1     
REAL ESTATE FUND AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stewart E. Barlow

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill establishes provisions for the acquisition of certain property surrounding the
10     governor's mansion.
11     Highlighted Provisions:
12          This bill:
13          ▸     establishes a restricted account to receive private donations and legislative
14     appropriations for the purchase of certain property surrounding the governor's
15     mansion;
16          ▸     allows the Division of Facilities Construction and Management to require matching
17     private donations for public funds appropriated under this bill;
18          ▸     specifies how donations and appropriations made under this bill are required to be
19     expended; and
20          ▸     establishes a repealer for certain provisions.
21     Money Appropriated in this Bill:
22          This bill appropriates in fiscal year 2020:
23          ▸     to the General Fund Restricted - Governor's Mansion Restricted Account, as an
24     ongoing appropriation:
25               •     from the General Fund, $250,000, subject to intent language stating that the
26     appropriation be expended in accordance with the provisions of this bill.
27     Other Special Clauses:

28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          63I-2-267, as last amended by Laws of Utah 2013, Chapter 278
32          67-1-9, as last amended by Laws of Utah 2001, Chapter 9
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 63I-2-267 is amended to read:
36          63I-2-267. Repeal dates -- Title 67.
37          Subsection 67-1-9(9)(b)(ii), relating to the purchase of real property from a willing
38     seller, is repealed on July 1, 2023, and the remaining subsections, and internal cross references
39     to those subsections, are renumbered accordingly.
40          Section 2. Section 67-1-9 is amended to read:
41          67-1-9. Governor's residence -- Sources of funds.
42          (1) As used in this section:
43          (a) "Account" means the Governor's Mansion Restricted Account created in Subsection
44     (4).
45          (b) "Commission" means the Executive Residence Commission established in Section
46     67-1-8.1.
47          (c) "Division" means the Division of Facilities Construction and Management.
48          [(1)] (2) The Kearns' mansion [shall be] is the official residence of the governor.
49          [(2)] (3) The building board may apply for, accept, and expend funds from federal and
50     other sources for [carrying out the purposes of] implementing this section and Section 67-1-8.1
51     [and this section].
52          (4) (a) There is created within the General Fund the "Governor's Mansion Restricted
53     Account" as a restricted account composed of:
54          (i) money appropriated by the Legislature; and
55          (ii) private donations deposited under Subsection (5)(b).
56          (b) The division shall administer the account.
57          (5) The commission shall:
58          (a) solicit and collect private donations for the purposes described in Subsection (7);

59     and
60          (b) deposit private donations collected under Subsection (5)(a) into the account.
61          (6) The division shall administer funds in the account:
62          (a) under the matching program described in Subsection (7); or
63          (b) under the unrestricted program described in Subsection (8).
64          (7) (a) If the division elects under Subsection (6) to administer funds in the account
65     under a matching program, except as provided in Subsection (7)(b), when a private donation is
66     deposited into the account under Subsection (5), the division shall:
67          (i) match the private donation with an equal amount of publicly-sourced funds that are
68     in the account; and
69          (ii) transfer the private donation and the matching publicly-sourced funds from the
70     account into the division's capital projects fund.
71          (b) If there is an insufficient amount of publicly-sourced funds in the account to
72     comply with Subsection (7)(a), the division shall continue to immediately transfer any
73     publicly-sourced funds that are deposited into the account into the division's capital projects
74     fund until the division complies with Subsection (7)(a).
75          (c) If the division administers funds in the account under this Subsection (7), the
76     division may only transfer funds out of the account in accordance with this Subsection (7).
77          (8) If the division elects under Subsection (6) to administer funds in the account under
78     an unrestricted program, the division shall transfer funds from the account to the division's
79     capital projects fund when the division is ready to make an expenditure described in Subsection
80     (9).
81          (9) (a) The division shall expend money transferred into the division's capital projects
82     fund under Subsection (7) or (8) for:
83          (i) subject to Subsection (9)(b), the purchase of all remaining real property that the
84     state does not currently own on the city block on which the governor's mansion is located,
85     bounded by First Avenue on the north, G Street on the west, South Temple on the south, and H
86     Street on the east; and
87          (ii) capital improvements to real property that the state owns or acquires on the city
88     block described in Subsection (9)(a)(i) in order to improve:
89          (A) parking for and access to the governor's mansion; and

90          (B) grounds in connection with the improvements described in Subsection
91     (9)(a)(ii)(A).
92          (b) The division:
93          (i) shall consult with the commission in making a purchase or capital improvement
94     described in Subsection (9)(a);
95          (ii) may purchase real property under Subsection (9)(a) only from a willing seller at fair
96     market value;
97          (iii) may not expend money directly from the account; and
98          (iv) may not expend money transferred from the account under this section in a manner
99     that is not authorized by this section.
100          (c) (i) The division shall comply with Section 9-8-404 regarding the historical
101     preservation of any real property the division acquires or improves under this section.
102          (ii) A municipality may not prohibit the acquisition or improvement of a property
103     described in this section solely for historical preservation purposes if the division complies
104     with Subsection (9)(c)(i).
105          (10) The Legislature may not make appropriations to the account that total more than
106     $2,000,000.
107          Section 3. Appropriation.
108          The following sums of money are appropriated for the fiscal year beginning July 1,
109     2019, and ending June 30, 2020. These are additions to amounts previously appropriated for
110     fiscal year 2020. The Legislature authorizes the State Division of Finance to transfer the
111     following amounts between the following funds or accounts as indicated. Expenditures and
112     outlays from the funds to which the money is transferred must be authorized by an
113     appropriation.
114     ITEM 1
115          To General Fund Restricted - Governor's Mansion Restricted Account
116               From General Fund
$250,000

117               Schedule of Programs:
118                    General Fund Restricted - Governor's
119                    Mansion Restricted Account                    $250,000
120          The Legislature intends that:

121          (1) (a) under Section 63J-1-603, appropriations under this section not lapse at the close
122     of fiscal year 2020; and
123          (b) the expenditure of any nonlapsing funds is limited to a use authorized under
124     Section 67-1-9; and
125          (2) the Division of Facilities Construction and Management expend money
126     appropriated under this item in accordance with Section 67-1-9.