Download Zipped Introduced WP 8.0 HB0002.ZIP 16,915 Bytes
[Status][Bill Documents][Fiscal Note][Bills Directory]
H.B. 2
1
2000 BOND BILL AND CAPITAL
2
FACILITIES AUTHORIZATIONS
3
2000 GENERAL SESSION
4
STATE OF UTAH
5
Sponsor: Gerry A. Adair
6
AN ACT RELATING TO FINANCING CAPITAL INFRASTRUCTURE; REDIRECTING
7
CERTAIN BOND PROCEEDS ALREADY AUTHORIZED; APPROVING THE ISSUANCE OF
8
CERTAIN OBLIGATIONS BY THE STATE BOARD OF REGENTS; AUTHORIZING OTHER
9
CAPITAL FACILITY EXPENDITURES; PROVIDING FOR RELATED MATTERS; AND
10
MAKING TECHNICAL CORRECTIONS.
11
This act affects sections of Utah Code Annotated 1953 as follows:
12
AMENDS:
13
63B-6-102, as last amended by Chapter 67, Laws of Utah 1998
14
63B-7-102, as enacted by Chapter 67, Laws of Utah 1998
15
63B-8-402, as enacted by Chapter 309, Laws of Utah 1999
16
63B-8-408, as enacted by Chapter 309, Laws of Utah 1999
17
ENACTS:
18
63B-9-101, Utah Code Annotated 1953
19
63B-9-102, Utah Code Annotated 1953
20
Be it enacted by the Legislature of the state of Utah:
21
Section 1.
Section
63B-6-102
is amended to read:
22
63B-6-102. Maximum amount -- Projects authorized.
23
(1) The total amount of bonds issued under this part may not exceed $57,000,000.
24
(2) (a) Proceeds from the issuance of bonds shall be provided to the division to provide
25
funds to pay all or part of the cost of acquiring and constructing the projects listed in this
26
Subsection (2).
27
(b) These costs may include the cost of acquiring land, interests in land, easements and
28
rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities and
29
all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or
30
convenient to the facilities, interest estimated to accrue on these bonds during the period to be
31
covered by construction of the projects plus a period of six months after the end of the construction
32
period, and all related engineering, architectural, and legal fees.
33
(c) For the division, proceeds shall be provided for the following:
34
CAPITAL AND ECONOMIC DEVELOPMENT
35
ESTIMATED
36
OPERATIONS
37
AMOUNT AND
38
PROJECT DESCRIPTION FUNDED MAINTENANCE
39
Youth Corrections - Carbon / Emery (18 beds) $2,298,100 $70,000
40
State Hospital - 100 bed Forensic Facility $13,800,700 $320,600
41
Utah State University - Widtsoe Hall $23,986,700 $750,200
42
Davis Applied Technology Center $6,344,900 $144,000
43
- Medical/Health Tech Addition
44
Southern Utah University -- Physical $1,100,000 $456,100
45
Education Building (Design)
46
Salt Lake Community College -- High $1,165,000 $718,500
47
Technology Building, 90th So. Campus (Design)
48
Department of Natural Resources - Antelope $3,600,000 None
49
Island Road
50
Youth Corrections $1,500,000 None
51
- Region 1 72 Secured Bed Facility
52
Department of Natural Resources - Dead Horse $1,350,000 $5,700
53
Point Visitors Center
54
National Guard $1,600,000 $5,700
55
TOTAL CAPITAL AND ECONOMIC [$55,145,400] $56,745,400
56
DEVELOPMENT
57
(d) For purposes of this section, operations and maintenance costs:
58
(i) are estimates only;
59
(ii) may include any operations and maintenance costs already funded in existing agency
60
budgets; and
61
(iii) are not commitments by this Legislature or future Legislatures to fund those
62
operations and maintenance costs.
63
(3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
64
constitute a limitation on the amount that may be expended for any project.
65
(b) The board may revise these estimates and redistribute the amount estimated for a
66
project among the projects authorized.
67
(c) The commission, by resolution and in consultation with the board, may delete one or
68
more projects from this list if the inclusion of that project or those projects in the list could be
69
construed to violate state law or federal law or regulation.
70
(4) (a) The division may enter into agreements related to these projects before the receipt
71
of proceeds of bonds issued under this chapter.
