7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Utah Administrative Services Code related to state
11 Highlighted Provisions:
12 This bill:
13 ▸ amends the definition of "agency";
14 ▸ grants rulemaking authority to the State Building Board relating to budgeting for
15 and determining operations and maintenance expenses for a state facility;
16 ▸ establishes requirements relating to compliance with rules made by the State
17 Building Board under this bill;
18 ▸ amends provisions relating to the capital development and capital improvement
20 ▸ requires the Division of Facilities and Construction Management to present a
21 regular report on state land or buildings that are no longer needed by the state;
22 ▸ requires the State Board of Regents to conduct a study; and
23 ▸ makes technical and conforming changes.
24 Money Appropriated in this Bill:
26 Other Special Clauses:
28 Utah Code Sections Affected:
30 63A-1-103, as last amended by Laws of Utah 2014, Chapter 292
31 63A-1-111, as renumbered and amended by Laws of Utah 1993, Chapter 212
32 63A-3-104, as renumbered and amended by Laws of Utah 1993, Chapter 212
33 63A-3-106, as last amended by Laws of Utah 2014, Chapter 387
34 63A-3-201, as last amended by Laws of Utah 2015, Chapter 43
35 63A-3-203, as last amended by Laws of Utah 2010, Chapter 324
36 63A-3-302, as enacted by Laws of Utah 1993, Chapter 212
37 63A-3-501, as last amended by Laws of Utah 2014, Chapter 286
38 63A-5-103, as last amended by Laws of Utah 2015, Chapter 297
39 63A-5-104, as last amended by Laws of Utah 2015, Chapter 297
40 63A-5-204, as last amended by Laws of Utah 2009, Chapters 183 and 344
41 63A-5-206, as last amended by Laws of Utah 2011, Chapter 14
42 63A-5-215, as renumbered and amended by Laws of Utah 1993, Chapter 212
43 63J-1-201, as last amended by Laws of Utah 2015, Chapters 175 and 407
45 63A-5-226, Utah Code Annotated 1953
46 Uncodified Material Affected:
47 ENACTS UNCODIFIED MATERIAL
49 Be it enacted by the Legislature of the state of Utah:
50 Section 1. Section 63A-1-103 is amended to read:
51 63A-1-103. Definitions.
52 As used in this title:
53 (1) "Agency" means a board, commission, institution, department, division, officer,
54 council, office, committee, bureau, or other administrative unit of the state, including the
55 agency head, agency employees, or other persons acting on behalf of or under the authority of
56 the agency head, the Legislature, the courts, or the governor, but does not mean a political
57 subdivision of the state, or any administrative unit of a political subdivision of the state.
58 (2) "Department" means the Department of Administrative Services.
59 (3) "Executive director" means the executive director of the Department of
60 Administrative Services.
61 Section 2. Section 63A-1-111 is amended to read:
62 63A-1-111. Service plans established by each division -- Contents -- Distribution.
63 (1) Each division of the department shall formulate and establish service plans for each
64 fiscal year.
65 (2) The service plans shall describe:
66 (a) the services to be rendered to state agencies;
67 (b) the methods of providing those services;
68 (c) the standards of performance; and
69 (d) the performance measures used to gauge compliance with those standards.
70 (3) Before the beginning of each fiscal year, the service plans shall be distributed to
71 each state agency [
72 Section 3. Section 63A-3-104 is amended to read:
73 63A-3-104. Appropriation for contingency purposes -- Procedure for allotment --
74 Legislative intent.
75 (1) (a) The Legislature shall determine the amount to be appropriated for contingency
76 purposes, as well as the limits on the amount of any one allotment or total allotments to any
77 one [
78 (b) In advance of making any such allotment, the governor shall notify the Legislature
79 through the Office of the Legislative Fiscal Analyst, of his or her intent to do so, of the amount
80 to be allotted, and the justification for the allotment.
81 (2) It is the intent of the Legislature that such transfers be made only for unforeseeable
82 emergencies, and allotments shall not be made to correct poor budgetary practices or for
83 purposes having no existing appropriation or authorization.
84 Section 4. Section 63A-3-106 is amended to read:
85 63A-3-106. Per diem rates for board members.
86 (1) As used in this section and Section 63A-3-107:
87 (a) "Board" means a board, commission, council, committee, task force, or similar
88 body established to perform a governmental function.
89 (b) "Board member" means a person appointed or designated by statute to serve on a
91 (c) "Executive branch" means [
92 agency within the executive branch of state government.
93 (d) "Governmental entity" has the same meaning as provided under Section
95 (e) "Higher education" means a state institution of higher education, as defined under
96 Section 53B-1-102.
97 (f) "Officer" means a person who is elected or appointed to an office or position within
98 a governmental entity.
99 (g) "Official meeting" means a meeting of a board that is called in accordance with
101 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
102 subject to approval by the executive director, the director of the Division of Finance shall make
103 rules establishing per diem rates to defray subsistence costs for a board member's attendance at
104 an official meeting.
105 (3) Unless otherwise provided by statute, a per diem rate established under Subsection
106 (2) is applicable to a board member who serves:
107 (a) within the executive branch, except as provided under Subsection (3)(b);
108 (b) within higher education, unless higher education pays the costs of the per diem;
109 (c) on a board that is:
110 (i) not included under Subsection (3)(a) or (b); and
111 (ii) created by a statute that adopts the per diem rates by reference to:
112 (A) this section; and
113 (B) the rule authorized by this section; and
114 (d) within a government entity that is not included under Subsection (3)(a), if the
115 government entity adopts the per diem rates by reference to:
116 (i) this section; or
117 (ii) the rule establishing the per diem rates.
118 (4) (a) Unless otherwise provided by statute, a board member who is not a legislator
119 may receive per diem under this section and travel expenses under Section 63A-3-107 if the per
120 diem and travel expenses are incurred by the board member for attendance at an official
122 (b) Notwithstanding Subsection (4)(a), a board member may not receive per diem or
123 travel expenses under this Subsection (4) if the board member is being paid by a governmental
124 entity while performing the board member's service on the board.
125 (5) A board member may decline to receive per diem for the board member's service.
126 (6) Compensation and expenses of a board member who is a legislator are governed by
127 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
128 Section 5. Section 63A-3-201 is amended to read:
129 63A-3-201. Appointment of accounting and other officers and employees by
130 director of the Division of Finance -- Delegation of powers and duties by director --
131 Background checks.
132 (1) With the approval of the executive director, the director of the Division of Finance
133 shall appoint an accounting officer and other administrative officers that are necessary to
134 efficiently and economically perform the functions of the Division of Finance.
