reglab/statecodes huggingface dataset:
2023 Utah Code › Title 63H - Independent State Entities › Chapter 1 - Military Installation Development Authority Act › Part 1 - General Provisions › Section 104 - Loan approval committee -- Approval of infrastructure loans.

Effective 5/4/2022
63H-1-104.
Loan approval committee -- Approval of infrastructure loans.
(1) As used in this section:
(a) "Borrower" means the same as that term is defined in Section 63A-3-401.5.
(b) "Infrastructure loan" means the same as that term is defined in Section 63A-3-401.5.
(c) "Infrastructure project" means the same as that term is defined in Section 63A-3-401.5.
(d) "Military development fund" means the same as that term is defined in Section 63A-3-401.5.
(e) "Loan approval committee" means a committee consisting of:
(i) the board member who is appointed by the governor under Subsection 63H-1-302(2)(a);
(ii) the board member who is appointed by the governor under Subsection 63H-1-302(2)(c);
(iii) the board members who are appointed by the president of the Senate and the speaker of the House of Representatives under Subsection 63H-1-302(3); and
(iv) a voting or nonvoting board member designated by the board.
(2) The loan approval committee may approve an infrastructure loan from the military development fund to a borrower for an infrastructure project undertaken by the borrower.
(3) The loan approval committee shall establish the terms of an infrastructure loan in accordance with Section 63A-3-404.
(4) The loan approval committee may establish policies and guidelines with respect to prioritizing requests for infrastructure loans and approving infrastructure loans.
(5) Beginning May 5, 2021, the loan approval committee shall assume jurisdiction from the State Infrastructure Bank Fund relating to the terms of a loan under Subsection 63B-27-101(3)(a)(i).
(6) Within 60 days after the execution of an infrastructure loan, the loan approval committee shall report the infrastructure loan, including the loan amount, terms, interest rate, and security, to:
(a) the Executive Appropriations Committee;
(b) the State Finance Review Commission created in Section 63C-25-201.
(7)
(a) A meeting of the loan approval committee does not constitute a meeting of the board, even if a quorum of the board is present at a loan approval committee meeting.
(b) A quorum of board members present at a meeting of the loan approval committee may not conduct board business at the loan approval committee meeting.
(8)
(a) Salaries and expenses of committee members who are legislators shall be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.
(b) A committee member who is not a legislator may not receive compensation or benefits for the member's service on the committee, but may receive per diem and reimbursement for travel expenses incurred as a committee member at the rates established by the Division of Finance under:
(i) Sections 63A-3-106 and 63A-3-107; and
(ii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Amended by Chapter 207, 2022 General Session
Amended by Chapter 463, 2022 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 1 - Military Installation Development Authority Act › Part 2 - Authority Creation and Powers › Section 203 - Levy of a municipal tax -- Direct tax payment to MIDA.

63H-1-203.
Levy of a municipal tax -- Direct tax payment to MIDA.
(1) A levy of a municipal energy tax, MIDA energy tax, telecommunications tax, transient room tax, or resort communities tax, including an increase in the applicable tax rate, requires the affirmative vote of:
(a) the authority board; and
(b) a majority of all elected members of the authority board.
(2) If the authority board levies a municipal energy tax, a consumer who acquires taxable energy shall pay the tax directly to the authority on a monthly basis if the consumer's energy supplier is not required under federal law to collect the tax in the manner described in Section 10-1-307.
Amended by Chapter 362, 2013 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 1 - Military Installation Development Authority Act › Part 2 - Authority Creation and Powers › Section 204 - MIDA energy tax.

63H-1-204.
MIDA energy tax.
(1) By ordinance, an authority board may levy a MIDA energy tax, within a project area, on an energy supplier as defined in Section 10-1-303.
(2) The maximum rate of the MIDA energy tax is 6% of the delivered value as defined in Section 10-1-303, except that delivered value does not include the amount of a tax paid under this section.
(3)
(a) An energy supplier may recover an amount equal to the MIDA energy tax from its customers, if the energy supplier includes the amount as a separate billing line item.
(b) The MIDA energy tax levied under this section is in addition to the rate approved by the Public Service Commission and charged to the customer.
(4) If the authority has levied a municipal energy tax in the project area, the MIDA energy tax paid by a customer is reduced by any municipal energy tax paid by that customer on the same delivered value.
(5)
(a) The MIDA energy tax is payable by the energy supplier to MIDA on a monthly basis as described by the ordinance levying the tax.
(b) The ordinance shall allow the energy supplier to retain 1% of the tax remittance each month to offset the energy supplier's costs of collecting and remitting the tax.
Enacted by Chapter 362, 2013 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 1 - Military Installation Development Authority Act › Part 2 - Authority Creation and Powers › Section 206 - Property exchange -- Freeway interchange construction.