72
(b) The division shall make those expenditures from unexpended and unencumbered
73
building funds already appropriated to the Capital Projects Fund.
74
(c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds of
75
bonds issued under this chapter.
76
(d) The commission may, by resolution, make any statement of intent relating to that
77
reimbursement that is necessary or desirable to comply with federal tax law.
78
(5) (a) For those projects for which only partial funding is provided in Subsection (2), it
79
is the intent of the Legislature that the balance necessary to complete the projects be addressed by
80
future Legislatures, either through appropriations or through the issuance or sale of bonds.
81
(b) For those phased projects, the division may enter into contracts for amounts not to
82
exceed the anticipated full project funding but may not allow work to be performed on those
83
contracts in excess of the funding already authorized by the Legislature.
84
(c) Those contracts shall contain a provision for termination of the contract for the
85
convenience of the state as required by Section
63-56-40
.
86
(d) It is also the intent of the Legislature that this authorization to the division does not
87
bind future Legislatures to fund projects initiated from this authorization.
88
Section 2.
Section
63B-7-102
is amended to read:
89
63B-7-102. Maximum amount -- Projects authorized.
90
(1) The total amount of bonds issued under this part may not exceed $33,600,000.
91
(2) (a) Proceeds from the issuance of bonds shall be provided to the division to provide
92
funds to pay all or part of the cost of acquiring and constructing the projects listed in this
93
Subsection (2).
94
(b) These costs may include the cost of acquiring land, interests in land, easements and
95
rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities and
96
all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or
97
convenient to the facilities, interest estimated to accrue on these bonds during the period to be
98
covered by construction of the projects plus a period of six months after the end of the construction
99
period, and all related engineering, architectural, and legal fees.
100
(c) For the division, proceeds shall be provided for the following:
101
PROJECT AMOUNT ESTIMATED
102
DESCRIPTION FUNDED OPERATIONS AND
103
MAINTENANCE
104
Southern Utah University $4,600,000 $0
105
Land Purchase
106
Salt Lake Community College $3,980,700 $507,900
107
High Tech Center -
108
Jordan Campus
109
Children's Special Health Care $755,400 $247,600
110
Needs Clinic
111
Youth Corrections - 2 @ 32 beds $419,500 $276,000
112
(Vernal / Logan)
113
Corrections - Gunnison 288 bed $8,425,600 $0
114
and Lagoon Expansion
115
University of Utah - $445,500 $101,700
116
Cowles Building
117
Utah Valley State College - $1,166,300 $391,000
118
Technical Building
119
Sevier Valley Applied Technology $3,014,300 $443,300
120
Center - Shop Expansion
121
Division of Parks and Recreation $1,000,000 $22,700
122
Statewide Restrooms
123
Murray Highway Patrol Office $2,300,000 $81,000
124
Department of Workforce $2,780,000 $128,100
125
Services - Davis County
126
Employment Center
127
[National Guard -] [$1,600,000] [$72,000]
128
[American Fork/Lehi Armory]
129
State Hospital - Rampton II $1,600,000 $462,000
130
Courts - 4th District $1,368,000 $0
131
Land - Provo
132
Dixie College - Land $1,000,000 $0
133
TOTAL CAPITAL AND $32,855,300
134
ECONOMIC DEVELOPMENT
135
(d) For purposes of this section, operations and maintenance costs:
136
(i) are estimates only;
137
(ii) may include any operations and maintenance costs already funded in existing agency
138
budgets; and
139
(iii) are not commitments by this Legislature or future Legislatures to fund those
140
operations and maintenance costs.
141
(3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
142
constitute a limitation on the amount that may be expended for any project.
143
(b) The board may revise these estimates and redistribute the amount estimated for a
144
project among the projects authorized.
145
(c) The commission, by resolution and in consultation with the board, may delete one or
146
more projects from this list if the inclusion of that project or those projects in the list could be
147
construed to violate state law or federal law or regulation.
148
(4) (a) The division may enter into agreements related to these projects before the receipt
149
of proceeds of bonds issued under this chapter.
150
(b) The division shall make those expenditures from unexpended and unencumbered
151
building funds already appropriated to the Capital Projects Fund.
152
(c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds of
153
bonds issued under this chapter.
