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S.B. 75 Enrolled
1
U STAR INITIATIVE
2
2006 GENERAL SESSION
3
STATE OF UTAH
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Chief Sponsor: L. Alma Mansell
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House Sponsor:
David Clark
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LONG TITLE
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General Description:
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This bill establishes a process for a Utah Science Technology and Research Initiative,
10
authorizes the issuance of general obligation bonds for the construction of research
11
buildings at Utah State University and the University of Utah, and appropriates monies
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for construction, administration, and operations.
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Highlighted Provisions:
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This bill:
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. defines the intended scope of the Utah Science Technology and Research Project,
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including:
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. construction of research buildings at Utah State University and the University of
18
Utah;
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. the creation of a technology outreach program delivered at strategic locations
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around Utah;
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. the funding of research teams to conduct science and technology research; and
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. requirements governing how revenues generated from the project will be
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allocated between the state, Utah State University, and the University of Utah;
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. creates the Utah Science Technology and Research Governing Authority, defines its
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membership and its powers and duties;
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. creates the Utah Science Technology and Research Governing Authority Advisory
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Council and defines its membership and its powers and duties;
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. authorizes the Utah Science Technology and Research Governing Authority to hold
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title to its property;
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. modifies the Bonding Code by authorizing the issuance and sale of $111,100,000 in
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general obligation bonds by the State Bonding Commission for construction of a
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Bio Innovations Research Institute at Utah State University and a Neuroscience and
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Biomedical Technology Research Building at the University of Utah;
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. specifies the use of the general obligation bond proceeds and the manner of
35
issuance;
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. provides expressions of legislative intent; and
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. establishes a salary range for the executive director of the Utah Science Technology
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and Research Governing Authority.
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Monies Appropriated in this Bill:
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This bill appropriates:
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. $50,000,000 from the General Fund for fiscal year 2007 only, to the Utah Science
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Technology and Research Governing Authority;
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. as an ongoing appropriation subject to future budget constraints, $19,250,000 from
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the General Fund for fiscal year 2006-07, to the Utah Science Technology and
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Research Governing Authority; and
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. redirects the ongoing appropriations made to Utah State University and the
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University of Utah for research teams to the Utah Science Technology and Research
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Governing Authority beginning in fiscal year 2007.
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Other Special Clauses:
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This bill takes effect on July 1, 2006.
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Utah Code Sections Affected:
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AMENDS:
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63A-5-204, as last amended by Chapter 34, Laws of Utah 2004
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67-22-2 (Effective 07/01/06), as last amended by Chapter 8, Laws of Utah 2005, First
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Special Session
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ENACTS:
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63-38g-101, Utah Code Annotated 1953
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63-38g-102, Utah Code Annotated 1953
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63-38g-201, Utah Code Annotated 1953
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63-38g-202, Utah Code Annotated 1953
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63-38g-203, Utah Code Annotated 1953
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63-38g-204, Utah Code Annotated 1953
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63-38g-301, Utah Code Annotated 1953
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63-38g-302, Utah Code Annotated 1953
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63-38g-303, Utah Code Annotated 1953
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63B-15-101, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
63-38g-101
is enacted to read:
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CHAPTER 38g. UTAH SCIENCE TECHNOLOGY AND RESEARCH
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GOVERNING AUTHORITY ACT
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Part 1. General Provisions
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63-38g-101. Title.
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This chapter is known as the "Utah Science Technology and Research Governing
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Authority Act."
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Section 2.
Section
63-38g-102
is enacted to read:
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63-38g-102. Definitions.
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As used in this chapter:
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(1) "Executive director" means the person appointed by the governing authority under
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Section
63-38g-301
.
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(2) "Commercialization revenues " means dividends, realized capital gains, license
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fees, royalty fees, and other revenues received by a university as a result of commercial
83
applications developed from the project, less:
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(a) the portion of those revenues allocated to the inventor; and
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(b) expenditures incurred by the university to legally protect the intellectual property.
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(3) "Governing authority" means the Utah Science Technology and Research
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Governing Authority created in Section
63-38g-301
.
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(4) "Project" means the Utah Science Technology and Research Project.
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(5) "Research buildings" means any of the buildings listed in Section
63-38g-201
.
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(6) "Research universities" means the University of Utah and Utah State University.
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(7) "Technology outreach program" means the program required by Section
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63-38g-202
.
