1     
UTAH SCIENCE CENTER AUTHORITY AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd Weiler

5     
House Sponsor: Kraig Powell

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Independent State Entities title and related provisions by
10     repealing the Utah Science Center Authority.
11     Highlighted Provisions:
12          This bill:
13          ▸     repeals the Utah Science Center Authority, an independent state agency; and
14          ▸     makes technical changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          This bill provides a special effective date.
19     Utah Code Sections Affected:
20     AMENDS:
21          63E-1-102, as last amended by Laws of Utah 2014, Chapters 320, 426, and 426
22          63I-4a-102, as last amended by Laws of Utah 2014, Chapter 320
23          63J-7-102, as last amended by Laws of Utah 2014, Chapter 320
24     REPEALS:
25          63H-3-101, as renumbered and amended by Laws of Utah 2011, Chapter 370
26          63H-3-102, as renumbered and amended by Laws of Utah 2011, Chapter 370
27          63H-3-103, as last amended by Laws of Utah 2012, Chapter 212
28          63H-3-104, as renumbered and amended by Laws of Utah 2011, Chapter 370
29          63H-3-105, as renumbered and amended by Laws of Utah 2011, Chapter 370
30          63H-3-106, as renumbered and amended by Laws of Utah 2011, Chapter 370
31          63H-3-107, as renumbered and amended by Laws of Utah 2011, Chapter 370
32          63H-3-108, as renumbered and amended by Laws of Utah 2011, Chapter 370
33          63H-3-109, as last amended by Laws of Utah 2012, Chapter 347
34          63H-3-110, as renumbered and amended by Laws of Utah 2011, Chapter 370
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 63E-1-102 is amended to read:
38          63E-1-102. Definitions -- List of independent entities.
39          As used in this title:
40          (1) "Authorizing statute" means the statute creating an entity as an independent entity.
41          (2) "Committee" means the Retirement and Independent Entities Committee created by
42     Section 63E-1-201.
43          (3) "Independent corporation" means a corporation incorporated in accordance with
44     Chapter 2, Independent Corporations Act.
45          (4) (a) "Independent entity" means an entity having a public purpose relating to the
46     state or its citizens that is individually created by the state or is given by the state the right to
47     exist and conduct its affairs as an:
48          (i) independent state agency; or
49          (ii) independent corporation.
50          (b) "Independent entity" includes the:
51          (i) Utah Dairy Commission created by Section 4-22-2;
52          (ii) Heber Valley Historic Railroad Authority created by Section 63H-4-102;
53          (iii) Utah State Railroad Museum Authority created by Section 63H-5-102;
54          [(iv) Utah Science Center Authority created by Section 63H-3-103;]
55          [(v)] (iv) Utah Housing Corporation created by Section 35A-8-704;
56          [(vi)] (v) Utah State Fair Corporation created by Section 63H-6-103;
57          [(vii)] (vi) Workers' Compensation Fund created by Section 31A-33-102;
58          [(viii)] (vii) Utah State Retirement Office created by Section 49-11-201;
59          [(ix)] (viii) School and Institutional Trust Lands Administration created by Section
60     53C-1-201;
61          [(x)] (ix) School and Institutional Trust Fund Office created by Section 53D-1-201;
62          [(xi)] (x) Utah Communications Authority created [in] by Section 63H-7-201;
63          [(xii)] (xi) Utah Energy Infrastructure Authority created by Section 63H-2-201;
64          [(xiii)] (xii) Utah Capital Investment Corporation created by Section 63M-1-1207; and
65          [(xiv)] (xiii) Military Installation Development Authority created by Section
66     63H-1-201.
67          (c) Notwithstanding this Subsection (4), "independent entity" does not include:
68          (i) the Public Service Commission of Utah created by Section 54-1-1;
69          (ii) an institution within the state system of higher education;
70          (iii) a city, county, or town;
71          (iv) a local school district;
72          (v) a local district under Title 17B, Limited Purpose Local Government Entities - Local
73     Districts; or
74          (vi) a special service district under Title 17D, Chapter 1, Special Service District Act.
75          (5) "Independent state agency" means an entity that is created by the state, but is
76     independent of the governor's direct supervisory control.
77          (6) "Money held in trust" means money maintained for the benefit of:
78          (a) one or more private individuals, including public employees;
79          (b) one or more public or private entities; or
80          (c) the owners of a quasi-public corporation.
81          (7) "Public corporation" means an artificial person, public in ownership, individually
82     created by the state as a body politic and corporate for the administration of a public purpose
83     relating to the state or its citizens.
84          (8) "Quasi-public corporation" means an artificial person, private in ownership,
85     individually created as a corporation by the state, which has accepted from the state the grant of
86     a franchise or contract involving the performance of a public purpose relating to the state or its
87     citizens.