Effective 3/28/2020
63H-1-206.
Property exchange -- Freeway interchange construction.
(1)
(a) If the authority receives title to real property from the Secretary of the United States Air Force, pursuant to Section 2831 of the National Defense Authorization Act for Fiscal Year 2020, for construction of an interchange by the Department of Transportation, the authority shall exchange the real property intended for the interchange with the Department of Transportation for any unused remainder of real property that the Department of Transportation does not need for the freeway after the interchange is complete.
(b) The authority or a subsidiary of the authority is the designee of the state, within the meaning of Section 2831(a) of the National Defense Authorization Act for Fiscal Year 2020.
(2) An exchange described in Subsection (1) shall occur at no cost to the authority or the Department of Transportation, regardless of the value of the real property.
(3)
(a) The authority shall demolish the structures on and, as required by the Secretary of the United States Air Force and the Utah Department of Environmental Quality, environmentally mitigate the real property that the authority exchanges with the Department of Transportation under this section.
(b) The Department of Transportation shall remove unneeded freeway improvements from the real property that the Department of Transportation exchanges with the authority under this section.
(4) Upon the authority's receipt of title to real property under this section, the real property automatically becomes included within the project area adjacent to the real property.
Amended by Chapter 282, 2020 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 1 - Military Installation Development Authority Act › Part 2 - Authority Creation and Powers › Section 207 - Authority jurisdiction over Department of Transportation property.

Effective 3/28/2020
63H-1-207.
Authority jurisdiction over Department of Transportation property.
(1) As used in this section:
(a) "Highway land" means land that is:
(i) owned by the Department of Transportation, created in Section 72-1-201; and
(ii) within an authority project area that was created to provide military recreation facilities and support.
(b) "Highway land" does not include:
(i) a class A state road that is in active use; and
(ii) a shoulder or appurtenance that is contiguous to a class A state road that is in active use.
(2) Notwithstanding any other provision of statute, the authority has jurisdiction and control over highway land, subject to Subsection (3).
(3) The executive director of the Department of Transportation may, in consultation with the authority, transfer, sell, trade, or lease the highway land or any interest in the highway land as provided in Section 72-5-111 and any applicable rules and regulations.
Enacted by Chapter 282, 2020 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 1 - Military Installation Development Authority Act › Part 2 - Authority Creation and Powers › Section 208 - Former rail line.

Effective 2/16/2023
63H-1-208.
Former rail line.
(1) A former rail line automatically becomes included within a project area located at an air force base if:
(a) the authority acquires title to the former rail line as provided in Subsection (2); and
(b) a portion of the former rail line is adjacent to the project area.
(2) Notwithstanding Section 72-5-117, the Department of Transportation may transfer to the authority, at no cost to the authority, title to that portion of a former rail line adjacent to a project area located at an air force base that the Department of Transportation does not need for construction of a freeway interchange.
(3) The authority may:
(a) develop the former rail line; or
(b) transfer title of all or part of the former rail line, at no cost, to another governmental entity or nonprofit entity who agrees to receive the title.
(4) A governmental entity or nonprofit entity that agrees to receive title to all or part of a former rail line under Subsection (3)(b) assumes responsibility for the maintenance of and any construction that remains to be completed on the former rail line.
Amended by Chapter 12, 2023 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 1 - Military Installation Development Authority Act › Part 3 - Authority Board › Section 301 - Authority board -- Delegation of power.

Effective 5/4/2022
63H-1-301.
Authority board -- Delegation of power.
(1) The authority shall be governed by a board which shall manage and conduct the business and affairs of the authority and shall determine all questions of authority policy.
(2) All powers of the authority are exercised through the board.
(3) The board may by resolution delegate powers to authority staff, including the power to adopt a rule governing the use of electronic meetings under Section 52-4-207.
Amended by Chapter 274, 2022 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 1 - Military Installation Development Authority Act › Part 3 - Authority Board › Section 303 - Term of board members.

63H-1-303.
Term of board members.
(1) The term of board members is four years, except that the term of the members of the initial board shall be staggered so that the term of approximately half the board members expires every two years.
(2) Each board member shall serve until a successor is duly appointed and qualified.
Amended by Chapter 92, 2009 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 1 - Military Installation Development Authority Act › Part 4 - Project Area Plan and Budget › Section 401 - Preparation of project area plan -- Required contents of project area plan.