135 (2) The director of the Division of Finance may:
136 (a) organize the division and employ other assistants to discharge the functions of the
138 (b) delegate to assistants, officers, and employees any of the powers and duties of the
139 office subject to his or her control and subject to any conditions he may prescribe; and
140 (c) delegate the powers and duties of the office only by written order filed with the
141 lieutenant governor.
142 (3) (a) As used in this Subsection (3):
143 (i) "Public employee" means a person employed by a state agency.
144 (ii) "Public funds" means money, funds, and accounts, regardless of the source from
145 which the money, funds, and accounts are derived, that are owned, held, or administered by a
146 state agency.
147 (iii) "Public funds position" means employment with a state agency that requires:
148 (A) physical or electronic access to public funds;
149 (B) performing internal control functions or accounting;
150 (C) creating reports on public funds; or
151 (D) using, operating, or accessing state systems that account for or help account for
152 public funds.
153 (iv) "State agency" means [
161 Subsection 53B-1-102(1).
162 (b) The Division of Finance may require that a public employee who applies for or
163 holds a public funds position:
164 (i) submit a fingerprint card in a form acceptable to the division;
165 (ii) consent to a criminal background check by:
166 (A) the Federal Bureau of Investigation;
167 (B) the Utah Bureau of Criminal Identification; or
168 (C) another agency of any state that performs criminal background checks; or
169 (iii) consent to a credit history report, subject to the requirements of the Fair Credit
170 Reporting Act, 15 U.S.C. Sec. 1681 et seq.
171 (c) The Division of Finance may, in accordance with Title 63G, Chapter 3, Utah
172 Administrative Rulemaking Act, adopt rules to implement this section.
173 Section 6. Section 63A-3-203 is amended to read:
174 63A-3-203. Accounting control over state departments and agencies --
175 Prescription and approval of financial forms, accounting systems, and fees.
176 (1) The director of the Division of Finance shall:
177 (a) exercise accounting control over all state departments and agencies except
178 institutions of higher education; and
179 (b) prescribe the manner and method of certifying that funds are available and adequate
180 to meet all contracts and obligations.
181 (2) The director shall audit all claims against the state for which an appropriation has
182 been made.
183 (3) (a) The director shall:
184 (i) prescribe all forms of requisitions, receipts, vouchers, bills, or claims to be used by
185 all state departments and agencies;
186 (ii) prescribe the forms, procedures, and records to be maintained by all departmental,
187 institutional, or agency store rooms;
188 (iii) exercise inventory control over the store rooms; and
189 (iv) prescribe all forms to be used by the division.
190 (b) Before approving the forms in Subsection (3)(a), the director shall obtain approval
191 from the state auditor that the forms will adequately facilitate the post-audit of public accounts.
192 (4) Before implementation by any state [
193 Division of Finance shall review and approve:
194 (a) any accounting system developed by a state [
195 (b) any fees established by any state [
197 Section 7. Section 63A-3-302 is amended to read:
198 63A-3-302. Unpaid account receivable due the state.
199 If any account receivable has been unpaid for more than 90 days, any agency[
201 authority of state government responsible for collection of the account may proceed under this
202 part to collect the delinquent amount.
203 Section 8. Section 63A-3-501 is amended to read:
204 63A-3-501. Definitions.
205 As used in this part:
206 (1) (a) "Accounts receivable" or "receivables" means any amount due to a state agency
207 from an entity for which payment has not been received by the state agency that is servicing the
209 (b) "Accounts receivable" includes unpaid fees, licenses, taxes, loans, overpayments,
210 fines, forfeitures, surcharges, costs, contracts, interest, penalties, restitution to victims,
211 third-party claims, sale of goods, sale of services, claims, and damages.
212 (2) "Administrative offset" means:
213 (a) a reduction of an individual's tax refund or other payments due to the individual to
214 reduce or eliminate accounts receivable that the individual owes to a state agency; and
215 (b) a reduction of an entity's tax refund or other payments due to the entity to reduce or
216 eliminate accounts receivable that the entity owes to a state agency.
217 (3) "Entity" means an individual, a corporation, partnership, or other organization that
218 pays taxes to or does business with the state.
219 (4) "Office" means the Office of State Debt Collection established by this part.
220 (5) "Past due" means any accounts receivable that the state has not received by the
221 payment due date.
222 (6) "Restitution to victims" means restitution ordered by a court to be paid to a victim
223 of an offense in a criminal or juvenile proceeding.
224 (7) (a) "State agency" includes:
225 (i) [
227 (ii) the legislative branch of state government; and
228 (iii) the judicial branches of state government, including justice courts.
229 (b) "State agency" does not include:
230 (i) any institution of higher education;
231 (ii) except in Subsection 63A-3-502(7)(g), the State Tax Commission; or
232 (iii) the administrator of the Uninsured Employers' Fund appointed by the Labor
233 Commissioner under Section 34A-2-704, solely for the purposes of collecting money required
234 to be deposited into the Uninsured Employers' Fund under:
235 (A) Section 34A-1-405;
236 (B) Title 34A, Chapter 2, Workers' Compensation Act; or
237 (C) Title 34A, Chapter 3, Utah Occupational Disease Act.
238 (8) "Writing-off" means the removal of an accounts receivable from an agency's
239 accounts receivable records but does not necessarily eliminate further collection efforts.
240 Section 9. Section 63A-5-103 is amended to read:
241 63A-5-103. Board -- Powers.
