S.B. 268

This document includes House Floor Amendments incorporated into the bill on Wed, Mar 12, 2014 at 9:40 PM by jeyring. --> 1

PRISON RELOCATION COMMISSION
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jerry W. Stevenson
5 House Sponsor: Brad R. Wilson
6
7 LONG TITLE
8 General Description:
9 This bill addresses the creation of a Prison Relocation Commission.
10 Highlighted Provisions:
11 This bill:
12 . enacts provisions creating the Prison Relocation Commission;
13 . provides for commission membership, duties, and responsibilities;
14 . requires the commission to study and make recommendations on how and where to
15 move the state prison; and
16 . provides for the repeal of commission provisions.
17 Money Appropriated in this Bill:
18 This bill appropriates in fiscal year 2013-14:
19 . to the Senate, as a one-time appropriation:
20 . from the General Fund, $14,000, to pay salaries of senators serving on the
21 Prison Relocation Commission;
22 . to the House of Representatives, as a one-time appropriation:
23 . from the General Fund, $19,000, to pay salaries of representatives serving on
24 the Prison Relocation Commission;
25 . to the Office of Legislative Research and General Counsel, as a one-time
26 appropriation:
27 . from the General Fund, $50,000, to pay for staff services for the Prison

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House Floor Amendments 3-12-2014 je/rhr 28

Relocation Commission; and
29 . to the Division of Facilities Construction and Management, as a one-time
30 appropriation:
31 . from the General Fund, H. [ $5,000,000 ] $3,417,000 .H , to pay for new prison
31a siting H. and for other .H services.
32 Other Special Clauses:
33 This bill provides an immediate effective date.
34 Utah Code Sections Affected:
35 AMENDS:
36 63I-1-263, as last amended by Laws of Utah 2013, Chapters 28, 62, 101, 167, 250, and
37 413
38 ENACTS:
39 63C-15-101, Utah Code Annotated 1953
40 63C-15-102, Utah Code Annotated 1953
41 63C-15-201, Utah Code Annotated 1953
42 63C-15-202, Utah Code Annotated 1953
43 63C-15-203, Utah Code Annotated 1953
44 63C-15-204, Utah Code Annotated 1953
45
46 Be it enacted by the Legislature of the state of Utah:
47 Section 1. Section 63C-15-101 is enacted to read:
48 CHAPTER 15. PRISON RELOCATION COMMISSION
49 Part 1. General Provisions
50 63C-15-101. Title.
51 This chapter is known as "Prison Relocation Commission."
52 Section 2. Section 63C-15-102 is enacted to read:
53 63C-15-102. Definitions.
54 As used in this chapter:
55 (1) "Commission" means the Prison Relocation Commission, created in Section
56 63C-15-201 .
57 (2) "Department" means the Department of Corrections, created in Section 64-13-2 .
58 (3) "Division" means the Division of Facilities Construction and Management, created

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- 3 - 59 in Section 63A-5-201 .
60 (4) "Justice commission" means the Commission on Criminal and Juvenile Justice,
61 created in Section 63M-7-201 .
62 (5) "State prison" means the prison that the state operates in Salt Lake County.
63 Section 3. Section 63C-15-201 is enacted to read:
64 Part 2. Commission Provisions
65 63C-15-201. Commission created -- Membership -- Cochairs -- Removal --
66 Vacancy.
67 (1) There is created an advisory commission known as the Prison Relocation
68 Commission, composed of:
69 (a) three members of the Senate, appointed by the president of the Senate, no more
70 than two of whom may be from the same political party;
71 (b) four members of the House of Representatives, appointed by the speaker of the
72 House of Representatives, no more than three of whom may be from the same political party;
73 (c) the executive director of the justice commission, appointed under Section
74 63M-7-203 ; and
75 (d) the executive director of the department, appointed under Section 64-13-3 , or the
76 executive director's designee.
77 (2) The commission members from the Senate and House of Representatives are voting
78 members of the commission, and the members appointed under Subsections (1)(c) and (d) are
79 nonvoting members of the commission.
80 (3) The president of the Senate shall appoint one of the commission members from the
81 Senate as cochair of the commission, and the speaker of the House of Representatives shall
82 appoint one of the commission members from the House of Representatives as cochair of the
83 commission.
84 (4) The president of the Senate may remove a member appointed under Subsection
85 (1)(a), and the speaker of the House of Representatives may remove a member appointed under
86 Subsection (1)(b).
87 (5) A vacancy of a member appointed under Subsection (1)(a) or (b) shall be filled in
88 the same manner as an appointment of the member whose departure from the commission
89 creates the vacancy.

