S.B. 104

1

STATE CAPITAL FACILITY BOARD -
2 CREATION AND OVERSIGHT
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: D. Chris Buttars
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill amends the Public Education Capital Outlay Act to create a state capital
11 facility board for schools.
12 Highlighted Provisions:
13 This bill:
14 . creates a state capital facility board for the management of funding and project
15 prioritization for the construction or remodeling of public school buildings;
16 . establishes board membership, organization, and staffing;
17 . assigns duties to the board, including prioritization of projects and allocation of
18 certain school capital funding; and
19 . establishes criteria for the board to use in prioritizing capital facility funding.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 This bill takes effect on July 1, 2008.
24 Utah Code Sections Affected:
25 ENACTS:
26 53A-21-201, Utah Code Annotated 1953
27 53A-21-202, Utah Code Annotated 1953

28 53A-21-203, Utah Code Annotated 1953
29 53A-21-204, Utah Code Annotated 1953
30 53A-21-205, Utah Code Annotated 1953
31 53A-21-206, Utah Code Annotated 1953
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 53A-21-201 is enacted to read:
35 Part 2. Utah School Facilities Board
36 53A-21-201. Definitions.
37 As used in this part:
38 (1) "Board" means the Utah School Facilities Board established in Section
39 53A-21-202 .
40 (2) "Needs identification index" means a methodology developed and used by the
41 board to prioritize projects submitted by school districts and charter schools, which:
42 (a) includes the following criteria:
43 (i) property tax base per student and property tax effort;
44 (ii) enrollment growth;
45 (iii) utilization of existing facility capacity, including:
46 (A) permanent and temporary facility usage; and
47 (B) use of alternative scheduling models which maximize use of existing facilities;
48 (iv) health and safety;
49 (v) overall facility condition;
50 (vi) suitability of facilities for the education program in the district or charter school;
51 and
52 (vii) other relevant criteria, if any, as determined by the board;
53 (b) assigns comparative weights to the criteria; and
54 (c) prioritizes each submitted project according to the criteria and criteria weights.
55 Section 2. Section 53A-21-202 is enacted to read:
56 53A-21-202. Creation -- Members -- Terms.
57 (1) There is created the Utah School Facilities Board.
58 (2) The board shall consist of nine members as follows:

59 (a) three non-legislator members appointed by the speaker of the House of
60 Representatives, not more than two of whom may be from the same political party;
61 (b) three non-legislator members appointed by the president of the Senate, not more
62 than two of whom may be from the same political party;
63 (c) one non-legislator member appointed by the governor;
64 (d) the director of the Governor's Office of Planning and Budget, who shall serve as an
65 ex officio member; and
66 (e) the state superintendent of public instruction, who shall serve as an ex officio
67 member.
68 (3) (a) Except for ex officio members under Subsections (2)(d) and (e), and except as
69 required by Subsection (3)(b), members shall be appointed to four-year terms.
70 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
71 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
72 board members are staggered so that approximately half of the board is appointed every two
73 years.
74 Section 3. Section 53A-21-203 is enacted to read:
75 53A-21-203. Organization -- Vacancies.
76 (1) The board shall elect one of the board members as chairperson.
77 (2) (a) If one of the members appointed by the speaker of the House of Representatives
78 resigns or is unable to serve, the speaker of the House of Representatives shall appoint a person
79 to fill the vacancy.
80 (b) If one of the members appointed by the president of the Senate resigns or is unable
81 to serve, the president of the Senate shall appoint a person to fill the vacancy.
82 (c) If the member appointed by the governor resigns or is unable to serve, the governor
83 shall appoint a person to fill the vacancy.
84 Section 4. Section 53A-21-204 is enacted to read:
85 53A-21-204. Duties -- Authorizations -- Prohibitions.
86 (1) The board shall:
87 (a) meet at least six times annually to consider and prioritize school facility funding
88 requests;
89 (b) establish a needs identification index that prioritizes school facility construction

90 and renovation projects submitted by school districts and charter schools;
91 (c) to the extent the Legislature appropriates funds to the board for this purpose,
92 allocate capital facility funding to school districts and charter schools, in priority order based
93 on the needs identification index prioritization, until appropriated funds are exhausted or all
94 submitted projects are funded; and
95 (d) enact rules in accordance with Title 63, Chapter 46a, Utah Administrative
96 Rulemaking Act, to:
97 (i) prescribe application forms and procedures;
98 (ii) establish criterion definitions and criterion weights for the needs identification
99 index; and
100 (iii) require that every four dollars of state funding be matched by at least one dollar in
101 local funding.
102 (2) The board may advise the governor and the Legislature on school capital facility
103 issues.
104 (3) The board may not:
105 (a) require an applicant to use a specific school facility design; or
106 (b) require an applicant to build a facility in a specific location.
107 Section 5. Section 53A-21-205 is enacted to read:
108 53A-21-205. Board staff services.
109 The state superintendent shall appoint necessary personnel from the superintendent's
110 staff to provide staff services to the board.
111 Section 6. Section 53A-21-206 is enacted to read:
112 53A-21-206. Compensation of members -- Expenses.
113 (1) (a) Members who are not government employees may not receive compensation or
114 benefits for their services, but may receive per diem and expenses incurred in the performance
115 of the member's official duties at the rates established by the Division of Finance under
116 Sections 63A-3-106 and 63A-3-107 .
117 (b) Members may decline to receive per diem and expenses for their service.
118 (2) (a) State government officer and employee members who do not receive salary, per
119 diem, or expenses from their agency for their service may receive per diem and expenses
120 incurred in the performance of their official duties from the commission at the rates established

121 by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
122 (b) State government officer and employee members may decline to receive per diem
123 and expenses for their service.
124 Section 7. Effective date.
125 This bill takes effect on July 1, 2008.




Legislative Review Note
as of 12-12-07 11:12 AM

Office of Legislative Research and General Counsel