242 (1) The State Building Board shall:
243 (a) in cooperation with [
244 prepare a master plan of structures built or contemplated;
245 (b) submit to the governor and the Legislature a comprehensive five-year building plan
246 for the state containing the information required by Subsection (2);
247 (c) amend and keep current the five-year building program for submission to the
248 governor and subsequent legislatures;
249 (d) as a part of the long-range plan, recommend to the governor and Legislature any
250 changes in the law that are necessary to [
251 program for all [
252 (e) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
253 make rules:
254 (i) that are necessary to discharge its duties and the duties of the Division of Facilities
255 Construction and Management;
256 (ii) to establish standards and requirements for life cycle cost-effectiveness of state
257 facility projects;
258 (iii) to govern the disposition of real property by the division and establish factors,
259 including appraised value and historical significance, in evaluating the disposition;
260 (iv) to establish standards and requirements for a capital development project request,
261 including a requirement for a feasibility study; and
262 (v) [
263 maintenance expenditures for state-owned facilities[
265 (A) reporting;
266 (B) utility metering;
267 (C) creating operations and maintenance programs within all agency institutional line
269 (D) reviewing and adjusting for inflationary costs of goods and services on an annual
270 basis; and
271 (E) determining the actual cost for operations and management requests for a new
273 (f) with support from the Division of Facilities Construction and Management,
274 establish design criteria, standards, and procedures for planning, design, and construction of
275 new state facilities and for improvements to existing state facilities, including life-cycle
276 costing, cost-effectiveness studies, and other methods and procedures that address:
277 (i) the need for the building or facility;
278 (ii) the effectiveness of its design;
279 (iii) the efficiency of energy use; and
280 (iv) the usefulness of the building or facility over its lifetime;
281 (g) prepare and submit a yearly request to the governor and the Legislature for a
282 designated amount of square footage by type of space to be leased by the Division of Facilities
283 Construction and Management in that fiscal year;
284 (h) assure the efficient use of all building space; and
285 (i) conduct ongoing facilities maintenance audits for state-owned facilities.
286 (2) (a) An agency shall comply with the rules described in Subsection (1)(e)(v)(E) for
287 new facility requests submitted to the Legislature for the 2017 General Session or any session
288 of the Legislature after the 2017 General Session.
289 (b) On or before September 1, 2016, each agency shall revise the agency's budget to
290 comply with the rules described in Subsection (1)(e)(v)(C).
291 (c) Beginning on December 1, 2016, the Office of the Legislative Fiscal Analyst and
292 the Governor's Office of Management and Budget shall, for each agency with operating and
293 maintenance expenses, ensure that each required budget for that agency is adjusted in
294 accordance with the rules described in Subsection (1)(e)(v)(D).
296 may make [
297 requesting new full-time employees for the next fiscal year shall report those anticipated
298 requests to the building board at least 90 days before the annual general session in which the
299 request is made.
301 required by Subsection (1)(c) includes:
302 (i) a list that prioritizes construction of new buildings for all structures built or
303 contemplated based upon each agency's[
304 and future needs;
305 (ii) information, and space use data for all state-owned and leased facilities;
306 (iii) substantiating data to support the adequacy of any projected plans;
307 (iv) a summary of all statewide contingency reserve and project reserve balances as of
308 the end of the most recent fiscal year;
309 (v) a list of buildings that have completed a comprehensive facility evaluation by an
310 architect/engineer or are scheduled to have an evaluation;
311 (vi) for those buildings that have completed the evaluation, the estimated costs of
312 needed improvements; and
313 (vii) for projects recommended in the first two years of the five-year building plan:
314 (A) detailed estimates of the cost of each project;
315 (B) the estimated cost to operate and maintain the building or facility on an annual
317 (C) the cost of capital improvements to the building or facility, estimated at 1.1% of
318 the replacement cost of the building or facility, on an annual basis;
319 (D) the estimated number of new agency full-time employees expected to be housed in
320 the building or facility;
321 (E) the estimated cost of new or expanded programs and personnel expected to be
322 housed in the building or facility;
323 (F) the estimated lifespan of the building with associated costs for major component
324 replacement over the life of the building; and
325 (G) the estimated cost of any required support facilities.
326 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
327 State Building Board may make rules prescribing the format for submitting the information
328 required by this Subsection [
330 Act, the State Building Board may make rules establishing circumstances under which bids
331 may be modified when all bids for a construction project exceed available funds as certified by
332 the director.
333 (b) In making those rules, the State Building Board shall provide for the fair and
334 equitable treatment of bidders.
336 is subject to a civil penalty not to exceed $2,500 for each violation plus the amount of any
337 actual damages, expenses, and costs related to the violation of the rule that are incurred by the
339 (b) The board may take any other action allowed by law.
340 (c) If any violation of a rule adopted by the board is also an offense under Title 76,
341 Utah Criminal Code, the violation is subject to the civil penalty, damages, expenses, and costs
342 allowed under Subsection (1)(e) in addition to any criminal prosecution.
343 Section 10. Section 63A-5-104 is amended to read:
344 63A-5-104. Definitions -- Capital development and capital improvement process
345 -- Approval requirements -- Limitations on new projects -- Emergencies.
346 (1) As used in this section:
347 (a) (i) "Capital developments" means a:
349 or more;
353 (ii) "Capital developments" does not include a project described in Subsection
355 (b) "Capital improvements" means [
356 (i) a remodeling, alteration, replacement, or repair project with a total cost of less than
358 (ii) a site [
360 (iii) a utility infrastructure improvement project that:
361 (A) has a total cost of less than $7,000,000;
362 (B) consists of two or more projects that, if done separately, would each cost less than
363 $3,500,000; and
364 (C) the State Building Board determines is more cost effective or feasible to be
365 completed as a single project; or
367 (c) (i) "New facility" means the construction of a new building on state property
368 regardless of funding source.
369 (ii) "New facility" includes:
370 (A) an addition to an existing building; and
371 (B) the enclosure of space that was not previously fully enclosed.
372 (iii) "New facility" does not [
373 (A) the replacement of state-owned space that is demolished or that is otherwise
374 removed from state use, if the total construction cost of the replacement space is less than
376 (B) the construction of facilities that do not fully enclose a space.
377 (d) "Replacement cost of existing state facilities and infrastructure" means the
378 replacement cost, as determined by the Division of Risk Management, of state facilities,
379 excluding auxiliary facilities as defined by the State Building Board and the replacement cost
380 of infrastructure as defined by the State Building Board.
381 (e) "State funds" means public money appropriated by the Legislature.
382 (2) (a) The State Building Board, on behalf of all state agencies, [
384 priorities to the Legislature for approval and prioritization.
385 (b) In developing the State Building Board's capital development recommendations and
386 priorities, the State Building Board shall:
387 (i) require each state agency[
388 appropriation for a capital development project to complete a study that demonstrates the
389 feasibility of the capital development project, including:
390 (A) the need for the capital development project;
391 (B) the appropriateness of the scope of the capital development project;
392 (C) any private funding for the capital development project; and
393 (D) the economic and community impacts of the capital development project; [
394 (ii) verify the completion and accuracy of the feasibility study described in Subsection
396 (iii) require that an institution described in Section 53B-1-102 that submits a request
397 for a capital development project address whether and how, as a result of the project, the
398 institution will:
399 (A) offer courses or other resources that will help meet demand for jobs, training, and
400 employment in the current market and the projected market for the next five years;
401 (B) respond to individual skilled and technical job demand over the next 3, 5, and 10
403 (C) respond to industry demands for trained workers;
404 (D) help meet commitments made by the Governor's Office of Economic
405 Development, including relating to training and incentives;
406 (E) respond to changing needs in the economy; and
407 (F) based on demographics, respond to demands for on-line or in-class instruction; and
408 (iv) only when determining the order of prioritization among requests submitted by the
409 State Board of Regents, give more weight, in the State Building Board's scoring process, to a
410 request that is designated as a higher priority by the State Board of Regents than a request that
411 is designated as a lower priority by the State Board of Regents.