154
(d) The commission may, by resolution, make any statement of intent relating to that
155
reimbursement that is necessary or desirable to comply with federal tax law.
156
(5) (a) For those projects for which only partial funding is provided in Subsection (2), it
157
is the intent of the Legislature that the balance necessary to complete the projects be addressed by
158
future Legislatures, either through appropriations or through the issuance or sale of bonds.
159
(b) For those phased projects, the division may enter into contracts for amounts not to
160
exceed the anticipated full project funding but may not allow work to be performed on those
161
contracts in excess of the funding already authorized by the Legislature.
162
(c) Those contracts shall contain a provision for termination of the contract for the
163
convenience of the state as required by Section
63-56-40
.
164
(d) It is also the intent of the Legislature that this authorization to the division does not
165
bind future Legislatures to fund projects initiated from this authorization.
166
Section 3.
Section
63B-8-402
is amended to read:
167
63B-8-402. Maximum amount -- Projects authorized.
168
(1) The total amount of bonds issued under this part may not exceed $7,400,000.
169
(2) (a) Proceeds from the issuance of bonds shall be provided to the [State Tax
170
Commission] division to provide funds to pay all or part of the cost of acquiring and constructing
171
the project [described] listed in this Subsection (2).
172
(b) These costs may include[:] the cost of acquiring land, interests in land, easements and
173
rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities and
174
all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or
175
convenient to the facilities, interest estimated to accrue on these bonds during the period to be
176
covered by construction of the projects plus a period of six months after the end of the construction
177
period, and all related engineering, architectural, and legal fees.
178
[(i) the cost of acquisition, development, and conversion of computer hardware and
179
software for motor vehicle fee systems and tax collection and accounting systems of the state;]
180
[(ii) interest estimated to accrue on these bonds during the period to be covered by that
181
development and conversion, plus a period of six months following the completion of the
182
development and conversion; and]
183
[(iii) all related engineering, consulting, and legal fees.]
184
(c) For the [State Tax Commission] division, proceeds shall be provided for the following:
185
PROJECT AMOUNT ESTIMATED
186
DESCRIPTION FUNDED OPERATIONS AND
187
MAINTENANCE
188
[UTAX Systems --] [$7,000,000]
189
[Acquisition and Development]
190
State Hospital - Rampton II $7,000,000 $462,000
191
[(3) The commission, by resolution, may decline to issue bonds if the project could be
192
construed to violate state law or federal law or regulation.]
193
[(4) (a) For this project, for which only partial funding is provided in Subsection (2), it is
194
the intent of the Legislature that the balance necessary to complete the project be addressed by
195
future Legislatures, either through appropriations or through the issuance or sale of bonds.]
196
[(b) The State Tax Commission may enter into contracts for amounts not to exceed the
197
anticipated full project funding but may not allow work to be performed on those contracts in
198
excess of the funding already authorized by the Legislature.]
199
[(c) Those contracts shall contain a provision for termination of the contract for the
200
convenience of the state as required by Section
63-56-40
.]
201
[(d) It is also the intent of the Legislature that this authorization to the State Tax
202
Commission does not bind future Legislatures to fund projects initiated from this authorization.]
203
(d) For purposes of this section, operations and maintenance costs:
204
(i) are estimates only;
205
(ii) may include any operations and maintenance costs already funded in existing agency
206
budgets; and
207
(iii) are not commitments by this Legislature or future Legislatures to fund those
208
operations and maintenance costs.
209
(3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
210
constitute a limitation on the amount that may be expended for any project.
211
(b) The board may revise these estimates and redistribute the amount estimated for a
212
project among the projects authorized.
213
(c) The commission, by resolution and in consultation with the board, may delete one or
214
more projects from this list if the inclusion of that project or those projects in the list could be
215
construed to violate state law or federal law or regulation.
216
(4) (a) The division may enter into agreements related to these projects before the receipt
217
of proceeds of bonds issued under this chapter.
218
(b) The division shall make those expenditures from unexpended and unencumbered
219
building funds already appropriated to the Capital Projects Fund.
220
(c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds of
221
bonds issued under this chapter.
222
(d) The commission may, by resolution, make any statement of intent relating to that
223
reimbursement that is necessary or desirable to comply with federal tax law.
