H.B. 2 Enrolled

2000 BOND BILL AND CAPITAL
FACILITIES AUTHORIZATIONS
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Gerry A. Adair
AN ACT RELATING TO FINANCING CAPITAL INFRASTRUCTURE; REDIRECTING
CERTAIN BOND PROCEEDS ALREADY AUTHORIZED; APPROVING THE ISSUANCE
OF CERTAIN OBLIGATIONS BY THE STATE BOARD OF REGENTS; AUTHORIZING
OTHER CAPITAL FACILITY EXPENDITURES; PROVIDING FOR RELATED MATTERS;
AND MAKING TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
63B-6-102, as last amended by Chapter 67, Laws of Utah 1998
63B-7-102, as enacted by Chapter 67, Laws of Utah 1998
63B-8-402, as enacted by Chapter 309, Laws of Utah 1999
63B-8-408, as enacted by Chapter 309, Laws of Utah 1999
ENACTS:
63B-9-101, Utah Code Annotated 1953
63B-9-102, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63B-6-102 is amended to read:
63B-6-102. Maximum amount -- Projects authorized.
(1) The total amount of bonds issued under this part may not exceed $57,000,000.
(2) (a) Proceeds from the issuance of bonds shall be provided to the division to provide
funds to pay all or part of the cost of acquiring and constructing the projects listed in this
Subsection (2).
(b) These costs may include the cost of acquiring land, interests in land, easements and
rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities and
all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or

convenient to the facilities, interest estimated to accrue on these bonds during the period to be
covered by construction of the projects plus a period of six months after the end of the construction
period, and all related engineering, architectural, and legal fees.
(c) For the division, proceeds shall be provided for the following:
CAPITAL AND ECONOMIC DEVELOPMENT
ESTIMATED
OPERATIONS
AMOUNT AND
PROJECT DESCRIPTION FUNDED MAINTENANCE
Youth Corrections - Carbon / Emery (18 beds) $2,298,100 $70,000
State Hospital - 100 bed Forensic Facility $13,800,700 $320,600
Utah State University - Widtsoe Hall $23,986,700 $750,200
Davis Applied Technology Center $6,344,900 $144,000
- Medical/Health Tech Addition
Southern Utah University -- Physical $1,100,000 $456,100
Education Building (Design)
Salt Lake Community College -- High $1,165,000 $718,500
Technology Building, 90th So. Campus (Design)
Department of Natural Resources - Antelope $3,600,000 None
Island Road
Youth Corrections $1,500,000 None
- Region 1 72 Secured Bed Facility
Department of Natural Resources - Dead Horse $1,350,000 $5,700
Point Visitors Center
National Guard $1,600,000 $5,700
TOTAL CAPITAL AND ECONOMIC [$55,145,400] $56,745,400
DEVELOPMENT
(d) For purposes of this section, operations and maintenance costs:

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(i) are estimates only;
(ii) may include any operations and maintenance costs already funded in existing agency
budgets; and
(iii) are not commitments by this Legislature or future Legislatures to fund those operations
and maintenance costs.
(3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
constitute a limitation on the amount that may be expended for any project.
(b) The board may revise these estimates and redistribute the amount estimated for a project
among the projects authorized.
(c) The commission, by resolution and in consultation with the board, may delete one or more
projects from this list if the inclusion of that project or those projects in the list could be construed
to violate state law or federal law or regulation.
(4) (a) The division may enter into agreements related to these projects before the receipt of
proceeds of bonds issued under this chapter.
(b) The division shall make those expenditures from unexpended and unencumbered building
funds already appropriated to the Capital Projects Fund.
(c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds of
bonds issued under this chapter.
(d) The commission may, by resolution, make any statement of intent relating to that
reimbursement that is necessary or desirable to comply with federal tax law.
(5) (a) For those projects for which only partial funding is provided in Subsection (2), it is
the intent of the Legislature that the balance necessary to complete the projects be addressed by
future Legislatures, either through appropriations or through the issuance or sale of bonds.
(b) For those phased projects, the division may enter into contracts for amounts not to exceed
the anticipated full project funding but may not allow work to be performed on those contracts in
excess of the funding already authorized by the Legislature.
(c) Those contracts shall contain a provision for termination of the contract for the
convenience of the state as required by Section 63-56-40 .

