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S.B. 258

             1     

RENAME UTAH STATE UNIVERSITY - COLLEGE OF

             2     
EASTERN UTAH

             3     
2013 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: David P. Hinkins

             6     
House Sponsor: Jerry B. Anderson

             7     
             8      LONG TITLE
             9      General Description:
             10          This bill modifies the Utah Code to change the name of Utah State University - College
             11      of Eastern Utah to Utah State University Eastern.
             12      Highlighted Provisions:
             13          This bill:
             14          .    modifies the Utah Code to change the name of Utah State University - College of
             15      Eastern Utah to Utah State University Eastern.
             16      Money Appropriated in this Bill:
             17          None
             18      Other Special Clauses:
             19          None
             20      Utah Code Sections Affected:
             21      AMENDS:
             22          53A-15-202, as last amended by Laws of Utah 2010, Chapter 211
             23          53B-1-103, as last amended by Laws of Utah 2010, Chapter 211
             24          53B-2a-103, as last amended by Laws of Utah 2010, Chapters 211 and 286
             25          53B-8-101, as last amended by Laws of Utah 2010, Chapter 211
             26          53B-16-207, as last amended by Laws of Utah 2010, Chapter 211
             27          53B-16-208, as last amended by Laws of Utah 2010, Chapter 211


             28          53B-18-1201, as enacted by Laws of Utah 2010, Chapter 211
             29          63B-2-301, as last amended by Laws of Utah 2008, Chapter 382
             30          63B-4-201, as last amended by Laws of Utah 2009, Chapter 344
             31          63B-5-102 (Effective 05/01/13), as last amended by Laws of Utah 2012, Chapter 347
             32          63B-5-201, as last amended by Laws of Utah 2005, Chapter 148
             33          63B-7-502, as last amended by Laws of Utah 2001, Chapter 9
             34          63B-16-401, as enacted by Laws of Utah 2007, Chapter 174
             35     
             36      Be it enacted by the Legislature of the state of Utah:
             37          Section 1. Section 53A-15-202 is amended to read:
             38           53A-15-202. Powers of the board.
             39          The State Board of Education:
             40          (1) shall establish minimum standards for career and technical education programs in
             41      the public education system;
             42          (2) may apply for, receive, administer, and distribute funds made available through
             43      programs of federal and state governments to promote and aid career and technical education;
             44          (3) shall cooperate with federal and state governments to administer programs which
             45      promote and maintain career and technical education;
             46          (4) shall cooperate with the Utah College of Applied Technology, Salt Lake
             47      Community College's School of Applied Technology, Snow College, and [Utah State
             48      University-College of Eastern Utah] Utah State University Eastern to ensure that students in
             49      the public education system have access to career and technical education at Utah College of
             50      Applied Technology campuses, Salt Lake Community College's School of Applied
             51      Technology, Snow College, and [Utah State University-College of Eastern Utah] Utah State
             52      University Eastern;
             53          (5) shall require that before a minor student may participate in clinical experiences as
             54      part of a health care occupation program at a high school or other institution to which the
             55      student has been referred, the student's parent or legal guardian has:
             56          (a) been first given written notice through appropriate disclosure when registering and
             57      prior to participation that the program contains a clinical experience segment in which the
             58      student will observe and perform specific health care procedures that may include personal


             59      care, patient bathing, and bathroom assistance; and
             60          (b) provided specific written consent for the student's participation in the program and
             61      clinical experience; and
             62          (6) shall, after consulting with school districts, charter schools, the Utah College of
             63      Applied Technology, Salt Lake Community College's School of Applied Technology, Snow
             64      College, and [Utah State University-College of Eastern Utah] Utah State University Eastern,
             65      prepare and submit an annual report to the governor and to the Legislature's Education Interim
             66      Committee by October 31 of each year detailing:
             67          (a) how the career and technical education needs of secondary students are being met;
             68      and
             69          (b) what access secondary students have to programs offered:
             70          (i) at applied technology colleges; and
             71          (ii) within the regions served by Salt Lake Community College's School of Applied
             72      Technology, Snow College, and [Utah State University-College of Eastern Utah] Utah State
             73      University Eastern.
             74          Section 2. Section 53B-1-103 is amended to read:
             75           53B-1-103. Establishment of State Board of Regents -- Powers and authority.
             76          (1) There is established a State Board of Regents.
             77          (2) (a) Except as provided in Subsection (2)(b), the board is vested with the control,
             78      management, and supervision of the institutions of higher education designated in Section
             79      53B-1-102 in a manner consistent with the policy and purpose of this title and the specific
             80      powers and responsibilities granted to it.
             81          (b) The board may only exercise powers relating to the Utah College of Applied
             82      Technology and its college campuses that are specifically provided in this title.
             83          (c) The board shall coordinate and support articulation agreements between the Utah
             84      College of Applied Technology and other institutions of higher education.
             85          (d) The board shall prepare and submit an annual report detailing its progress and
             86      recommendations on career and technical education issues to the governor and to the
             87      Legislature's Education Interim Committee by October 31 of each year, which shall include
             88      information detailing:
             89          (i) how the career and technical education needs of secondary students are being met


             90      by institutions of higher education other than the Utah College of Applied Technology,
             91      including what access secondary students have to programs offered by Salt Lake Community
             92      College's School of Applied Technology, Snow College, and [Utah State University-College of
             93      Eastern Utah] Utah State University Eastern;
             94          (ii) how the emphasis on high demand, high wage, and high skill jobs in business and
             95      industry is being provided;
             96          (iii) performance outcomes, including:
             97          (A) entered employment;
             98          (B) job retention; and
             99          (C) earnings; and
             100          (iv) student tuition and fees.
             101          (e) Except for the Utah College of Applied Technology, the board may modify the
             102      name of an institution under its control and management, as designated in Section 53B-1-102 ,
             103      to reflect the role and general course of study of the institution.
             104          (f) The board may not conduct a feasibility study or perform another act relating to
             105      merging any of the following institutions with another institution of higher education:
             106          (i) the Bridgerland Applied Technology College Campus;
             107          (ii) the Ogden-Weber Applied Technology College Campus;
             108          (iii) the Davis Applied Technology College Campus;
             109          (iv) the Tooele Applied Technology College Campus;
             110          (v) the Mountainland Applied Technology College Campus;
             111          (vi) the Uintah Basin Applied Technology College Campus;
             112          (vii) the Southwest Applied Technology College Campus; and
             113          (viii) the Dixie Applied Technology College Campus.
             114          (3) This section does not affect the power and authority vested in the State Board of
             115      Education to apply for, accept, and manage federal appropriations for the establishment and
             116      maintenance of career and technical education.
             117          Section 3. Section 53B-2a-103 is amended to read:
             118           53B-2a-103. Utah College of Applied Technology Board of Trustees --
             119      Membership -- Terms -- Vacancies -- Oath -- Officers -- Quorum -- Committees --
             120      Compensation.


