reglab/statecodes huggingface dataset:
2023 Utah Code › Title 63H - Independent State Entities › Chapter 4 - Heber Valley Historic Railroad Authority › Section 108 - Relation to certain acts -- Participation in Risk Management Fund.

Affected by 63I-1-263 on 7/1/2024
Effective 7/1/2021
63H-4-108.
Relation to certain acts -- Participation in Risk Management Fund.
(1) The authority is exempt from:
(a)Title 51, Chapter 5, Funds Consolidation Act;
(b)Title 63A, Utah Government Operations Code;
(c)Title 63J, Chapter 1, Budgetary Procedures Act; and
(d)Title 63A, Chapter 17, Utah State Personnel Management Act.
(2) The authority is subject to:
(a)Title 52, Chapter 4, Open and Public Meetings Act;
(b) Section 67-3-12;
(c)Title 63G, Chapter 2, Government Records Access and Management Act; and
(d)Title 63G, Chapter 6a, Utah Procurement Code.
(3) The authority is subject to audit by the state auditor pursuant to Title 67, Chapter 3, Auditor, and by the legislative auditor general pursuant to Section 36-12-15.
(4) Subject to the requirements of Subsection 63E-1-304(2), the authority may participate in coverage under the Risk Management Fund created by Section 63A-4-201.
Amended by Chapter 84, 2021 General Session
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 4 - Heber Valley Historic Railroad Authority › Section 109 - Duty to maintain rails.

Affected by 63I-1-263 on 7/1/2024
Effective 5/14/2019
63H-4-109.
Duty to maintain rails.
The authority shall maintain the rails, bed, right-of-way, railroad bridges, and related property upon which the authority's train shall operate in compliance with state and federal statutes, rules, and regulations.
Amended by Chapter 355, 2019 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 4 - Heber Valley Historic Railroad Authority › Section 110 - Lease of rails from Department of Transportation and Division of State Parks.

Affected by 63I-1-263 on 7/1/2024
Effective 7/1/2021
63H-4-110.
Lease of rails from Department of Transportation and Division of State Parks.
The Department of Transportation and the Division of State Parks shall jointly lease the rails, bed, right-of-way, and related property for not more than $1 per year to the authority.
Amended by Chapter 280, 2021 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 4 - Heber Valley Historic Railroad Authority › Section 111 - Sales tax exemption.

Affected by 63I-1-263 on 7/1/2024
63H-4-111.
Sales tax exemption.
The authority and its operators are exempt from sales and use tax imposed under Title 59, Chapter 12, Sales and Use Tax Act, for their purchases and sales related to the operation and maintenance of a scenic and historic railroad in and around the Heber Valley.
Renumbered and Amended by Chapter 370, 2011 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 7a - Utah Communications Authority Act › Part 1 - General Provisions › Section 101 - Title.

Effective 7/1/2015
63H-7a-101.
Title.
(1) This chapter is known as the "Utah Communications Authority Act."
(2) This part is known as "General Provisions."
Renumbered and Amended by Chapter 411, 2015 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 7a - Utah Communications Authority Act › Part 1 - General Provisions › Section 102 - Utah Communications Authority -- Purpose.

Effective 5/3/2023
63H-7a-102.
Utah Communications Authority -- Purpose.
(1) This chapter establishes the Utah Communications Authority as an independent state agency.
(2) The Utah Communications Authority shall:
(a) provide administrative and financial support for statewide 911 emergency services; and
(b) establish and maintain a statewide public safety communications network for all state, city, county, and local governmental entities.
Amended by Chapter 507, 2023 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 7a - Utah Communications Authority Act › Part 1 - General Provisions › Section 103 - Definitions.

Effective 5/12/2020
63H-7a-103.
Definitions.
As used in this chapter:
(1) "911 account" means the Unified Statewide 911 Emergency Service Account, created in Subsection 63H-7a-304(1).
(2) "911 call transfer" means the redirection of a 911 call from the person who initially receives the call to another person within the state.
(3) "Association of governments" means an association of political subdivisions of the state, established pursuant to an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act.
(4) "Authority" means the Utah Communications Authority created in Section 63H-7a-201.
(5) "Backhaul network" means the portion of a public safety communications network that consists primarily of microwave paths, fiber lines, or ethernet circuits.
(6) "Board" means the Utah Communications Authority Board created in Section 63H-7a-203.
(7) "CAD" means a computer-based system that aids PSAP dispatchers by automating selected dispatching and record-keeping activities.
(8) "CAD-to-CAD" means standardized connectivity between PSAPs or between a PSAP and a dispatch center for the transmission of data between CADs.
(9) "Dispatch center" means an entity that receives and responds to an emergency or nonemergency communication transferred to the entity from a public safety answering point.
(10) "FirstNet" means the federal First Responder Network Authority established in 47 U.S.C. Sec. 1424.
(11) "Lease" means any lease, lease purchase, sublease, operating, management, or similar agreement.
(12) "Public agency" means any political subdivision of the state dispatched by a public safety answering point.
(13) "Public safety agency" means the same as that term defined in Section 69-2-102.
(14) "Public safety answering point" or "PSAP" means an entity in this state that:
(a) receives, as a first point of contact, direct 911 emergency communications from the 911 emergency service network requesting a public safety service;
(b) has a facility with the equipment and staff necessary to receive the communication;
(c) assesses, classifies, and prioritizes the communication; and
(d) dispatches the communication to the proper responding agency.
(15) "Public safety communications network" means:
(a) a regional or statewide public safety governmental communications network and related facilities, including real property, improvements, and equipment necessary for the acquisition, construction, and operation of the services and facilities; and
(b) 911 emergency services, including radio communications, connectivity, and 911 call processing equipment.
Amended by Chapter 368, 2020 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 7a - Utah Communications Authority Act › Part 1 - General Provisions › Section 104 - Relation to certain acts.