Effective 5/4/2022
63H-1-401.
Preparation of project area plan -- Required contents of project area plan.
(1)
(a) The authority board shall adopt a project area plan as provided in this part.
(b) In order to adopt a project area plan, the authority board shall:
(i) prepare a draft project area plan;
(ii) give notice as required under Subsection 63H-1-402(2);
(iii) hold at least one public meeting, as required under Subsection 63H-1-402(1); and
(iv) after holding at least one public meeting and subject to Subsection (1)(c), adopt the draft project area plan as the project area plan.
(c) Before adopting a draft project area plan as the project area plan, the authority board may make modifications to the draft project area plan that the board considers necessary or appropriate.
(d)
(i) A lease or development agreement that the authority enters before the creation of a project area shall provide that the board is not required to create a project area.
(ii) An authority may not be required to pay any amount or incur any loss or penalty for the board's failure to create a project area.
(2) Each project area plan and draft project area plan shall contain:
(a) a legal description of the boundary of the project area that is the subject of the project area plan;
(b) the authority's purposes and intent with respect to the project area; and
(c) the board's findings and determination that:
(i) there is a need to effectuate a public purpose;
(ii) there is a public benefit to the proposed development project;
(iii) it is economically sound and feasible to adopt and carry out the project area plan; and
(iv) carrying out the project area plan will promote the public peace, health, safety, and welfare of the community in which the project area is located.
(3)
(a) A project area described in a project area plan:
(i) shall include military land; and
(ii) may include public or private land, whether or not it is contiguous to military land, if:
(A) the legislative body of the county in which the public or private land is located, if the public land or private land is located in an unincorporated county, passes a resolution consenting to the inclusion of the land in the project area;
(B) the legislative body of an included municipality passes a resolution consenting to the inclusion of the land in the project area; and
(C) the owner of the public or private land consents to the inclusion of the land in the project area.
(b)
(i) Consent provided under Subsection (3)(a)(ii)(A), (B), or (C) is irrevocable.
(ii) The authority may rely on a consent provided under Subsection (3)(a)(ii)(A), (B), or (C) for long-term planning, contractual commitments, and issuing bonds or other indebtedness.
Amended by Chapter 463, 2022 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 1 - Military Installation Development Authority Act › Part 4 - Project Area Plan and Budget › Section 402 - Public meeting to consider and discuss draft project area plan -- Notice -- Adoption of plan.

63H-1-402.
Public meeting to consider and discuss draft project area plan -- Notice -- Adoption of plan.
(1) The authority board shall hold at least one public meeting to consider and discuss the draft project area plan.
(2) At least 10 days before holding a public meeting under Subsection (1), the authority board shall give notice of the public meeting to:
(a) a taxing entity; and
(b) a municipality that is located within one-half mile of the proposed project area.
(3) Following consideration and discussion of the project area plan, the board may adopt the draft project area plan as the project area plan.
Amended by Chapter 9, 2010 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 1 - Military Installation Development Authority Act › Part 4 - Project Area Plan and Budget › Section 403 - Notice of project area plan adoption -- Effective date of plan -- Contesting the formation of the plan.

Effective 7/1/2021
63H-1-403.
Notice of project area plan adoption -- Effective date of plan -- Contesting the formation of the plan.
(1) Upon the effective date of a project area plan, the board shall provide notice as provided in Subsection (1)(b) by publishing or causing to be published legal notice:
(a) in a newspaper of general circulation within or near the project area; and
(b) as required by Section 45-1-101.
(2)
(a) Each notice under Subsection (1) shall include:
(i) the board resolution adopting the project area plan or a summary of the resolution;
(ii) a statement that the project area plan is available for general public inspection as provided in Subsection (4); and
(iii) an email address to which a person may send an email requesting an electronic copy of the project area plan.
(b) The statement required under Subsection (2)(a)(ii) may be included in the board resolution or summary described in Subsection (2)(a)(i).
(3) The project area plan becomes effective on the date designated in the board resolution adopting the project area plan.
(4) The authority shall make the adopted project area plan available to the general public by:
(a) providing an electronic link to the project area plan on the authority's website, if the authority has a website; and
(b) sending an email free of charge with an electronic copy of the project area plan to any person who submits an email to the authority at an email address identified in the notice under Subsection (2).
(5) Within 10 days after the effective date of a project area plan that establishes a project area, or after an amendment to a project area plan is adopted under which the boundary of a project area is modified, the authority shall send notice of the establishment or modification of the project area and an accurate map or plat of the project area to:
(a) the State Tax Commission;
(b) the Utah Geospatial Resource Center created in Section 63A-16-505; and
(c) the assessor and recorder of each county where the project area is located.
(6)
(a) A legal action or other challenge to a project area plan or a project area described in a project area plan is barred unless brought within 30 days after the effective date of the project area plan.
(b) For a project area created before December 1, 2018, a legal action or other challenge is barred.
(c) For a project area created after December 1, 2018, and before May 14, 2019, a legal action or other challenge is barred after July 1, 2019.
Amended by Chapter 162, 2021 General Session
Amended by Chapter 345, 2021 General Session
Amended by Chapter 414, 2021 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 1 - Military Installation Development Authority Act › Part 4 - Project Area Plan and Budget › Section 403.5 - Amendment to a project area plan.