224
(5) (a) For those projects for which only partial funding is provided in Subsection (2), it
225
is the intent of the Legislature that the balance necessary to complete the projects be addressed by
226
future Legislatures, either through appropriations or through the issuance or sale of bonds.
227
(b) For those phased projects, the division may enter into contracts for amounts not to
228
exceed the anticipated full project funding but may not allow work to be performed on those
229
contracts in excess of the funding already authorized by the Legislature.
230
(c) Those contracts shall contain a provision for termination of the contract for the
231
convenience of the state as required by Section
63-56-40
.
232
(d) It is also the intent of the Legislature that this authorization to the division does not
233
bind future Legislatures to fund projects initiated from this authorization.
234
Section 4.
Section
63B-8-408
is amended to read:
235
63B-8-408. Creation of sinking fund.
236
(1) There is created a sinking fund, to be administered by the state treasurer, entitled the
237
"1999 [UTAX] General Obligation Capital Project Bonds Sinking Fund."
238
(2) All monies deposited in the sinking fund, from whatever source, shall be used to pay
239
debt service on the bonds.
240
(3) The proceeds of all taxes levied under this chapter are appropriated to this fund.
241
(4) The state treasurer may create separate accounts within the sinking fund for each series
242
of bonds issued.
243
Section 5.
Section
63B-9-101
is enacted to read:
244
CHAPTER 9. 2000 FINANCING AUTHORIZATIONS
245
Part 1. Revenue Bond and Other Capital Facility Authorizations
246
63B-9-101. Revenue bond authorizations.
247
It is the intent of the Legislature that:
248
(1) the Board of Regents issue, sell, and deliver revenue bonds or other evidences of
249
indebtedness of the Board of Regents to borrow money on the credit, revenues, and reserves of the
250
Higher Education Student Loan Program to finance the cost of acquiring, constructing, furnishing,
251
and equipping office space;
252
(2) funds within the Board of Regents budget that would otherwise be expended for rent
253
be used as the primary revenue source for repayment of any obligation created under authority of
254
this section;
255
(3) the Board of Regents may not request an increase in state appropriations for rent to be
256
used for repayment of any obligation created under authority of this section;
257
(4) the Board of Regents may not request an increase, beyond that resulting from inflation,
258
in state appropriations for operations and maintenance of the facility acquired or constructed under
259
this section; and
260
(5) the bonds or other evidences of indebtedness authorized by this section may provide
261
up to $8,000,000, together with other amounts necessary to pay costs of issuance, pay capitalized
262
interest, and fund any debt service reserve requirements.
263
Section 6.
Section
63B-9-102
is enacted to read:
264
63B-9-102. Other capital facility authorizations and intent language.
265
(1) It is the intent of the Legislature that:
266
(a) Utah State University use institutional funds to plan, design, and construct a renovation
267
and expansion of the Edith Bowen School under the direction of the director of the Division of
268
Facilities Construction and Management unless supervisory authority has been delegated;
269
(b) no state funds be used for any portion of this project; and
270
(c) the university may request state funds for operations and maintenance to the extent that
271
the university is able to demonstrate to the Board of Regents that the facility meets approved
272
academic and training purposes under Board of Regents policy R710.
273
(2) It is the intent of the Legislature that:
274
(a) the University of Utah use institutional funds to plan, design, and construct a College
275
of Science Math Center under the direction of the director of the Division of Facilities
276
Construction and Management unless supervisory authority has been delegated;
277
(b) no state funds be used for any portion of this project; and
278
(c) the university may request state funds for operations and maintenance to the extent that
279
the university is able to demonstrate to the Board of Regents that the facility meets approved
280
academic and training purposes under Board of Regents policy R710.
281
(3) It is the intent of the Legislature that:
282
(a) the University of Utah use institutional funds to plan, design, and construct a Burbidge
283
Athletics and Academics Building under the direction of the director of the Division of Facilities
284
Construction and Management unless supervisory authority has been delegated;
285
(b) no state funds be used for any portion of this project; and
286
(c) the university may not request state funds for operations and maintenance.
287
(4) It is the intent of the Legislature that:
288
(a) the University of Utah use institutional funds to plan, design, and construct an
289
expansion to the bookstore under the direction of the director of the Division of Facilities
290
Construction and Management unless supervisory authority has been delegated;
291
(b) no state funds be used for any portion of this project; and
292
(c) the university may not request state funds for operations and maintenance.