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(d) It is also the intent of the Legislature that this authorization to the division does not bind
future Legislatures to fund projects initiated from this authorization.
Section 2. Section 63B-7-102 is amended to read:
63B-7-102. Maximum amount -- Projects authorized.
(1) The total amount of bonds issued under this part may not exceed $33,600,000.
(2) (a) Proceeds from the issuance of bonds shall be provided to the division to provide funds
to pay all or part of the cost of acquiring and constructing the projects listed in this Subsection (2).
(b) These costs may include the cost of acquiring land, interests in land, easements and
rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities and
all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or convenient
to the facilities, interest estimated to accrue on these bonds during the period to be covered by
construction of the projects plus a period of six months after the end of the construction period, and
all related engineering, architectural, and legal fees.
(c) For the division, proceeds shall be provided for the following:
PROJECT AMOUNT ESTIMATED
DESCRIPTION FUNDED OPERATIONS AND
MAINTENANCE
Southern Utah University $4,600,000 $0
Land Purchase
Salt Lake Community College $3,980,700 $507,900
High Tech Center -
Jordan Campus
Children's Special Health Care $755,400 $247,600
Needs Clinic
Youth Corrections - 2 @ 32 beds $419,500 $276,000
(Vernal / Logan)
Corrections - Gunnison 288 bed $8,425,600 $0
and Lagoon Expansion

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University of Utah - $445,500 $101,700
Cowles Building
Utah Valley State College - $1,166,300 $391,000
Technical Building
Sevier Valley Applied Technology $3,014,300 $443,300
Center - Shop Expansion
Division of Parks and Recreation $1,000,000 $22,700
Statewide Restrooms
Murray Highway Patrol Office $2,300,000 $81,000
Department of Workforce $2,780,000 $128,100
Services - Davis County
Employment Center
[National Guard -] [$1,600,000] [$72,000]
[American Fork/Lehi Armory]
State Hospital - Rampton II $1,600,000 $462,000
Courts - 4th District $1,368,000 $0
Land - Provo
Dixie College - Land $1,000,000 $0
TOTAL CAPITAL AND $32,855,300
ECONOMIC DEVELOPMENT
(d) For purposes of this section, operations and maintenance costs:
(i) are estimates only;
(ii) may include any operations and maintenance costs already funded in existing agency
budgets; and
(iii) are not commitments by this Legislature or future Legislatures to fund those operations
and maintenance costs.
(3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
constitute a limitation on the amount that may be expended for any project.

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(b) The board may revise these estimates and redistribute the amount estimated for a project
among the projects authorized.
(c) The commission, by resolution and in consultation with the board, may delete one or more
projects from this list if the inclusion of that project or those projects in the list could be construed
to violate state law or federal law or regulation.
(4) (a) The division may enter into agreements related to these projects before the receipt of
proceeds of bonds issued under this chapter.
(b) The division shall make those expenditures from unexpended and unencumbered building
funds already appropriated to the Capital Projects Fund.
(c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds of
bonds issued under this chapter.
(d) The commission may, by resolution, make any statement of intent relating to that
reimbursement that is necessary or desirable to comply with federal tax law.
(5) (a) For those projects for which only partial funding is provided in Subsection (2), it is
the intent of the Legislature that the balance necessary to complete the projects be addressed by
future Legislatures, either through appropriations or through the issuance or sale of bonds.
(b) For those phased projects, the division may enter into contracts for amounts not to exceed
the anticipated full project funding but may not allow work to be performed on those contracts in
excess of the funding already authorized by the Legislature.
(c) Those contracts shall contain a provision for termination of the contract for the
convenience of the state as required by Section 63-56-40 .
(d) It is also the intent of the Legislature that this authorization to the division does not bind
future Legislatures to fund projects initiated from this authorization.
Section 3. Section 63B-8-402 is amended to read:
63B-8-402. Maximum amount -- Projects authorized.
(1) The total amount of bonds issued under this part may not exceed $7,400,000.
(2) (a) Proceeds from the issuance of bonds shall be provided to the [State Tax Commission]
division to provide funds to pay all or part of the cost of acquiring and constructing the project

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[described] listed in this Subsection (2).
(b) These costs may include[:] the cost of acquiring land, interests in land, easements and
rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities and
all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or convenient
to the facilities, interest estimated to accrue on these bonds during the period to be covered by
construction of the projects plus a period of six months after the end of the construction period, and
all related engineering, architectural, and legal fees.
[(i) the cost of acquisition, development, and conversion of computer hardware and software
for motor vehicle fee systems and tax collection and accounting systems of the state;]
[(ii) interest estimated to accrue on these bonds during the period to be covered by that
development and conversion, plus a period of six months following the completion of the
development and conversion; and]
[(iii) all related engineering, consulting, and legal fees.]
(c) For the [State Tax Commission] division, proceeds shall be provided for the following:
PROJECT AMOUNT ESTIMATED
DESCRIPTION FUNDED OPERATIONS AND
MAINTENANCE
[UTAX Systems --] [$7,000,000]
[Acquisition and Development]
State Hospital - Rampton II $7,000,000 $462,000
[(3) The commission, by resolution, may decline to issue bonds if the project could be
construed to violate state law or federal law or regulation.]
[(4) (a) For this project, for which only partial funding is provided in Subsection (2), it is the
intent of the Legislature that the balance necessary to complete the project be addressed by future
Legislatures, either through appropriations or through the issuance or sale of bonds.]
[(b) The State Tax Commission may enter into contracts for amounts not to exceed the
anticipated full project funding but may not allow work to be performed on those contracts in excess
of the funding already authorized by the Legislature.]