Effective 3/28/2020
63H-1-403.5.
Amendment to a project area plan.
(1) The authority may amend a project area plan by following the same procedure under this part as applies to the adoption of a project area plan.
(2) The provisions of this part apply to the authority's adoption of an amendment to a project area plan to the same extent as they apply to the adoption of a project area plan.
(3) An amendment to a project area plan does not affect the base taxable value determination for property already within the project area before the amendment.
Amended by Chapter 282, 2020 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 1 - Military Installation Development Authority Act › Part 4 - Project Area Plan and Budget › Section 405 - Project area budget.

Effective 3/28/2020
63H-1-405.
Project area budget.
(1) Before the authority may receive or use the property tax allocation, the authority board shall prepare and adopt a project area budget.
(2) The authority board may amend an adopted project area budget as and when the authority board considers it appropriate.
(3) If the authority adopts a budget under Part 7, Authority Budget and Reports, that also meets the requirements of this part, the authority need not separately adopt a budget under this part.
Amended by Chapter 282, 2020 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 1 - Military Installation Development Authority Act › Part 5 - Authority Funds › Section 503 - Use of municipal services revenue.

63H-1-503.
Use of municipal services revenue.
(1) The authority may use municipal services revenue to pay for:
(a) administrative, overhead, legal, and other operating expenses of the authority; and
(b) municipal services within the project area from which the revenue was collected.
(2) Unless otherwise provided by agreement between the authority and each county and municipality levying a property tax on property within a project area, the authority shall distribute any remaining municipal services revenue equally among all counties and municipalities that levy a property tax on property within a project area.
Enacted by Chapter 92, 2009 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 1 - Military Installation Development Authority Act › Part 6 - Authority Bonds › Section 601 - Resolution authorizing issuance of authority bonds -- Characteristics of bonds.

Effective 5/4/2022
63H-1-601.
Resolution authorizing issuance of authority bonds -- Characteristics of bonds.
(1) The authority may not issue bonds under this part unless the authority board first:
(a) adopts a parameters resolution that sets forth:
(i) the maximum:
(A) amount of the bonds;
(B) term; and
(C) interest rate; and
(ii) the expected security for the bonds; and
(b) submits the parameters resolution for review and recommendation to the State Finance Review Commission created in Section 63C-25-201.
(2)
(a) As provided in the authority resolution authorizing the issuance of bonds under this part or the trust indenture under which the bonds are issued, bonds issued under this part may be issued in one or more series and may be sold at public or private sale and in the manner provided in the resolution or indenture.
(b) Bonds issued under this part shall bear the date, be payable at the time, bear interest at the rate, be in the denomination and in the form, carry the conversion or registration privileges, have the rank or priority, be executed in the manner, be subject to the terms of redemption or tender, with or without premium, be payable in the medium of payment and at the place, and have other characteristics as provided in the authority resolution authorizing their issuance or the trust indenture under which they are issued.
(3) Upon the board's adoption of a resolution providing for the issuance of bonds, the board may provide for the publication of the resolution:
(a) in a newspaper having general circulation in the authority's boundaries; and
(b) as required in Section 45-1-101.
(4) In lieu of publishing the entire resolution, the board may publish notice of bonds that contains the information described in Subsection 11-14-316(2).
(5) For a period of 30 days after the publication, any person in interest may contest:
(a) the legality of the resolution or proceeding;
(b) any bonds that may be authorized by the resolution or proceeding; or
(c) any provisions made for the security and payment of the bonds.
(6)
(a) A person may contest the matters set forth in Subsection (5) by filing a verified written complaint, within 30 days of the publication under Subsection (5), in the district court of the county in which the person resides.
(b) A person may not contest the matters set forth in Subsection (5), or the regularity, formality, or legality of the resolution or proceeding, for any reason, after the 30-day period for contesting provided in Subsection (6)(a).
(7) No later than 60 days after the closing day of any bonds, the authority shall report the bonds issuance, including the amount of the bonds, terms, interest rate, and security, to:
(a) the Executive Appropriations Committee; and
(b) the State Finance Review Commission created in Section 63C-25-201.
Amended by Chapter 207, 2022 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 1 - Military Installation Development Authority Act › Part 6 - Authority Bonds › Section 602 - Sources from which bonds may be made payable -- Authority powers regarding bonds.