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- 4 - 90 (6) A commission member shall serve until a successor is duly appointed and qualified.
91 Section 4. Section 63C-15-202 is enacted to read:
92 63C-15-202. Quorum and voting requirements -- Bylaws -- Salaries and expenses
93 -- Staff.
94 (1) A majority of the voting commission members constitutes a quorum, and the action
95 of a majority of a quorum constitutes action of the commission.
96 (2) The commission may adopt bylaws to govern its operations and proceedings.
97 (3) (a) Salaries and expenses of commission members who are legislators shall be paid
98 in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislative
99 Compensation.
100 (b) A commission member who is not a legislator may not receive compensation,
101 benefits, per diem, or expense reimbursement for the member's service on the commission.
102 (4) The Office of Legislative Research and General Counsel shall provide staff support
103 to the commission.
104 Section 5. Section 63C-15-203 is enacted to read:
105 63C-15-203. Commission duties and responsibilities.
106 (1) The commission shall:
107 (a) carefully and deliberately consider, study, and evaluate how and where to move the
108 state prison, and in that process:
109 (i) consider whether to locate new prison facilities on land already owned by the state
110 or on land that is currently in other public or private ownership but that the state may acquire or
111 lease, whether to locate new prison facilities at one location or multiple locations, and to what
112 extent future corrections needs may be met by existing state and county facilities; and
113 (ii) take into account relevant objectives, including:
114 (A) coordinating the commission's efforts with the efforts of the justice commission
115 and the department to evaluate criminal justice policies to increase public safety, reduce
116 recidivism, and reduce prison population growth;
117 (B) ensuring that new prison facilities are conducive to future inmate programming that
118 encourages a reduction in recidivism;
119 (C) locating new prison facilities to help facilitate an adequate level of volunteer and
120 staff support that will allow for a correctional program that is commensurate with the high

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House Floor Amendments 3-12-2014 je/rhr 121

standards that should be maintained in the state;
122 (D) locating new prison facilities within a reasonable distance of comprehensive
123 medical facilities;
124 (E) locating new prison facilities to be compatible with surrounding land uses for the
125 foreseeable future;
126 (F) locating new prison facilities with careful consideration given to the concerns of
127 access to courts, visiting and public access, expansion capabilities, emergency response factors,
128 and the availability of infrastructure;
129 (G) supporting new prison facilities by one or more appropriations from the
130 Legislature;
131 (H) developing performance specifications for new prison facilities that facilitate a
132 high quality correctional program;
133 (I) phasing in construction over a period of time; and
134 (J) making every reasonable effort to maximize efficiencies and cost savings that result
135 from building and operating newer, more efficient prison facilities;
136 (b) invite the participation in commission meetings of interested parties, the public,
137 experts in the area of prison facilities, and any others the commission considers to have
138 information or ideas that would be useful to the commission;
139 (c) formulate recommendations concerning:
140 (i) the location or locations to which the new prison facilities should be moved;
141 (ii) the type of facilities that should be constructed to accommodate the prison
142 population and to facilitate implementation of any new corrections programs; and
143 (iii) the extent to which future corrections needs can be met by existing state or county
144 facilities; and
145 (d) before the start of the 2015 General Session of the Legislature, report the
146 commission's recommendations in writing to the Legislature and governor.
147 (2) The commission may:
148 (a) meet as many times as the commission considers necessary or advisable in order to
149 fulfill its responsibilities under this part; H. [ and ] .H
150 (b) hire or direct the hiring of one or more consultants with experience or expertise in a
151 subject under consideration by the commission, to assist the commission in fulfilling its duties

