S.B. 158 Enrolled

DONATION OF BUILDINGS TO UNIVERSITIES
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Howard A. Stephenson
AN ACT RELATING TO HIGHER EDUCATION; GRANTING CONDITIONAL AUTHORITY
TO THE BOARD OF REGENTS TO ACCEPT BUILDINGS DONATED TO HIGHER
EDUCATION INSTITUTIONS WITHOUT OBTAINING APPROVAL FROM THE
DIVISION OF FACILITIES CONSTRUCTION AND MANAGEMENT; AND MAKING
TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
53B-20-103, as enacted by Chapter 167, Laws of Utah 1987
63-56-23, as enacted by Chapter 75, Laws of Utah 1980
63A-5-204, as last amended by Chapter 3, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53B-20-103 is amended to read:
53B-20-103. Powers of state board -- Capital facilities projects -- Exceptions.
(1) As used in this section, "capital facilities projects and buildings" includes any one or
more institutional projects and buildings.
[The] (2) The board, on behalf of the institutions of higher education, may [do the
following]:
[(1)] (a) acquire, purchase, construct, improve, remodel, add to, and extend capital
facilities projects and buildings including necessary and related utilities;
(b) accept buildings, land, or a combination of buildings and land, donated to an eligible
higher education institution without obtaining approval of the donation from the director of the
Division of Facilities Construction and Management;
[(2)] (c) acquire necessary and suitable equipment, furnishings, and land for institutional
projects and buildings;
[(3)] (d) set aside portions of campuses for institutional projects and buildings;

[(4)] (e) maintain and operate institutional projects and buildings; and
[(5)] (f) impose and collect rents, fees, and charges for the use of institutional projects and
buildings.
(3) Notwithstanding any other provision of law, if a donor donates land to an eligible
institution of higher education and commits to build a building or buildings on that land, and the
institution agrees to provide funds for the operations and maintenance costs from sources other than
state funds, and agrees that the building or buildings will not be eligible for state capital
improvement funding, the higher education institution may:
(a) oversee and manage the construction without involvement, oversight, or management
from the Division of Facilities Construction and Management; or
(b) arrange for management of the project by the Division of Facilities Construction and
Management.
["Projects" and "buildings" include any one or more of such facilities.]
Section 2. Section 63-56-23 is amended to read:
63-56-23. Circumstances justifying award of contract without competition.
A contract may be awarded for a supply, service, or construction item without competition
when, under rules and regulations, the chief procurement officer, the head of a purchasing agency,
or a designee of either officer above the level of procurement officer determines in writing that:
(1) there is only one source for the required supply, service, or construction item; or
(2) the award to a specific supplier, service provider, or contractor is a condition of a
donation that will fund the full cost of the supply, service, or construction item.
Section 3. Section 63A-5-204 is amended to read:
63A-5-204. Specific powers and duties of director.
(1) The director shall:
(a) recommend rules to the executive director for the use and management of facilities and
grounds owned or occupied by the state for the use of its departments and agencies;
(b) supervise and control the allocation of space, in accordance with legislative directive
through annual appropriations acts or other specific legislation, to the various departments,

