipal
16 services in a project area;
17 . exercise powers and perform functions, as authorized under a contract with the
18 federal government; and
19 . amend a project area plan;
20 . clarifies that the employees that the Military Installation Development Authority is
21 authorized to hire includes contract employees; and
22 . makes allowable uses of tax increment applicable to other authority funds.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:

26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 63H-1-201, as enacted by Laws of Utah 2007, Chapter 23
30 63H-1-502, as enacted by Laws of Utah 2007, Chapter 23
31 ENACTS:
32 63H-1-403.5, Utah Code Annotated 1953
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 63H-1-201 is amended to read:
36 63H-1-201. Creation of Military Installation Development Authority.
37 (1) There is created a Military Installation Development Authority.
38 (2) The authority is an independent, nonprofit, separate body corporate and politic,
39 with perpetual succession.
40 (3) The authority may:
41 (a) sue and be sued;
42 (b) enter into contracts generally;
43 (c) buy, obtain an option upon, or otherwise acquire any interest in real or personal
44 property within the boundaries of a military installation;
45 (d) sell, convey, grant, dispose of by gift, or otherwise dispose of any interest in real or
46 personal property;
47 (e) enter into a lease agreement on real or personal property, either as lessee or lessor,
48 within the boundaries of a military installation;
49 (f) provide for the development of military land under contracts with the federal
50 government;
51 (g) exercise powers and perform functions under a contract with the federal
52 government, as authorized in that contract;
53 [(g)] (h) receive tax increment as provided in this chapter;
54 [(h)] (i) accept financial or other assistance from any public or private source for the
55 authority's activities, powers, and duties, and expend any funds so received for any of the
56 purposes of this chapter;

57 [(i)] (j) borrow money or accept financial or other assistance from the federal
58 government, a public entity, or any other source for any of the purposes of this chapter and
59 comply with any conditions of the loan or assistance;
60 [(j)] (k) issue bonds to finance the undertaking of any development objectives of the
61 authority;
62 [(k)] (l) hire employees, including contract employees;
63 [(l)] (m) transact other business and exercise all other powers provided for in this
64 chapter; [and]
65 [(m)] (n) enter into a partnership agreement with a developer of military land[.]; and
66 (o) enter into an agreement with a political subdivision of the state under which the
67 political subdivision provides one or more municipal services within a project area.
68 Section 2. Section 63H-1-403.5 is enacted to read:
69 63H-1-403.5. Amendment to a project area plan.
70 (1) The authority may amend a project area plan by following the same procedure
71 under this part as applies to the adoption of a project area plan.
72 (2) The provisions of this part apply to the authority's adoption of an amendment to a
73 project area plan to the same extent as they apply to the adoption of a project area plan.
74 Section 3. Section 63H-1-502 is amended to read:
75 Part 5. Authority Funds
76 63H-1-502. Allowable uses of tax increment and other funds.
77 (1) The authority may use tax increment and other funds available to the authority:
78 (a) for any of the purposes for which the use of tax increment is authorized under this
79 chapter;
80 (b) for administrative, overhead, legal, and other operating expenses of the authority;
81 (c) to pay for, including financing or refinancing, all or part of the development of
82 military land;
83 (d) to pay the cost of the installation and construction of any publicly owned building,
84 facility, structure, landscaping, or other improvement within the project area from which the
85 tax increment funds were collected;
86 (e) to pay the cost of the installation of infrastructure and improvements outside the
87 project area from which the tax increment funds were collected if the authority board

88 determines by resolution that the infrastructure and improvements are of benefit to the project
89 area; and
90 (f) to pay the principal of and interest on bonds issued by the authority.
91 (2) The determination of the authority board under Subsection (1)(e) regarding benefit
92 to the project area shall be final and conclusive.