293
(5) It is the intent of the Legislature that:
294
(a) the University of Utah use institutional funds to plan, design, and construct a Health
295
Sciences/Basic Sciences Building under the direction of the director of the Division of Facilities
296
Construction and Management unless supervisory authority has been delegated;
297
(b) no state funds be used for any portion of this project; and
298
(c) the university may request state funds for operations and maintenance to the extent that
299
the university is able to demonstrate to the Board of Regents that the facility meets approved
300
academic and training purposes under Board of Regents policy R710.
301
(6) It is the intent of the Legislature that:
302
(a) Weber State University use institutional funds to plan, design, and construct an
303
expansion to the stadium under the direction of the director of the Division of Facilities
304
Construction and Management unless supervisory authority has been delegated;
305
(b) no state funds be used for any portion of this project; and
306
(c) the university may not request state funds for operations and maintenance.
307
(7) It is the intent of the Legislature that:
308
(a) Utah Valley State College use institutional funds to plan, design, and construct a
309
baseball stadium under the direction of the director of the Division of Facilities Construction and
310
Management unless supervisory authority has been delegated;
311
(b) no state funds be used for any portion of this project; and
312
(c) the college may not request state funds for operations and maintenance.
313
(8) It is the intent of the Legislature that:
314
(a) Southern Utah University use institutional funds to plan, design, and construct a weight
315
training room under the direction of the director of the Division of Facilities Construction and
316
Management unless supervisory authority has been delegated;
317
(b) no state funds be used for any portion of this project; and
318
(c) the university may not request state funds for operations and maintenance.
319
(9) It is the intent of the Legislature that:
320
(a) Snow College may lease land at the Snow College South campus to a private developer
321
for the construction and operation of student housing;
322
(b) the oversight and inspection of the construction comply with Section
63A-5-206
;
323
(c) no state funds be used for any portion of this project; and
324
(d) the college may not request state funds for operations and maintenance.
325
(10) It is the intent of the Legislature that:
326
(a) Salt Lake Community College may lease land at the Jordan campus to Jordan School
327
District for the construction and operation of an Applied Technology Education Center;
328
(b) the oversight and inspection of the construction comply with Section
63A-5-206
;
329
(c) no state funds be used for any portion of this project; and
330
(d) the college may not request state funds for operations and maintenance.
331
(11) It is the intent of the Legislature that:
332
(a) the Department of Transportation exchange its maintenance station at Kimball Junction
333
for property located near Highway 40 in Summit County; and
334
(b) the Department of Transportation use federal funds, rent paid by the Salt Lake
335
Organizing Committee for the use of the maintenance station, and any net proceeds resulting from
336
the exchange of property to construct a replacement facility under the direction of the director of
337
the Division of Facilities Construction and Management unless supervisory authority has been
338
delegated.
339
(12) It is the intent of the Legislature that:
340
(a) the Department of Transportation sell surplus property in Utah County;
341
(b) the Department of Transportation use funds from that sale to remodel existing space
342
and add an addition to the Region 3 Complex; and
343
(c) the project cost not exceed the funds received through sale of property.
344
(13) It is the intent of the Legislature that the Department of Workforce Services use
345
proceeds from property sales to purchase additional property adjacent to its state-owned facility
346
in Logan.
347
(14) (a) It is the intent of the Legislature that, because only partial funding is provided for
348
the Heat Plant/Infrastructure Project at Utah State University, the balance necessary to complete
349
this project be addressed by future Legislatures, either through appropriations or through the
350
issuance of bonds.
351
(b) (i) In compliance with Section
63A-5-207
, the division may enter into contracts for
352
amounts not to exceed the anticipated full project funding but may not allow work to be performed
353
on those contracts in excess of the funding already authorized by the Legislature.
354
(ii) Those contracts shall contain a provision for termination of the contract for the
355
convenience of the state as required by Section
63-56-40
.
356
(c) It is also the intent of the Legislature that this authorization to the division does not
357
bind future Legislatures to fund the Heat Plant/Infrastructure Project at Utah State University.
Legislative Review Note
as of 2-24-00 11:16 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.