412 (c) An agency may not modify a capital development project request after the deadline
413 for submitting the request, except to the extent that a modification of the scope of the project,
414 or the amount of funds requested, is necessary due to increased construction costs or other
415 factors outside of the agency's control.
416 (3) (a) Except as provided in Subsections (3)(b), (d), and (e), a capital development
417 project may not be constructed on state property without legislative approval.
418 (b) Legislative approval is not required for a capital development project that consists
419 of the design or construction of a new facility if:
420 (i) the State Building Board determines that[
422 will not be used for the design or construction of the facility; [
425 Board a written document, signed by the head of the state agency:
426 (A) stating that funding or a revenue stream is in place, or will be in place before the
427 project is completed, to ensure that increased state funding will not be required to cover the
428 cost of operations and maintenance to[
429 immediate or future capital improvements [
430 (B) detailing the source of the funding that will be used for the cost of operations and
431 maintenance for immediate and future capital improvements to the resulting facility; and
433 (A) appropriate and consistent with the master plan for the property; and
434 (B) will not create an adverse impact on the state.
435 (c) (i) The Division of Facilities Construction and Management shall maintain a record
436 of facilities constructed under the exemption provided in Subsection (3)(b).
437 (ii) For facilities constructed under the exemption provided in Subsection (3)(b), a state
439 (A) increased state funds for operations and maintenance; or
440 (B) state capital improvement funding.
441 (d) Legislative approval is not required for:
442 (i) the renovation, remodeling, or retrofitting of an existing facility with nonstate funds
443 that has been approved by the State Building Board;
444 (ii) a facility to be built with nonstate funds and owned by nonstate entities within
445 research park areas at the University of Utah and Utah State University;
446 (iii) a facility to be built at This is the Place State Park by This is the Place Foundation
447 with funds of the foundation, including grant money from the state, or with donated services or
449 (iv) a capital project that:
450 (A) is funded by:
451 (I) the Uintah Basin Revitalization Fund; or
452 (II) the Navajo Revitalization Fund; and
453 (B) does not provide a new facility for a state agency or higher education institution; or
454 (v) a capital project on school and institutional trust lands that is funded by the School
455 and Institutional Trust Lands Administration from the Land Grant Management Fund and that
456 does not fund construction of a new facility for a state agency or higher education institution.
457 (e) (i) Legislative approval is not required for capital development projects to be built
458 for the Department of Transportation:
459 (A) as a result of an exchange of real property under Section 72-5-111; or
460 (B) as a result of a sale or exchange of real property from a maintenance facility if the
461 real property is exchanged for, or the proceeds from the sale of the real property are used for,
462 another maintenance facility, including improvements for a maintenance facility and real
464 (ii) When the Department of Transportation approves a sale or exchange under
465 Subsection (3)(e), it shall notify the president of the Senate, the speaker of the House, and the
466 cochairs of the Infrastructure and General Government Appropriations Subcommittee of the
467 Legislature's Joint Appropriation Committee about any new facilities to be built or improved
468 under this exemption.
469 (4) (a) (i) The State Building Board, on behalf of all state agencies, commissions,
470 departments, and institutions shall by January 15 of each year, submit a list of anticipated
471 capital improvement requirements to the Legislature for review and approval.
472 (ii) The list shall identify:
473 (A) a single project that costs more than $1,000,000;
474 (B) multiple projects within a single building or facility that collectively cost more than
476 (C) a single project that will be constructed over multiple years with a yearly cost of
477 $1,000,000 or more and an aggregate cost of more than [
478 (D) multiple projects within a single building or facility with a yearly cost of
479 $1,000,000 or more and an aggregate cost of more than [
480 (E) a single project previously reported to the Legislature as a capital improvement
481 project under $1,000,000 that, because of an increase in costs or scope of work, will now cost
482 more than $1,000,000; [
483 (F) multiple projects within a single building or facility previously reported to the
484 Legislature as a capital improvement project under $1,000,000 that, because of an increase in
485 costs or scope of work, will now cost more than $1,000,000[
486 (G) projects approved under Subsection (1)(b)(iii).
487 (b) Unless otherwise directed by the Legislature, the State Building Board shall
488 prioritize capital improvements from the list submitted to the Legislature up to the level of
489 appropriation made by the Legislature.
490 (c) In prioritizing capital improvements, the State Building Board shall consider the
491 results of facility evaluations completed by an architect/engineer as stipulated by the building
492 board's facilities maintenance standards.
493 (d) Beginning on July 1, 2013, in prioritizing capital improvements, the State Building
494 Board shall allocate at least 80% of the funds that the Legislature appropriates for capital
495 improvements to:
496 (i) projects that address:
497 (A) a structural issue;
498 (B) fire safety;
499 (C) a code violation; or
500 (D) any issue that impacts health and safety;
501 (ii) projects that upgrade:
502 (A) an HVAC system;
503 (B) an electrical system;
504 (C) essential equipment;
505 (D) an essential building component; or
506 (E) infrastructure, including a utility tunnel, water line, gas line, sewer line, roof,
507 parking lot, or road; or
508 (iii) projects that demolish and replace an existing building that is in extensive
509 disrepair and cannot be fixed by repair or maintenance.
510 (e) Beginning on July 1, 2013, in prioritizing capital improvements, the State Building
511 Board shall allocate no more than 20% of the funds that the Legislature appropriates for capital
512 improvements to:
513 (i) remodeling and aesthetic upgrades to meet state programmatic needs; or
514 (ii) construct an addition to an existing building or facility.
515 (f) The State Building Board may require an entity that benefits from a capital
516 improvement project to repay the capital improvement funds from savings that result from the
518 (g) The State Building Board may provide capital improvement funding to a single
519 project, or to multiple projects within a single building or facility, even if the total cost of the
520 project or multiple projects is [
521 (i) the capital improvement project [
523 (ii) the Legislature has [
525 improvement funds.