Effective 7/1/2022
63H-7a-104.
Relation to certain acts.
(1) The authority is exempt from:
(a)Title 51, Chapter 5, Funds Consolidation Act;
(b)Title 63A, Utah Government Operations Code; and
(c)Title 63A, Chapter 17, Utah State Personnel Management Act.
(2) The authority is subject to:
(a)Title 52, Chapter 4, Open and Public Meetings Act;
(b) Section 67-3-12;
(c)Title 63G, Chapter 2, Government Records Access and Management Act; and
(d)Title 63G, Chapter 6a, Utah Procurement Code.
Amended by Chapter 435, 2022 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 7a - Utah Communications Authority Act › Part 2 - Utah Communications Authority Governance › Section 201 - Utah Communications Authority established.

Effective 7/1/2017
63H-7a-201.
Utah Communications Authority established.
(1) This part is known as "Utah Communications Authority Governance."
(2) There is established the Utah Communications Authority as an independent state agency and not a division within any other department of the state.
(3)
(a) The authority shall maintain an office in Salt Lake County.
(b) The authority may establish additional branch offices outside of Salt Lake County with the approval of the board.
Amended by Chapter 430, 2017 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 7a - Utah Communications Authority Act › Part 2 - Utah Communications Authority Governance › Section 204 - Utah Communications Authority Board powers and duties.

Effective 5/12/2020
63H-7a-204.
Utah Communications Authority Board powers and duties.
The board shall:
(1) manage the affairs and business of the authority consistent with this chapter;
(2) adopt bylaws;
(3) appoint an executive director to administer the authority;
(4) receive and act upon reports covering the operations of the public safety communications network and funds administered by the authority;
(5) receive and act upon reports from the Radio Network Division prepared pursuant to Subsection 63H-7a-402(1)(b) that identify the benefits, costs, and economic feasibility of using existing public or private facilities, equipment, or services consistent with Subsections 63H-7a-402(1)(a) and 63H-7a-404(2)(c), prior to issuing or approving a request for proposal;
(6) ensure that the public safety communications network and funds are administered according to law;
(7) examine and approve an annual operating budget for the authority;
(8) receive and act upon recommendations of the director;
(9) recommend to the governor and Legislature legislation involving the public safety communications network;
(10) develop policies for the long-term operation of the authority and the performance of the authority's functions;
(11) authorize the executive director to enter into agreements on behalf of the authority;
(12) provide for the management and administration of the public safety communications network by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(13) exercise the powers and perform the duties conferred on the board by this chapter;
(14) consider issues and information received from the public safety advisory committee and the PSAP advisory committee;
(15) provide for audits of the authority;
(16) establish the following divisions within the authority:
(a) 911 Division;
(b) Radio Network Division;
(c) Interoperability Division; and
(d) Administrative Services Division; and
(17) on or before November 30, 2020, adopt a statewide CAD-to-CAD call handling and 911 call transfer protocol, after receiving the PSAP advisory committee's proposal under Subsection 63H-7a-208(9).
Amended by Chapter 368, 2020 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 7a - Utah Communications Authority Act › Part 2 - Utah Communications Authority Governance › Section 205 - Executive director -- Appointment -- Powers and duties.

