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First Substitute S.B. 101
Senator Peter C. Knudson proposes to substitute the following bill:
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STATE BUILDING OWNERSHIP AUTHORITY AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Peter C. Knudson
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AN ACT RELATING TO STATE AFFAIRS IN GENERAL; MODIFYING DEFINITIONS;
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MODIFYING POWERS AND DUTIES; MODIFYING THE MEMBERSHIP OF THE STATE
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BUILDING OWNERSHIP AUTHORITY; MAKING TECHNICAL CORRECTIONS; AND
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PROVIDING AN 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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63-9a-3, as last amended by Chapters 67 and 314, Laws of Utah 1998
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63-9a-4, as last amended by Chapter 243, Laws of Utah 1996
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63-9a-5, as last amended by Chapter 260, Laws of Utah 1981
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63-9a-18, as last amended by Chapter 260, Laws of Utah 1981
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REPEALS:
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63-9a-21, as last amended by Chapter 20, Laws of Utah 1995
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63-9a-22, as last amended by Chapter 82, Laws of Utah 1997
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
63-9a-3
is amended to read:
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63-9a-3. Definitions.
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As used in this chapter:
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(1) "Acquire or construct," "acquired or constructed," "constructed or acquired," "acquiring
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or constructing," or "acquisition or construction" means any acquisition, construction,
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reconstruction, restoration, enlargement, improvement, renovation, repair, replacement, equipping
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or furnishing, in whole or in part, of a facility.
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(2) "Authority" means the State Building Ownership Authority created by this chapter.
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(3) "Division" means the Division of Facilities Construction and Management.
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[(3)] (4) (a) "Facility" or "facilities" means any public building, structure, highway, or
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property for any governmental purpose of state bodies, and the related and appurtenant easements,
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rights-of-way, improvements, paving, utilities, landscaping, parking facilities, and the lands,
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interests in land, and grounds, together with the personal property necessary, convenient, or
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appurtenant thereto.
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(b) "Facility" includes a golf course.
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[(4)] (5) "Mortgage" means any mortgage, trust deed, indenture, pledge agreement,
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assignment, security agreement, financing statement, or other instrument pursuant to which
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property may be encumbered as security for obligations.
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[(5)] (6) "Obligations" means any mortgage certificates, notes, debentures, interim
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certificates, revenue bonds, or other evidences of financial indebtedness, but not including general
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obligation bonds.
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[(6)] (7) (a) "State body" or "state bodies" means the state and any department, board,
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commission, or agency of the state.
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(b) Except as provided in Subsection [(6)] (7)(c), "state body" or "state bodies" does not
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mean colleges and universities.
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(c) "State body" or "state bodies" includes a college or university when the obligation to
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be issued will finance the acquisition or construction of research facilities, housing facilities, or
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student centers at the college or university.
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(d) "State body" or "state bodies" includes applied technology centers.
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Section 2.
Section
63-9a-4
is amended to read:
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63-9a-4. State Building Ownership Authority created -- Members -- Compensation
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-- Location in Department of Administrative Services.
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(1) There is created a body politic and corporate to be known as the State Building
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Ownership Authority.
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(2) The members of the State [Building Board] Bonding Commission created under
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Section [
63A-5-101
]
63B-1-201
shall serve as members of the State Building Ownership
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Authority.
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(3) (a) (i) Members who are not government employees shall receive no compensation or
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benefits for their services, but may receive per diem and expenses incurred in the performance of
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the member's official duties at the rates established by the Division of Finance under Sections
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63A-3-106
and
63A-3-107
.
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(ii) Members may decline to receive per diem and expenses for their service.
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(b) (i) State government officer and employee members who do not receive salary, per
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diem, or expenses from their agency for their service may receive per diem and expenses incurred
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in the performance of their official duties from the authority at the rates established by the Division
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of Finance under Sections
63A-3-106
and
63A-3-107
.
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(ii) State government officer and employee members may decline to receive per diem and
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expenses for their service.
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(4) (a) The State Building Ownership Authority shall be located within the Department
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of Administrative Services for administrative purposes and shall receive staff support and all
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necessary information and resources from the department as required.
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(b) The state financial advisor created under Section
67-4-16
shall provide independent
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financial advice, support, and information as required.
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Section 3.
Section
63-9a-5
is amended to read:
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63-9a-5. Powers and duties of authority.
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(1) The authority shall [have the following powers and duties: (1) to] have perpetual
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succession as a body politic and corporate[;].
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(2) The authority may:
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[(2) to] (a) h [
a
] h sue and h [
to
] h be sued in its own name;
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[(3) to] (b) have, and alter at will, an official seal;
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[(4) to] (c) contract with experts, advisers, consultants, and agents for needed services;
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[(5)] (d) with the prior approval of the Legislature, [to] borrow money and issue
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obligations, including refunding obligations;
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[(6) to] (e) receive and accept aid or contributions from any source, including the United
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States or this state, in the form of money, property, labor, or other things of value to be held, used
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and applied to carry out the purposes of this chapter, subject to the conditions upon which this aid
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and contributions are made, for any purpose consistent with this chapter;
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[(7) to] (f) enter into agreements with any department, agency or instrumentality of the
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United States or this state, financial institutions, or contractors for the purpose of leasing,
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maintaining, and operating any facility;
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[(8)] (g) to the extent permitted under its contract with the holders of its obligations, [to]
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consent to any modification relating to rate of interest, time and payment of any installment of
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principal or interest, security or any other term of any contract, mortgage, mortgage loan, mortgage
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loan commitment, contract or agreement of any kind to which it is a party;
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[(9) to] (h) pledge revenues from any facility to secure the payment of obligations relating
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to that facility, including interest on obligations, and to redeem those obligations;
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[(10) to] (i) cause to be executed mortgages, trust deeds, indentures, pledge agreements,
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assignments, security agreements, and financing statements encumbering property acquired, or
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constructed under this chapter;
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[(11) to] (j) own, lease, operate, and encumber facilities acquired or constructed under this
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chapter by it or the [state building board] the division;
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[(12) to] (k) exercise the power of eminent domain;
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[(13) to] (l) rent or lease any facility in whole or in part to any state body; and
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[(14) to] (m) have and exercise [such] any other powers or duties [as may be] that are
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necessary or appropriate to carry out and effectuate the purposes of this chapter.
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Section 4.
Section
63-9a-18
is amended to read:
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63-9a-18. Duties of the Division of Facilities Construction and Management --
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Reimbursement.
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(1) (a) The [State Building Board] division shall:
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(i) construct, maintain, allocate the space in, and dispose of all facilities acquired or
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constructed for the authority with the proceeds of obligations of the authority[, and the board
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shall]; and
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(ii) do all things necessary to keep those facilities in good order and repair [and].
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(2) The division may perform all [these acts] of the duties established in Subsection (1)
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pursuant to contracts with the authority.
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(3) The [board] division shall be reimbursed for all direct costs of maintenance by the
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authority from funds derived from rental or lease payments.
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(4) Nothing contained in this chapter may be construed to limit, supersede, or otherwise
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change in any respect the authority of the division provided in Title 63A, Chapter 5, State Building
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Board - Division of Facilities Construction and Management.
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Section 5. Repealer.
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This act repeals:
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Section 63-9a-21, State Building Ownership Authority Program of 1979 -- Obligations
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for general office building facility authorized.
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Section 63-9a-22, State Building Ownership Authority Program -- Obligations for
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agriculture and food department office building facility authorized.
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Section 6. 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.
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