526 (h) In prioritizing and allocating capital improvement funding, the State Building
527 Board shall comply with the requirement in Subsection 63B-23-101(2)(f).
528 (5) The Legislature may authorize:
529 (a) the total square feet to be occupied by each state agency; and
530 (b) the total square feet and total cost of lease space for each agency.
531 (6) If construction of a new building or facility [
532 will require an immediate or future increase in state funding for operations and maintenance or
533 for capital improvements, the Legislature may not authorize the new building or facility until
534 the Legislature appropriates funds for:
535 (a) the portion of operations and maintenance, if any, that will require an immediate or
536 future increase in state funding; and
537 (b) the portion of capital improvements, if any, that will require an immediate or future
538 increase in state funding.
539 (7) (a) Except as provided in Subsection (7)(b) [
540 the design or construction of any new capital development projects, except to complete the
541 funding of projects for which partial funding has been previously provided, until the
542 Legislature has appropriated 1.1% of the replacement cost of existing state facilities and
543 infrastructure to capital improvements.
544 (b) (i) As used in this Subsection (7)(b):
545 (A) "Education Fund budget deficit" is as defined in Section 63J-1-312; and
546 (B) "General Fund budget deficit" is as defined in Section 63J-1-312.
547 (ii) If the Legislature determines that an Education Fund budget deficit or a General
548 Fund budget deficit exists, the Legislature may, in eliminating the deficit, reduce the amount
549 appropriated to capital improvements to 0.9% of the replacement cost of state buildings and
555 (8) It is the policy of the Legislature that a new building or facility be approved and
556 funded for construction in a single budget action, therefore the Legislature may not fund the
557 programming, design, and construction of a new building or facility in phases over more than
558 one year unless the Legislature has approved each phase of the funding for the construction of
559 the new building or facility by the affirmative vote of two-thirds of all the members elected to
560 each house.
561 (9) (a) If, after approval of capital development and capital improvement priorities by
562 the Legislature under this section, emergencies arise that create unforeseen critical capital
563 improvement projects, the State Building Board may, notwithstanding the requirements of Title
564 63J, Chapter 1, Budgetary Procedures Act, reallocate capital improvement funds to address
565 those projects.
566 (b) The State Building Board shall report any changes it makes in capital improvement
567 allocations approved by the Legislature to:
568 (i) the Office of Legislative Fiscal Analyst within 30 days of the reallocation; and
569 (ii) the Legislature at its next annual general session.
570 (10) (a) The State Building Board may adopt a rule allocating to institutions and
571 agencies their proportionate share of capital improvement funding.
572 (b) The State Building Board shall ensure that the rule:
573 (i) reserves funds for the Division of Facilities Construction and Management for
574 emergency projects; and
575 (ii) allows the delegation of projects to some institutions and agencies with the
576 requirement that a report of expenditures will be filed annually with the Division of Facilities
577 Construction and Management and appropriate governing bodies.
578 (11) It is the intent of the Legislature that in funding capital improvement requirements
579 under this section the General Fund be considered as a funding source for at least half of those
581 (12) (a) Subject to Subsection (12)(b), at least 80% of the state funds appropriated for
582 capital improvements shall be used for maintenance or repair of the existing building or
584 (b) The State Building Board may modify the requirement described in Subsection
585 (12)(a) if the State Building Board determines that a different allocation of capital
586 improvements funds is in the best interest of the state.
587 Section 11. Section 63A-5-204 is amended to read:
588 63A-5-204. Specific powers and duties of director.
589 (1) As used in this section, "capitol hill facilities" and "capitol hill grounds" have the
590 same meaning as provided in Section 63C-9-102.
591 (2) (a) The director shall:
592 (i) recommend rules to the executive director for the use and management of facilities
593 and grounds owned or occupied by the state for the use of its departments and agencies;
594 (ii) supervise and control the allocation of space, in accordance with legislative
595 directive through annual appropriations acts or other specific legislation, to the various
596 departments, commissions, institutions, and agencies in all buildings or space owned, leased, or
597 rented by or to the state, except capitol hill facilities and capitol hill grounds and except as
598 otherwise provided by law;
599 (iii) comply with the procedures and requirements of Title 63A, Chapter 5, Part 3,
600 Division of Facilities Construction and Management Leasing;
601 (iv) except as provided in Subsection (2)(b), acquire, as authorized by the Legislature
602 through the appropriations act or other specific legislation, and hold title to, in the name of the
603 division, all real property, buildings, fixtures, or appurtenances owned by the state or any of its
605 (v) adopt and use a common seal, of a form and design determined by the director, and
606 of which courts shall take judicial notice;
607 (vi) file a description and impression of the seal with the Division of Archives;
608 (vii) collect and maintain all deeds, abstracts of title, and all other documents
609 evidencing title to or interest in property belonging to the state or any of its departments, except
610 institutions of higher education and the School and Institutional Trust Lands Administration;
611 (viii) report all properties acquired by the state, except those acquired by institutions of
612 higher education, to the director of the Division of Finance for inclusion in the state's financial
614 (ix) before charging a rate, fee, or other amount for services provided by the division's
615 internal service fund to an executive branch agency, or to a subscriber of services other than an
616 executive branch agency:
617 (A) submit the proposed rates, fees, and cost analysis to the Rate Committee
618 established in Section 63A-1-114; and
619 (B) obtain the approval of the Legislature as required by Section 63J-1-410;
620 (x) conduct a market analysis by July 1, 2005, and periodically thereafter, of proposed
621 rates and fees, which analysis shall include a comparison of the division's rates and fees with
622 the fees of other public or private sector providers where comparable services and rates are
623 reasonably available;
624 (xi) implement the State Building Energy Efficiency Program under Section
625 63A-5-701; and
626 (xii) take all other action necessary for carrying out the purposes of this chapter.
627 (b) Legislative approval is not required for acquisitions by the division that cost less
628 than $250,000.
629 (3) (a) The director shall direct or delegate maintenance and operations, preventive
630 maintenance, and facilities inspection programs and activities for any [
632 (i) the State Capitol Preservation Board; and
633 (ii) state institutions of higher education.
634 (b) The director may choose to delegate responsibility for these functions only when
635 the director determines that:
636 (i) the [
637 (ii) the [
638 facility maintenance standards approved by the State Building Board; and
639 (iii) the delegation would result in net cost savings to the state as a whole.
640 (c) The State Capitol Preservation Board and state institutions of higher education are
641 exempt from Division of Facilities Construction and Management oversight.
642 (d) Each state institution of higher education shall comply with the facility
643 maintenance standards approved by the State Building Board.