Effective 1/1/2021
63H-7a-205.
Executive director -- Appointment -- Powers and duties.
The executive director shall:
(1)
(a) serve at the pleasure of the board; and
(b) act as the executive officer of the authority;
(2) administer the duties, programs, and functions assigned to the authority;
(3) recommend administrative rules and policies to the board;
(4) execute contracts on behalf of the authority;
(5) recommend to the board any changes in statutes affecting the authority;
(6) recommend to the board an annual administrative budget covering administration, management, and operations of the authority;
(7) with board approval, direct and control authority expenditures;
(8) within the limitations of the budget, employ personnel, consultants, a financial officer, and legal counsel to provide professional services and advice regarding the administration of the authority; and
(9) submit and make available to the public a report before December of each year to the board, the Executive Offices and Criminal Justice Appropriations Subcommittee, and the Legislative Management Committee that includes:
(a) the total aggregate surcharge collected by the state in the last fiscal year under Title 69, Chapter 2, Part 4, Prepaid Wireless Telecommunications Service Charges;
(b) the amount of each disbursement from the restricted accounts described in:
(i) Section 63H-7a-303;
(ii) Section 63H-7a-304; and
(iii) Section 63H-7a-403;
(c) the recipient of each disbursement, the goods and services received, and a description of the project funded by the disbursement;
(d) any conditions placed by the authority on the disbursements from a restricted account;
(e) the anticipated expenditures from the restricted accounts described in this chapter for the next fiscal year;
(f) the amount of any unexpended funds carried forward;
(g) the goals for implementation of the authority strategic plan and the progress report of accomplishments and updates to the plan; and
(h) other relevant justification for ongoing support from the restricted accounts created by Sections 63H-7a-303, 63H-7a-304, and 63H-7a-403.
Amended by Chapter 294, 2020 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 7a - Utah Communications Authority Act › Part 2 - Utah Communications Authority Governance › Section 206 - Strategic plan -- Report.

Effective 5/12/2020
63H-7a-206.
Strategic plan -- Report.
(1) The authority shall create, maintain, and review annually a statewide, comprehensive multiyear strategic plan, in consultation with state and local stakeholders, the PSAP advisory committee, and the public safety advisory committee, that:
(a) coordinates the authority's activities and duties in the:
(i) 911 Division;
(ii) Radio Network Division;
(iii) Interoperability Division; and
(iv) Administrative Services Division; and
(b) includes:
(i) a plan for maintaining, upgrading, and expanding the public safety communications network, including microwave and fiber optics based systems;
(ii) a plan for statewide interoperability;
(iii) a plan for statewide coordination;
(iv) radio network coverage maps; and
(v) FirstNet standards.
(2) The executive director shall update the strategic plan described in Subsection (1) before July 1 of each year.
(3) The executive director shall, before December 1 of each year, report on the strategic plan described in Subsection (1) to:
(a) the board;
(b) the Executive Offices and Criminal Justice Appropriations Subcommittee; and
(c) the Legislative Management Committee.
(4) The authority shall consider the strategic plan described in Subsection (1) before spending funds in the restricted accounts created by this chapter.
Amended by Chapter 368, 2020 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 7a - Utah Communications Authority Act › Part 2 - Utah Communications Authority Governance › Section 206.5 - Report on implementing audit recommendations.

Effective 5/12/2020
63H-7a-206.5.
Report on implementing audit recommendations.
By October 1, 2020, and again the following year by October 1, 2021, the authority shall report to the Public Utilities, Energy, and Technology Interim Committee and Retirement and Independent Entities Interim Committee of the Legislature on the authority's plan for and progress in implementing the recommendations of the December 2019 performance audit by the Office of the Legislative Auditor General, audit number 2019-15.
Enacted by Chapter 368, 2020 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 7a - Utah Communications Authority Act › Part 3 - 911 Division › Section 301 - 911 Division.

Effective 7/1/2015
63H-7a-301.
911 Division.
(1) This part is known as the "911 Division."
(2) There is created within the authority the 911 Division.
(3) The 911 Division shall have the duties and powers described in this chapter.
Renumbered and Amended by Chapter 411, 2015 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 7a - Utah Communications Authority Act › Part 3 - 911 Division › Section 303 - Computer Aided Dispatch Restricted Account -- Creation -- Administration -- Permitted uses.

Affected by 63I-2-263 on 7/1/2024
Effective 5/12/2020
63H-7a-303.
Computer Aided Dispatch Restricted Account -- Creation -- Administration -- Permitted uses.
(1) There is created a restricted account within the General Fund known as the "Computer Aided Dispatch Restricted Account," consisting of money appropriated or otherwise made available by the Legislature.
(2) Subject to this Subsection (2) and appropriations by the Legislature, the authority may expend funds in the Computer Aided Dispatch Restricted Account for the following purposes:
(a) enhancing public safety as provided in this chapter; and
(b) creating a shared computer aided dispatch system including:
(i) an interoperable computer aided dispatch platform that will be selected, shared, or hosted on a statewide or regional basis;
(ii) an interoperable computer aided dispatch platform selected by a county of the first class, when:
(A) authorized through an interlocal agreement between the county's two primary public safety answering points; and
(B) the county's computer aided dispatch platform is capable of interfacing with the platform described in Subsection (2)(b)(i); and
(iii) a statewide computer aided dispatch system data sharing platform to provide interoperability of systems.
(3) Subject to an appropriation by the Legislature and approval by the board, the Administrative Services Division may expend funds from the Computer Aided Dispatch Restricted Account to cover the Administrative Services Division's administrative costs related to the Computer Aided Dispatch Restricted Account.
(4) On July 1, 2024, all funds in the Computer Aided Dispatch Restricted Account shall automatically transfer to the 911 account.
Amended by Chapter 368, 2020 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 7a - Utah Communications Authority Act › Part 4 - Radio Network Division › Section 401 - Radio Network Division.