Effective 3/30/2015
63H-1-602.
Sources from which bonds may be made payable -- Authority powers regarding bonds.
(1) The principal and interest on bonds issued by the authority may be made payable from:
(a) the income and revenues of the projects financed with the proceeds of the bonds;
(b) the income and revenues of certain designated projects whether or not they were financed in whole or in part with the proceeds of the bonds;
(c) the income, proceeds, revenues, property, and funds the authority derives from or holds in connection with its undertaking and carrying out development of a project area;
(d) property tax allocation funds;
(e) authority revenues generally;
(f) a contribution, loan, grant, or other financial assistance from the federal government or a public entity in aid of the development of military land; or
(g) funds derived from any combination of the methods listed in Subsections (1)(a) through (f).
(2) In connection with the issuance of authority bonds, the authority may:
(a) pledge all or any part of its gross or net rents, fees, or revenues to which its right then exists or may thereafter come into existence;
(b) encumber by mortgage, deed of trust, or otherwise all or any part of its real or personal property, then owned or thereafter acquired; and
(c) make the covenants and take the action that may be necessary, convenient, or desirable to secure its bonds, or, except as otherwise provided in this chapter, that will tend to make the bonds more marketable, even though such covenants or actions are not specifically enumerated in this chapter.
Amended by Chapter 377, 2015 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 1 - Military Installation Development Authority Act › Part 6 - Authority Bonds › Section 603 - Authority to purchase agency bonds.

63H-1-603.
Authority to purchase agency bonds.
(1) Any person, firm, corporation, association, political subdivision of the state, or other entity or public or private officer may purchase bonds issued by an authority under this part with funds owned or controlled by the purchaser.
(2) Nothing in this section may be construed to relieve a purchaser of authority bonds of any duty to exercise reasonable care in selecting securities.
Enacted by Chapter 23, 2007 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 1 - Military Installation Development Authority Act › Part 6 - Authority Bonds › Section 604 - Those executing bonds not personally liable -- Limitation of obligations under bonds -- Negotiability.

63H-1-604.
Those executing bonds not personally liable -- Limitation of obligations under bonds -- Negotiability.
(1) A member of the authority board or other person executing an authority bond is not liable personally on the bond.
(2)
(a) A bond issued by the authority is not a general obligation or liability of the state or any of its political subdivisions and does not constitute a charge against their general credit or taxing powers.
(b) A bond issued by the authority is not payable out of any funds or properties other than those of the authority.
(c) The community, the state, and its political subdivisions may not be liable on a bond issued by the authority.
(d) A bond issued by the authority does not constitute indebtedness within the meaning of any constitutional or statutory debt limitation.
(3) A bond issued by the authority under this part is fully negotiable.
Enacted by Chapter 23, 2007 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 1 - Military Installation Development Authority Act › Part 6 - Authority Bonds › Section 605 - Obligee rights -- Board may confer other rights.

63H-1-605.
Obligee rights -- Board may confer other rights.
(1) In addition to all other rights that are conferred on an obligee of a bond issued by the authority under this part and subject to contractual restrictions binding on the obligee, an obligee may:
(a) by mandamus, suit, action, or other proceeding, compel an authority and its board, officers, agents, or employees to perform every term, provision, and covenant contained in any contract of the authority with or for the benefit of the obligee, and require the authority to carry out the covenants and agreements of the authority and to fulfill all duties imposed on the authority by this part; and
(b) by suit, action, or proceeding in equity, enjoin any acts or things that may be unlawful or violate the rights of the obligee.
(2)
(a) In a board resolution authorizing the issuance of bonds or in a trust indenture, mortgage, lease, or other contract, an authority board may confer upon an obligee holding or representing a specified amount in bonds, the rights described in Subsection (2)(b), to accrue upon the happening of an event or default prescribed in the resolution, indenture, mortgage, lease, or other contract, and to be exercised by suit, action, or proceeding in any court of competent jurisdiction.
(b)
(i) The rights that the board may confer under Subsection (2)(a) are the rights to:
(A) cause possession of all or part of a development project to be surrendered to an obligee;
(B) obtain the appointment of a receiver of all or part of an authority's development project and of the rents and profits from it; and
(C) require the authority and its board and employees to account as if the authority and the board and employees were the trustees of an express trust.
(ii) If a receiver is appointed through the exercise of a right granted under Subsection (2)(b)(i)(B), the receiver:
(A) may enter and take possession of the development project or any part of it, operate and maintain it, and collect and receive all fees, rents, revenues, or other charges arising from it after the receiver's appointment; and
(B) shall keep money collected as receiver for the authority in separate accounts and apply it pursuant to the authority obligations as the court directs.
Enacted by Chapter 23, 2007 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 1 - Military Installation Development Authority Act › Part 6 - Authority Bonds › Section 606 - Bonds exempt from taxes -- Authority may purchase its own bonds.

