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H.B. 153
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UTAH DEPARTMENT OF TRANSPORTATION
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MAINTENANCE SHEDS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Gerry A. Adair
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AN ACT RELATING TO TRANSPORTATION AND ADMINISTRATIVE SERVICES;
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AMENDING CERTAIN AUTHORITY RELATED TO THE EXCHANGES OF REAL
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PROPERTY BY THE DEPARTMENT OF TRANSPORTATION; AND PROVIDING AN
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EFFECTIVE DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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63A-5-206, as last amended by Chapters 225 and 285, Laws of Utah 1998
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72-5-111, as renumbered and amended by Chapter 270, Laws of Utah 1998
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
63A-5-206
is amended to read:
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63A-5-206. Construction, alteration, and repair of state facilities -- Powers of
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director -- Exceptions -- Expenditure of appropriations.
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(1) As used in this section:
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(a) "Analysis" means an economic assessment of competing design and maintenance
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alternatives, the object of which is to reduce cost and conserve energy.
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(b) "Capital developments" means any:
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(i) remodeling, site, or utility projects with a total cost of $1,000,000 or more;
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(ii) addition of new space that will cost more than $100,000; or
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(iii) land acquisition where an appropriation is requested.
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(c) "Capital improvements" means any:
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(i) remodeling, alteration, repair project with a total cost of less than $1,000,000; or
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(ii) site and utility improvement with a total cost of less than $1,000,000.
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(d) "Life cycle cost-effective" means the lowest cost of owning and operating a facility
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over a 25-year period, including the initial cost, energy costs, operation and maintenance costs,
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repair costs, and the costs of energy conservation and renewable energy systems.
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(e) "Renewable energy system" means a system designed to use solar, wind, geothermal
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power, wood, or other replenishable energy source to heat, cool, or provide electricity to a
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building.
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(f) "State-owned facilities" means those facilities identified in Section
63A-5-212
.
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(2) The director shall prepare or have prepared by private firms or individuals designs,
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plans, and specifications for the various buildings and improvements, and other work carried out
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by the division.
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(3) (a) (i) Except as provided in Subsection (3)(a)(ii) or (3)(a)(iii), and except for facilities
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under the jurisdiction of the State Capitol Preservation Board, the director shall recommend the
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need for and exercise direct supervision over the design and construction of all alterations, repairs,
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and improvements to all existing facilities of the state, its departments, commissions, institutions,
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and agencies if the total project construction cost is greater than $100,000.
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(ii) The director may:
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(A) authorize a department, commission, institution, or agency to control design and
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construction of alterations, repairs, and improvements when the total project construction cost is
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greater than $100,000 by following the delegation requirements and procedures of Subsection
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(3)(c); or
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(B) by rule, authorize a particular department, commission, institution, or agency to control
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design and construction on projects within a particular dollar range and a particular project type.
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(iii) (A) At the request of This is the Place Foundation, the director may authorize the
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foundation to control design and construction of alterations, repairs, or improvements to facilities
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at This is the Place State Park to be made with funds of the foundation, including grant monies
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from the state, or with donated services or materials.
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(B) If the foundation controls design and construction as provided in Subsection
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(3)(a)(iii)(A), the alterations, repairs, or improvements are subject to plan review and inspection
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by Salt Lake City for the purpose of assuring compliance with building codes.
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(b) (i) Except for the placement or installation of works of art through Title 9, Chapter 6,
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Part 4, Utah Percent-for-Art Act, or as provided in Subsection (3)(b)(ii), and except for facilities
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under the jurisdiction of the State Capitol Preservation Board, an existing facility may not be
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altered, repaired, or improved on the property of any state institution, department, commission, or
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agency if the total project construction cost exceeds $100,000 until the location, design, plans, and
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specifications are approved by the director and the officials charged with the administration of the
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affairs of the particular department, commission, institution, or agency.
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(ii) Alterations, repairs, or improvements to facilities at This is the Place State Park to be
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made by This is the Place Foundation with funds of the foundation, including grant monies from
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the state, or with donated services or materials, are exempt from Subsection (3)(b)(i).
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(c) (i) The director may delegate control over design, construction, and all other aspects
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of any project to entities of state government on a project-by-project basis if the state entity
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requests that delegation in writing and the State Building Board approves the delegation.
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(ii) (A) The director, his designee, or the state entity to whom control has been designated
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pursuant to Subsection (5)(c)(i) shall notify in writing the elected representatives of local
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government entities directly and substantively affected by any diagnostic, treatment, parole,
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probation, or other secured facility project exceeding $250,000, if:
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(I) the nature of the project has been significantly altered since prior notification or
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approval;
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(II) the project would significantly change the nature of the functions presently conducted
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at the location;
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(III) the project adds 50% or more square feet to the area of the facility; or
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(IV) the project is new construction.
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(B) At the request of either the state entity or the local government entity, representatives
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from the state entity and the affected local entity shall conduct or participate in a local public
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hearing or hearings to discuss these issues.
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(iii) The state entity to whom control is delegated shall assume fiduciary control over
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project finances, shall assume all responsibility for project budgets and expenditures, and shall
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receive all funds appropriated for the project, including any contingency funds contained in the
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appropriated project budget.
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(iv) Delegation of project control does not exempt the state entity from complying with
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the codes and guidelines for design and construction adopted by the division and the State Building
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Board.
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(v) State entities that receive a delegated project may not have access to the building board
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contingency funds authorized in Section
63A-5-209
for the delegated project.
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(4) (a) The director shall ensure that state-owned facilities, except for facilities under the
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control of the State Capitol Preservation Board, are life cycle cost effective.
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(b) The estimated cost of the analysis shall be included in each program budget document
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and in the project funding request submitted to the State Building Board, the governor, and the
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Legislature.
