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JOINT RESOLUTION AUTHORIZING THE LEASE OF A

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PORTION OF THE UTAH STATE DEVELOPMENTAL

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CENTER'S LAND

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2016 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Michael S. Kennedy

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Senate Sponsor: Margaret Dayton

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9     LONG TITLE
10     General Description:
11           This joint resolution authorizes a portion of the Utah State Developmental Center's
12     campus to be leased for commercial purposes.
13     Highlighted Provisions:
14          This resolution:
15          ▸      recognizes the important role the Utah State Developmental Center (USDC) plays
16     in the provision of resources and support for disabled individuals with complex or
17     acute needs in Utah;
18          ▸     expresses support for the USDC master plan;
19          ▸     recognizes that the master plan creates a long-term vision for undeveloped property
20     that aligns with the Legislature's original purpose when creating the USDC; and
21          ▸      authorizes approximately 7.7 acres of the northeast corner of the USDC's campus to
22     be leased for commercial purposes in accordance with the master plan.
23     Special Clauses:
24          None
25     

26     Be it resolved by the Legislature of the state of Utah:
27          WHEREAS, Utah Code Section 63A-5-220 requires that the Division of Facilities

28     Construction and Management (DFCM) obtain the approval of the Legislature before offering
29     land or water rights associated with the Utah State Developmental Center (USDC) for sale,
30     exchange, or long-term lease;
31          WHEREAS, in 1929, the Legislature established the Utah State Training Center to
32     assist with the care, protection, treatment, and education of individuals with mental disabilities;
33          WHEREAS, the Utah State Training Center, later known as the USDC, was established
34     during an era when relatively little was known about the causes of mental disabilities;
35          WHEREAS, like other states, Utah built a public institution in a remote location and
36     within a broad perimeter of land that provided a physical barrier between the institution and the
37     nearest rural homes and communities;
38          WHEREAS, since its establishment in 1929, the USDC has evolved and improved
39     regarding what public services should be provided for individuals with mental disabilities and
40     how to provide those services;
41          WHEREAS, since state governments first acknowledged a public interest in and
42     accepted some fiscal responsibility for citizens with disabilities, states have made sweeping
43     changes in the philosophy and practice of providing public services to those citizens;
44          WHEREAS, these paradigm shifts have resulted from a growing knowledge about
45     disabilities, including their causes, prevention, interventions, and accommodations;
46          WHEREAS, also contributing to the paradigm shifts was an improving regard for
47     individuals who experience disabilities, as evidenced by public laws that affirm and promote
48     their rights, an expansion of publicly funded services, and greater inclusion by their
49     communities;
50          WHEREAS, in April 1999, Utah's Lieutenant Governor, Olene Walker, issued a set of
51     guiding principles entitled "Principles to Guide the Delivery of Publicly Funded Services for
52     People with Disabilities in Utah";
53          WHEREAS, these principles were developed by a group of individuals representing the
54     Governor's office, the Legislature, state agencies, service providers, and parent advocates;
55          WHEREAS, the principles were distributed in the community and public comment was
56     received at a meeting conducted by the Lieutenant Governor on April 13, 1999;
57          WHEREAS, the Department of Human Services and the Department of Health
58     subsequently adopted these principles to guide how they provide services;

59          WHEREAS, like providers of community-based services, the USDC is currently
60     working to support and promote more individual-centered services, a greater choice of services
61     and supports, and increased opportunities for inclusion of individuals with mental disabilities
62     in the community;
63          WHEREAS, today, Utah's citizens are served from across the entire state under the
64     direction of the Department of Human Services and the Division of Services for People with
65     Disabilities;
66          WHEREAS, the USDC provides 24-hour residential care, is Utah's only state-operated
67     intermediate care facility for individuals with intellectual disabilities, and takes great pride in
68     serving these most vulnerable of Utah's citizens;
69          WHEREAS, as other providers in the state struggle to provide care for individuals with
70     complex emotional, medical, and behavioral issues, the USDC is in the unique position of
71     providing most of the essential services needed at a single location;
72          WHEREAS, the USDC's development of a master plan to guide its service is central to
73     its present and future success in providing services for individuals with mental disabilities;
74          WHEREAS, the master plan was developed in conjunction with an overall strategic
75     vision for the future use of the USDC;
76          WHEREAS, the strategic planning group included a wide range of stakeholders and the
77     master plan was vetted by conducting over 30 public meetings and planning sessions;
78          WHEREAS, input for the planning process was received from:
79          • individuals living at the USDC and their families;
80          • neighborhoods, counties, and cities surrounding the USDC;
81          • community advocacy groups representing individuals with disabilities; and
82          • community service providers that regularly work with the USDC;
83          WHEREAS, the USDC master plan creates a long-term vision for undeveloped
84     property that is in accordance with the original purpose of the Legislature in creating this
85     resource for Utahns with disabilities;
86          WHEREAS, the master plan provides a long-term revenue source for individuals with
87     disabilities living in Utah, while preserving the original purpose of the land and maximizing
88     development potential;
89          WHEREAS, the master plan was created with a sustainable methodology, including a

90     balance between environmental sensitivity, community connections, artistic beauty, and
91     economic viability;
92          WHEREAS, the USDC's mission is "dedication to providing an array of resources and
93     supports for individuals with disabilities with complex or acute needs in Utah";
94          WHEREAS, the USDC vision is to "provide an effective, efficient array of critical
95     services and supports that promote independence and quality of life for Utah's most vulnerable
96     individuals with disabilities in partnership with families, guardians and the community";
97          WHEREAS, by following the master plan, USDC is in a position to better assist
98     individuals with disabilities to achieve their highest potential in an atmosphere that preserves
99     personal dignity;
100          WHEREAS, the USDC is ready to begin incrementally developing a portion of the
101     USDC campus in accordance with the master plan :
102          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah
103     expresses support for the incremental implementation of the USDC's master plan.
104           BE IT FURTHER RESOLVED that, in accordance with Utah Code Section 63A-5-220,
105     the Legislature authorizes DFCM to enter into a long-term lease for approximately 7.7 acres of
106     land located in the northeast corner of the USDC's campus.






Legislative Review Note
Office of Legislative Research and General Counsel