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House Floor Amendments 3-12-2014 je/rhr 152

under this part H. [ . ] ; and
152a (c) in its discretion, elect to succeed to the position of the Prison Relocation and
152b Development Authority under a contract that the Prison Relocation and Development
152c Authority is a party to, subject to applicable contractual provisions. .H
153 (3) The commission may not:
154 (a) consider or evaluate future uses of the property on which the state prison is
155 currently located;
156 (b) make recommendations concerning the future use or development of the land on
157 which the state prison is currently located;
158 (c) make any commitments or enter into any contracts for the acquisition of land for
159 new state prison facilities or regarding the construction of new state prison facilities; or
160 (d) initiate or pursue the procurement of a person to design or construct new prison
161 facilities.
162 Section 6. Section 63C-15-204 is enacted to read:
163 63C-15-204. Other agencies' cooperation and actions.
164 (1) The department and the justice commission shall work cooperatively with the
165 commission to help ensure that the location and nature of new prison facilities that the
166 commission recommends are conducive to and consistent with any anticipated reforms of or
167 changes to the state's corrections system and correction programs.
168 (2) As the commission works to formulate recommendations on how and where to
169 relocate the state prison, the division may, in consultation with the commission, undertake
170 efforts, consistent with the recommendations being formulated by the commission:
171 (a) to develop performance specifications for future prison facilities; and
172 (b) to identify and secure the rights to land that appears to be suitable for future prison
173 facilities.
174 (3) All state agencies and political subdivisions of the state shall, upon the
175 commission's request:
176 (a) reasonably cooperate with the commission to facilitate the fulfillment of its
177 responsibilities; and
178 (b) provide information or assistance that the commission reasonably needs in order to
179 fulfill its responsibilities.
180 Section 7. Section 63I-1-263 is amended to read:
181 63I-1-263. Repeal dates, Titles 63A to 63M.
182 (1) Section 63A-4-204 , authorizing the Risk Management Fund to provide coverage to

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- 7 - 183 any public school district which chooses to participate, is repealed July 1, 2016.
184 (2) Subsections 63A-5-104 (4)(d) and (e) are repealed on July 1, 2014.
185 (3) Section 63A-5-603 , State Facility Energy Efficiency Fund, is repealed July 1, 2016.
186 (4) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
187 1, 2018.
188 (5) Section 53B-24-402 , rural residency training program, is repealed July 1, 2015.
189 (6) Title 63C, Chapter 13, Prison Relocation and Development Authority Act, is
190 repealed July 1, 2014.
191 (7) Title 63C, Chapter 14, Federal Funds Commission, is repealed July 1, 2018.
192 (8) Title 63C, Chapter 15, Prison Relocation Commission, is repealed July 1, 2017.
193 [(8)] (9) Subsection 63G-6a-1402 (7) authorizing certain transportation agencies to
194 award a contract for a design-build transportation project in certain circumstances, is repealed
195 July 1, 2015.
196 [(9)] (10) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed
197 July 1, 2020.
198 [(10)] (11) The Resource Development Coordinating Committee, created in Section
199 63J-4-501 , is repealed July 1, 2015.
200 [(11)] (12) Title 63M, Chapter 1, Part 4, Enterprise Zone Act, is repealed July 1, 2018.
201 [(12)] (13) (a) Title 63M, Chapter 1, Part 11, Recycling Market Development Zone
202 Act, is repealed January 1, 2021.
203 (b) Subject to Subsection [(12)] (13)(c), Sections 59-7-610 and 59-10-1007 regarding
204 tax credits for certain persons in recycling market development zones, are repealed for taxable
205 years beginning on or after January 1, 2021.
206 (c) A person may not claim a tax credit under Section 59-7-610 or 59-10-1007 :
207 (i) for the purchase price of machinery or equipment described in Section 59-7-610 or
208 59-10-1007 , if the machinery or equipment is purchased on or after January 1, 2021; or
209 (ii) for an expenditure described in Subsection 59-7-610 (1)(b) or 59-10-1007 (1)(b), if
210 the expenditure is made on or after January 1, 2021.
211 (d) Notwithstanding Subsections [(12)] (13)(b) and (c), a person may carry forward a
212 tax credit in accordance with Section 59-7-610 or 59-10-1007 if:
213 (i) the person is entitled to a tax credit under Section 59-7-610 or 59-10-1007 ; and