63H-1-606.
Bonds exempt from taxes -- Authority may purchase its own bonds.
(1) A bond issued by the authority under this part is issued for an essential public and governmental purpose and is, together with interest on the bond and income from it, exempt from all state taxes except the corporate franchise tax.
(2) The authority may purchase its own bonds at a price that its board determines.
(3) Nothing in this section may be construed to limit the right of an obligee to pursue a remedy for the enforcement of a pledge or lien given under this part by the authority on its rents, fees, grants, properties, or revenues.
Enacted by Chapter 23, 2007 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 1 - Military Installation Development Authority Act › Part 7 - Authority Budget and Reports › Section 701 - Annual authority budget -- Fiscal year -- Public hearing required -- Auditor forms -- Requirement to file form.

Effective 5/3/2023
63H-1-701.
Annual authority budget -- Fiscal year -- Public hearing required -- Auditor forms -- Requirement to file form.
(1) The authority shall prepare and its board adopt an annual budget of revenues and expenditures for the authority for each fiscal year.
(2) Each annual authority budget shall be adopted before June 30.
(3) The authority's fiscal year shall be the period from July 1 to the following June 30.
(4)
(a) Before adopting an annual budget, the authority board shall hold a public hearing on the annual budget.
(b) The authority shall provide notice of the public hearing on the annual budget by publishing notice, as a class A notice under Section 63G-30-102, for at least one week immediately before the day of the public hearing.
(c) The authority shall make the annual budget available for public inspection at least three days before the date of the public hearing.
(5) The state auditor shall prescribe the budget forms and the categories to be contained in each authority budget, including:
(a) revenues and expenditures for the budget year;
(b) legal fees; and
(c) administrative costs, including rent, supplies, and other materials, and salaries of authority personnel.
(6)
(a) Within 30 days after adopting an annual budget, the authority board shall file a copy of the annual budget with the auditor of each county in which a project area of the authority is located, the State Tax Commission, the state auditor, the State Board of Education, and each taxing entity that levies a tax on property from which the authority collects property tax allocation.
(b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the state as a taxing entity is met if the authority files a copy with the State Tax Commission and the state auditor.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 1 - Military Installation Development Authority Act › Part 7 - Authority Budget and Reports › Section 702 - Amending the authority annual budget.

63H-1-702.
Amending the authority annual budget.
(1) The authority board may by resolution amend an annual authority budget.
(2) An amendment of the annual authority budget that would increase the total expenditures may be made only after public hearing by notice published as required for initial adoption of the annual budget.
(3) The authority may not make expenditures in excess of the total expenditures established in the annual budget as it is adopted or amended.
Enacted by Chapter 23, 2007 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 1 - Military Installation Development Authority Act › Part 7 - Authority Budget and Reports › Section 703 - Authority report.

Effective 3/22/2021
63H-1-703.
Authority report.
(1)
(a) On or before November 1 of each year, the authority shall prepare and file a report with the county auditor of each county in which a project area of the authority is located, the State Tax Commission, the State Board of Education, and each taxing entity that levies a tax on property from which the authority collects property tax allocation.
(b) The requirement of Subsection (1)(a) to file a copy of the report with the state as a taxing entity is met if the authority files a copy with the State Tax Commission.
(2) Each report under Subsection (1) shall contain:
(a) an estimate of the property tax allocation to be paid to the authority for the calendar year ending December 31; and
(b) an estimate of the property tax allocation to be paid to the authority for the calendar year beginning the next January 1.
Amended by Chapter 414, 2021 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 1 - Military Installation Development Authority Act › Part 7 - Authority Budget and Reports › Section 704 - Audit requirements.

63H-1-704.
Audit requirements.
The authority shall comply with the audit requirements of Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act.
Enacted by Chapter 23, 2007 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 1 - Military Installation Development Authority Act › Part 7 - Authority Budget and Reports › Section 705 - Audit report.

Effective 3/30/2015
63H-1-705.
Audit report.
(1) The authority shall, within 180 days after the end of the authority's fiscal year, file a copy of the audit report with the county auditor, the State Tax Commission, the State Board of Education, and each taxing entity that levies a tax on property from which the authority collects property tax allocation.
(2) Each audit report under Subsection (1) shall include:
(a) the property tax allocation collected by the authority for each project area;
(b) the outstanding principal amount of bonds issued or other loans incurred to finance the costs associated with the authority's project areas; and
(c) the actual amount expended for:
(i) acquisition of property;
(ii) site improvements or site preparation costs;
(iii) installation of public utilities or other public improvements; and
(iv) administrative costs of the authority.
Amended by Chapter 377, 2015 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 1 - Military Installation Development Authority Act › Part 7 - Authority Budget and Reports › Section 706 - Authority chief financial officer is a public treasurer -- Certain authority funds are public funds.

