First Substitute H.B. 445

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Thu, Mar 10, 2011 at 7:04 PM by rday. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Thu, Mar 10, 2011 at 9:05 PM by lwells. -->

Representative Gregory H. Hughes proposes the following substitute bill:

1 PRISON RELOCATION AND DEVELOPMENT
2 AUTHORITY ACT
3 2011 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Gregory H. Hughes
6 Senate Sponsor: Curtis S. Bramble
7
8 LONG TITLE
9 General Description:
10 This bill enacts the Prison Relocation and Development Authority Act.
11 Highlighted Provisions:
12 This bill:
13 . creates the prison relocation and development authority with its membership;
14 . provides duties for the prison relocation and development authority; and
15 . provides for authority staff and expenses.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 63I-1-263, as last amended by Laws of Utah 2010, Chapters 319 and 358
23 ENACTS:
24 63C-13-101, Utah Code Annotated 1953
25 63C-13-102, Utah Code Annotated 1953

26 63C-13-103, Utah Code Annotated 1953
27 63C-13-104, Utah Code Annotated 1953
28 63C-13-105, Utah Code Annotated 1953
29 63C-13-106, Utah Code Annotated 1953
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 63C-13-101 is enacted to read:
33 CHAPTER 13. PRISON RELOCATION AND DEVELOPMENT AUTHORITY ACT
34 63C-13-101. Title.
35 This chapter is known as the "Prison Relocation and Development Authority Act."
36 Section 2. Section 63C-13-102 is enacted to read:
37 63C-13-102. Definitions.
38 As used in this chapter:
39 (1) "Authority" means the Prison Relocation and Development Authority, created in
40 Section 63C-13-103 .
41 (2) "Prison relocation project" means a project or potential project to relocate the state
42 prison to another suitable location in the state in order to allow private development of the land
43 on which the state prison is presently located, subject to applicable local land use and other
44 ordinances.
45 Section 3. Section 63C-13-103 is enacted to read:
46 63C-13-103. Creation of Prison Relocation and Development Authority --
47 Members.
48 (1) There is created a prison relocation and development authority.
49 (2) (a) The authority consists of S. [ nine ] 10 .S members.
50 (b) S. [ Three ] Two .S members of the authority shall be appointed by the legislative
50a body of the
51 municipality in whose boundary the prison property is presently located.
52 (c) S. [ (i) Five ] Three .S members of the authority shall be appointed by the governor.
53 S. [ (ii) At least one of the members appointed under Subsection (2)(c)(i) shall be from the
54 Governor's Office of Economic Development, at least one shall be from the Division of
55 Facilities Construction and Management, at least one shall be from the Department of
56 Corrections, and at least one shall be from the Governor's Office of Planning and Budget. ] .S

57 (d) One member shall be appointed by the Utah Association of Counties.
57a S. (e) Two members shall be members of the Senate appointed by the president of the Senate.
57b (f) Two members shall be members of the House of Representatives appointed by the
57c speaker of the House of Representatives. .S
58 (3) Any vacancy shall be filled in the same manner under this section as the
59 appointment of the member whose vacancy is being filled.
60 (4) Each member of the authority shall serve until a successor is duly appointed and
61 qualified.
62 (5) A member may not receive compensation for service on the authority.
63 (6) A majority of members present at a meeting constitutes a quorum.
64 Section 4. Section 63C-13-104 is enacted to read:
65 63C-13-104. Authority duties.
66 S. [ (1) As provided in this chapter, the authority shall pursue the feasibility of various
67 options to realize a prison relocation project.
68 (2) ] (1) .S The authority shall:
69 (a) prepare and issue requests inviting interested persons to submit proposals regarding
70 the fulfillment of a prison relocation project; and
71 (b) receive and evaluate any proposals received in response to a request under
72 Subsection S. [ (2) ] (1) .S (a) S. [ . ] ;
72a (c) review and evaluate any proposals relating to a prison relocation project that the
72b executive branch submits; and
72c (d) complete its review and evaluation of proposals within 90 days after receiving
72d proposals.
73 [ (3) ] (2)(a) .S Upon completing its evaluation of proposals submitted concerning a prison
74 relocation project, the authority shall report the results of its evaluation and any
75 recommendations to the S. [ Legislative Management Committee and ] .S governor.
75a S. (b) The process of the authority's issuing requests and reviewing and evaluating proposals
75b is to provide a public forum for considering the feasibility of and proposals for a prison
75c relocation project.
75d (c) The authority's recommendations under Subsection (2)(a) are advisory only.
76 [ (4) ] (3)(a) .S After S. [ the authority makes a report under Subsection (3) and subject to
76a any
77 necessary legislation to implement a proposal, the governor may accept a proposal submitted to
78 the authority without any further process to request and receive proposals for the prison