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(8) "Utah Science Technology and Research Project" means the buildings and activities
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described in Part 2, Utah Science Technology and Research Project.
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Section 3.
Section
63-38g-201
is enacted to read:
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Part 2. Utah Science Technology and Research Project
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63-38g-201. Science technology research buildings.
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(1) As funding becomes available from the Legislature or other sources, the Utah
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Science Technology and Research Governing Authority created in Part 3 shall:
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(a) construct at Utah State University:
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(i) a Bio Innovations Research Institute;
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(ii) an Infectious Disease Research Center; and
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(iii) an Informatics/Computing Research Center; and
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(b) construct at the University of Utah:
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(i) a Neuroscience and Biomedical Technology Research Building; and
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(ii) an Information Technology and Bioinformatics Research Center.
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(2) The governing authority shall, subject to any restrictions or directions established
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by the Legislature, plan, design, and construct the buildings.
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(3) (a) Utah State University shall provide the land for the construction of science
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technology and research buildings on its campus.
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(b) The University of Utah shall provide the land for the construction of science
112
technology and research buildings on its campus.
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(4) The governing authority shall hold title to the research buildings.
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(5) The governing authority may:
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(a) lease the buildings to Utah State University and the University of Utah;
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(b) require research teams to generate a certain amount of revenue from grants or other
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sources to contribute to the project; and
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(c) unless prohibited by law, deposit lease payments and other monies received from
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the universities and research teams with the state treasurer for deposit into the sinking funds
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created under Section
63B-1a-301
for debt service on the bonds issued to fund planning,
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design, and construction of the research buildings.
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Section 4.
Section
63-38g-202
is enacted to read:
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63-38g-202. Technology outreach program.
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(1) As funding becomes available from the Legislature or other sources, the Utah
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Science Technology and Research Governing Authority created in Part 3 shall establish a
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technology outreach program at up to five locations distributed strategically throughout Utah.
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(2) (a) The governing authority shall ensure that the technology outreach program acts
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as a resource to:
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(i) broker ideas, new technologies, and services to entrepreneurs and businesses
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throughout a defined service area;
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(ii) engage local entrepreneurs and professors at applied technology centers, colleges,
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and universities by connecting them to Utah's research universities;
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(iii) screen business ideas and new technologies to ensure that the ones with the highest
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growth potential receive the most targeted services and attention;
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(iv) connect market ideas and technologies in new or existing businesses or industries
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or in regional colleges and universities with the expertise of Utah's research universities;
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(v) assist businesses, applied technology centers, colleges, and universities in
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developing commercial applications for their research; and
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(vi) disseminate and share discoveries and technologies emanating from Utah's
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research universities to local entrepreneurs, businesses, applied technology centers, colleges,
141
and universities.
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(b) In designing and operating the technology outreach program, the governing
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authority shall work cooperatively with the Technology Commercialization Offices at Utah
144
State University and the University of Utah.
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Section 5.
Section
63-38g-203
is enacted to read:
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63-38g-203. Research teams.
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As funding becomes available from the Legislature or other sources, and subject to any
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restrictions or directions established by the Legislature, the governing authority shall allocate
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monies to Utah State University and the University of Utah to provide funding for research
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teams to conduct science and technology research.
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Section 6.
Section
63-38g-204
is enacted to read:
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63-38g-204. Financial participation agreement.
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(1) In consideration of the monies and services provided or agreed to be provided, the
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state of Utah, Utah State University, and the University of Utah covenant and agree that they
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will allocate commercialization revenues as follows:
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(a) for the first $15,000,000 received:
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(i) $10,000,000 to Utah State University and the University of Utah, with the monies
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distributed proportionately based upon which university conducted the research that generated
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the commercialization revenues; and
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(ii) $5,000,000 to the Governor's Office of Economic Development for the Centers of
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Excellence program created by Chapter 38f, Part 7, Centers of Excellence Act; and
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(b) for all subsequent monies received:
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(i) 50% to Utah State University and the University of Utah, with the monies
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distributed proportionately based upon which university conducted the research that generated
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the commercialization revenues; and
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(ii) 50% to the governing authority or other entity designated by the state to be used
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for:
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(A) the Centers of Excellence program created by Chapter 38f, Part 7, Centers of
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Excellence Act;
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(B) replacement of equipment in the research buildings;
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(C) recruiting and paying additional research teams; and
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(D) construction of additional research buildings.