Effective 7/1/2015
63H-7a-401.
Radio Network Division.
(1) This part is known as the "Radio Network Division."
(2) There is created within the authority the Radio Network Division.
Renumbered and Amended by Chapter 411, 2015 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 7a - Utah Communications Authority Act › Part 4 - Radio Network Division › Section 404 - Radio Network Division responsibility to administer public safety communications network.

Effective 5/12/2020
63H-7a-404.
Radio Network Division responsibility to administer public safety communications network.
(1) The Radio Network Division shall administer the development, installation, implementation, and maintenance of the public safety communications network for the authority, for the benefit of state government entities and political subdivisions of the state that use the public safety communications network.
(2) In developing and maintaining the public safety communications network as described in Subsection (1), the Radio Network Division shall:
(a) maintain and upgrade existing VHF and 800 MHz radio networks;
(b) coordinate with state government entities, political subdivisions of the state, and public and private providers; and
(c) contract for facilities, equipment, and services for the public safety communications network in a manner that:
(i) complies with Title 63G, Chapter 6a, Utah Procurement Code;
(ii) promotes high-quality, cost-effective services for public safety communications network users;
(iii) evaluates the costs and benefits of using existing public or private facilities, equipment, or services or developing or establishing new facilities, equipment, or services; and
(iv) where economically beneficial without compromising quality or reliability of service, avoids duplicating existing private or public facilities, equipment, or services.
(3)
(a) The authority may not charge a state government entity or political subdivision of the state a radio user fee.
(b) Subsection (3)(a) may not be construed to prevent the authority from charging a state government entity or political subdivision of the state for other services associated with the public safety communications network.
(c) The authority may charge a person other than a PSAP a fee for connecting a radio console to the public safety communications network.
Amended by Chapter 368, 2020 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 7a - Utah Communications Authority Act › Part 5 - Interoperability Division › Section 501 - Interoperability Division.

Effective 7/1/2015
63H-7a-501.
Interoperability Division.
(1) This part is known as the "Interoperability Division."
(2) There is created within the authority the Interoperability Division, which shall be responsible for the duties of the authority as specified in this chapter.
(3) The executive director shall appoint a statewide interoperability coordinator with the approval of the board. The statewide interoperability coordinator shall be funded by the Department of Public Safety within appropriations to the Department of Public Safety for this purpose.
Renumbered and Amended by Chapter 411, 2015 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 7a - Utah Communications Authority Act › Part 5 - Interoperability Division › Section 502 - Interoperability Division duties.

Effective 5/12/2020
63H-7a-502.
Interoperability Division duties.
(1) The Interoperability Division shall:
(a) review and make recommendations to the executive director, for approval by the board, regarding:
(i) statewide interoperability coordination and FirstNet standards;
(ii) technical, administrative, fiscal, technological, network, and operational issues for the implementation of statewide interoperability, coordination, and FirstNet;
(iii) assisting public agencies with the implementation and coordination of the Interoperability Division responsibilities; and
(iv) training for the public safety communications network and unified statewide 911 emergency services;
(b) review information and records regarding:
(i) aggregate information of the number of service subscribers by service type in a political subdivision;
(ii) matters related to statewide interoperability coordination;
(iii) matters related to FirstNet including advising the governor regarding FirstNet; and
(iv) training needs;
(c) prepare and submit to the executive director for approval by the board:
(i) an annual plan for the Interoperability Division; and
(ii) information required by the director to contribute to the comprehensive strategic plan described in Section 63H-7a-206;
(d) prepare and conduct annual training exercises:
(i) for public safety agencies; and
(ii) designed to enhance interoperability and the effectiveness and efficiency of public safety agencies; and
(e) fulfill all other duties imposed on the Interoperability Division by this chapter.
(2) The Interoperability Division may:
(a) recommend to the executive director to own, operate, or enter into contracts related to statewide interoperability, FirstNet, and training;
(b) request information needed under Subsection (1)(b)(i) from:
(i) the State Tax Commission; and
(ii) public safety agencies; and
(c) employ an outside consultant to study and advise the Interoperability Division on:
(i) issues of statewide interoperability;
(ii) FirstNet; and
(iii) training.
(3) The information requested by and provided to the Interoperability Division under Subsection (1)(b)(i) is a protected record in accordance with Section 63G-2-305.
(4) This section does not expand the authority of the State Tax Commission to request additional information from a telecommunication service provider.
Amended by Chapter 368, 2020 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 7a - Utah Communications Authority Act › Part 5 - Interoperability Division › Section 503 - Statewide interoperability coordinator.

