Senator Margaret Dayton proposes the following substitute bill:


1     
STATE REAL PROPERTY AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Margaret Dayton

5     
House Sponsor: Kay J. Christofferson

6     

7     LONG TITLE
8     General Description:
9           This bill establishes notification and protest requirements for a proposed municipal
10     boundary adjustment that affects state-owned real property.
11     Highlighted Provisions:
12          This bill:
13          ▸      requires a municipality to provide notice of a proposed municipal boundary change
14     that affects state-owned real property;
15          ▸     requires the Utah State Developmental Center Board to provide an opinion of a
16     proposed municipal boundary change that affects state-owned real property
17     affiliated with the Utah State Developmental Center;
18          ▸     directs the director of the Division of Facilities and Construction Management to
19     protest a municipal boundary adjustment, under specified circumstances; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          10-2-419, as last amended by Laws of Utah 2010, Chapter 90
28          62A-5-202.5, as enacted by Laws of Utah 2016, Chapter 300
29          63A-5-204, as last amended by Laws of Utah 2017, Chapter 56
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 10-2-419 is amended to read:
33          10-2-419. Boundary adjustment -- Notice and hearing -- Protest.
34          (1) The legislative bodies of two or more municipalities having common boundaries
35     may adjust their common boundaries as provided in this section.
36          (2) [(a)] The legislative body of each municipality intending to adjust a boundary that
37     is common with another municipality shall:
38          [(i)] (a) adopt a resolution indicating the intent of the municipal legislative body to
39     adjust a common boundary;
40          [(ii)] (b) hold a public hearing on the proposed adjustment no less than 60 days after
41     the adoption of the resolution under Subsection (2)(a)[(i); and];
42          [(iii) (A)] (c) publish notice:
43          [(I)] (i) (A) at least once a week for three successive weeks in a newspaper of general
44     circulation within the municipality; or
45          [(II)] (B) if there is no newspaper of general circulation within the municipality, post at
46     least one notice per 1,000 population in places within the municipality that are most likely to
47     give notice to residents of the municipality; and
48          [(B)] (ii) on the Utah Public Notice Website created in Section 63F-1-701 for three
49     weeks[.]; and
50          (d) if the proposed boundary adjustment may cause any part of real property owned by
51     the state to be within the geographic boundary of a different local governmental entity than
52     before the adjustment, provide written notice, at least 50 days before the public hearing
53     described in Subsection (2)(b), to:
54          (i) the title holder of any state-owned real property described in this Subsection (2)(d);
55     and
56          (ii) the Utah State Developmental Center Board, created under Section 62A-5-202, if
57     any state-owned real property described in this Subsection (2)(d) is associated with the Utah
58     State Developmental Center.
59          [(b)] (3) The notice required under [Subsection (2)(a)(iii)] Subsections (2)(c) and (d)
60     shall:
61          [(i)] (a) state that the municipal legislative body has adopted a resolution indicating the
62     municipal legislative body's intent to adjust a boundary that the municipality has in common
63     with another municipality;
64          [(ii)] (b) describe the area proposed to be adjusted;
65          [(iii)] (c) state the date, time, and place of the public hearing required under Subsection
66     [(2)(a)(ii)] (2)(b);
67          [(iv)] (d) state in conspicuous and plain terms that the municipal legislative body will
68     adjust the boundaries unless, at or before the public hearing under Subsection [(2)(a)(ii),
69     written protests] (2)(b), a written protest to the adjustment [are] is filed by [the owners]:
70          (i) an owner of private real property that:
71          (A) is located within the area proposed for adjustment;
72          (B) covers at least 25% of the total private land area within the area proposed for
73     adjustment; and
74          (C) is equal in value to at least 15% of the value of all private real property within the
75     area proposed for adjustment; or
76          (ii) a title holder of state-owned real property described in Subsection (2)(d);
77          [(v)] (e) state that the area that is the subject of the boundary adjustment will, because
78     of the boundary adjustment, be automatically annexed to a local district providing fire
79     protection, paramedic, and emergency services or a local district providing law enforcement
80     service, as the case may be, as provided in Section 17B-1-416, if:
81          [(A)] (i) the municipality to which the area is being added because of the boundary
82     adjustment is entirely within the boundaries of a local district:
83          [(I)] (A) that provides fire protection, paramedic, and emergency services or law
84     enforcement service, respectively; and
85          [(II)] (B) in the creation of which an election was not required because of Subsection
86     17B-1-214(3)(c); and
87          [(B)] (ii) the municipality from which the area is being taken because of the boundary
88     adjustment is not within the boundaries of the local district; and
89          [(vi)] (f) state that the area proposed for annexation to the municipality will be
90     automatically withdrawn from a local district providing fire protection, paramedic, and
91     emergency services, as provided in Subsection 17B-1-502(2), if:
92          [(A)] (i) the municipality to which the area is being added because of the boundary
93     adjustment is not within the boundaries of a local district:
94          [(I)] (A) that provides fire protection, paramedic, and emergency services; and
95          [(II)] (B) in the creation of which an election was not required because of Subsection
96     17B-1-214(3)(c); and
97          [(B)] (ii) the municipality from which the area is being taken because of the boundary
98     adjustment is entirely within the boundaries of the local district.