644 (e) Except for the State Capitol Preservation Board, agencies and institutions that are
645 exempt from division oversight shall annually report their compliance with the facility
646 maintenance standards to the division in the format required by the division.
647 (f) The division shall:
648 (i) prescribe a standard format for reporting compliance with the facility maintenance
650 (ii) report agency [
651 the Legislature; and
652 (iii) conduct periodic audits of exempt agencies and institutions to ensure that they are
653 complying with the standards.
654 (4) (a) In making any allocations of space under Subsection (2), the director shall:
655 (i) conduct studies to determine the actual needs of each [
657 (ii) comply with the restrictions contained in this Subsection (4).
658 (b) The supervision and control of the legislative area is reserved to the Legislature.
659 (c) The supervision and control of the judicial area is reserved to the judiciary for trial
660 courts only.
661 (d) The director may not supervise or control the allocation of space for entities in the
662 public and higher education systems.
663 (e) The supervision and control of capitol hill facilities and capitol hill grounds is
664 reserved to the State Capitol Preservation Board.
665 (5) The director may:
666 (a) hire or otherwise procure assistance and services, professional, skilled, or
667 otherwise, that are necessary to carry out the director's responsibilities, and may expend funds
668 provided for that purpose either through annual operating budget appropriations or from
669 nonlapsing project funds;
670 (b) sue and be sued in the name of the division; and
671 (c) hold, buy, lease, and acquire by exchange or otherwise, as authorized by the
672 Legislature, whatever real or personal property that is necessary for the discharge of the
673 director's duties.
674 (6) Notwithstanding the provisions of Subsection (2)(a)(iv), the following entities may
675 hold title to any real property, buildings, fixtures, and appurtenances held by them for purposes
676 other than administration that are under their control and management:
677 (a) the Office of Trust Administrator;
678 (b) the Department of Transportation;
679 (c) the Division of Forestry, Fire, and State Lands;
680 (d) the Department of Natural Resources;
681 (e) the Utah National Guard;
682 (f) any area vocational center or other institution administered by the State Board of
684 (g) any institution of higher education; and
685 (h) the Utah Science Technology and Research Governing Authority.
686 (7) The director shall ensure that any firm performing testing and inspection work
687 governed by the American Society for Testing Materials Standard E-329 on public buildings
688 under the director's supervision shall:
689 (a) fully comply with the American Society for Testing Materials standard
690 specifications for agencies engaged in the testing and inspection of materials known as ASTM
691 E-329; and
692 (b) carry a minimum of $1,000,000 of errors and omissions insurance.
693 (8) Notwithstanding Subsections (2)(a)(iii) and (iv), the School and Institutional Trust
694 Lands Administration may hold title to any real property, buildings, fixtures, and appurtenances
695 held by it that are under its control.
696 Section 12. Section 63A-5-206 is amended to read:
697 63A-5-206. Construction, alteration, and repair of state facilities -- Powers of
698 director -- Exceptions -- Expenditure of appropriations -- Notification to local
699 governments for construction or modification of certain facilities.
700 (1) As used in this section:
701 (a) "Capital developments" and "capital improvements" have the same meaning as
702 provided in Section 63A-5-104.
703 (b) "Compliance agency" has the same meaning as provided in Section 15A-1-202.
704 (c) (i) "Facility" means any building, structure, or other improvement that is
705 constructed on property owned by the state, its departments, commissions, institutions, or
707 (ii) "Facility" does not mean an unoccupied structure that is a component of the state
708 highway system.
709 (d) "Life cycle cost-effective" means, as provided for in rules adopted by the State
710 Building Board, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
711 Act, the most prudent cost of owning and operating a facility, including the initial cost, energy
712 costs, operation and maintenance costs, repair costs, and the costs of energy conservation and
713 renewable energy systems.
714 (e) "Local government" means the county, municipality, or local school district that
715 would have jurisdiction to act as the compliance agency if the property on which the project is
716 being constructed were not owned by the state.
717 (f) "Renewable energy system" means a system designed to use solar, wind, geothermal
718 power, wood, or other replenishable energy source to heat, cool, or provide electricity to a
720 (2) (a) (i) Except as provided in Subsections (3) and (4), the director shall exercise
721 direct supervision over the design and construction of all new facilities, and all alterations,
722 repairs, and improvements to existing facilities if the total project construction cost, regardless
723 of the funding source, is greater than $100,000, unless there is memorandum of understanding
724 between the director and an institution of higher education that permits the institution of higher
725 education to exercise direct supervision for a project with a total project construction cost of
726 not greater than $250,000.
727 (ii) A state entity may exercise direct supervision over the design and construction of
728 all new facilities, and all alterations, repairs, and improvements to existing facilities if:
729 (A) the total project construction cost, regardless of the funding sources, is $100,000 or
730 less; and
731 (B) the state entity assures compliance with the division's forms and contracts and the
732 division's design, construction, alteration, repair, improvements, and code inspection standards.
733 (b) The director shall prepare or have prepared by private firms or individuals designs,
734 plans, and specifications for the projects administered by the division.
735 (c) Before proceeding with construction, the director and the officials charged with the
736 administration of the affairs of the particular [
737 shall approve the location, design, plans, and specifications.
738 (3) Projects for the construction of new facilities and alterations, repairs, and
739 improvements to existing facilities are not subject to Subsection (2) if the project:
740 (a) occurs on property under the jurisdiction of the State Capitol Preservation Board;
741 (b) is within a designated research park at the University of Utah or Utah State
743 (c) occurs within the boundaries of This is the Place State Park and is administered by
744 This is the Place Foundation except that This is the Place Foundation may request the director
745 to administer the design and construction; or
746 (d) is for the creation and installation of art under Title 9, Chapter 6, Part 4, Utah
747 Percent-for-Art Act.
748 (4) (a) (i) The State Building Board may authorize the delegation of control over
749 design, construction, and all other aspects of any project to entities of state government on a
750 project-by-project basis or for projects within a particular dollar range and a particular project
752 (ii) The state entity to whom control is delegated shall assume fiduciary control over
753 project finances, shall assume all responsibility for project budgets and expenditures, and shall
754 receive all funds appropriated for the project, including any contingency funds contained in the
755 appropriated project budget.
756 (iii) Delegation of project control does not exempt the state entity from complying with
757 the codes and guidelines for design and construction adopted by the division and the State
758 Building Board.
759 (iv) State entities that receive a delegated project may not access, for the delegated
760 project, the division's statewide contingency reserve and project reserve authorized in Section
762 (b) For facilities that will be owned, operated, maintained, and repaired by an entity
763 that is not a state agency [
764 Building Board may authorize the owner to administer the design and construction of the
765 project instead of the division.