             121          (1) There is created the Utah College of Applied Technology Board of Trustees,
             122      composed of the following members:
             123          (a) one member of the State Board of Education appointed by the chair of the State
             124      Board of Education, to serve as a nonvoting member;
             125          (b) one member of the State Board of Regents appointed by the chair of the State
             126      Board of Regents, to serve as a nonvoting member;
             127          (c) one member representing business and industry employers from the campus board
             128      of directors of each applied technology college campus appointed by a majority vote of the
             129      business and industry employer members of the campus board;
             130          (d) one member representing business and industry employers from the Snow College
             131      career and technical education advisory committee appointed by a majority of the business and
             132      industry members of the advisory committee;
             133          (e) one member representing business and industry employers from the [Utah State
             134      University-College of Eastern Utah] Utah State University Eastern career and technical
             135      education advisory committee appointed by a majority of the business and industry employer
             136      members of the advisory committee;
             137          (f) one member representing business and industry employers from the Salt Lake
             138      Community College School of Applied Technology Board of Directors appointed by a majority
             139      of the business and industry employer members of the board of directors;
             140          (g) one business or industry employer representative appointed by the governor with
             141      the consent of the Senate from nominations submitted by the speaker of the House of
             142      Representatives and president of the Senate;
             143          (h) one representative of union craft, trade, or apprenticeship programs that prepare
             144      workers for employment in career and technical education fields, appointed by the governor
             145      with the consent of the Senate;
             146          (i) one representative of non-union craft, trade, or apprenticeship programs that prepare
             147      workers for employment in career and technical education fields, appointed by the governor
             148      with the consent of the Senate;
             149          (j) the commissioner of higher education; and
             150          (k) the executive director of the Governor's Office of Economic Development or the
             151      executive director's designee.


             152          (2) (a) In making appointments to the board of trustees, the governor shall consider:
             153          (i) individuals from the state at large with due consideration for geographical
             154      representation;
             155          (ii) individuals recognized for their knowledge and expertise; and
             156          (iii) individuals who represent current and emerging business and industry sectors of
             157      the state.
             158          (b) Appointments to the board shall be made on a nonpartisan basis.
             159          (3) (a) Except as provided under Subsection (3)(b), members of the board of trustees
             160      shall be appointed commencing on July 1 of each odd-numbered year to a four-year term.
             161          (b) Initial terms of the board members beginning on July 1, 2009 shall be staggered
             162      with two-year and four-year terms so that approximately one-half of the members' terms will
             163      expire in any odd-numbered year.
             164          (c) An appointed member holds office until a successor is appointed and qualified.
             165          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             166      appointed for the unexpired term.
             167          (5) (a) Each member shall take the official oath of office prior to assuming the office.
             168          (b) The oath shall be filed with the Division of Archives and Records Services.
             169          (6) The board of trustees shall elect a chair and vice chair, who serve for two years and
             170      until their successors are elected and qualified.
             171          (7) (a) The board of trustees may enact bylaws for its own government, including
             172      provision for regular meetings.
             173          (b) (i) The board of trustees may provide for an executive committee in its bylaws.
             174          (ii) If established, the committee shall have full authority of the board of trustees to act
             175      upon routine matters during the interim between board of trustees meetings.
             176          (iii) The committee may act on nonroutine matters only under extraordinary and
             177      emergency circumstances.
             178          (iv) The committee shall report its activities to the board of trustees at its next regular
             179      meeting following the action.
             180          (8) A quorum shall be required to conduct business which shall consist of a majority of
             181      voting board of trustee members.
             182          (9) The board of trustees may establish advisory committees.


             183          (10) A member may not receive compensation or benefits for the member's service, but
             184      may receive per diem and travel expenses in accordance with:
             185          (a) Section 63A-3-106 ;
             186          (b) Section 63A-3-107 ; and
             187          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             188      63A-3-107 .
             189          Section 4. Section 53B-8-101 is amended to read:
             190           53B-8-101. Waiver of tuition.
             191          (1) (a) The president of each institution may waive all or part of the tuition in behalf of
             192      meritorious or impecunious resident students to an amount not exceeding 10% of the total
             193      amount of tuition which, in the absence of the waivers, would have been collected from all
             194      Utah resident students at the institution.
             195          (b) Two and a half percent of the waivers designated in Subsection (1)(a) shall be set
             196      aside for members of the Utah National Guard. Waivers shall be preserved by the student at
             197      least 60 days before the beginning of an academic term.
             198          (2) (a) Each academic year the president of each of the following institutions may
             199      waive all or part of the resident portion of the tuition in behalf of the additional number of
             200      meritorious nonresident students set forth below who are not current recipients of the waiver:
             201          (i) the University of Utah president may grant up to 190 waivers;
             202          (ii) the Utah State University president may grant up to 183 waivers, 18 of which shall
             203      be awarded to students at [Utah State University-College of Eastern Utah] Utah State
             204      University Eastern;
             205          (iii) the Weber State University president may grant up to 135 waivers;
             206          (iv) the Southern Utah University president may grant up to 68 waivers;
             207          (v) the Snow College president may grant up to 18 waivers;
             208          (vi) the Dixie State College of Utah president may grant up to 30 waivers;
             209          (vii) the Utah Valley University president may grant up to 114 waivers; and
             210          (viii) the Salt Lake Community College president may grant up to 43 waivers.
             211          (b) (i) A president may continue to waive the resident portion of the tuition during the
             212      entire time the affected meritorious nonresident student remains an undergraduate student in
             213      good standing at the institution.