99          [(c)] (4) The first publication of the notice required under Subsection [(2)(a)(iii)(A)]
100     (2)(c)(i)(A) shall be within 14 days of the municipal legislative body's adoption of a resolution
101     under Subsection (2)(a)[(i)].
102          [(3)] (5) Upon conclusion of the public hearing under Subsection [(2)(a)(ii)] (2)(b), the
103     municipal legislative body may adopt an ordinance approving the adjustment of the common
104     boundary unless, at or before the hearing under Subsection [(2)(a)(ii), written protests] (2)(b), a
105     written protest to the adjustment [have been] is filed with the city recorder or town clerk[, as
106     the case may be, by the owners of private real property that:] by a person described in
107     Subsection (2)(d)(i) or (ii).
108          [(a) is located within the area proposed for adjustment;]
109          [(b) covers at least 25% of the total private land area within the area proposed for
110     adjustment; and]
111          [(c) is equal in value to at least 15% of the value of all private real property within the
112     area proposed for adjustment.]
113          [(4)] (6) The municipal legislative body shall comply with the requirements of Section
114     10-2-425 as if the boundary adjustment were an annexation.
115          [(5)] (7) (a) An ordinance adopted under Subsection [(3)] (5) becomes effective when
116     each municipality involved in the boundary adjustment has adopted an ordinance under
117     Subsection [(3)] (5).
118          (b) The effective date of a boundary adjustment under this section is governed by
119     Section 10-2-425.
120          Section 2. Section 62A-5-202.5 is amended to read:
121          62A-5-202.5. Utah State Developmental Center Board -- Creation -- Membership
122     -- Duties -- Powers.
123          (1) There is created the Utah State Developmental Center Board within the Department
124     of Human Services.
125          (2) The board is composed of nine members as follows:
126          (a) the director of the division or the director's designee;
127          (b) the superintendent of the developmental center or the superintendent's designee;
128          (c) the executive director of the Department of Human Services or the executive
129     director's designee;
130          (d) a resident of the developmental center selected by the superintendent; and
131          (e) five members appointed by the governor with the advice and consent of the Senate
132     as follows:
133          (i) three members of the general public; and
134          (ii) two members who are parents or guardians of individuals who receive services at
135     the developmental center.
136          (3) In making appointments to the board, the governor shall ensure that:
137          (a) no more than three members have immediate family residing at the developmental
138     center; and
139          (b) members represent a variety of geographic areas and economic interests of the state.
140          (4) (a) The governor shall appoint each member described in Subsection (2)(e) for a
141     term of four years.
142          (b) An appointed member may not serve more than two full consecutive terms unless
143     the governor determines that an additional term is in the best interest of the state.
144          (c) Notwithstanding the requirements of Subsections (4)(a) and (b), the governor shall,
145     at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
146     of appointed members are staggered so that approximately half of the appointed members are
147     appointed every two years.
148          (d) Appointed members shall continue in office until the expiration of their terms and
149     until their successors are appointed, which may not exceed 120 days after the formal expiration
150     of a term.
151          (e) When a vacancy occurs in the membership for any reason, the replacement shall be
152     appointed for the unexpired term.
153          (5) (a) The director shall serve as the chair.