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(2) The Governor's Office of Economic Development shall:
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(a) distribute that portion of the $5,000,000 allocated to the Centers of Excellence
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program by Subsection (1)(a)(ii) to Utah State University and the University of Utah based
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upon which institution performed the research that generated the commercialization revenues;
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and
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(b) credit those amounts to the universities as matching funds under Subsection
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63-38f-701
(2).
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Section 7.
Section
63-38g-301
is enacted to read:
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Part 3. Utah Science Technology and Research Governing Authority
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63-38g-301. The Utah Science Technology and Research Governing Authority --
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Creation -- Membership -- Meetings -- Staff.
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(1) There is created the Utah Science Technology and Research Governing Authority
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consisting of the state treasurer and the following eight members appointed as follows with the
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consent of the Senate:
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(a) three appointed by the governor;
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(b) two appointed by the president of the Senate;
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(c) two appointed by the speaker of the House of Representatives; and
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(d) one appointed by the commissioner of higher education.
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(2) (a) (i) The eight appointed members shall serve four-year staggered terms.
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(ii) The appointed members may not serve more than two full consecutive terms.
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(b) Notwithstanding Subsection (2)(a)(i), the terms of the first members of the
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governing authority shall be staggered by lot so that half of the initial members serve two-year
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terms and half serve four-year terms.
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(3) Vacancies in the appointed positions on the governing authority shall be filled by
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the appointing authority with consent of the Senate for the unexpired term.
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(4) (a) The governor shall select the chair of the governing authority to serve a one-year
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term.
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(b) The president of the Senate and the speaker of the House of Representatives shall
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jointly select the vice chair of the governing authority to serve a one-year term.
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(5) The governing authority shall meet at least monthly and may meet more frequently
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at the request of a majority of the members of the governing authority.
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(6) Five members of the governing authority are a quorum.
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(7) (a) 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
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of the member's official duties at the rates established by the Division of Finance under
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Sections
63A-3-106
and
63A-3-107
.
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(b) Members may decline to receive per diem and expenses for their service.
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(8) (a) (i) The governing authority shall hire a full-time executive director to provide
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staff support for the governing authority.
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(ii) The executive director is an at-will employee who may be terminated without cause
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by the governor or by majority vote of the governing authority.
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(b) The Governor's Office of Economic Development shall provide office space and
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administrative support for the executive director.
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Section 8.
Section
63-38g-302
is enacted to read:
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63-38g-302. Governing authority powers.
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(1) The governing authority shall:
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(a) ensure that funds appropriated and received for research and development at the
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research universities and for the technology outreach program are used appropriately,
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effectively, and efficiently in accordance with the intent of the Legislature;
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(b) in cooperation with the universities' administrations, expand key research at the two
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research universities;
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(c) enhance technology transfer and commercialization of research and technologies
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developed at the research universities to create high-quality jobs and new industries in the
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private sector in Utah;
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(d) review state and local economic development plans and appropriations to ensure
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that the project and appropriations do not duplicate existing or planned programs;
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(e) establish economic development objectives for the project;
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(f) by following the procedures and requirements of Title 63, Chapter 46a, Utah
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Administrative Rulemaking Act, make rules for allocating monies appropriated to it for
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research teams and for the commercialization of new technology between Utah State
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University and the University of Utah;
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(g) verify that the project is being enhanced by research grants and that it is meeting the
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governing authority's economic development objectives;
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(h) monitor all research plans that are part of the project at the research universities to
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determine that appropriations are being spent in accordance with legislative intent and to
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maximize the benefit and return to the state;
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(i) develop methods and incentives to encourage investment in and contributions to the
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project from the private sector; and
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(j) annually report and make recommendations to:
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(i) the governor;
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(ii) the Executive Appropriations Committee; and
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(iii) the Economic Development Appropriations Subcommittee.
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(2) The governing authority may:
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(a) in addition to monies received by it from the Legislature, receive contributions from
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any source in the form of money, property, labor, or other things of value for the project;
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(b) subject to any restrictions imposed by the donation, appropriations, or bond
249
authorizations, allocate monies received by it among the research universities, technology
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outreach program, and technology transfer offices to support commercialization and technology
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transfer to the private sector; or
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(c) enter into agreements necessary to obtain private equity investment in the project.
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Section 9.
Section
63-38g-303
is enacted to read:
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63-38g-303. Utah Science Technology and Research Governing Authority
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Advisory Council -- Chair -- Meetings.