             214          (ii) The resident portion of the tuition for each nonresident student is equal to the
             215      tuition for resident students at the institution.
             216          (c) A president may waive the nonresident portion of tuition for a meritorious
             217      nonresident student receiving a waiver under Subsection (2)(a) after completion of the student's
             218      first year of full-time study at the institution.
             219          (d) (i) In addition to the waivers authorized by Subsections (2)(a) and (c), a president
             220      may waive all or part of the nonresident portion of tuition for a meritorious nonresident student
             221      during the student's first year of full-time study at the institution.
             222          (ii) The number of these nonresident waivers for each institution is limited to the
             223      percentage of nonresident students at each institution times the nonresident student number
             224      allowed under Subsection (2)(a).
             225          (3) Upon recommendation of the board, a president may grant additional full or partial
             226      tuition waivers to encourage students to enroll for instruction in occupations critical to the state
             227      for which trained personnel are in short supply.
             228          (4) A president may waive all or part of the difference between resident and
             229      nonresident tuition in the case of meritorious graduate students and nonresident summer school
             230      students.
             231          (5) The board shall submit annual budget appropriation requests for each institution
             232      which include requests for funds sufficient in amount to equal the estimated loss of dedicated
             233      credits that would be realized if all of the tuition waivers authorized by Subsection (2) were
             234      granted.
             235          Section 5. Section 53B-16-207 is amended to read:
             236           53B-16-207. Utah State University Eastern -- Career and technical education --
             237      Supervision and administration -- Transition -- Institutional mission.
             238          (1) [Utah State University-College of Eastern Utah] Utah State University Eastern
             239      shall:
             240          (a) maintain a strong curriculum in career and technical education courses at its
             241      campus and within the region it serves which can be transferred to other institutions within the
             242      higher education system, together with lower division courses and courses required for
             243      associate degrees in science, arts, applied science, and career and technical education;
             244          (b) work with school districts and charter schools in developing an aggressive


             245      concurrent enrollment program; and
             246          (c) provide for open-entry, open-exit competency-based career and technical education
             247      programs, at a low cost tuition rate for adults and at no tuition cost to secondary students, that
             248      emphasize short-term job training or retraining for immediate placement in the job market and
             249      serve the geographic area encompassing:
             250          (i) the Carbon School District;
             251          (ii) the Emery School District;
             252          (iii) the Grand School District; and
             253          (iv) the San Juan School District.
             254          (2) [Utah State University-College of Eastern Utah] Utah State University Eastern may
             255      not exercise any jurisdiction over career and technical education provided by a school district
             256      or charter school independently of [Utah State University-College of Eastern Utah] Utah State
             257      University Eastern.
             258          (3) [Utah State University-College of Eastern Utah] Utah State University Eastern shall
             259      report to the State Board of Regents annually on:
             260          (a) the status of and maintenance of the effort for career and technical education in the
             261      region served by [Utah State University-College of Eastern Utah] Utah State University
             262      Eastern, including access to open-entry, open-exit competency-based career and technical
             263      education programs; and
             264          (b) student tuition and fees.
             265          (4) Legislative appropriations to [Utah State University-College of Eastern Utah] Utah
             266      State University Eastern career and technical education shall be made as line items that are
             267      separate from other appropriations for [Utah State University-College of Eastern Utah] Utah
             268      State University Eastern.
             269          Section 6. Section 53B-16-208 is amended to read:
             270           53B-16-208. Utah State University Eastern -- Career and technical education
             271      advisory committee -- Membership -- Duties.
             272          (1) [Utah State University-College of Eastern Utah] Utah State University Eastern shall
             273      have a career and technical education advisory committee composed of the following 11
             274      members:
             275          (a) one elected local school board member appointed by the board of education for the


             276      Carbon School District;
             277          (b) one elected local school board member appointed by the board of education for the
             278      Emery School District;
             279          (c) one elected local school board member appointed by the board of education for the
             280      Grand School District;
             281          (d) one elected local school board member appointed by the board of education for the
             282      San Juan School District;
             283          (e) one member of the [Utah State University-College of Eastern Utah] Utah State
             284      University Eastern Regional Advisory Council appointed by the chancellor of [Utah State
             285      University-College of Eastern Utah] Utah State University Eastern; and
             286          (f) six representatives of business or industry within the region appointed by the
             287      chancellor of [Utah State University-College of Eastern Utah] Utah State University Eastern
             288      from members of the program advisory committees overseeing career and technical education
             289      in the region.
             290          (2) The career and technical education advisory committee shall:
             291          (a) after consulting with [Utah State University-College of Eastern Utah] Utah State
             292      University Eastern, school districts, and charter schools within its region, prepare a
             293      comprehensive strategic plan for delivering career and technical education within its region;
             294          (b) make recommendations regarding what skills are needed for employment in Utah
             295      businesses and industries;
             296          (c) recommend programs based upon the information gathered in accordance with
             297      Subsection (2)(b);
             298          (d) review annual program evaluations;
             299          (e) provide counsel, support, and recommendations for updating and improving the
             300      effectiveness of career and technical education programs and services, including expedited
             301      program approval and termination of procedures, consistent with Board of Regents' policy;
             302          (f) monitor program advisory committees and other advisory groups to provide
             303      counsel, support, and recommendations for updating and improving the effectiveness of
             304      training programs and services; and
             305          (g) coordinate with local school boards, districts, and charter schools to meet the career
             306      and technical education needs of secondary students.


             307          Section 7. Section 53B-18-1201 is amended to read:
             308           53B-18-1201. Utah State University Eastern.
             309          (1) (a) There is established a comprehensive regional college of Utah State University
             310      called [Utah State University-College of Eastern Utah] Utah State University Eastern.
             311          (b) Utah State University shall:
             312          (i) possess all rights, title, privileges, powers, immunities, franchises, endowments,
             313      property, and claims of the College of Eastern Utah; and
             314          (ii) fulfill and perform all obligations of [the College of Eastern Utah] Utah State
             315      University Eastern, including obligations relating to outstanding bonds and notes.
             316          (2) [Utah State University-College of Eastern Utah] Utah State University Eastern
             317      contains campuses in the following locations:
             318          (a) Price, Utah; and
             319          (b) Blanding, Utah.
             320          (3) (a) [Utah State University-College of Eastern Utah] Utah State University Eastern
             321      is under the authority and direction of the Utah State University president and Utah State
             322      University board of trustees.
             323          (b) (i) The governor shall appoint nine individuals to the Utah State University board
             324      of trustees with the consent of the Senate.
             325          (ii) One of the nine individuals described in Subsection (3)(b)(i) shall reside in the
             326      [Utah State University-College of Eastern Utah] Utah State University Eastern service region.
             327          (c) The board shall establish a policy defining the service region.
             328          (4) (a) [Utah State University-College of Eastern Utah] Utah State University Eastern
             329      shall be administered by a chancellor.
             330          (b) The chancellor of [Utah State University-College of Eastern Utah] Utah State
             331      University Eastern is appointed by the president of Utah State University and reports directly to
             332      the president of Utah State University.
             333          (5) (a) The president of Utah State University shall appoint a regional advisory council
             334      to advise the president and chancellor regarding local issues relating to the college.
             335          (b) The chancellor shall provide the Utah State University president with
             336      recommendations for the regional advisory council.
             337          (c) The regional advisory council:


             338          (i) shall include the [Utah State University-College of Eastern Utah] Utah State
             339      University Eastern Student Association president; and
             340          (ii) may include:
             341          (A) residents of the counties in the [Utah State University-College of Eastern Utah]
             342      Utah State University Eastern service region, as defined by board policy; and
             343          (B) alumni of [the College of Eastern Utah] Utah State University Eastern.
             344          (6) Utah State University Eastern is the legal entity that was formerly known as Utah
             345      State University - College of Eastern Utah. Utah State University - College of Eastern Utah
             346      was the legal entity that was formerly known as College of Eastern Utah.
             347          Section 8. Section 63B-2-301 is amended to read:
             348           63B-2-301. Legislative intent -- Additional projects.
             349          It is the intent of the Legislature that:
             350          (1) The Department of Employment Security use money in the special administrative
             351      fund to plan, design, and construct a Davis County facility under the supervision of the director
             352      of the Division of Facilities Construction and Management unless supervisory authority is
             353      delegated by him as authorized by Section 63A-5-206 .
             354          (2) The University of Utah may use donated funds to plan, design, and construct the
             355      Nora Eccles Harrison addition under the supervision of the director of the Division of Facilities
             356      Construction and Management unless supervisory authority is delegated by him as authorized
             357      by Section 63A-5-206 .
             358          (3) The University of Utah may use hospital funds to plan, design, and construct the
             359      West Patient Services Building under the supervision of the director of the Division of
             360      Facilities Construction and Management unless supervisory authority is delegated by him as
             361      authorized by Section 63A-5-206 .
             362          (4) The University of Utah may use federal funds to plan, design, and construct the
             363      Computational Science Building under the supervision of the director of the Division of
             364      Facilities Construction and Management unless supervisory authority is delegated by him as
             365      authorized by Section 63A-5-206 .
             366          (5) The Board of Regents may issue revenue bonds to provide:
             367          (a) $6,700,000 to plan, design, and construct single student housing at Utah State
             368      University under the supervision of the director of the Division of Facilities Construction and


             369      Management unless supervisory authority is delegated by him as authorized by Section
             370      63A-5-206 ; and
             371          (b) additional money necessary to:
             372          (i) pay costs incident to the issuance and sale of the bonds;
             373          (ii) pay interest on the bonds that accrues during construction and acquisition of the
             374      project and for up to one year after construction is completed; and
             375          (iii) fund any reserve requirements for the bonds.
             376          (6) Utah State University may use federal funds to plan, design, and construct the
             377      Natural Resources Lab addition under the supervision of the director of the Division of
             378      Facilities Construction and Management unless supervisory authority is delegated by him as
             379      authorized by Section 63A-5-206 .
             380          (7) Utah State University may use funds derived from property sales to plan, design,
             381      and construct emergency relocation facilities for the Farmington Botanical Gardens under the
             382      supervision of the director of the Division of Facilities Construction and Management unless
             383      supervisory authority is delegated by him as authorized by Section 63A-5-206 .
             384          (8) Utah State University may use institutional funds to plan, design, and construct an
             385      institutional residence for the president under the supervision of the director of the Division of
             386      Facilities Construction and Management unless supervisory authority is delegated by him as
             387      authorized by Section 63A-5-206 .
             388          (9) Weber State University may use discretionary funds to construct a remodel and
             389      expansion of the stores building and mail service facilities under the supervision of the director
             390      of the Division of Facilities Construction and Management unless supervisory authority is
             391      delegated by him as authorized by Section 63A-5-206 .
             392          (10) Weber State University may use fees and auxiliary revenue to plan, design, and
             393      construct a remodel and expansion of the Shepherd Student Union Building under the
             394      supervision of the director of the Division of Facilities Construction and Management unless
             395      supervisory authority is delegated by him as authorized by Section 63A-5-206 .
             396          (11) Southern Utah University may use donated funds to plan, design, and construct an
             397      alumni house under the supervision of the director of the Division of Facilities Construction
             398      and Management unless supervisory authority is delegated by him as authorized by Section
             399      63A-5-206 .


             400          (12) [The College of Eastern Utah] Utah State University Eastern may use auxiliary
             401      revenues and other fees to:
             402          (a) make lease or other payments;
             403          (b) redeem revenue bonds or repay loans issued on behalf of the college; and
             404          (c) plan, design, and construct a 200 person residence hall under the supervision of the
             405      director of the Division of Facilities Construction and Management unless supervisory
             406      authority is delegated by him as authorized by Section 63A-5-206 .
             407          (13) The Sevier Valley Applied Technology Center may use private and Community
             408      Impact Board funds, if approved, to plan, design, and construct a performing arts/multi-use
             409      facility under the supervision of the director of the Division of Facilities Construction and
             410      Management unless supervisory authority is delegated by him as authorized by Section
             411      63A-5-206 .
             412          (14) Ogden City and Weber County may have offices and related space for their
             413      attorneys included in the Ogden Courts building if the city and county are able to provide
             414      upfront funding to cover all costs associated with the design and construction of that space. In
             415      addition, the city and county shall cover their proportionate share of all operations and
             416      maintenance costs of their facility, including future major repairs to the building.
             417          (15) If the Legislature authorizes the Division of Facilities Construction and
             418      Management to enter into a lease purchase agreement for the Department of Human Services
             419      facility at 1385 South State Street in Salt Lake City or for the State Board of Education facility
             420      and adjacent space in Salt Lake City, or for both of those facilities, the State Building
             421      Ownership Authority, at the reasonable rates and amounts it may determine, and with technical
             422      assistance from the state treasurer, the director of the Division of Finance, and the director of
             423      the Governor's Office of Planning and Budget, may seek out the most cost effective lease
             424      purchase plans available to the state and may, pursuant to Title 63B, Chapter 1, Part 3, State
             425      Building Ownership Authority Act, certificate out interests in, or obligations of the authority
             426      pertaining to:
             427          (a) the lease purchase obligation; or
             428          (b) lease rental payments under the lease purchase obligation.
             429          (16) Salt Lake Community College may use donated funds to plan, design, and
             430      construct an amphitheater under the supervision of the director of the Division of Facilities