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(c) The final cost estimate shall reflect the most life cycle cost-effective building.
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(d) The director, in consultation with the State Building Board and Division of Energy,
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shall make rules to implement this subsection by following the procedures and requirements of
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Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
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(e) The State Building Board may exempt a facility from being life cycle cost-effective
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pursuant to rules, after reviewing and concurring with a written request and justification from the
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director.
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(5) (a) Except as provided in Subsection (5)(c) or (5)(d), and except for facilities
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constructed on property under the jurisdiction of the State Capitol Preservation Board, the director
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shall recommend the need for and exercise direct supervision over the design and construction of
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all new facilities of the state, its departments, commissions, institutions, and agencies if the total
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project construction cost is in excess of $100,000.
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(b) (i) Except for the placement or installation of works of art under Title 9, Chapter 6,
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Part 4, Utah Percent-for-Art Act, or as provided in Subsection (5)(b)(ii), (5)(b)(iii), or (5)(b)(iv),
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(5)(b)(v), and except for facilities constructed on property under the jurisdiction of the State
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Capitol Preservation Board, a new facility may not be constructed on the property of any state
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department, commission, institution, or agency if the total project construction cost of the facility,
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regardless of the funding source, exceeds $100,000, until the construction of the facility has been
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approved by the Legislature in an Appropriations Act or by other specific legislation, and the
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location, design, plans, and specifications are approved by the director and the official charged
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with the administration of the affairs of the particular department, commission, institution, or
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agency.
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(ii) Facilities to be built with nonstate funds and owned and occupied by nonstate entities
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within research park areas are exempt from this Subsection (5)(b).
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(iii) Facilities to be built for the Utah National Guard for which the funding for
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construction, operations, and maintenance are derived totally from the United States Government
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are exempt from the requirement of obtaining legislative approval required by this Subsection
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(5)(b).
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(iv) New facilities to be built at This is the Place State Park by This is the Place
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Foundation with funds of the foundation, including grant monies from the state, or with donated
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services or materials, are exempt from Subsection (5)(b)(i).
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(v) New state-owned facilities to be built for the Department of Transportation as a result
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of an exchange of real property under Section
72-5-111
, are exempt from the requirement of
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obtaining legislative approval required by this Subsection (5)(b).
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(c) (i) The director may delegate control over design, construction, and all other aspects
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of any project to entities of state government on a project-by-project basis if the state entity
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requests that delegation in writing and the State Building Board approves the delegation.
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(ii) The state entity to whom control is delegated shall assume fiduciary control over
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project finances, shall assume all responsibility for project budgets and expenditures, and shall
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receive all funds appropriated for the project, including any contingency funds contained in the
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appropriated project budget.
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(iii) Delegation of project control does not exempt the state entity from complying with
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the codes and guidelines for design and construction adopted by the division and the State Building
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Board.
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(iv) State entities that receive a delegated project may not have access to the building board
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contingency funds authorized in Section
63A-5-209
for the delegated project.
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(d) (i) At the request of This is the Place Foundation, the director may authorize the
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foundation to control design and construction of any new facility at This is the Place State Park
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to be built with funds of the foundation, including grant monies from the state, or with donated
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services or materials.
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(ii) If the foundation controls design and construction as provided in Subsection (5)(d)(i),
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the new facility is subject to plan review and inspection by Salt Lake City for the purpose of
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assuring compliance with building codes.
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(6) The director may expend appropriations for statewide projects from funds provided by
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the Legislature for those specific purposes and within guidelines established by the State Building
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Board.
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(7) (a) The director, with the approval of the Office of Legislative Fiscal Analyst, shall
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develop standard forms to present capital development and capital improvement cost summary
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data.
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(b) The director shall:
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(i) within 30 days after the completion of each capital development project, submit cost
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summary data for the project on the standard form to the Office of Legislative Fiscal Analyst; and
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(ii) upon request, submit cost summary data for a capital improvement project to the Office
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of Legislative Fiscal Analyst on the standard form.
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(8) Notwithstanding the requirements of Title 63, Chapter 38, Budgetary Procedures Act,
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the director may:
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(a) accelerate the design of projects funded by any appropriation act passed by the
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Legislature in its annual general session;
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(b) use any unencumbered existing account balances to fund that design work; and
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(c) reimburse those account balances from the amount funded for those projects when the
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appropriation act funding the project becomes effective.
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Section 2.
Section
72-5-111
is amended to read:
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72-5-111. Disposal of real property.
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(1) (a) If the department determines that any real property or interest in real property,
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acquired for a highway purpose, is no longer necessary for the purpose, the department may lease,
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sell, exchange, or otherwise dispose of the real property or interest in the real property.
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(b) (i) Real property may be sold at private or public sale [and].
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(ii) Except as provided in Subsection (1)(c) related to exchanges, the proceeds of the sale
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shall be [turned over to] deposited with the state treasurer and credited to the Transportation Fund.
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(c) If approved by the commission, real property or an interest in real property may be
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exchanged by the department for other real property or interest in real property, including
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improvements, for highway purposes.
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(2) In the disposition of land at any private sale, first consideration may be given to the
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original grantor or his successor-in-interest.
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(3) Any sale, exchange, or disposal of real property or interest in real property made by the
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department pursuant to this section, is exempt from the mineral reservation provisions of Title
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65A, Chapter 6, Mineral Leases, and any deed made and delivered by the department pursuant to
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this section without specific reservations in the deed is a conveyance of all the state's right, title,
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and interest in the real property or interest in the real property.
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Section 3. Effective date.
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If approved by two-thirds of all the members elected to each house, this act takes effect
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upon approval by the governor, or the day following the constitutional time limit of Utah
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Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
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date of veto override.
Legislative Review Note
as of 1-7-00 4:39 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.