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(1) There is created the Utah Science Technology and Research Governing Authority
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Advisory Council consisting of 12 members appointed as follows:
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(a) one member appointed by the director of the Governor's Office of Economic
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Development;
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(b) one member appointed by the Utah Information Technology Association;
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(c) one member appointed by the Utah Nanotechnology Initiative;
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(d) one member appointed by the Economic Development Corporation of Utah;
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(e) one member appointed by the Utah Life Science Association;
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(f) one member appointed by the Salt Lake Area Chamber of Commerce;
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(g) one member appointed by the Provo-Orem Chamber of Commerce;
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(h) one member appointed by the Davis Area Chamber of Commerce;
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(i) one member appointed by the Ogden-Weber Chamber of Commerce;
268
(j) one member appointed by the Cache Chamber of Commerce;
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(k) one member appointed by the St. George Area Chamber of Commerce; and
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(l) one member appointed by the Vernal Chamber of Commerce.
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(2) The governing authority shall consult with the advisory council about the project.
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(3) The advisory council shall select a chair from among its members to serve a
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two-year term.
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(4) The advisory council shall convene whenever the governing authority requests a
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meeting for consultation.
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(5) (a) (i) Members who are not government employees shall receive no compensation
277
or benefits for their services, but may receive per diem and expenses incurred in the
278
performance of the member's official duties at the rates established by the Division of Finance
279
under Sections
63A-3-106
and
63A-3-107
.
280
(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
282
diem, or expenses from their agency for their service may receive per diem and expenses
283
incurred in the performance of their official duties from the committee at the rates established
284
by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
285
(ii) State government officer and employee members may decline to receive per diem
286
and expenses for their service.
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Section 10.
Section
63A-5-204
is amended to read:
288
63A-5-204. Specific powers and duties of director.
289
(1) As used in this section, "capitol hill facilities" and "capitol hill grounds" have the
290
same meaning as provided in Section
63C-9-102
.
291
(2) (a) The director shall:
292
(i) recommend rules to the executive director for the use and management of facilities
293
and grounds owned or occupied by the state for the use of its departments and agencies;
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(ii) supervise and control the allocation of space, in accordance with legislative
295
directive through annual appropriations acts or other specific legislation, to the various
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departments, commissions, institutions, and agencies in all buildings or space owned, leased, or
297
rented by or to the state, except capitol hill facilities and capitol hill grounds and except as
298
otherwise provided by law;
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(iii) comply with the procedures and requirements of Title 63A, Chapter 5, Part 3,
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Division of Facilities Construction and Management Leasing;
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(iv) except as provided in Subsection (2)(b), acquire, as authorized by the Legislature
302
through the appropriations act or other specific legislation, and hold title to, in the name of the
303
division, all real property, buildings, fixtures, or appurtenances owned by the state or any of its
304
agencies;
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(v) adopt and use a common seal, of a form and design determined by the director, and
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of which courts shall take judicial notice;
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(vi) file a description and impression of the seal with the Division of Archives;
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(vii) collect and maintain all deeds, abstracts of title, and all other documents
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evidencing title to or interest in property belonging to the state or any of its departments, except
310
institutions of higher education and the School and Institutional Trust Lands Administration;
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(viii) report all properties acquired by the state, except those acquired by institutions of
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higher education, to the director of the Division of Finance for inclusion in the state's financial
313
records;
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(ix) before charging a rate, fee, or other amount for services provided by the division's
315
internal service fund to an executive branch agency, or to a subscriber of services other than an
316
executive branch agency:
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(A) submit the proposed rates, fees, and cost analysis to the Rate Committee
318
established in Section
63A-1-114
; and
319
(B) obtain the approval of the Legislature as required by Section
63-38-3.5
;
320
(x) conduct a market analysis by July 1, 2005, and periodically thereafter, of proposed
321
rates and fees, which analysis shall include a comparison of the division's rates and fees with
322
the fees of other public or private sector providers where comparable services and rates are
323
reasonably available; and
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(xi) take all other action necessary for carrying out the purposes of this chapter.
325
(b) Legislative approval is not required for acquisitions by the division that cost less
326
than $250,000.
327
(3) (a) The director shall direct or delegate maintenance and operations, preventive
328
maintenance, and facilities inspection programs and activities for any department, commission,
329
institution, or agency, except:
330
(i) the State Capitol Preservation Board; and
331
(ii) state institutions of higher education.