             431      Construction and Management unless supervisory authority is delegated by him as authorized
             432      by Section 63A-5-206 .
             433          (17) For the Tax Commission building, that:
             434          (a) All costs associated with the construction and furnishing of the Tax Commission
             435      building that are incurred before the issuance of the 1993 general obligation bonds be
             436      reimbursed by bond proceeds.
             437          (b) The maximum amount of cost that may be reimbursed from the 1993 general
             438      obligation bond proceeds for the Tax Commission building and furnishings may not exceed
             439      $14,230,000.
             440          (c) This intent statement for Subsection (17) constitutes a declaration of official intent
             441      under Section 1.103-18 of the U.S. Treasury Regulations.
             442          Section 9. Section 63B-4-201 is amended to read:
             443           63B-4-201. Legislative intent statements -- Capital facilities.
             444          (1) (a) It is the intent of the Legislature that the University of Utah use institutional and
             445      other funds to plan, design, and construct two campus child care centers under the supervision
             446      of the director of the Division of Facilities Construction and Management unless supervisory
             447      authority is delegated by the director.
             448          (b) The university shall work with Salt Lake City and the surrounding neighborhood to
             449      ensure site compatibility for future recreational development by the city.
             450          (2) It is the intent of the Legislature that the University of Utah use institutional funds
             451      to plan, design, and construct:
             452          (a) the Union Parking structure under the supervision of the director of the Division of
             453      Facilities Construction and Management unless supervisory authority is delegated by the
             454      director;
             455          (b) the stadium renovation under the supervision of the director of the Division of
             456      Facilities Construction and Management unless supervisory authority is delegated by the
             457      director;
             458          (c) the Huntsman Cancer Institute under the supervision of the director of the Division
             459      of Facilities Construction and Management unless supervisory authority is delegated by the
             460      director;
             461          (d) the Business Case Method Building under the supervision of the director of the


             462      Division of Facilities Construction and Management unless supervisory authority is delegated
             463      by the director; and
             464          (e) the Fine Arts Museum expansion under the supervision of the director of the
             465      Division of Facilities Construction and Management unless supervisory authority is delegated
             466      by the director.
             467          (3) It is the intent of the Legislature that Utah State University use institutional funds to
             468      plan, design, and construct:
             469          (a) a student health services facility under the supervision of the director of the
             470      Division of Facilities Construction and Management unless supervisory authority is delegated
             471      by the director;
             472          (b) a women's softball field under the supervision of the director of the Division of
             473      Facilities Construction and Management unless supervisory authority is delegated by the
             474      director;
             475          (c) an addition to the Nutrition and Food Services Building under the supervision of
             476      the director of the Division of Facilities Construction and Management unless supervisory
             477      authority is delegated by the director; and
             478          (d) a Human Resource Research Center under the supervision of the director of the
             479      Division of Facilities Construction and Management unless supervisory authority is delegated
             480      by the director.
             481          (4) It is the intent of the Legislature that Weber State University use institutional funds
             482      to plan, design, and construct:
             483          (a) a track renovation under the supervision of the director of the Division of Facilities
             484      Construction and Management unless supervisory authority is delegated by the director; and
             485          (b) the Dee Events Center offices under the supervision of the director of the Division
             486      of Facilities Construction and Management unless supervisory authority is delegated by the
             487      director.
             488          (5) It is the intent of the Legislature that Southern Utah University use:
             489          (a) institutional funds to plan, design, and construct an institutional residence under the
             490      supervision of the director of the Division of Facilities Construction and Management unless
             491      supervisory authority is delegated by the director; and
             492          (b) project revenues and other funds to plan, design, and construct the Shakespearean


             493      Festival support facilities under the supervision of the director of the Division of Facilities
             494      Construction and Management unless supervisory authority is delegated by the director.
             495          (6) It is the intent of the Legislature that Dixie College use institutional funds to plan,
             496      design, and construct an institutional residence under the supervision of the director of the
             497      Division of Facilities Construction and Management unless supervisory authority is delegated
             498      by the director.
             499          (7) It is the intent of the Legislature that the Division of Forestry, Fire, and State Lands
             500      use federal and other funds to plan, design, and construct a wetlands enhancement facility
             501      under the supervision of the director of the Division of Facilities Construction and
             502      Management unless supervisory authority is delegated by the director.
             503          (8) (a) As provided in Subsection 63A-5-209 (2), the funds appropriated to the Project
             504      Reserve Fund may only be used for the award of contracts in excess of the construction budget
             505      if these funds are required to meet the intent of the project.
             506          (b) It is the intent of the Legislature that:
             507          (i) up to $2,000,000 of the amount may be used to award the construction contract for
             508      the Ogden Court Building; and
             509          (ii) the need for any funds remaining as of December 31, 1995 be reviewed by the 1996
             510      Legislature.
             511          (9) (a) It is the intent of the Legislature that the State Building Ownership Authority,
             512      under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act, issue
             513      or execute obligations or enter into or arrange for a lease purchase agreement in which
             514      participation interests may be created to provide up to $539,700 for the purchase and
             515      demolition of the Keyston property and construction of parking facilities adjacent to the State
             516      Office of Education Building in Salt Lake City, with additional amounts necessary to:
             517          (i) pay costs of issuance;
             518          (ii) pay capitalized interest; and
             519          (iii) fund any debt service reserve requirements.
             520          (b) It is the intent of the Legislature that the authority seek out the most cost effective
             521      and prudent lease purchase plan available with technical assistance from the state treasurer, the
             522      director of the Division of Finance, and the director of the Governor's Office of Planning and
             523      Budget.


             524          (10) (a) It is the intent of the Legislature that the money appropriated for Phase One of
             525      the Remodeling/Life Safety Upgrades of the Browning Fine Arts Center at Weber State
             526      University is to include design of full code compliance, life safety, space necessary to maintain
             527      required programs, and seismic upgrades.
             528          (b) The design shall identify the full scope and cost of Phase Two of the remodeling for
             529      funding consideration in the fiscal year 1997 budget cycle.
             530          (11) It is the intent of the Legislature that:
             531          (a) the fiscal year 1996 appropriation for the Davis County Higher Education land
             532      purchase includes up to $250,000 for planning purposes;
             533          (b) the Division of Facilities Construction and Management, the Board of Regents, and
             534      the assigned institution of higher education work jointly to ensure the following elements are
             535      part of the planning process:
             536          (i) projections of student enrollment and programmatic needs for the next 10 years;
             537          (ii) review and make recommendations for better use of existing space, current
             538      technologies, public/private partnerships, and other alternatives as a means to reduce the need
             539      for new facilities and still accommodate the projected student needs; and
             540          (iii) use of a master plan that includes issues of utilities, access, traffic circulation,
             541      drainage, rights of way, future developments, and other infrastructure items considered
             542      appropriate; and
             543          (c) every effort is used to minimize expenditures for this part until a definitive decision
             544      has been made by BRACC relative to Hill Air Force Base.
             545          (12) (a) It is the intent of the Legislature that the State Building Ownership Authority,
             546      under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act, issue
             547      or execute obligations or enter into or arrange for a lease purchase agreement in which
             548      participation interests may be created, to provide up to $7,400,000 for the acquisition and
             549      improvement of the Human Services Building located at 120 North 200 West, Salt Lake City,
             550      Utah, with associated parking for the Department of Human Services together with additional
             551      amounts necessary to:
             552          (i) pay costs of issuance;
             553          (ii) pay capitalized interest; and
             554          (iii) fund any debt service reserve requirements.