88          Section 2. Section 63I-4a-102 is amended to read:
89          63I-4a-102. Definitions.
90          (1) (a) "Activity" means to provide a good or service.
91          (b) "Activity" includes to:
92          (i) manufacture a good or service;
93          (ii) process a good or service;
94          (iii) sell a good or service;
95          (iv) offer for sale a good or service;
96          (v) rent a good or service;
97          (vi) lease a good or service;
98          (vii) deliver a good or service;
99          (viii) distribute a good or service; or
100          (ix) advertise a good or service.
101          (2) (a) Except as provided in Subsection (2)(b), "agency" means:
102          (i) the state; or
103          (ii) an entity of the state including a department, office, division, authority,
104     commission, or board.
105          (b) "Agency" does not include:
106          (i) the Legislature;
107          (ii) an entity or agency of the Legislature;
108          (iii) the state auditor;
109          (iv) the state treasurer;
110          (v) the Office of the Attorney General;
111          (vi) the Utah Dairy Commission created in [Title 4, Chapter 22, Dairy Promotion Act]
112     Section 4-22-2;
113          [(vii) the Utah Science Center Authority created in Title 63H, Chapter 3, Utah Science
114     Center Authority;]
115          [(viii)] (vii) the Heber Valley Historic Railroad Authority created in [Title 63H,
116     Chapter 4, Heber Valley Historic Railroad Authority] Section 63H-4-102;
117          [(ix)] (viii) the Utah State Railroad Museum Authority created in [Title 63H, Chapter
118     5, Utah State Railroad Museum Authority] Section 63H-5-102;
119          [(x)] (ix) the Utah Housing Corporation created in [Title 35A, Chapter 8, Part 7, Utah
120     Housing Corporation Act] Section 35A-8-704;
121          [(xi)] (x) the Utah State Fair Corporation created in [Title 63H, Chapter 6, Utah State
122     Fair Corporation Act] Section 63H-6-103;
123          [(xii)] (xi) the Workers' Compensation Fund created in [Title 31A, Chapter 33,
124     Workers' Compensation Fund] Section 31A-33-102;
125          [(xiii)] (xii) the Utah State Retirement Office created in [Title 49, Chapter 11, Utah
126     State Retirement Systems Administration] Section 49-11-201;
127          [(xiv)] (xiii) a charter school chartered by the State Charter School Board or a board of
128     trustees of a higher education institution under Title 53A, Chapter 1a, Part 5, The Utah Charter
129     Schools Act;
130          [(xv)] (xiv) the Utah Schools for the Deaf and the Blind created in Title 53A, Chapter
131     25b, Utah Schools for the Deaf and the Blind;
132          [(xvi)] (xv) an institution of higher education as defined in Section 53B-3-102;
133          [(xvii)] (xvi) the School and Institutional Trust Lands Administration created in [Title
134     53C, Chapter 1, Part 2, School and Institutional Trust Lands Administration] Section
135     53C-1-201;
136          [(xviii)] (xvii) the Utah Communications Authority created in [Title 63H, Chapter 7,
137     Utah Communications Authority Act] Section 63H-7-201; or
138          [(xix)] (xviii) the Utah Capital Investment Corporation created in [Title 63M, Chapter
139     1, Part 12, Utah Venture Capital Enhancement Act] Section 63M-1-1207.
140          (3) "Agency head" means the chief administrative officer of an agency.
141          (4) "Board" means the Free Market Protection and Privatization Board created in
142     Section 63I-4a-202.
143          (5) "Commercial activity" means to engage in an activity that can be obtained in whole
144     or in part from a private enterprise.
145          (6) "Local entity" means:
146          (a) a political subdivision of the state, including a:
147          (i) county;
148          (ii) city;
149          (iii) town;
150          (iv) local school district;
151          (v) local district; or
152          (vi) special service district;
153          (b) an agency of an entity described in this Subsection (6), including a department,
154     office, division, authority, commission, or board; or
155          (c) an entity created by an interlocal cooperative agreement under Title 11, Chapter 13,
156     Interlocal Cooperation Act, between two or more entities described in this Subsection (6).
157          (7) "Private enterprise" means a person that engages in an activity for profit.
158          (8) "Privatize" means that an activity engaged in by an agency is transferred so that a
159     private enterprise engages in the activity, including a transfer by:
160          (a) contract;
161          (b) transfer of property; or
162          (c) another arrangement.
163          (9) "Special district" means:
164          (a) a local district, as defined in Section 17B-1-102;
165          (b) a special service district, as defined in Section 17D-1-102; or
166          (c) a conservation district, as defined in Section 17D-3-102.
167          Section 3. Section 63J-7-102 is amended to read:
168          63J-7-102. Scope and applicability of chapter.