Effective 7/1/2015
63H-7a-503.
Statewide interoperability coordinator.
The statewide interoperability coordinator shall:
(1) promote wireless technology information and interoperability among local, state, federal, and other agencies;
(2) provide a mechanism for coordinating and resolving wireless communication issues among local, state, federal, and other agencies;
(3) improve data and information sharing and coordination of multijurisdictional responses;
(4) consider opportunities to consolidate or improve interoperability of infrastructures and technologies;
(5) evaluate current technologies and determine if they are meeting the needs of agency personnel in respective service areas;
(6) create and maintain procedures for requesting interoperability channels; and
(7) act as the FirstNet single point of contact for the authority.
Enacted by Chapter 411, 2015 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 7a - Utah Communications Authority Act › Part 6 - Administrative Services Division › Section 601 - Administrative Services Division -- Creation -- Legal services.

Effective 7/1/2017
63H-7a-601.
Administrative Services Division -- Creation -- Legal services.
(1) This part is known as "Administrative Services Division."
(2) There is created within the authority the Administrative Services Division.
(3) The Administrative Services Division shall provide financial and human resources assistance to the authority under the direction of the board and the executive director.
(4) At the board's request and with the board's approval, the Administrative Services Division may establish or contract for legal services for the authority.
Amended by Chapter 430, 2017 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 7a - Utah Communications Authority Act › Part 6 - Administrative Services Division › Section 602 - Duties -- Administrative Services Division -- Accounting for authority disbursements.

Effective 7/1/2017
63H-7a-602.
Duties -- Administrative Services Division -- Accounting for authority disbursements.
The Administrative Services Division is responsible for the care, custody, safekeeping, collection, and accounting for disbursements made by the authority under:
(1) Section 63H-7a-303;
(2) Section 63H-7a-304; and
(3) Section 63H-7a-403.
Repealed and Re-enacted by Chapter 430, 2017 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 7a - Utah Communications Authority Act › Part 6 - Administrative Services Division › Section 603 - Financial officer -- Duties.

Effective 7/1/2017
63H-7a-603.
Financial officer -- Duties.
(1) The executive director shall appoint a financial officer for the Administrative Services Division with the approval of the board.
(2) The financial officer shall be responsible for accounting for the authority, including:
(a) safekeeping and investment of public funds of the authority, including the funds expended from the restricted accounts created in this chapter;
(b) the proper collection, deposit, disbursement, and management of the public funds of the authority in accordance with Title 51, Chapter 7, State Money Management Act;
(c) having authority to sign all bills payable, notes, checks, drafts, warrants, or other negotiable instruments in the absence of the executive director and the executive director's designated employee;
(d) providing to the board and the executive director a statement of the condition of the finances of the authority, at least annually and at such other times as shall be requested by the board; and
(e) performing all other duties incident to the financial officer.
(3) The financial officer shall:
(a) be bonded in an amount established by the State Money Management Council; and
(b) file written reports with the State Money Management Council pursuant to Section 51-7-15.
Amended by Chapter 430, 2017 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 7a - Utah Communications Authority Act › Part 7 - Investment of Authority Funds › Section 701 - Investment of authority funds.

Effective 7/1/2017
63H-7a-701.
Investment of authority funds.
(1) The state treasurer shall invest all money held on deposit by or on behalf of the authority.
(2) The board may provide advice to the state treasurer concerning investment of the money of the authority.
Repealed and Re-enacted by Chapter 430, 2017 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 7a - Utah Communications Authority Act › Part 8 - Miscellaneous Provisions › Section 801 - Property and funds of the authority declared public property -- Exemption from taxes.

Effective 7/1/2015
63H-7a-801.
Property and funds of the authority declared public property -- Exemption from taxes.
(1) The property and funds of the authority are declared to be public property used for essential public and governmental purposes.
(2) The property and the authority are exempt from all taxes and special assessments of any public body. This tax exemption does not apply to any portion of a project used for a profit-making enterprise.
Renumbered and Amended by Chapter 411, 2015 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 7a - Utah Communications Authority Act › Part 8 - Miscellaneous Provisions › Section 802 - Term of the authority -- Dissolution.

Effective 7/1/2019
63H-7a-802.
Term of the authority -- Dissolution.
(1) The authority may be dissolved by an act of the Legislature.
(2) Title to all assets of the authority upon its dissolution shall revert to the state for services provided by the public safety communications network.
(3) The board is authorized to:
(a) take any necessary action to dissolve the authority; and
(b) dispose of the property of the authority upon its dissolution as provided in Subsection (2).
Amended by Chapter 509, 2019 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 7a - Utah Communications Authority Act › Part 8 - Miscellaneous Provisions › Section 803 - Relation to certain acts -- Participation in Risk Management Fund.