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[(c) Those contracts shall contain a provision for termination of the contract for the
convenience of the state as required by Section 63-56-40 .]
[(d) It is also the intent of the Legislature that this authorization to the State Tax Commission
does not bind future Legislatures to fund projects initiated from this authorization.]
(d) For purposes of this section, operations and maintenance costs:
(i) are estimates only;
(ii) may include any operations and maintenance costs already funded in existing agency
budgets; and
(iii) are not commitments by this Legislature or future Legislatures to fund those operations
and maintenance costs.
(3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
constitute a limitation on the amount that may be expended for any project.
(b) The board may revise these estimates and redistribute the amount estimated for a project
among the projects authorized.
(c) The commission, by resolution and in consultation with the board, may delete one or more
projects from this list if the inclusion of that project or those projects in the list could be construed
to violate state law or federal law or regulation.
(4) (a) The division may enter into agreements related to these projects before the receipt of
proceeds of bonds issued under this chapter.
(b) The division shall make those expenditures from unexpended and unencumbered building
funds already appropriated to the Capital Projects Fund.
(c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds of
bonds issued under this chapter.
(d) The commission may, by resolution, make any statement of intent relating to that
reimbursement that is necessary or desirable to comply with federal tax law.
(5) (a) For those projects for which only partial funding is provided in Subsection (2), it is
the intent of the Legislature that the balance necessary to complete the projects be addressed by
future Legislatures, either through appropriations or through the issuance or sale of bonds.

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(b) For those phased projects, the division may enter into contracts for amounts not to exceed
the anticipated full project funding but may not allow work to be performed on those contracts in
excess of the funding already authorized by the Legislature.
(c) Those contracts shall contain a provision for termination of the contract for the
convenience of the state as required by Section 63-56-40 .
(d) It is also the intent of the Legislature that this authorization to the division does not bind
future Legislatures to fund projects initiated from this authorization.
Section 4. Section 63B-8-408 is amended to read:
63B-8-408. Creation of sinking fund.
(1) There is created a sinking fund, to be administered by the state treasurer, entitled the
"1999 [UTAX] General Obligation Capital Project Bonds Sinking Fund."
(2) All monies deposited in the sinking fund, from whatever source, shall be used to pay debt
service on the bonds.
(3) The proceeds of all taxes levied under this chapter are appropriated to this fund.
(4) The state treasurer may create separate accounts within the sinking fund for each series
of bonds issued.
Section 5. Section 63B-9-101 is enacted to read:
CHAPTER 9. 2000 BONDING AND FINANCING AUTHORIZATIONS
Part 1. Revenue Bond and Other Capital Facility Authorizations
63B-9-101. Revenue bond authorizations.
It is the intent of the Legislature that:
(1) the Board of Regents issue, sell, and deliver revenue bonds or other evidences of
indebtedness of the Board of Regents to borrow money on the credit, revenues, and reserves of the
Higher Education Student Loan Program to finance the cost of acquiring, constructing, furnishing,
and equipping office space;
(2) funds within the Board of Regents budget that would otherwise be expended for rent be
used as the primary revenue source for repayment of any obligation created under authority of this
section;

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(3) the Board of Regents may not request an increase in state appropriations for rent to be
used for repayment of any obligation created under authority of this section;
(4) the Board of Regents may not request an increase, beyond that resulting from inflation,
in state appropriations for operations and maintenance of the facility acquired or constructed under
this section; and
(5) the bonds or other evidences of indebtedness authorized by this section may provide up
to $8,000,000, together with other amounts necessary to pay costs of issuance, pay capitalized
interest, and fund any debt service reserve requirements.
Section 6. Section 63B-9-102 is enacted to read:
63B-9-102. Other capital facility authorizations and intent language.
(1) It is the intent of the Legislature that:
(a) Utah State University use institutional funds to plan, design, and construct a renovation
and expansion of the Edith Bowen School under the direction of the director of the Division of
Facilities Construction and Management unless supervisory authority has been delegated;
(b) no state funds be used for any portion of this project; and
(c) the university may request state funds for operations and maintenance to the extent that
the university is able to demonstrate to the Board of Regents that the facility meets approved
academic and training purposes under Board of Regents policy R710.
(2) It is the intent of the Legislature that:
(a) the University of Utah use institutional funds to plan, design, and construct a College of
Science Math Center under the direction of the director of the Division of Facilities Construction and
Management unless supervisory authority has been delegated;
(b) no state funds be used for any portion of this project; and
(c) the university may request state funds for operations and maintenance to the extent that
the university is able to demonstrate to the Board of Regents that the facility meets approved
academic and training purposes under Board of Regents policy R710.
(3) It is the intent of the Legislature that:
(a) the University of Utah use institutional funds to plan, design, and construct a Burbidge