             555          (b) It is the intent of the Legislature that the authority seek out the most cost effective
             556      and prudent lease purchase plan available with technical assistance from the state treasurer, the
             557      director of the Division of Finance, and the director of the Governor's Office of Planning and
             558      Budget.
             559          (13) (a) It is the intent of the Legislature that the State Building Ownership Authority,
             560      under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act, issue
             561      or execute obligations or enter into or arrange for a lease purchase agreement in which
             562      participation interests may be created to provide up to $63,218,600 for the construction of a
             563      Salt Lake Courts Complex together with additional amounts necessary to:
             564          (i) pay costs of issuance;
             565          (ii) pay capitalized interest; and
             566          (iii) fund any debt service reserve requirements.
             567          (b) It is the intent of the Legislature that the authority seek out the most cost effective
             568      and prudent lease purchase plan available with technical assistance from the state treasurer, the
             569      director of the Division of Finance, and the director of the Governor's Office of Planning and
             570      Budget.
             571          (c) It is the intent of the Legislature that the Division of Facilities Construction and
             572      Management lease land to the State Building Ownership Authority for the construction of a
             573      Salt Lake Courts Complex.
             574          (14) It is the intent of the Legislature that:
             575          (a) the Board of Regents use the higher education design project money to design no
             576      more than two higher education projects from among the following projects:
             577          (i) [College of Eastern Utah] Utah State University Eastern - Student Center;
             578          (ii) Snow College - Noyes Building;
             579          (iii) University of Utah - Gardner Hall;
             580          (iv) Utah State University - Widtsoe Hall; or
             581          (v) Southern Utah University - Physical Education Building; and
             582          (b) the higher education institutions that receive approval from the Board of Regents to
             583      design projects under this chapter design those projects under the supervision of the director of
             584      the Division of Facilities Construction and Management unless supervisory authority is
             585      delegated by the director.


             586          (15) It is the intent of the Legislature that:
             587          (a) the Board of Regents may authorize the University of Utah to use institutional
             588      funds and donated funds to design Gardner Hall; and
             589          (b) if authorized by the Board of Regents, the University of Utah may use institutional
             590      funds and donated funds to design Gardner Hall under the supervision of the director of the
             591      Division of Facilities Construction and Management unless supervisory authority is delegated
             592      by the director.
             593          (16) It is the intent of the Legislature that the Division of Facilities Construction and
             594      Management use up to $250,000 of the capital improvement money to fund the site
             595      improvements required at the San Juan campus of [the College of Eastern Utah] Utah State
             596      University Eastern.
             597          Section 10. Section 63B-5-102 (Effective 05/01/13) is amended to read:
             598           63B-5-102 (Effective 05/01/13). Maximum amount -- Projects authorized.
             599          (1) The total amount of bonds issued under this part may not exceed $32,000,000.
             600          (2) (a) Proceeds from the issuance of bonds shall be provided to the division to provide
             601      funds to pay all or part of the cost of acquiring and constructing the projects listed in this
             602      Subsection (2).
             603          (b) These costs may include the cost of acquiring land, interests in land, easements and
             604      rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities
             605      and all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or
             606      convenient to the facilities, interest estimated to accrue on these bonds during the period to be
             607      covered by construction of the projects plus a period of six months after the end of the
             608      construction period, and all related engineering, architectural, and legal fees.
             609          (c) For the division, proceeds shall be provided for the following:
             610      CAPITAL IMPROVEMENTS
             611      Alterations, Repairs, and Improvements $7,600,000
             612          TOTAL IMPROVEMENTS $7,600,000
             613      CAPITAL AND ECONOMIC DEVELOPMENT
             614     



PROJECT DESCRIPTION



AMOUNT
FUNDED
ESTIMATED
OPERATIONS
AND
MAINTENANCE
COSTS
             615      Corrections - Gunnison (192 Beds) $13,970,000 $210,000
             616      University of Utah -- Gardner Hall $7,361,000 $203,900
             617      Weber State University Davis Campus -- Land
Purchase
$771,000 None
             618      Department of Workforce Services Cedar City
-- Land Purchase
$148,000 None
             619      [College of Eastern Utah] Utah State
University Eastern
Durrant School -- Land
Purchase
$400,000 None
             620      State Hospital - Forensic Design (200 beds) $750,000 $575,000
             621      TOTAL CAPITAL AND ECONOMIC
DEVELOPMENT
$23,400,000
             622      TOTAL IMPROVEMENTS AND CAPITAL AND
ECONOMIC DEVELOPMENT
$31,000,000
             623          (d) For purposes of this section, operations and maintenance costs:
             624          (i) are estimates only;
             625          (ii) may include any operations and maintenance costs already funded in existing
             626      agency budgets; and
             627          (iii) are not commitments by this Legislature or future Legislatures to fund those
             628      operations and maintenance costs.
             629          (3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
             630      constitute a limitation on the amount that may be expended for any project.
             631          (b) The board may revise these estimates and redistribute the amount estimated for a
             632      project among the projects authorized.
             633          (c) The commission, by resolution and in consultation with the board, may delete one


             634      or more projects from this list if the inclusion of that project or those projects in the list could
             635      be construed to violate state law or federal law or regulation.
             636          (4) (a) The division may enter into agreements related to these projects before the
             637      receipt of proceeds of bonds issued under this chapter.
             638          (b) The division shall make those expenditures from unexpended and unencumbered
             639      building funds already appropriated to the Capital Projects Fund.
             640          (c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds
             641      of bonds issued under this chapter.
             642          (d) The commission may, by resolution, make any statement of intent relating to that
             643      reimbursement that is necessary or desirable to comply with federal tax law.
             644          (5) (a) For those projects for which only partial funding is provided in Subsection (2),
             645      it is the intent of the Legislature that the balance necessary to complete the projects be
             646      addressed by future Legislatures, either through appropriations or through the issuance or sale
             647      of bonds.
             648          (b) For those phased projects, the division may enter into contracts for amounts not to
             649      exceed the anticipated full project funding but may not allow work to be performed on those
             650      contracts in excess of the funding already authorized by the Legislature.
             651          (c) Those contracts shall contain a provision for termination of the contract for the
             652      convenience of the state as required by Section 63G-6a-1202 .
             653          (d) It is also the intent of the Legislature that this authorization to the division does not
             654      bind future Legislatures to fund projects initiated from this authorization.
             655          Section 11. Section 63B-5-201 is amended to read:
             656           63B-5-201. Legislative intent statements.
             657          (1) If the United States Department of Defense has not provided matching funds to
             658      construct the National Guard Armory in Orem by December 31, 1997, the Division of Facilities
             659      Construction and Management shall transfer any funds received from issuance of a General
             660      Obligation Bond for benefit of the Orem Armory to the Provo Armory for capital
             661      improvements.
             662          (2) It is the intent of the Legislature that the University of Utah use institutional funds
             663      to plan, design, and construct:
             664          (a) the Health Science East parking structure under the supervision of the director of