Effective 3/30/2015
63H-1-706.
Authority chief financial officer is a public treasurer -- Certain authority funds are public funds.
(1) The authority's chief financial officer:
(a) is a public treasurer, as defined in Section 51-7-3; and
(b) shall invest the authority funds specified in Subsection (2) as provided in that subsection.
(2) Notwithstanding Subsection 63E-2-110(2)(a), property tax allocation funds, municipal services revenue, and appropriations that the authority receives from the state:
(a) are public funds; and
(b) shall be invested as provided in Title 51, Chapter 7, State Money Management Act.
Amended by Chapter 377, 2015 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 1 - Military Installation Development Authority Act › Part 8 - Authority Dissolution › Section 801 - Dissolution of authority -- Restrictions -- Filing copy of ordinance -- Authority records -- Dissolution expenses.

Effective 7/1/2021
63H-1-801.
Dissolution of authority -- Restrictions -- Filing copy of ordinance -- Authority records -- Dissolution expenses.
(1) The authority may not be dissolved unless the authority has no outstanding bonded indebtedness, other unpaid loans, indebtedness, or advances, and no legally binding contractual obligations with persons or entities other than the state.
(2) Upon the dissolution of the authority:
(a) the Governor's Office of Economic Opportunity shall publish a notice of dissolution:
(i) in a newspaper of general circulation in the county in which the dissolved authority is located; and
(ii) as required in Section 45-1-101; and
(b) all title to property owned by the authority vests in the state.
(3) The books, documents, records, papers, and seal of each dissolved authority shall be deposited for safekeeping and reference with the state auditor.
(4) The authority shall pay all expenses of the deactivation and dissolution.
Amended by Chapter 282, 2021 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 4 - Heber Valley Historic Railroad Authority › Section 101 - Title.

Affected by 63I-1-263 on 7/1/2024
63H-4-101.
Title.
This chapter is known as the "Heber Valley Historic Railroad Authority."
Renumbered and Amended by Chapter 370, 2011 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 4 - Heber Valley Historic Railroad Authority › Section 102 - Creation -- Members -- Chair -- Powers -- Quorum -- Per diem and expenses.

Affected by 63I-1-263 on 7/1/2024
Effective 7/1/2021
63H-4-102.
Creation -- Members -- Chair -- Powers -- Quorum -- Per diem and expenses.
(1) There is created an independent state agency and a body politic and corporate known as the "Heber Valley Historic Railroad Authority."
(2) The authority is composed of eight members as follows:
(a) one member of the county legislative body of Wasatch County;
(b) the mayor of Heber City;
(c) the mayor of Midway;
(d) the executive director of the Department of Transportation or the executive director's designee;
(e) the director of the Division of State Parks, or the director's designee; and
(f) three public members appointed by the governor with the advice and consent of the Senate, being private citizens of the state, as follows:
(i) two people representing the tourism industry, one each from Wasatch and Utah counties; and
(ii) one person representing the public at large.
(3) All members shall be residents of the state.
(4)
(a) Except as required by Subsection (4)(b), the three public members are appointed for four-year terms beginning July 1, 2010.
(b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of authority members are staggered so that approximately half of the authority is appointed every two years.
(5) Any of the three public members may be removed from office by the governor or for cause by an affirmative vote of any four members of the authority.
(6) When a vacancy occurs in the membership for any reason, the replacement is appointed for the unexpired term by the governor with advice and consent of the Senate for the unexpired term.
(7) Each public member shall hold office for the term of appointment and until a successor has been appointed and qualified.
(8) A public member is eligible for reappointment, but may not serve more than two full consecutive terms.
(9) The governor shall appoint the chair of the authority from among its members.
(10) The members shall elect from among their number a vice chair and other officers they may determine.
(11) The powers of the authority are vested in its members.
(12)
(a) Four members constitute a quorum for transaction of authority business.
(b) An affirmative vote of at least four members is necessary for any action taken by the authority.
(13) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Amended by Chapter 280, 2021 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 4 - Heber Valley Historic Railroad Authority › Section 103 - Executive director -- Powers and duties.

Affected by 63I-1-263 on 7/1/2024
63H-4-103.
Executive director -- Powers and duties.
(1)
(a) The members shall appoint an executive director who is an employee of the authority, but who is not a member of the authority.
(b) The executive director serves at the pleasure of the members and receives compensation as set by the members and approved by the governor.
(2) The executive director shall:
(a) administer, manage, and direct the affairs and activities of the authority in accordance with the policies, control, and direction of the members;
(b) approve all accounts for allowable expenses of the authority or of any of its employees and expenses incidental to the operation of the authority;
(c) attend the meetings of the authority;
(d) keep a record of the proceedings of the authority;
(e) maintain and be custodian of all books, documents, and papers filed with the authority; and
(f) perform other duties as directed by the members in carrying out the purposes of this chapter.
Renumbered and Amended by Chapter 370, 2011 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 4 - Heber Valley Historic Railroad Authority › Section 104 - Member or employee -- Disclosure of interest.