Effective 7/1/2022
63H-7a-803.
Relation to certain acts -- Participation in Risk Management Fund.
(1) The Utah Communications Authority is exempt from:
(a) except as provided in Subsection (3), Title 63A, Utah Government Operations Code;
(b)Title 63G, Chapter 4, Administrative Procedures Act; and
(c)Title 63A, Chapter 17, Utah State Personnel Management Act.
(2)
(a) The board shall adopt procedures, accounting, and personnel and human resource policies substantially similar to those from which they have been exempted in Subsection (1).
(b) The authority, the board, and the committee members are subject to Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.
(c) The authority is subject to Title 52, Chapter 4, Open and Public Meetings Act.
(d) The authority is subject to Title 63G, Chapter 6a, Utah Procurement Code.
(e) The authority is subject to Title 63J, Chapter 1, Budgetary Procedures Act, only with respect to money appropriated to the authority by the Legislature.
(3)
(a) Subject to the requirements of Subsection 63E-1-304(2), the administration may participate in coverage under the Risk Management Fund created by Section 63A-4-201.
(b) The authority is subject to Section 67-3-12.
Amended by Chapter 435, 2022 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 7a - Utah Communications Authority Act › Part 8 - Miscellaneous Provisions › Section 804 - Annual report to governor and Legislature -- Contents -- Audit by state auditor -- Reimbursement for costs.

Effective 7/1/2015
63H-7a-804.
Annual report to governor and Legislature -- Contents -- Audit by state auditor -- Reimbursement for costs.
(1) The authority shall, following the close of each fiscal year, submit an annual report of its activities for the preceding year to the governor and the Legislature. Each report shall set forth a complete operating and financial statement of the agency during the fiscal year it covers.
(2) The state auditor shall at least once in each year audit the books and accounts of the authority or shall contract with an independent certified public accountant for this audit. The audit shall include a review of the procedures adopted under the requirements of Subsection 63H-7a-803(2) and a determination as to whether the board has complied with the requirements of Subsection 63H-7a-803(2).
(3) The authority shall reimburse the state auditor from available money of the authority for the actual and necessary costs of that audit.
Renumbered and Amended by Chapter 411, 2015 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 8 - Utah Housing Corporation Act › Part 1 - General Provisions › Section 101 - Title.

Affected by 63I-1-263 on 7/1/2026
Effective 5/12/2015
63H-8-101.
Title.
This chapter is known as the "Utah Housing Corporation Act."
Renumbered and Amended by Chapter 226, 2015 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 8 - Utah Housing Corporation Act › Part 2 - Organization › Section 202 - Corporation as continuation of agency.

Affected by 63I-1-263 on 7/1/2026
Effective 5/12/2015
63H-8-202.
Corporation as continuation of agency.
The corporation is a continuation of the Utah Housing Finance Agency and shall:
(1) possess all rights, title, privileges, powers, immunities, property, and claims of the former Utah Housing Finance Agency; and
(2) fulfill and perform all obligations of the former Utah Housing Finance Agency, including obligations relating to outstanding bonds and notes.
Renumbered and Amended by Chapter 226, 2015 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 8 - Utah Housing Corporation Act › Part 2 - Organization › Section 203 - President and chief executive officer -- Secretary-treasurer -- Powers and duties -- Power to employ experts -- Power to employ independent legal counsel.

Affected by 63I-1-263 on 7/1/2026
Effective 5/12/2015
63H-8-203.
President and chief executive officer -- Secretary-treasurer -- Powers and duties -- Power to employ experts -- Power to employ independent legal counsel.
(1)
(a)
(i) The trustees shall appoint a president who is the chief executive officer of the corporation.
(ii) The president:
(A) may not be a trustee of the corporation;
(B) serves at the pleasure of the trustees; and
(C) shall receive compensation as set by the trustees.
(b) The president, who shall also be the secretary-treasurer, shall:
(i) establish bank accounts and other monetary investments in the name of the corporation; and
(ii) administer, manage, and direct the affairs and activities of the corporation in accordance with the policies, control, and direction of the trustees.
(c) The president shall approve all accounts for salaries, allowable expenses of the corporation, or of any corporation employee or consultant, and expenses incidental to the operation of the corporation.
(d) The president shall perform any other duties as may be directed by the trustees in carrying out this chapter.
(2)
(a) The president shall:
(i) attend the meetings of the corporation;
(ii) keep a record of the proceedings of the corporation; and
(iii) maintain and be custodian of:
(A) books, documents, and papers filed with the corporation;
(B) the minute book or journal of the corporation; and
(C) the corporation's official seal.
(b) The president may cause copies to be made of minutes and other records and documents of the corporation and may give certificates under seal of the corporation to the effect that those copies are true copies, and a person dealing with the corporation may rely upon those certificates.
(3)
(a) The corporation may employ or engage technical experts, independent professionals and consultants, and other officers, agents, or employees, permanent or temporary, as it considers necessary to carry out the efficient operation of the corporation, and shall determine their qualifications, duties, and compensation.
(b) The trustees may delegate to one or more of the corporation's agents, representatives, or employees administrative duties that the trustees consider proper.
(4) The corporation may employ and retain independent legal counsel.
Renumbered and Amended by Chapter 226, 2015 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 8 - Utah Housing Corporation Act › Part 2 - Organization › Section 204 - Relation to certain acts.