169          (1) Except as provided in Subsection (2), and except as otherwise provided by a statute
170     superseding provisions of this chapter by explicit reference to this chapter, the provisions of
171     this chapter apply to each agency and govern each grant received on or after May 5, 2008.
172          (2) This chapter does not govern:
173          (a) a grant deposited into a General Fund restricted account;
174          (b) a grant deposited into a Trust and Agency Fund as defined in Section 51-5-4;
175          (c) a grant deposited into an Enterprise Fund as defined in Section 51-5-4;
176          (d) a grant made to the state without a restriction or other designated purpose that is
177     deposited into the General Fund as free revenue;
178          (e) a grant made to the state that is restricted only to "education" and that is deposited
179     into the Education Fund or Uniform School Fund as free revenue;
180          (f) in-kind donations;
181          (g) a tax, fees, penalty, fine, surcharge, money judgment, or other money due the state
182     when required by state law or application of state law;
183          (h) a contribution made under Title 59, Chapter 10, Part 13, Individual Income Tax
184     Contribution Act;
185          (i) a grant received by an agency from another agency or political subdivision;
186          (j) a grant to the Utah Dairy Commission created in [Title 4, Chapter 22, Dairy
187     Promotion Act] Section 4-22-2;
188          [(k) a grant to the Utah Science Center Authority created in Title 63H, Chapter 3, Utah
189     Science Center Authority;]
190          [(l)] (k) a grant to the Heber Valley Historic Railroad Authority created in [Title 63H,
191     Chapter 4, Heber Valley Historic Railroad Authority] Section 63H-4-102;
192          [(m)] (l) a grant to the Utah State Railroad Museum Authority created in [Title 63H,
193     Chapter 5, Utah State Railroad Museum Authority] Section 63H-5-102;
194          [(n)] (m) a grant to the Utah Housing Corporation created in [Title 35A, Chapter 8,
195     Part 7, Utah Housing Corporation Act] Section 35A-8-704;
196          [(o)] (n) a grant to the Utah State Fair Corporation created in [Title 63H, Chapter 6,
197     Utah State Fair Corporation Act] Section 63H-6-103;
198          [(p)] (o) a grant to the Workers' Compensation Fund created in [Title 31A, Chapter 33,
199     Workers' Compensation Fund] Section 31A-33-102;
200          [(q)] (p) a grant to the Utah State Retirement Office created in [Title 49, Chapter 11,
201     Utah State Retirement Systems Administration] Section 49-11-201;
202          [(r)] (q) a grant to the School and Institutional Trust Lands Administration created in
203     [Title 53C, Chapter 1, Part 2, School and Institutional Trust Lands Administration] Section
204     53C-1-201;
205          [(s)] (r) a grant to the Utah Communications Authority created in [Title 63H, Chapter
206     7, Utah Communications Authority Act] Section 63H-7-201;
207          [(t)] (s) a grant to the Medical Education Program created in Section 53B-24-202;
208          [(u)] (t) a grant to the Utah Capital Investment Corporation created in [Title 63M,
209     Chapter 1, Part 12, Utah Venture Capital Enhancement Act] Section 63M-1-1207;
210          [(v)] (u) a grant to the Utah Charter School Finance Authority created in Section
211     53A-20b-103;
212          [(w)] (v) a grant to the State Building Ownership Authority created in Section
213     63B-1-304;
214          [(x)] (w) a grant to the Utah Comprehensive Health Insurance Pool created in Section
215     31A-29-104; or
216          [(y)] (x) a grant to the Military Installation Development Authority created in Section
217     63H-1-201.
218          (3) An agency need not seek legislative review or approval of grants under Part 2,
219     Grant Approval Requirements, if:
220          (a) the governor has declared a state of emergency; and
221          (b) the grant is donated to the agency to assist victims of the state of emergency under
222     Subsection 53-2a-204(1).
223          Section 4. Repealer.
224          This bill repeals:
225          Section 63H-3-101, Short title.
226          Section 63H-3-102, Legislative findings -- State purpose.
227          Section 63H-3-103, Creation -- Members -- Chair -- Powers -- Quorum -- Per diem
228     and expenses.
229          Section 63H-3-104, Executive director -- Powers and duties.
230          Section 63H-3-105, Member or employee -- Disclosure of interest.
231          Section 63H-3-106, Officer or employee -- No forfeiture of office or employment.
232          Section 63H-3-107, Authority -- Powers.
233          Section 63H-3-108, Actions on validity or enforceability of bonds -- Time for
234     bringing action.
235          Section 63H-3-109, Relation to certain acts.
236          Section 63H-3-110, Sales tax exemption.
237          Section 5. Effective date.
238          This bill takes effect on July 1, 2015.




Legislative Review Note
     as of 12-3-14 11:19 AM

Office of Legislative Research and General Counsel