154          (b) The board shall appoint a member to serve as vice chair.
155          (c) The board shall hold meetings quarterly or as needed.
156          (d) Five members are necessary to constitute a quorum at any meeting, and, if a
157     quorum exists, the action of the majority of members present shall be the action of the board.
158          (e) The chair shall be a non-voting member except that the chair may vote to break a tie
159     vote between the voting members.
160          (6) An appointed member may not receive compensation or benefits for the member's
161     service, but, at the executive director's discretion, may receive per diem and travel expenses in
162     accordance with:
163          (a) Section 63A-3-106;
164          (b) Section 63A-3-107; and
165          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
166     63A-3-107.
167          (7) (a) The board shall adopt bylaws governing the board's activities.
168          (b) Bylaws shall include procedures for removal of a member who is unable or
169     unwilling to fulfill the requirements of the member's appointment.
170          (8) The board shall:
171          (a) act for the benefit of the developmental center and the division;
172          (b) advise and assist the division with the division's functions, operations, and duties
173     related to the developmental center, described in Sections 62A-5-102, 62A-5-103, 62A-5-201,
174     62A-5-203, and 62A-5-206;
175          (c) administer the Utah State Developmental Center Miscellaneous Donation Fund, as
176     described in Section 62A-5-206.5;
177          (d) administer the Utah State Developmental Center Land Fund, as described in
178     Section 62A-5-206.6; [and]
179          (e) approve the sale, lease, or other disposition of real property or water rights
180     associated with the developmental center, as described in Subsection 62A-5-206.6(5)[.]; and
181          (f) within 21 days after the day on which the board receives the notice required under
182     Subsection 10-2-419(2)(d), provide a written opinion regarding the proposed boundary
183     adjustment to:
184          (i) the director of the Division of Facilities and Construction Management; and
185          (ii) the Legislative Management Committee.
186          Section 3. Section 63A-5-204 is amended to read:
187          63A-5-204. Specific powers and duties of director.
188          (1) As used in this section, "capitol hill facilities" and "capitol hill grounds" have the
189     same meaning as provided in Section 63C-9-102.
190          (2) (a) The director shall:
191          (i) recommend rules to the executive director for the use and management of facilities
192     and grounds owned or occupied by the state for the use of its departments and agencies;
193          (ii) supervise and control the allocation of space, in accordance with legislative
194     directive through annual appropriations acts or other specific legislation, to the various
195     departments, commissions, institutions, and agencies in all buildings or space owned, leased, or
196     rented by or to the state, except capitol hill facilities and capitol hill grounds and except as
197     otherwise provided by law;
198          (iii) comply with the procedures and requirements of Title 63A, Chapter 5, Part 3,
199     Division of Facilities Construction and Management Leasing;
200          (iv) except as provided in Subsection (2)(b), acquire, as authorized by the Legislature
201     through the appropriations act or other specific legislation, and hold title to, in the name of the
202     division, all real property, buildings, fixtures, or appurtenances owned by the state or any of its
203     agencies;
204          (v) collect and maintain all deeds, abstracts of title, and all other documents evidencing
205     title to or interest in property belonging to the state or any of its departments, except
206     institutions of higher education and the School and Institutional Trust Lands Administration;
207          (vi) report all properties acquired by the state, except those acquired by institutions of
208     higher education, to the director of the Division of Finance for inclusion in the state's financial
209     records;
210          (vii) before charging a rate, fee, or other amount for services provided by the division's
211     internal service fund to an executive branch agency, or to a subscriber of services other than an
212     executive branch agency:
213          (A) submit the proposed rates, fees, and cost analysis to the Rate Committee
214     established in Section 63A-1-114; and
215          (B) obtain the approval of the Legislature as required by Section 63J-1-410;
216          (viii) conduct a market analysis by July 1, 2005, and periodically thereafter, of
217     proposed rates and fees, which analysis shall include a comparison of the division's rates and
218     fees with the fees of other public or private sector providers where comparable services and
219     rates are reasonably available;
220          (ix) implement the State Building Energy Efficiency Program under Section
221     63A-5-701;
222          (x) convey, lease, or dispose of the real property or water rights associated with the
223     Utah State Developmental Center according to the Utah State Developmental Center Board's
224     determination, as described in Subsection 62A-5-206.6(5); [and]
225          (xi) after receiving the notice required under Subsection 10-2-419(2)(d), file a written
226     protest at or before the public hearing required under Subsection 10-2-419(2)(b), if:
227          (A) it is in the best interest of the state to protest the boundary adjustment; or
228          (B) the Legislature instructs the director to protest the boundary adjustment; and
229          [(xi)] (xii) take all other action necessary for carrying out the purposes of this chapter.