Affected by 63I-1-263 on 7/1/2026
Effective 7/1/2021
63H-8-204.
Relation to certain acts.
(1) The corporation is exempt from:
(a)Title 51, Chapter 5, Funds Consolidation Act;
(b)Title 51, Chapter 7, State Money Management Act;
(c)Title 63A, Utah Government Operations Code;
(d)Title 63G, Chapter 6a, Utah Procurement Code;
(e)Title 63J, Chapter 1, Budgetary Procedures Act;
(f)Title 63J, Chapter 2, Revenue Procedures and Control Act; and
(g)Title 63A, Chapter 17, Utah State Personnel Management Act.
(2) The corporation shall comply with:
(a)Title 52, Chapter 4, Open and Public Meetings Act;
(b) Section 67-3-12; and
(c)Title 63G, Chapter 2, Government Records Access and Management Act.
Amended by Chapter 84, 2021 General Session
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 8 - Utah Housing Corporation Act › Part 2 - Organization › Section 205 - Disclosure of interest.

Affected by 63I-1-263 on 7/1/2026
Effective 5/12/2015
63H-8-205.
Disclosure of interest.
(1) A trustee, officer, or employee of the corporation who has, will have, or later acquires an interest, direct or indirect, in a transaction with the corporation shall immediately disclose the nature and extent of that interest in writing to the corporation as soon as the trustee, officer, or employee has knowledge of the actual or prospective interest.
(2)
(a) This disclosure shall be entered upon the minutes of the corporation.
(b) Upon the disclosure, that trustee, officer, or employee may participate in any action by the corporation authorizing the transaction.
Renumbered and Amended by Chapter 226, 2015 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 8 - Utah Housing Corporation Act › Part 2 - Organization › Section 206 - Officer or employee -- No forfeiture of office or employment.

Affected by 63I-1-263 on 7/1/2026
Effective 5/12/2015
63H-8-206.
Officer or employee -- No forfeiture of office or employment.
Notwithstanding the provisions of any other law, no officer or employee of this state forfeits a state office or state employment by accepting an appointment or by serving as a trustee of the corporation.
Renumbered and Amended by Chapter 226, 2015 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 8 - Utah Housing Corporation Act › Part 3 - Corporation Duties and Powers › Section 303 - Power to issue mortgage credit certificates -- Impact of federal legislation on tax exempt status of corporation bonds.

Affected by 63I-1-263 on 7/1/2026
Effective 5/12/2015
63H-8-303.
Power to issue mortgage credit certificates -- Impact of federal legislation on tax exempt status of corporation bonds.
(1) In order to accomplish the purposes of this chapter the corporation may issue mortgage credit certificates under 26 U.S.C. Sec. 25, as amended, and has the sole responsibility for issuing or approving the issuance of mortgage credit certificates allowable to the state.
(2) A power granted to the corporation by this chapter may not be diminished by the enactment of federal legislation that would cause the interest on bonds, notes, or other obligations of the corporation to be subject to taxation under federal law.
(3) An exemption from state taxation granted in this chapter is not affected by federal legislation described under Subsection (2).
Renumbered and Amended by Chapter 226, 2015 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 8 - Utah Housing Corporation Act › Part 4 - Corporation Assets and Obligations › Section 401 - Corporation money -- Depositing and paying out -- Power to contract with holders of notes and bonds -- Money held in trust.

Affected by 63I-1-263 on 7/1/2026
Effective 5/12/2015
63H-8-401.
Corporation money -- Depositing and paying out -- Power to contract with holders of notes and bonds -- Money held in trust.
(1)
(a) All money of the corporation, except as otherwise authorized or provided in this chapter, shall be deposited as soon as practicable in a separate account or accounts in banks or trust companies organized under state or federal laws.
(b) The money in these accounts shall be paid out on checks or drafts signed by the president or other officers or employees of the corporation or transferred electronically as authorized by the corporation.
(c) All deposits of money shall, if required by the corporation, be secured in a manner as the corporation determines to be prudent, and banks and trust companies are authorized to give security for the deposits.
(2)
(a) Notwithstanding the provisions of this section, the corporation may contract with the holders of its notes or bonds as to the custody, collection, securing, investment, and payment of any money of the corporation and of any money held in trust or otherwise for the payment of notes or bonds, and to carry out that contract.
(b) Money held in trust or otherwise for the payment of notes or bonds or in any way to secure notes or bonds and deposits of money may be secured in the same manner as money of the corporation, and banks and trust companies may give security for the deposits.
Renumbered and Amended by Chapter 226, 2015 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 8 - Utah Housing Corporation Act › Part 4 - Corporation Assets and Obligations › Section 402 - State pledge to holders of notes or bonds.

