S.B. 177 Enrolled

REVIEW OF LEASE OR PURCHASE OF
UTAH STATE DEVELOPMENTAL CENTER
LAND BY UTAH VALLEY STATE COLLEGE
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: LeRay McAllister
AN ACT RELATING TO STATE AFFAIRS IN GENERAL; MANDATING THAT THE
BOARD OF REGENTS REVIEW THE ADVISABILITY OF THE LEASE OR PURCHASE
BY UTAH VALLEY STATE COLLEGE OF CERTAIN LANDS OWNED BY THE UTAH
STATE DEVELOPMENTAL CENTER; AND MAKING TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
63A-5-220, as last amended by Chapter 179, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63A-5-220 is amended to read:
63A-5-220. Definitions -- Creation of Trust Fund for People with Disabilities -- Use
of trust fund monies -- Review -- Study.
(1) As used in this section:
(a) "Developmental center" means the Utah State Developmental Center described in
Section 62A-5-201 .
(b) "Division" means the Division of Services for People with Disabilities within the
Department of Human Services.
(c) "Fund" means the Trust Fund for People with Disabilities created by this section.
(2) Notwithstanding the provisions of Section 63A-5-215 , any monies received by the
division from the sale, lease, except any lease existing on May 1, 1995, or other disposition of real
property associated with the developmental center shall be deposited in the fund.
(3) (a) There is created a restricted account within the General Fund entitled the "Trust
Fund for People with Disabilities."
(b) The Division of Finance shall deposit the following revenues into the fund:

(i) revenue from the sale, lease, except any lease existing on May 1, 1995, or other
disposition of real property associated with the developmental center;
(ii) revenue from the sale, lease, or other disposition of water rights associated with the
developmental center; and
(iii) revenue from voluntary contributions made to the fund.
(c) Notwithstanding the provisions of Section 65A-4-1 , any sale or disposition of real
property or water rights associated with the developmental center shall be conducted as [follows:]
provided in this Subsection (3)(c).
(i) [the] The division shall secure the approval of the governor through the director of the
Division of Facilities Construction and Management before making the sale or other disposition of
land or water rights[; and].
(ii) [the] The Division of Facilities Construction and Management shall sell or otherwise
dispose of the land or water rights as directed by the governor.
(d) The state treasurer shall invest monies contained in the fund according to the procedures
and requirements of Title 51, Chapter 7, State Money Management Act, and all interest shall remain
with the fund.
(e) (i) The Legislature may appropriate from the principal of the fund and from interest
earned on fund monies to the Division of Services for People with Disabilities within the Department
of Human Services for use by that division for programs described in Title 62A, Chapter 5.
(ii) Fund monies appropriated under Subsection (i) may not be expended unless reviewed
by the Board of Services for People with Disabilities within the Department of Human Services.
(4) By July 1, 1998, the Board of Regents shall:
(a) review the advisability of leasing developmental center land by Utah Valley State
College;
(b) in conducting their review, consult with the Division of Facilities Construction and
Management about the advantages and disadvantages of the leasing and purchasing options;
(c) if the board determines that a lease or purchase is advisable, identify which land should
be acquired, the terms of the lease or purchase, and the financing mechanism to be used; and

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(d) report its findings, conclusions, and recommendations to the Education Interim
Committee, the Health and Human Services Interim Committee, and the Executive Appropriations
Interim Committee.

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