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Athletics and Academics Building under the direction of the director of the Division of Facilities
Construction and Management unless supervisory authority has been delegated;
(b) no state funds be used for any portion of this project; and
(c) the university may not request state funds for operations and maintenance.
(4) It is the intent of the Legislature that:
(a) the University of Utah use institutional funds to plan, design, and construct an expansion
to the bookstore under the direction of the director of the Division of Facilities Construction and
Management unless supervisory authority has been delegated;
(b) no state funds be used for any portion of this project; and
(c) the university may not request state funds for operations and maintenance.
(5) It is the intent of the Legislature that:
(a) the University of Utah use institutional funds to plan, design, and construct a Health
Sciences/Basic Sciences Building under the direction of the director of the Division of Facilities
Construction and Management unless supervisory authority has been delegated;
(b) no state funds be used for any portion of this project; and
(c) the university may request state funds for operations and maintenance to the extent that
the university is able to demonstrate to the Board of Regents that the facility meets approved
academic and training purposes under Board of Regents policy R710.
(6) It is the intent of the Legislature that:
(a) Weber State University use institutional funds to plan, design, and construct an expansion
to the stadium under the direction of the director of the Division of Facilities Construction and
Management unless supervisory authority has been delegated;
(b) no state funds be used for any portion of this project; and
(c) the university may not request state funds for operations and maintenance.
(7) It is the intent of the Legislature that:
(a) Utah Valley State College use institutional funds to plan, design, and construct a baseball
stadium under the direction of the director of the Division of Facilities Construction and Management
unless supervisory authority has been delegated;

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(b) no state funds be used for any portion of this project; and
(c) the college may not request state funds for operations and maintenance.
(8) It is the intent of the Legislature that:
(a) Southern Utah University use institutional funds to plan, design, and construct a weight
training room under the direction of the director of the Division of Facilities Construction and
Management unless supervisory authority has been delegated;
(b) no state funds be used for any portion of this project; and
(c) the university may not request state funds for operations and maintenance.
(9) It is the intent of the Legislature that:
(a) Snow College may lease land at the Snow College South campus to a private developer
for the construction and operation of student housing;
(b) the oversight and inspection of the construction comply with Section 63A-5-206 ;
(c) no state funds be used for any portion of this project; and
(d) the college may not request state funds for operations and maintenance.
(10) It is the intent of the Legislature that:
(a) Salt Lake Community College may lease land at the Jordan campus to Jordan School
District for the construction and operation of an Applied Technology Education Center;
(b) the oversight and inspection of the construction comply with Section 63A-5-206 ;
(c) no state funds be used for any portion of this project; and
(d) the college may not request state funds for operations and maintenance.
(11) It is the intent of the Legislature that:
(a) the Department of Transportation exchange its maintenance station at Kimball Junction
for property located near Highway 40 in Summit County; and
(b) the Department of Transportation use federal funds, rent paid by the Salt Lake Organizing
Committee for the use of the maintenance station, and any net proceeds resulting from the exchange
of property to construct a replacement facility under the direction of the director of the Division of
Facilities Construction and Management unless supervisory authority has been delegated.
(12) It is the intent of the Legislature that:

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(a) the Department of Transportation sell surplus property in Utah County;
(b) the Department of Transportation use funds from that sale to remodel existing space and
add an addition to the Region 3 Complex; and
(c) the project cost not exceed the funds received through sale of property.
(13) It is the intent of the Legislature that the Department of Workforce Services use
proceeds from property sales to purchase additional property adjacent to its state-owned facility in
Logan.
(14) (a) It is the intent of the Legislature that, because only partial funding is provided for
the Heat Plant/Infrastructure Project at Utah State University, the balance necessary to complete this
project be addressed by future Legislatures, either through appropriations or through the issuance of
bonds.
(b) (i) In compliance with Section 63A-5-207 , the division may enter into contracts for
amounts not to exceed the anticipated full project funding but may not allow work to be performed
on those contracts in excess of the funding already authorized by the Legislature.
(ii) Those contracts shall contain a provision for termination of the contract for the
convenience of the state as required by Section 63-56-40 .
(c) It is also the intent of the Legislature that this authorization to the division does not bind
future Legislatures to fund the Heat Plant/Infrastructure Project at Utah State University.

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