Affected by 63I-1-263 on 7/1/2026
Effective 5/12/2015
63H-8-402.
State pledge to holders of notes or bonds.
(1) The state pledges and agrees with the holders of notes or bonds issued under this chapter that the state will not limit or alter the rights hereby vested in the corporation to fulfill the terms of agreements made with the holders of the notes or bonds or in any way impair the rights and remedies of the holders until the notes and bonds, together with their interest, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the holders, are fully met and discharged.
(2) The corporation may include this pledge and agreement of the state in any agreement with the holders of the notes or bonds.
Renumbered and Amended by Chapter 226, 2015 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 8 - Utah Housing Corporation Act › Part 4 - Corporation Assets and Obligations › Section 403 - Notes, bonds, other obligations -- Not a debt liability -- Expenses payable from funds provided -- Corporation without authority to incur liability on behalf of state -- Relationship to Governmental Immunity Act of Utah.

Affected by 63I-1-263 on 7/1/2026
Effective 5/12/2015
63H-8-403.
Notes, bonds, other obligations -- Not a debt liability -- Expenses payable from funds provided -- Corporation without authority to incur liability on behalf of state -- Relationship to Governmental Immunity Act of Utah.
(1)
(a)
(i) Notes, bonds, and other obligations issued under this chapter are not a debt or liability of the state or of a county, city, town, school district, or other political subdivision of the state.
(ii) The notes, bonds, or other obligations do not constitute the loaning of credit of the state or of a county, city, town, school district, or other political subdivision of the state.
(iii) The notes, bonds, or other obligations are not payable from money other than that of the corporation.
(b) All notes, bonds, or other obligations shall contain on their face a statement to the effect that:
(i) the corporation shall pay the note, bond, or obligation solely from the revenues or other money of the corporation;
(ii) neither the state nor any of its political subdivisions are obligated to pay the note, bond, or obligation; and
(iii) neither the faith and credit nor the taxing power of the state or any of its political subdivisions are pledged to the payment of principal, redemption price of, or the interest on, the notes, bonds, or other obligations.
(2) All expenses incurred in carrying out this chapter are payable solely from funds provided under this chapter, and nothing in this chapter authorizes the corporation to incur indebtedness or liability on behalf of or payable by the state or any of its political subdivisions.
(3)
(a)Title 63G, Chapter 7, Governmental Immunity Act of Utah, applies to the corporation.
(b) Notwithstanding Subsection (3)(a), a claim may not be brought against the state, a public official or employee of the state, another public entity, or a public official or employee of another public entity, based on or arising from:
(i) a failure to fulfill a contractual obligation of the corporation;
(ii) an act or failure to act by the corporation or its trustees, officers, employees, agents, or representatives; or
(iii) failure of the corporation to comply with the requirements of any law or regulation.
(c) The provisions of Subsection (3)(b) do not apply to a claim of a current or former officer or employee of the corporation for retirement or insurance benefits.
Renumbered and Amended by Chapter 226, 2015 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 8 - Utah Housing Corporation Act › Part 4 - Corporation Assets and Obligations › Section 404 - Corporation property, notes, and bonds -- Tax exemption except corporate franchise tax.

Affected by 63I-1-263 on 7/1/2026
Effective 5/12/2015
63H-8-404.
Corporation property, notes, and bonds -- Tax exemption except corporate franchise tax.
(1) Property acquired or held by the corporation under this chapter is declared to be public property used for essential public and governmental purposes.
(2) The property, its income, and notes and bonds issued under this chapter, the interest payable on the notes and bonds, and income derived from the notes and bonds are exempt from taxation of every kind by the state, a county, a municipality, and any other political subdivision of the state, except for the corporate franchise tax.
Renumbered and Amended by Chapter 226, 2015 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 8 - Utah Housing Corporation Act › Part 4 - Corporation Assets and Obligations › Section 405 - Corporation notes, bonds, obligations -- Legal investments.

Affected by 63I-1-263 on 7/1/2026
Effective 5/12/2015
63H-8-405.
Corporation notes, bonds, obligations -- Legal investments.
(1) The notes, bonds, and other obligations issued under the authority of this chapter are securities in which all public officers and public bodies of the state and its political subdivisions, all banks, bankers, savings banks, trust companies, credit unions, savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies and insurance associations, and others carrying on an insurance business, and all administrators, executors, guardians, trustees, and other fiduciaries, pension, profit-sharing and retirement funds, and all other persons who may now or may later be authorized to invest in notes, bonds, or other obligations of the state, may properly and legally invest any funds, including capital belonging to them or within their control.
(2) These notes, bonds, and other obligations are securities that may properly and legally be deposited with and received by any state, county, or municipal officer, or agency of the state for any purpose for which the deposit of notes, bonds, or other obligations of the state is now or may later be authorized by law.
Renumbered and Amended by Chapter 226, 2015 General Session