766 (5) Notwithstanding any other provision of this section, if a donor donates land to an
767 eligible institution of higher education and commits to build a building or buildings on that
768 land, and the institution agrees to provide funds for the operations and maintenance costs from
769 sources other than state funds, and agrees that the building or buildings will not be eligible for
770 state capital improvement funding, the higher education institution may:
771 (a) oversee and manage the construction without involvement, oversight, or
772 management from the division; or
773 (b) arrange for management of the project by the division.
774 (6) (a) The role of compliance agency as provided in Title 15A, State Construction and
775 Fire Codes Act, shall be provided by:
776 (i) the director, for projects administered by the division;
777 (ii) the entity designated by the State Capitol Preservation Board, for projects under
778 Subsection (3)(a);
779 (iii) the local government, for projects exempt from the division's administration under
780 Subsection (3)(b) or administered by This is the Place Foundation under Subsection (3)(c);
781 (iv) the state entity or local government designated by the State Building Board, for
782 projects under Subsection (4); or
783 (v) the institution, for projects exempt from the division's administration under
784 Subsection (5)(a).
785 (b) For the installation of art under Subsection (3)(d), the role of compliance agency
786 shall be provided by the entity that is acting in this capacity for the balance of the project as
787 provided in Subsection (6)(a).
788 (c) The local government acting as the compliance agency under Subsection (6)(a)(iii)
790 (i) only review plans and inspect construction to enforce the State Construction Code
791 or an approved code under Title 15A, State Construction and Fire Codes Act; and
792 (ii) charge a building permit fee of no more than the amount it could have charged if
793 the land upon which the improvements are located were not owned by the state.
794 (d) (i) The use of state property and any improvements constructed on state property,
795 including improvements constructed by nonstate entities, is not subject to the zoning authority
796 of local governments as provided in Sections 10-9a-304 and 17-27a-304.
797 (ii) The state entity controlling the use of the state property shall consider any input
798 received from the local government in determining how the property shall be used.
799 (7) Before construction may begin, the director shall review the design of projects
800 exempted from the division's administration under Subsection (4) to determine if the design:
801 (a) complies with any restrictions placed on the project by the State Building Board;
803 (b) is appropriate for the purpose and setting of the project.
804 (8) The director shall ensure that state-owned facilities, except for facilities under the
805 control of the State Capitol Preservation Board, are life cycle cost-effective.
806 (9) The director may expend appropriations for statewide projects from funds provided
807 by the Legislature for those specific purposes and within guidelines established by the State
808 Building Board.
809 (10) (a) The director, with the approval of the Office of Legislative Fiscal Analyst,
810 shall develop standard forms to present capital development and capital improvement cost
811 summary data.
812 (b) The director shall:
813 (i) within 30 days after the completion of each capital development project, submit cost
814 summary data for the project on the standard form to the Office of Legislative Fiscal Analyst;
816 (ii) upon request, submit cost summary data for a capital improvement project to the
817 Office of Legislative Fiscal Analyst on the standard form.
818 (11) Notwithstanding the requirements of Title 63J, Chapter 1, Budgetary Procedures
819 Act, the director may:
820 (a) accelerate the design of projects funded by any appropriation act passed by the
821 Legislature in its annual general session;
822 (b) use any unencumbered existing account balances to fund that design work; and
823 (c) reimburse those account balances from the amount funded for those projects when
824 the appropriation act funding the project becomes effective.
825 (12) (a) The director, the director's designee, or the state entity to whom control has
826 been designated under Subsection (4), shall notify in writing the elected representatives of local
827 government entities directly and substantively affected by any diagnostic, treatment, parole,
828 probation, or other secured facility project exceeding $250,000, if:
829 (i) the nature of the project has been significantly altered since prior notification;
830 (ii) the project would significantly change the nature of the functions presently
831 conducted at the location; or
832 (iii) the project is new construction.
833 (b) At the request of either the state entity or the local government entity,
834 representatives from the state entity and the affected local entity shall conduct or participate in
835 a local public hearing or hearings to discuss these issues.
836 (13) (a) (i) Before beginning the construction of student housing on property owned by
837 the state or a public institution of higher education, the director shall provide written notice of
838 the proposed construction, as provided in Subsection (13)(a)(ii), if any of the proposed student
839 housing buildings is within 300 feet of privately owned residential property.
840 (ii) Each notice under Subsection (13)(a)(i) shall be provided to the legislative body
841 and, if applicable, the mayor of:
842 (A) the county in whose unincorporated area the privately owned residential property is
843 located; or
844 (B) the municipality in whose boundaries the privately owned residential property is
846 (b) (i) Within 21 days after receiving the notice required by Subsection (13)(a)(i), a
847 county or municipality entitled to the notice may submit a written request to the director for a
848 public hearing on the proposed student housing construction.
849 (ii) If a county or municipality requests a hearing under Subsection (13)(b)(i), the
850 director and the county or municipality shall jointly hold a public hearing to provide
851 information to the public and to allow the director and the county or municipality to receive
852 input from the public about the proposed student housing construction.
853 Section 13. Section 63A-5-215 is amended to read:
854 63A-5-215. Disposition of proceeds received by division from sale of property.
855 (1) The money received by the division from the sale or other disposition of property
856 shall be paid into the state treasury and becomes a part of the funds provided by law for
857 carrying out the building program of the state, and are appropriated for that purpose.
858 (2) The proceeds from sales of property belonging to or used by a particular state
860 buildings or in the performance of other work for the benefit of that [
861 Section 14. Section 63A-5-226 is enacted to read:
862 63A-5-226. Report to Infrastructure and General Government Appropriations
864 The division shall, beginning in 2016, and in every even-numbered year after 2016, on
865 or before the third Wednesday in November, present a written report to the Infrastructure and
866 General Government Appropriations Subcommittee that identifies state land and buildings that
867 are no longer needed and can be sold by the state.
868 Section 15. Section 63J-1-201 is amended to read:
869 63J-1-201. Governor's proposed budget to Legislature -- Contents -- Preparation
870 -- Appropriations based on current tax laws and not to exceed estimated revenues.
871 (1) The governor shall deliver, not later than 30 days before the date the Legislature
872 convenes in the annual general session, a confidential draft copy of the governor's proposed
873 budget recommendations to the Office of the Legislative Fiscal Analyst according to the
874 requirements of this section.
