First Substitute H.B. 145
8 LONG TITLE
9 General Description:
10 This bill enacts provisions relating to the potential privatization of the operation of state
11 golf courses.
12 Highlighted Provisions:
13 This bill:
14 . requires the Division of Purchasing and General Services to hire a golf course
15 consultant to help with the process of determining whether to privatize the
16 operations of state golf courses;
17 . provides a process for issuing a request for proposals for the private operation of
18 state golf courses and for evaluating proposals submitted in response to the request;
20 . modifies powers and duties of the Division of Parks and Recreation.
21 Money Appropriated in this Bill:
23 Other Special Clauses:
24 This bill provides an immediate effective date.
25 This bill provides revisor instructions.
26 Utah Code Sections Affected:
28 79-4-203 , as last amended by Laws of Utah 2012, Chapter 347
30 63A-2-106 , Utah Code Annotated 1953
31 Utah Code Sections Affected by Revisor Instructions:
32 63A-2-106 , Utah Code Annotated 1953
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 63A-2-106 is enacted to read:
36 63A-2-106. Privatization of state golf course operations.
37 (1) As used in this section:
38 (a) "Golf course consultant" means a person with demonstrated expertise in the private
39 operation of a golf course.
40 (b) "Parks division" means the Division of Parks and Recreation created in Section
41 79-4-201 .
42 (c) "Private golf course operator" means a person in the private sector qualified to
43 operate and maintain state golf courses.
44 (d) "Procurement code" means Title 63G, Chapter 6a, Utah Procurement Code.
45 (e) "Request for proposals" has the same meaning as defined in Section 63G-6a-103 .
46 (f) "State golf courses" means all golf courses that the state owns and that are operated
47 by the parks division.
48 (2) (a) No later than 45 days after the effective date of this section, the division shall, in
49 accordance with the procurement code, hire a golf course consultant to assist the division in the
50 process of preparing a request for proposals for a private golf course operator.
51 (b) The parks division shall pay the golf course consultant's fee from money within the
52 parks division's existing budget.
53 (3) No later than 90 days after the effective date of this section, the division shall, with
54 the assistance of the golf course consultant and in consultation with the parks division, prepare
55 and issue a request for proposals, in accordance with the procurement code and this section,
56 seeking proposals from private golf course operators to operate, maintain, and manage the state
57 golf courses, subject to:
58 (a) any existing contracts for concessions; and
59 (b) any applicable provisions of the Land and Water Conservation Fund Act, 16 U.S.C.
60 Sec. 460l, et seq.
61 (4) A request for proposals under Subsection (3) shall:
62 (a) provide for proposals responding to the request for proposals to be submitted to the
63 division no later than October 15, 2014;
64 (b) require proposals to ensure that the state golf courses will remain devoted to public
65 outdoor recreation uses; and
66 (c) require compliance with the Land and Water Conservation Fund Act, 16 U.S.C.
67 Sec. 460l, et seq.
68 (5) The division shall, in accordance with the procurement code, with the assistance of
69 the golf course consultant, and in consultation with the parks division:
70 (a) evaluate proposals submitted in response to the request for proposals under
71 Subsection (3);
72 (b) identify any proposals that provide better value to the state than continuing the
73 operation of the state golf courses by the parks division; and
74 (c) determine which proposal offers the best value to the state and deliver that proposal
75 to the parks division.
76 (6) Nothing in Subsection (5) may be construed to require the division to conclude that
77 any proposal offers better value to the state than continuing the operation of the state golf
78 courses by the parks division.
79 (7) Within a reasonable time after receiving the proposal and the division's
80 determination under Subsection (5)(c), the parks division shall negotiate a contract with the
81 offeror of that proposal, in accordance with the procurement code, for the operation of the state
82 golf courses.
83 (8) The division shall report on its activities under this section:
84 (a) at each meeting of the Privatization Policy Board, created in Section 63I-4a-202 ,
85 held before the division enters a contract under Subsection (7), and annually thereafter; and
86 (b) to each interim committee of the Legislature that requests the division to make a
88 (9) Nothing in this section may be construed to require action of the division or the
89 parks division if that action would be considered a conversion of one or more of the state golf
90 courses to other than public outdoor recreation uses under the Land and Water Conservation
91 Fund Act, 16 U.S.C. Sec. 460l, et seq.
92 Section 2. Section 79-4-203 is amended to read:
93 79-4-203. Powers and duties of division.
94 (1) As used in this section, "real property" includes land under water, upland, and all
95 other property commonly or legally defined as real property.
96 (2) The Division of Wildlife Resources shall retain the power and jurisdiction
97 conferred upon it by law within state parks and on property controlled by the Division of Parks
98 and Recreation with reference to fish and game.
99 (3) The division shall permit multiple use of state parks and property controlled by it
100 for purposes such as grazing, fishing, hunting, mining, and the development and utilization of
101 water and other natural resources.
102 (4) (a) The division may acquire real and personal property in the name of the state by
103 all legal and proper means, including purchase, gift, devise, eminent domain, lease, exchange,
104 or otherwise, subject to the approval of the executive director and the governor.
105 (b) In acquiring any real or personal property, the credit of the state may not be pledged
106 without the consent of the Legislature.
107 (5) (a) Before acquiring any real property, the division shall notify the county
108 legislative body of the county where the property is situated of its intention to acquire the
110 (b) If the county legislative body requests a hearing within 10 days of receipt of the
111 notice, the division shall hold a public hearing in the county concerning the matter.
112 (6) Acceptance of gifts or devises of land or other property is at the discretion of the
113 division, subject to the approval of the executive director and the governor.
114 (7) The division shall acquire property by eminent domain in the manner authorized by
115 Title 78B, Chapter 6, Part 5, Eminent Domain.
116 (8) (a) The division may make charges for special services and use of facilities, the
117 income from which is available for park and recreation purposes.
118 (b) The division may conduct and operate those services necessary for the comfort and
119 convenience of the public.
120 (9) (a) [
121 of all lawful kinds and nature in state parks and property to persons, partnerships, and
122 corporations for a valuable consideration upon the recommendation of the board.
123 (b) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code, in
124 selecting concessionaires.
125 (10) The division shall proceed without delay to negotiate with the federal government
126 concerning the Weber Basin and other recreation and reclamation projects.
127 (11) The division shall receive and distribute voluntary contributions collected under
128 Section 41-1a-422 in accordance with Section 79-4-404 .
129 (12) The division shall:
130 (a) cooperate with and provide assistance to the Division of Purchasing and General
131 Services, created in Section 63A-2-101 , throughout the process described in Section
132 63A-2-106 relating to privatizing state golf course operations; and
133 (b) as applicable, comply with Subsections 63A-2-106 (2)(b) and (7).
134 Section 3. Effective date.
135 If approved by two-thirds of all the members elected to each house, this bill takes effect
136 upon approval by the governor, or the day following the constitutional time limit of Utah
137 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
138 the date of veto override.
139 Section 4. Revisor instructions.
140 The Legislature intends that the Office of Legislative Research and General Counsel, in
141 preparing the Utah Code database for publication, replace the language "45 days after the
142 effective date of this section" in Subsection 63A-2-106 (2)(a), as enacted in this bill, and the
143 language "90 days after the effective date of this section" in Subsection 63A-2-106 (3), as
144 enacted in this bill, with the actual applicable dates based on the bill's actual effective date.
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