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- 8 - 214 (ii) (A) for the purchase price of machinery or equipment described in Section
215 59-7-610 or 59-10-1007 , the machinery or equipment is purchased on or before December 31,
216 2020; or
217 (B) for an expenditure described in Subsection 59-7-610 (1)(b) or 59-10-1007 (1)(b), the
218 expenditure is made on or before December 31, 2020.
219 [(13)] (14) (a) Section 63M-1-2507 , Health Care Compact is repealed on July 1, 2014.
220 (b) (i) The Legislature shall, before reauthorizing the Health Care Compact:
221 (A) direct the Health System Reform Task Force to evaluate the issues listed in
222 Subsection [(13)] (14)(b)(ii), and by January 1, 2013, develop and recommend criteria for the
223 Legislature to use to negotiate the terms of the Health Care Compact; and
224 (B) prior to July 1, 2014, seek amendments to the Health Care Compact among the
225 member states that the Legislature determines are appropriate after considering the
226 recommendations of the Health System Reform Task Force.
227 (ii) The Health System Reform Task Force shall evaluate and develop criteria for the
228 Legislature regarding:
229 (A) the impact of the Supreme Court ruling on the Affordable Care Act;
230 (B) whether Utah is likely to be required to implement any part of the Affordable Care
231 Act prior to negotiating the compact with the federal government, such as Medicaid expansion
232 in 2014;
233 (C) whether the compact's current funding formula, based on adjusted 2010 state
234 expenditures, is the best formula for Utah and other state compact members to use for
235 establishing the block grants from the federal government;
236 (D) whether the compact's calculation of current year inflation adjustment factor,
237 without consideration of the regional medical inflation rate in the current year, is adequate to
238 protect the state from increased costs associated with administering a state based Medicaid and
239 a state based Medicare program;
240 (E) whether the state has the flexibility it needs under the compact to implement and
241 fund state based initiatives, or whether the compact requires uniformity across member states
242 that does not benefit Utah;
243 (F) whether the state has the option under the compact to refuse to take over the federal
244 Medicare program;

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- 9 - 245 (G) whether a state based Medicare program would provide better benefits to the
246 elderly and disabled citizens of the state than a federally run Medicare program;
247 (H) whether the state has the infrastructure necessary to implement and administer a
248 better state based Medicare program;
249 (I) whether the compact appropriately delegates policy decisions between the
250 legislative and executive branches of government regarding the development and
251 implementation of the compact with other states and the federal government; and
252 (J) the impact on public health activities, including communicable disease surveillance
253 and epidemiology.
254 [(14)] (15) The Crime Victim Reparations and Assistance Board, created in Section
255 63M-7-504 , is repealed July 1, 2017.
256 [(15)] (16) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
257 2017.
258 Section 8. Appropriation.
259 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
260 the fiscal year beginning July 1, 2013 and ending June 30, 2014, the following sums of money
261 are appropriated from resources not otherwise appropriated, or reduced from amounts
262 previously appropriated, out of the funds or accounts indicated. These are additions to any
263 amounts previously appropriated for fiscal year 2014.
264 To Legislature - Senate
265 From General Fund, one-time

$14,000

266 Schedule of Programs:
267 Administration $14,000
268 To Legislature - House of Representatives
269 From General Fund, one-time

$19,000

270 Schedule of Programs:
271 Administration $19,000
272 To Legislature - Office of Legislative Research
273 and General Counsel
274 From General Fund, one-time

$50,000

275 Schedule of Programs:

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House Floor Amendments 3-12-2014 je/rhr 276

Administration $50,000
277 To Administrative Services - DFCM Administration H. [ $5,000,000 ] $3,417,000.H
278 From General Fund, one-time
279 Schedule of Programs:
280 DFCM Administration H. [ $5,000,000 ] $3,417,000 .H
281 The Legislature intends that the appropriation of H. [ $5,000,000 ] $3,417,000 .H to the
281a Division of
282 Facilities Construction and Management be used H. [ for ] by the division, in cooperation and
282a consultation with the Prison Relocation Commission, in fulfilling the division's responsibilities
282b under Subsection 63C-15-204(2), including the .H analysis and selection of, H. [ and ] .H
282c planning
283 related to, H. and securing the rights to land suitable for .H one or more new prison sites.
283a Under terms of Subsection 63J-1-603 (3)(a), the
284 Legislature intends that the H. [ $5,000,000 ] $3,417,000 .H appropriation provided in this bill not
284a lapse at the close
285 of fiscal year 2014. The use of any nonlapsing funds is limited to the analysis and selection of,
286 H. [ and ] .H planning related to, H. and securing the rights to land suitable for .H one or
286a more new prison sites.
287 Section 9. Effective date.
288 If approved by two-thirds of all the members elected to each house, this bill takes effect
289 upon approval by the governor, or the day following the constitutional time limit of Utah
290 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
291 the date of veto override.

Legislative Review Note
as of 3-4-14 6:01 AM

Office of Legislative Research and General Counsel