875 (2) (a) When submitting a proposed budget, the governor shall, within the first three
876 days of the annual general session of the Legislature, submit to the presiding officer of each
877 house of the Legislature:
878 (i) a proposed budget for the ensuing fiscal year;
879 (ii) a schedule for all of the proposed changes to appropriations in the proposed budget,
880 with each change clearly itemized and classified; and
881 (iii) as applicable, a document showing proposed changes in estimated revenues that
882 are based on changes in state tax laws or rates.
883 (b) The proposed budget shall include:
884 (i) a projection of:
885 (A) estimated revenues by major tax type;
886 (B) 15-year trends for each major tax type;
887 (C) estimated receipts of federal funds; and
888 (D) appropriations for the next fiscal year;
889 (ii) the source of changes to all direct, indirect, and in-kind matching funds for all
890 federal grants or assistance programs included in the budget;
891 (iii) changes to debt service;
892 (iv) a plan of proposed changes to appropriations and estimated revenues for the next
893 fiscal year that is based upon the current fiscal year state tax laws and rates and considers
894 projected changes in federal grants or assistance programs included in the budget;
895 (v) an itemized estimate of the proposed changes to appropriations for:
896 (A) the Legislative Department as certified to the governor by the president of the
897 Senate and the speaker of the House;
898 (B) the Executive Department;
899 (C) the Judicial Department as certified to the governor by the state court
901 (D) changes to salaries payable by the state under the Utah Constitution or under law
902 for lease agreements planned for the next fiscal year; and
903 (E) all other changes to ongoing or one-time appropriations, including dedicated
904 credits, restricted funds, nonlapsing balances, grants, and federal funds;
905 (vi) for each line item, the average annual dollar amount of staff funding associated
906 with all positions that were vacant during the last fiscal year;
907 (vii) deficits or anticipated deficits;
908 (viii) the recommendations for each state agency for new full-time employees for the
909 next fiscal year, which shall also be provided to the State Building Board as required by
910 Subsection 63A-5-103[
911 (ix) a written description and itemized report submitted by a state agency to the
912 Governor's Office of Management and Budget under Section 63J-1-220, including:
913 (A) a written description and an itemized report provided at least annually detailing the
914 expenditure of the state money, or the intended expenditure of any state money that has not
915 been spent; and
916 (B) a final written itemized report when all the state money is spent;
917 (x) any explanation that the governor may desire to make as to the important features
918 of the budget and any suggestion as to methods for the reduction of expenditures or increase of
919 the state's revenue; and
920 (xi) information detailing certain fee increases as required by Section 63J-1-504.
921 (3) For the purpose of preparing and reporting the proposed budget:
922 (a) The governor shall require the proper state officials, including all public and higher
923 education officials, all heads of executive and administrative departments and state institutions,
924 bureaus, boards, commissions, and agencies expending or supervising the expenditure of the
925 state money, and all institutions applying for state money and appropriations, to provide
926 itemized estimates of changes in revenues and appropriations.
927 (b) The governor may require the persons and entities subject to Subsection (3)(a) to
928 provide other information under these guidelines and at times as the governor may direct,
929 which may include a requirement for program productivity and performance measures, where
930 appropriate, with emphasis on outcome indicators.
931 (c) The governor may require representatives of public and higher education, state
932 departments and institutions, and other institutions or individuals applying for state
933 appropriations to attend budget meetings.
934 (4) (a) The Governor's Office of Management and Budget shall provide to the Office of
935 Legislative Fiscal Analyst, as soon as practicable, but no later than 30 days before the date the
936 Legislature convenes in the annual general session, data, analysis, or requests used in preparing
937 the governor's budget recommendations, notwithstanding the restrictions imposed on such
938 recommendations by available revenue.
939 (b) The information under Subsection (4)(a) shall include:
940 (i) actual revenues and expenditures for the fiscal year ending the previous June 30;
941 (ii) estimated or authorized revenues and expenditures for the current fiscal year;
942 (iii) requested revenues and expenditures for the next fiscal year;
943 (iv) detailed explanations of any differences between the amounts appropriated by the
944 Legislature in the current fiscal year and the amounts reported under Subsections (4)(b)(ii) and
946 (v) a statement of agency and program objectives, effectiveness measures, and program
947 size indicators; and
948 (vi) other budgetary information required by the Legislature in statute.
949 (c) The budget information under Subsection (4)(a) shall cover:
950 (i) all items of appropriation, funds, and accounts included in appropriations acts for
951 the current and previous fiscal years; and
952 (ii) any new appropriation, fund, or account items requested for the next fiscal year.
953 (d) The information provided under Subsection (4)(a) may be provided as a shared
954 record under Section 63G-2-206 as considered necessary by the Governor's Office of
955 Management and Budget.
956 (5) (a) In submitting the budget for the Department of Public Safety, the governor shall
957 include a separate recommendation in the governor's budget for maintaining a sufficient
958 number of alcohol-related law enforcement officers to maintain the enforcement ratio equal to
959 or below the number specified in Subsection 32B-1-201(2).
960 (b) If the governor does not include in the governor's budget an amount sufficient to
961 maintain the number of alcohol-related law enforcement officers described in Subsection
962 (5)(a), the governor shall include a message to the Legislature regarding the governor's reason
963 for not including that amount.
964 (6) (a) The governor may revise all estimates, except those relating to the Legislative
965 Department, the Judicial Department, and those providing for the payment of principal and
966 interest to the state debt and for the salaries and expenditures specified by the Utah
967 Constitution or under the laws of the state.
968 (b) The estimate for the Judicial Department, as certified by the state court
969 administrator, shall also be included in the budget without revision, but the governor may make
970 separate recommendations on the estimate.
971 (7) The total appropriations requested for expenditures authorized by the budget may
972 not exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing
973 fiscal year.
974 (8) If any item of the budget as enacted is held invalid upon any ground, the invalidity
975 does not affect the budget itself or any other item in it.
976 Section 16. Study by State Board of Regents.
977 (1) The State Board of Regents shall:
978 (a) before November 16, 2016, conduct a study to identify the best method to
979 determine the amount or percentage of money received from research and development
980 activities that should be spent on operations and maintenance costs;
981 (b) consult with stakeholders to make the identification described in Subsection (1)(a);
983 (c) on or before November 16, 2016, present a written report of the study and the
984 method identified to the Infrastructure and General Government Appropriations Subcommittee.
985 (2) This section is repealed on January 1, 2017.