79 relocation project ] receiving the authority's report under Subsection (3), the governor shall
79a make a recommendation to the Legislative Management Committee with respect to any
79b implementation of a proposal for the prison relocation project .S .
79c S. (b) The acceptance of a proposal and any implementation of a proposal for a prison
79d relocation project are subject to legislative approval. .S
80 Section 5. Section 63C-13-105 is enacted to read:
81 63C-13-105. Authority staff and expenses.
82 The S. [ municipality in whose boundary the prison property is presently located ]
82a Governor's Office of Planning and Budget .S shall:
83 (1) provide any necessary staff support for the authority; and
84 (2) cover authority expenses.
85 Section 6. Section 63C-13-106 is enacted to read:
86 63C-13-106. No effect on local land use authority.
87 Nothing in this chapter may be construed to limit or otherwise affect a municipality's

88 authority under Title 10, Chapter 9a, Municipal Land Use, Development, and Management
89 Act, with respect to the private development of the land on which the state prison is presently
90 located.
91 Section 7. Section 63I-1-263 is amended to read:
92 63I-1-263. Repeal dates, Titles 63 to 63M.
93 (1) Section 63A-4-204 , authorizing the Risk Management Fund to provide coverage to
94 any public school district which chooses to participate, is repealed July 1, 2016.
95 (2) Section 63A-5-603 , State Facility Energy Efficiency Fund, is repealed July 1, 2016.
96 (3) Section 63C-8-106 , Rural residency training program, is repealed July 1, 2015.
97 (4) Title 63C, Chapter 13, Prison Relocation and Development Authority Act, is
98 repealed July 1, 2014.
99 [(4)] (5) Subsection 63G-6-502 (5)(b)(ii) authorizing certain transportation agencies to
100 award a contract for a design-build transportation project in certain circumstances, is repealed
101 July 1, 2015.
102 [(5)] (6) The Resource Development Coordinating Committee, created in Section
103 63J-4-501 , is repealed July 1, 2015.
104 [(6)] (7) Title 63M, Chapter 1, Part 4, Enterprise Zone Act, is repealed July 1, 2018.
105 [(7)] (8) (a) Title 63M, Chapter 1, Part 11, Recycling Market Development Zone Act,
106 is repealed July 1, 2020.
107 (b) Sections 59-7-610 and 59-10-1007 regarding tax credits for certain persons in
108 recycling market development zones, are repealed for taxable years beginning on or after
109 January 1, 2011.
110 (c) Notwithstanding Subsection [(7)] (8)(b), a person may not claim a tax credit under
111 Section 59-7-610 or 59-10-1007 :
112 (i) for the purchase price of machinery or equipment described in Section 59-7-610 or
113 59-10-1007 , if the machinery or equipment is purchased on or after July 1, 2010; or
114 (ii) for an expenditure described in Subsection 59-7-610 (1)(b) or 59-10-1007 (1)(b), if
115 the expenditure is made on or after July 1, 2010.
116 (d) Notwithstanding Subsections [(7)] (8)(b) and (c), a person may carry forward a tax
117 credit in accordance with Section 59-7-610 or 59-10-1007 if:
118 (i) the person is entitled to a tax credit under Section 59-7-610 or 59-10-1007 ; and

119 (ii) (A) for the purchase price of machinery or equipment described in Section
120 59-7-610 or 59-10-1007 , the machinery or equipment is purchased on or before June 30, 2010;
121 or
122 (B) for an expenditure described in Subsection 59-7-610 (1)(b) or 59-10-1007 (1)(b), the
123 expenditure is made on or before June 30, 2010.
124 [(8)] (9) Title 63M, Chapter 7, Part 4, Sentencing Commission, is repealed January 1,
125 2012.
126 [(9)] (10) The Crime Victim Reparations Board, created in Section 63M-7-504 , is
127 repealed July 1, 2017.
128 [(10)] (11) Title 63M, Chapter 8, Utah Commission for Women and Families Act, is
129 repealed July 1, 2011.
130 [(11)] (12) Title 63M, Chapter 9, Families, Agencies, and Communities Together for
131 Children and Youth At Risk Act, is repealed July 1, 2016.
132 [(12)] (13) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
133 2012.