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commissions, institutions, and agencies in the capitol, the state office building, and all other
buildings or space owned, leased, or rented by or to the state, except as otherwise provided by law;
(c) comply with the procedures and requirements of Title 63A, Chapter 5, Part 3, Division
of Facilities Construction and Management Leasing;
(d) acquire, as authorized by the Legislature through the appropriations act or other specific
legislation, and hold title to, in the name of the division, all real property, buildings, fixtures, or
appurtenances owned by the state or any of its agencies;
(e) recommend to the executive director rules to govern traffic flow and vehicle parking on
roadways and parking lots which surround the capitol and that are a part of Utah State Highway 293;
(f) adopt and use a common seal, of a form and design determined by the director, and of
which courts shall take judicial notice;
(g) file a description and impression of the seal with the Division of Archives;
(h) collect and maintain all deeds, abstracts of title, and all other documents evidencing title
to or interest in property belonging to the state or any of its departments, except institutions of higher
education and the School and Institutional Trust Lands Administration;
(i) report all properties acquired by the state, except those acquired by institutions of higher
education, to the director of the Division of Finance for inclusion in the state's financial records; and
(j) take all other action necessary for carrying out the purposes of this chapter.
(2) (a) The director shall direct or delegate maintenance and operations, preventive
maintenance, and facilities inspection programs and activities for any department, commission,
institution, or agency, except state institutions of higher education.
(b) The director may choose to delegate responsibility for these functions only when the
director determines that:
(i) the department or agency has requested the responsibility;
(ii) the department or agency has the necessary resources and skills to comply with facility
maintenance standards approved by the State Building Board; and
(iii) the delegation would result in net cost savings to the state as a whole.
(c) State institutions of higher education are exempt from Division of Facilities Construction

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and Management oversight.
(d) Each state institution of higher education shall comply with the facility maintenance
standards approved by the State Building Board.
(e) Agencies and institutions that are exempt from division oversight shall annually report
their compliance with the facility maintenance standards to the division in the format required by
the division.
(f) The division shall:
(i) prescribe a standard format for reporting compliance with the facility maintenance
standards;
(ii) report agency and institution compliance or noncompliance with the standards to the
Legislature; and
(iii) conduct periodic audits of exempt agencies and institutions to ensure that they are
complying with the standards.
(3) (a) In making any allocations of space under Subsection (1), the director shall:
(i) conduct studies to determine the actual needs of each department, commission,
institution, or agency; and
(ii) comply with the restrictions contained in Subsection (3).
(b) The supervision and control of the legislative area is reserved to the Legislature.
(c) The supervision and control of the judicial area is reserved to the judiciary for trial courts
only.
(d) The director may not supervise or control the allocation of space for entities in the public
and higher education systems.
(4) The director may:
(a) hire or otherwise procure assistance and services, professional, skilled, or otherwise, that
are necessary to carry out the director's responsibilities, and may expend funds provided for that
purpose either through annual operating budget appropriations or from nonlapsing project funds;
(b) sue and be sued in the name of the division; and
(c) hold, buy, lease, and acquire by exchange or otherwise, as authorized by the Legislature

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through an appropriations act or other specific legislation, whatever real or personal property that
is necessary for the discharge of the director's duties.
(5) Notwithstanding the provisions of Subsection (1)(d), the following entities may hold title
to any real property, buildings, fixtures, and appurtenances held by them for purposes other than
administration that are under their control and management:
(a) the Office of Trust Administrator;
(b) the Department of Transportation;
(c) the Division of Forestry, Fire and State Lands;
(d) the Department of Natural Resources;
(e) the Utah National Guard;
(f) any area vocational center or other institution administered by the State Board of
Education; and
(g) any institution of higher education.
(6) Notwithstanding any other provision in this part, the Board of Regents may accept
buildings, land, or a combination of buildings and land, donated to an eligible higher education
institution without obtaining approval of the donation from the director of the Division of Facilities
Construction and Management.
(7) Notwithstanding any other provision of this section, if a donor donates land to an eligible
institution of higher education and commits to build a building or buildings on that land, and the
institution agrees to provide funds for the operations and maintenance costs from sources other than
state funds, and agrees that the building or buildings will not be eligible for state capital
improvement funding, the higher education institution may:
(a) oversee and manage the construction without involvement, oversight, or management
from the Division of Facilities Construction and Management; or
(b) arrange for management of the project by the Division of Facilities Construction and
Management.
[(6)] (8) Notwithstanding Subsections (1)(c) and (d), the School and Institutional Trust
Lands Administration may hold title to any real property, buildings, fixtures, and appurtenances held

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by it that are under its control.

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