Affected by 63I-1-263 on 7/1/2024
63H-4-104.
Member or employee -- Disclosure of interest.
(1) A member or employee of the authority who has, will have, or later acquires an interest, direct or indirect, in a transaction with the authority shall immediately disclose the nature and extent of that interest in writing to the authority as soon as the member or employee has knowledge of the actual or prospective interest.
(2) This disclosure shall be entered upon the minutes of the authority.
(3) Upon this disclosure that member or employee may participate in any action by the authority authorizing the transaction.
Renumbered and Amended by Chapter 370, 2011 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 4 - Heber Valley Historic Railroad Authority › Section 105 - Officer or employee -- No forfeiture of office or employment.

Affected by 63I-1-263 on 7/1/2024
63H-4-105.
Officer or employee -- No forfeiture of office or employment.
Notwithstanding the provisions of any other law, an officer or employee of this state does not forfeit an officer's or employee's office or employment by reason of acceptance of membership on the authority or service on it.
Renumbered and Amended by Chapter 370, 2011 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 4 - Heber Valley Historic Railroad Authority › Section 106 - Authority -- Powers.

Affected by 63I-1-263 on 7/1/2024
63H-4-106.
Authority -- Powers.
(1) The authority shall operate and maintain a scenic and historic railroad in and around the Heber Valley.
(2) The authority has perpetual succession as a body politic and corporate and may:
(a) adopt, amend, and repeal rules, policies, and procedures for the regulation of its affairs and the conduct of its business;
(b) sue and be sued in its own name;
(c) maintain an office at a place within this state it designates;
(d) adopt, amend, and repeal bylaws and rules, not inconsistent with this chapter, to carry into effect the powers and purposes of the authority and the conduct of its business;
(e) purchase, lease, sell, and otherwise dispose of property and rights-of-way;
(f) employ experts and other professionals it considers necessary;
(g) employ and retain independent legal counsel;
(h) make and execute contracts and all other instruments necessary or convenient for the performance of its duties and the exercise of its duties under this chapter to operate and maintain a scenic railroad in and around the Heber Valley;
(i) procure insurance for liability and against any loss in connection with its property and other assets in amounts and from insurers it considers desirable;
(j) receive appropriations from the Legislature and receive other public money and accept aid or contributions from any source of money, property, labor, or other things of value to be held, used, and applied to carry out the purposes of this chapter, subject to the conditions upon which the grants and contributions are made, including gifts or grants from any department, agency, or instrumentality of the United States or of this state for any purpose consistent with this chapter;
(k) enter into agreements with any department, agency, or instrumentality of the United States or this state for the purpose of providing for the operation and maintenance of a scenic railway in and around the Heber Valley; and
(l) do any act necessary or convenient to the exercise of the powers granted by this chapter.
(3)
(a) All money received by the authority under Subsection (2)(j) and from any other source is for the exclusive use of the authority to operate, maintain, improve, and provide for a scenic and historic railway in and around the Heber Valley.
(b) The money received by the authority may not be used for any other purpose or by any other entity.
Renumbered and Amended by Chapter 370, 2011 General Session
2023 Utah Code › Title 63H - Independent State Entities › Chapter 4 - Heber Valley Historic Railroad Authority › Section 107 - Notes, bonds, other obligation -- Not debt liability -- Expenses payable from funds provided -- Agency without authority to incur liability on behalf of state.

Affected by 63I-1-263 on 7/1/2024
63H-4-107.
Notes, bonds, other obligation -- Not debt liability -- Expenses payable from funds provided -- Agency without authority to incur liability on behalf of state.
(1)
(a) An obligation or liability of the authority does not constitute a debt or liability of this state or of any of its political subdivisions nor does any obligation or liability constitute the loaning of credit of the state or of any of its political subdivisions nor may any obligation or liability of the authority be payable from funds other than those of the authority.
(b) All obligations of the authority shall contain a statement to the effect that the authority is obligated to pay them solely from the revenues or other funds of the authority and that this state or its political subdivisions are not obligated to pay them and that neither the faith and credit nor the taxing power of this state or any of its political subdivisions is pledged to the payment of them.
(2) All expenses incurred in carrying out this part are payable solely from money of the authority provided under this chapter, and nothing in this chapter may be construed to authorize the authority to incur indebtedness or liability on behalf of or payable by this state or any of its political subdivisions.
Renumbered and Amended by Chapter 370, 2011 General Session