230          (b) Legislative approval is not required for acquisitions by the division that cost less
231     than $250,000.
232          (3) (a) The director shall direct or delegate maintenance and operations, preventive
233     maintenance, and facilities inspection programs and activities for any agency, except:
234          (i) the State Capitol Preservation Board; and
235          (ii) state institutions of higher education.
236          (b) The director may choose to delegate responsibility for these functions only when
237     the director determines that:
238          (i) the agency has requested the responsibility;
239          (ii) the agency has the necessary resources and skills to comply with facility
240     maintenance standards approved by the State Building Board; and
241          (iii) the delegation would result in net cost savings to the state as a whole.
242          (c) The State Capitol Preservation Board and state institutions of higher education are
243     exempt from Division of Facilities Construction and Management oversight.
244          (d) Each state institution of higher education shall comply with the facility
245     maintenance standards approved by the State Building Board.
246          (e) Except for the State Capitol Preservation Board, agencies and institutions that are
247     exempt from division oversight shall annually report their compliance with the facility
248     maintenance standards to the division in the format required by the division.
249          (f) The division shall:
250          (i) prescribe a standard format for reporting compliance with the facility maintenance
251     standards;
252          (ii) report agency compliance or noncompliance with the standards to the Legislature;
253     and
254          (iii) conduct periodic audits of exempt agencies and institutions to ensure that they are
255     complying with the standards.
256          (4) (a) In making any allocations of space under Subsection (2), the director shall:
257          (i) conduct studies to determine the actual needs of each agency; and
258          (ii) comply with the restrictions contained in this Subsection (4).
259          (b) The supervision and control of the legislative area is reserved to the Legislature.
260          (c) The supervision and control of the judicial area is reserved to the judiciary for trial
261     courts only.
262          (d) The director may not supervise or control the allocation of space for entities in the
263     public and higher education systems.
264          (e) The supervision and control of capitol hill facilities and capitol hill grounds is
265     reserved to the State Capitol Preservation Board.
266          (5) The director may:
267          (a) hire or otherwise procure assistance and services, professional, skilled, or
268     otherwise, that are necessary to carry out the director's responsibilities, and may expend funds
269     provided for that purpose either through annual operating budget appropriations or from
270     nonlapsing project funds;
271          (b) sue and be sued in the name of the division; and
272          (c) hold, buy, lease, and acquire by exchange or otherwise, as authorized by the
273     Legislature, whatever real or personal property that is necessary for the discharge of the
274     director's duties.
275          (6) Notwithstanding the provisions of Subsection (2)(a)(iv), the following entities may
276     hold title to any real property, buildings, fixtures, and appurtenances held by them for purposes
277     other than administration that are under their control and management:
278          (a) the Office of Trust Administrator;
279          (b) the Department of Transportation;
280          (c) the Division of Forestry, Fire, and State Lands;
281          (d) the Department of Natural Resources;
282          (e) the Utah National Guard;
283          (f) any area vocational center or other institution administered by the State Board of
284     Education;
285          (g) any institution of higher education; and
286          (h) the Utah Science Technology and Research Governing Authority.
287          (7) The director shall ensure that any firm performing testing and inspection work
288     governed by the American Society for Testing Materials Standard E-329 on public buildings
289     under the director's supervision shall:
290          (a) fully comply with the American Society for Testing Materials standard
291     specifications for agencies engaged in the testing and inspection of materials known as ASTM
292     E-329; and
293          (b) carry a minimum of $1,000,000 of errors and omissions insurance.
294          (8) Notwithstanding Subsections (2)(a)(iii) and (iv), the School and Institutional Trust
295     Lands Administration may hold title to any real property, buildings, fixtures, and appurtenances
296     held by it that are under its control.