             665      the Division of Facilities Construction and Management unless supervisory authority is
             666      delegated by the director;
             667          (b) the Health Science Office Building under the supervision of the director of the
             668      Division of Facilities Construction and Management unless supervisory authority is delegated
             669      by the director; and
             670          (c) the new Student Housing/Olympic Athletes Village under the supervision of the
             671      director of the Division of Facilities Construction and Management unless supervisory
             672      authority is delegated by the director.
             673          (3) It is the intent of the Legislature that Utah State University use institutional funds to
             674      plan, design, and construct a multipurpose facility under the supervision of the director of the
             675      Division of Facilities Construction and Management unless supervisory authority is delegated
             676      by the director.
             677          (4) It is the intent of the Legislature that the Utah Geologic Survey use agency internal
             678      funding to plan, design, and construct a sample library facility under the supervision of the
             679      director of the Division of Facilities Construction and Management unless supervisory
             680      authority is delegated by the director.
             681          (5) (a) If legislation introduced in the 1996 General Session to fund the Wasatch State
             682      Park Club House does not pass, the State Building Ownership Authority, under authority of
             683      Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act, may issue or execute
             684      obligations, or enter into or arrange for a lease purchase agreement in which participation
             685      interests may be created, to provide up to $1,500,000 for the remodel and expansion of the
             686      clubhouse at Wasatch Mountain State Park for the Division of Parks and Recreation, together
             687      with additional amounts necessary to:
             688          (i) pay costs of issuance;
             689          (ii) pay capitalized interest; and
             690          (iii) fund any debt service reserve requirements.
             691          (b) The State Building Ownership Authority shall work cooperatively with the
             692      Division of Parks and Recreation to seek out the most cost effective and prudent lease purchase
             693      plan available.
             694          (6) (a) The State Building Ownership Authority, under authority of Title 63B, Chapter
             695      1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter


             696      into or arrange for a lease purchase agreement in which participation interests may be created,
             697      to provide up to $835,300 for the construction of a liquor store in the Snyderville area, together
             698      with additional amounts necessary to:
             699          (i) pay costs of issuance;
             700          (ii) pay capitalized interest; and
             701          (iii) fund any debt service reserve requirements.
             702          (b) The State Building Ownership Authority shall work cooperatively with the
             703      Department of Alcoholic Beverage Control to seek out the most cost effective and prudent
             704      lease purchase plan available.
             705          (7) (a) The State Building Ownership Authority, under authority of Title 63B, Chapter
             706      1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter
             707      into or arrange for a lease purchase agreement in which participation interests may be created,
             708      to provide up to $15,000,000 for the construction of the Huntsman Cancer Institute, together
             709      with additional amounts necessary to:
             710          (i) pay costs of issuance;
             711          (ii) pay capitalized interest; and
             712          (iii) fund any debt service reserve requirements.
             713          (b) The State Building Ownership Authority shall work cooperatively with the
             714      University of Utah to seek out the most cost effective and prudent lease purchase plan
             715      available.
             716          (c) It is the intent of the Legislature that the University of Utah lease land to the State
             717      Building Ownership Authority for the construction of the Huntsman Cancer Institute facility.
             718          (8) (a) The State Building Ownership Authority, under authority of Title 63B, Chapter
             719      1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter
             720      into or arrange for a lease purchase agreement in which participation interests may be created,
             721      to provide up to $857,600 for the construction of an addition to the Human Services facility in
             722      Vernal, Utah together with additional amounts necessary to:
             723          (i) pay costs of issuance;
             724          (ii) pay capitalized interest; and
             725          (iii) fund any debt service reserve requirements.
             726          (b) The State Building Ownership Authority shall work cooperatively with the


             727      Department of Human Services to seek out the most cost effective and prudent lease purchase
             728      plan available.
             729          (9) (a) The State Building Ownership Authority, under authority of Title 63B, Chapter
             730      1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter
             731      into or arrange for a lease purchase agreement in which participation interests may be created,
             732      to provide up to $3,470,200 for the construction of the Student Services Center, at [the College
             733      of Eastern Utah] Utah State University Eastern, together with additional amounts necessary to:
             734          (i) pay costs of issuance;
             735          (ii) pay capitalized interest; and
             736          (iii) fund any debt service reserve requirements.
             737          (b) The State Building Ownership Authority shall work cooperatively with [the College
             738      of Eastern Utah] Utah State University Eastern to seek out the most cost effective and prudent
             739      lease purchase plan available.
             740          (10) (a) Notwithstanding anything to the contrary in Title 53B, Chapter 21, Revenue
             741      Bonds, which prohibits the issuance of revenue bonds payable from legislative appropriations,
             742      the State Board of Regents, on behalf of Dixie College, may issue, sell, and deliver revenue
             743      bonds or other evidences of indebtedness of Dixie College to borrow money on the credit of
             744      the income and revenues, including legislative appropriations, of Dixie College, to finance the
             745      acquisition of the Dixie Center.
             746          (b) (i) The bonds or other evidences of indebtedness authorized by this section shall be
             747      issued in accordance with Title 53B, Chapter 21, Revenue Bonds, under terms and conditions
             748      and in amounts that the board, by resolution, determines are reasonable and necessary and may
             749      not exceed $6,000,000 together with additional amounts necessary to:
             750          (A) pay cost of issuance;
             751          (B) pay capitalized interest; and
             752          (C) fund any debt service reserve requirements.
             753          (ii) To the extent that future legislative appropriations will be required to provide for
             754      payment of debt service in full, the board shall ensure that the revenue bonds are issued
             755      containing a clause that provides for payment from future legislative appropriations that are
             756      legally available for that purpose.
             757          (11) (a) The State Building Ownership Authority, under authority of Title 63B, Chapter


