Title 63H, Title 63H: Independent State Entities

63H-1-201. Creation of military installation development authority -- Status and powers of authority -- Limitation. (1) There is created a military installation development authority. (2) The authority is: an independent, nonprofit, separate body corporate and politic, with perpe…

63H-1-202. Applicability of other law. (1) As used in this section: "Subsidiary" means an authority subsidiary that is a public body as defined in Section. 52-4-103 "Subsidiary board" means the governing body of a subsidiary. (2) The authority or land within a project area is not…

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, resort communities tax, or additional resort communities sales tax, including an increase in the applicable tax rat…

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, except that de…

63H-1-205. MIDA accommodations tax. (1) As used in this section: "Accommodations and services" means an accommodation or service described in Subsection. 59-12-103(1)(i) "Accommodations and services" does not include amounts paid or charged that are not part of a rental room rate…

63H-1-206. Property exchange -- Freeway interchange construction. (1) 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 a…

63H-1-207. Authority jurisdiction over Department of Transportation property. (1) As used in this section: "Highway land" means land that is: owned by the Department of Transportation, created in Section; and 72-1-201 as of April 1, 2024, an area of no more than 35 total acres, a…

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: the authority acquires title to the former rail line as provided in Subsection; and (2) a portion of the former rail line is adjacent to the p…

63H-1-209. Immunity from contaminated property claims. (1) As used in this section: "Agency" means the same as that term is defined in Section. 57-25-102 "Claim" means an action, suit, claim, demand, allegation, or cause of action, whether grounded in law or equity, made in a cou…

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 …

63H-1-302. Number of board members -- Appointment. (1) The authority's board shall consist of seven members. (2) The governor shall appoint five members of the board as follows: one member shall be appointed who is interested in supporting military efforts in the state; subject t…

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 s…

63H-1-304. Annual conflict of interest disclosure statement -- Exception -- Penalties. (1) Except as provided in Subsection, a board member shall, no sooner than January 1 and no later than January 31 of each year during which the board member holds office on the authority's boar…

63H-1-401. Preparation of project area plan -- Required contents of project area plan. (1) The authority board shall adopt a project area plan as provided in this part. In order to adopt a project area plan, the authority board shall: prepare a draft project area plan; give notic…

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 …

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 Subsectionby publishing or causing to be published legal notice: (1…

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…

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 i…

63H-1-501. Authority receipt and use of property tax allocation -- Contractual annual payment -- Distribution of property tax allocation. (1) The authority may: subject to Subsection: (1)(b) receive up to 75% of the property tax allocation for up to 25 years, as provided in this …

63H-1-502. Allowable uses of property tax allocation and other funds. (1) Other than municipal services revenue, the authority may use the property tax allocation and other funds available to the authority: for any purpose authorized under this chapter; for administrative, overhe…

63H-1-503. Use of municipal services revenue. (1) The authority may use municipal services revenue to pay for: administrative, overhead, legal, and other operating expenses of the authority; and municipal services within the project area from which the revenue was collected. (2) …

63H-1-504. Authority funds nonlapsing. All funds received by the authority are nonlapsing.

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: adopts a parameters resolution that sets forth: the maximum: amount of the bonds; term; and interest …

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: the income and revenues of the projects financed with the proceeds of the bonds; the income and r…

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 purchase…

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 bond issued by the authority is not a gene…

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: by mandamus, suit, ac…

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 exc…

63H-1-701. Annual authority budget -- Fiscal year -- Public hearing required -- Auditor forms -- Requirement to file form. (1) The authority shall prepare an annual budget of revenues and expenditures for the authority for each fiscal year. (2) The board shall adopt the annual au…

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 req…

63H-1-703. Authority report. (1) 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…

63H-1-704. Audit requirements. The authority shall comply with the audit requirements of.

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 fr…

63H-1-706. Authority chief financial officer is a public treasurer -- Certain authority funds are public funds. (1) The authority's chief financial officer: is a public treasurer, as defined in Section; and 51-7-3 shall invest the authority funds specified in Subsectionas provide…

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 …

63H-4-101. Title. This chapter is known as the "Heber Valley Historic Railroad Authority."

63H-4-102. Creation -- Members -- Chair -- Powers -- Quorum -- Per diem and expenses -- Annual conflict of interest disclosure statement -- Exception -- Penalties. (1) There is created an independent state agency and a body politic and corporate known as the "Heber Valley Histori…

63H-4-103. Executive director -- Powers and duties. (1) The members shall appoint an executive director who is an employee of the authority, but who is not a member of the authority. The executive director serves at the pleasure of the members and receives compensation as set by …

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 writi…

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 o…

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: adopt, amend, and repeal rules, policies, and procedures…

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) An obligation or liability of the authority does not constitute a debt or liability of this state or of a…

63H-4-108. Relation to certain acts -- Participation in Risk Management Fund. (1) The authority is exempt from:; Title 51, Chapter 5, Funds Consolidation Act; Title 63A, Utah Government Operations Code; and Title 63J, Chapter 1, Budgetary Procedures Act. Title 63A, Chapter 17, Ut…

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.

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.

63H-4-111. Sales tax exemption. The authority and its operators are exempt from sales and use tax imposed under, for their purchases and sales related to the operation and maintenance of a scenic and historic railroad in and around the Heber Valley.