             758      1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter
             759      into or arrange for a lease purchase agreement in which participation interests may be created,
             760      to provide up to $10,479,000 for the construction of a facility for the Courts - Davis County
             761      Regional Expansion, together with additional amounts necessary to:
             762          (i) pay costs of issuance;
             763          (ii) pay capitalized interest; and
             764          (iii) fund any debt service reserve requirements.
             765          (b) The State Building Ownership Authority shall work cooperatively with the Office
             766      of the Court Administrator to seek out the most cost effective and prudent lease purchase plan
             767      available.
             768          (12) (a) The State Building Ownership Authority, under authority of Title 63B, Chapter
             769      1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter
             770      into or arrange for a lease purchase agreement in which participation interests may be created,
             771      to provide up to $4,200,000 for the purchase and remodel of the Washington County
             772      Courthouse, together with additional amounts necessary to:
             773          (i) pay costs of issuance;
             774          (ii) pay capitalized interest; and
             775          (iii) fund any debt service reserve requirements.
             776          (b) The State Building Ownership Authority shall work cooperatively with the Office
             777      of the Court Administrator to seek out the most cost effective and prudent lease purchase plan
             778      available.
             779          (13) (a) The State Building Ownership Authority, under authority of Title 63B, Chapter
             780      1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter
             781      into or arrange for a lease purchase agreement in which participation interests may be created,
             782      to provide up to $14,299,700 for the construction of a facility for the State Library and the
             783      Division of Services for the Blind and Visually Impaired, together with additional amounts
             784      necessary to:
             785          (i) pay costs of issuance;
             786          (ii) pay capitalized interest; and
             787          (iii) fund any debt service reserve requirements.
             788          (b) The State Building Ownership Authority shall work cooperatively with the Office


             789      of Education and the Governor's Office of Economic Development to seek out the most cost
             790      effective and prudent lease purchase plan available.
             791          Section 12. Section 63B-7-502 is amended to read:
             792           63B-7-502. Other capital facility authorizations and intent language.
             793          (1) (a) It is the intent of the Legislature that if funding from General Obligation
             794      bonding is provided for construction of new facilities, the Division of Finance shall transfer
             795      any occupying agency funds that are currently being used for rent payments to the service fund
             796      for debt service on the bonds.
             797          (b) The Division of Finance may not transfer agency funds for operation and
             798      maintenance costs, which will continue to be incurred by the occupying agency.
             799          (2) It is the intent of the Legislature that Utah State University use institutional funds to
             800      plan, design, and construct the American West Heritage Center under the direction of the
             801      director of the Division of Facilities Construction and Management unless supervisory
             802      authority has been delegated.
             803          (3) It is the intent of the Legislature that:
             804          (a) Utah State University allow the construction of the Poisonous Plant Laboratory on
             805      state-owned property under the direction of the Federal Government with oversight by the
             806      director of the Division of Facilities Construction and Management and Utah State University
             807      as may be required; and
             808          (b) no state funds be used for any portion of this project.
             809          (4) It is the intent of the Legislature that:
             810          (a) Weber State University use institutional funds to plan, design, and construct the
             811      Weight Training room addition under the direction of the director of the Division of Facilities
             812      Construction and Management unless supervisory authority has been delegated; and
             813          (b) no state funds be used for any portion of this project.
             814          (5) It is the intent of the Legislature that:
             815          (a) [the College of Eastern Utah] Utah State University Eastern, San Juan campus, use
             816      institutional and other funds to plan, design, and construct the Arts and Conference Center
             817      under the direction of the director of the Division of Facilities Construction and Management
             818      unless supervisory authority has been delegated; and
             819          (b) no state funds be used for any portion of this project.


             820          (6) It is the intent of the Legislature that:
             821          (a) the University of Utah allow the construction of a privately owned West Health
             822      Science Mixed Use Facility on state-owned land located at the main campus of the University,
             823      under the oversight of the director of the Division of Facilities Construction and Management;
             824      and
             825          (b) no state funds be used for any portion of this project.
             826          (7) It is the intent of the Legislature that the Division of Facilities Construction and
             827      Management use up to $1,225,000 of the funds authorized for the Dead Horse Point Visitors
             828      Center project in Section 63B-6-102 for additional code upgrades and other critical repairs to
             829      the Dead Horse Point Visitors Center in addition to the modifications needed to meet the
             830      Americans with Disabilities Act requirements.
             831          (8) It is the intent of the Legislature that:
             832          (a) the Division of Facilities Construction and Management proceed with the design of
             833      the Physical Education Building at Southern Utah University;
             834          (b) the design include the full project scope, excluding funds for the purchase of the
             835      middle school;
             836          (c) the 1999 Legislature rank the Physical Education Building at Southern Utah
             837      University as the top-ranked capital facility project for full funding in the 1999 annual general
             838      session of the Legislature; and
             839          (d) the Division of Facilities Construction and Management proceed with the bidding
             840      process for construction of this project.
             841          Section 13. Section 63B-16-401 is amended to read:
             842           63B-16-401. Authorizations to acquire, sell, lease, or exchange property.
             843          (1) It is the intent of the Legislature that:
             844          (a) the Southeast Applied Technology Campus of the Utah College of Applied
             845      Technology and [the College of Eastern Utah] Utah State University Eastern may cooperatively
             846      enter into negotiations with a nonstate entity and complete a real property exchange to acquire
             847      an applied technology facility in Price;
             848          (b) no state funds be used for any portion of this project; and
             849          (c) the college may request state funds for operations and maintenance costs and capital
             850      improvements to the extent that the college is able to demonstrate to the Board of Regents that


             851      the facility meets approved academic and training purposes under Board of Regents policy
             852      R710.
             853          (2) It is the intent of the Legislature that:
             854          (a) the Mountainland Applied Technology Campus of the Utah College of Applied
             855      Technology may exercise its option to purchase additional property in northern Utah County
             856      adjacent to property purchased with the appropriation in Chapter 367, Item 41, Laws of Utah
             857      2006;
             858          (b) the purchase be financed through donations, institutional funds, a land exchange
             859      involving Lehi City and the Utah Transit Authority, or some combination of donations,
             860      institutional funds, and a land exchange involving Lehi City and the Utah Transit Authority for
             861      future development of a commuter rail station;
             862          (c) the purchase be conducted under the direction of the director of the Division of
             863      Facilities Construction and Management; and
             864          (d) no state funds be used for any portion of this purchase.
             865          (3) It is the intent of the Legislature that:
             866          (a) the Department of Human Services Complex located at 120 North 200 West, Salt
             867      Lake City, Utah be sold for $11,000,000;
             868          (b) that the proceeds from the sale be used to:
             869          (i) payoff the outstanding bond on the Human Services Complex;
             870          (ii) purchase the Brigham Young University Salt Lake Center located at 3760 South
             871      Highland Drive, Salt Lake City, Utah for up to $6,000,000 for occupancy by the Utah State
             872      Board of Education Schools for the Deaf and Blind; and
             873          (iii) the remaining funds be used to remodel the Salt Lake Center; and
             874          (c) the Division of Facilities, Construction and Management enter into a lease with the
             875      buyer of the Human Services Complex for and on behalf of the Department of Human Services
             876      that allows the Department of Human Services to continue to occupy the complex for the
             877      period of time needed for the state to purchase, construct, or lease a replacement facility for the
             878      Department of Human Services.





Legislative Review Note
    as of 2-26-13 3:25 PM


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