332
(b) The director may choose to delegate responsibility for these functions only when
333
the director determines that:
334
(i) the department or agency has requested the responsibility;
335
(ii) the department or agency has the necessary resources and skills to comply with
336
facility maintenance standards approved by the State Building Board; and
337
(iii) the delegation would result in net cost savings to the state as a whole.
338
(c) The State Capitol Preservation Board and state institutions of higher education are
339
exempt from Division of Facilities Construction and Management oversight.
340
(d) Each state institution of higher education shall comply with the facility
341
maintenance standards approved by the State Building Board.
342
(e) Except for the State Capitol Preservation Board, agencies and institutions that are
343
exempt from division oversight shall annually report their compliance with the facility
344
maintenance standards to the division in the format required by the division.
345
(f) The division shall:
346
(i) prescribe a standard format for reporting compliance with the facility maintenance
347
standards;
348
(ii) report agency and institution compliance or noncompliance with the standards to
349
the Legislature; and
350
(iii) conduct periodic audits of exempt agencies and institutions to ensure that they are
351
complying with the standards.
352
(4) (a) In making any allocations of space under Subsection (2), the director shall:
353
(i) conduct studies to determine the actual needs of each department, commission,
354
institution, or agency; and
355
(ii) comply with the restrictions contained in this Subsection (4).
356
(b) The supervision and control of the legislative area is reserved to the Legislature.
357
(c) The supervision and control of the judicial area is reserved to the judiciary for trial
358
courts only.
359
(d) The director may not supervise or control the allocation of space for entities in the
360
public and higher education systems.
361
(e) The supervision and control of capitol hill facilities and capitol hill grounds is
362
reserved to the State Capitol Preservation Board.
363
(5) The director may:
364
(a) hire or otherwise procure assistance and services, professional, skilled, or
365
otherwise, that are necessary to carry out the director's responsibilities, and may expend funds
366
provided for that purpose either through annual operating budget appropriations or from
367
nonlapsing project funds;
368
(b) sue and be sued in the name of the division; and
369
(c) hold, buy, lease, and acquire by exchange or otherwise, as authorized by the
370
Legislature, whatever real or personal property that is necessary for the discharge of the
371
director's duties.
372
(6) Notwithstanding the provisions of Subsection (2)(a)(iv), the following entities may
373
hold title to any real property, buildings, fixtures, and appurtenances held by them for purposes
374
other than administration that are under their control and management:
375
(a) the Office of Trust Administrator;
376
(b) the Department of Transportation;
377
(c) the Division of Forestry, Fire and State Lands;
378
(d) the Department of Natural Resources;
379
(e) the Utah National Guard;
380
(f) any area vocational center or other institution administered by the State Board of
381
Education; [and]
382
(g) any institution of higher education[.]; and
383
(h) the Utah Science Technology and Research Governing Authority.
384
(7) The director shall ensure that any firm performing testing and inspection work
385
governed by the American Society for Testing Materials Standard E-329 on public buildings
386
under the director's supervision shall:
387
(a) fully comply with the American Society for Testing Materials standard
388
specifications for agencies engaged in the testing and inspection of materials known as ASTM
389
E-329; and
390
(b) carry a minimum of $1,000,000 of errors and omissions insurance.
391
(8) Notwithstanding Subsections (2)(a)(iii) and (iv), the School and Institutional Trust
392
Lands Administration may hold title to any real property, buildings, fixtures, and appurtenances
393
held by it that are under its control.
394
Section 11.
Section
63B-15-101
is enacted to read:
395
CHAPTER 15. 2006 FINANCING AUTHORIZATIONS
396
Part 1. 2006 General Obligation Bonds
397
63B-15-101. Capital facilities bonds -- Utah Science Technology and Research
398
Governing Authority -- Maximum amount -- Projects authorized.
399
(1) (a) The total amount of bonds issued under this section may not exceed
400
$111,100,000.
401
(b) When Utah State University certifies to the commission that the university has
402
obtained reliable commitments, convertible to cash, of $10,000,000 or more in nonstate funds
403
to construct the Bio Innovations Research Institute, and when the chairs of the Legislature's
404
Executive Appropriations Committee have certified that the committee has heard a
405
presentation by the chair of the bonding commission and the Utah Science Technology and
406
Research Governing Authority on the project, the commission may issue and sell general
407
obligation bonds in a total amount not to exceed $40,400,000.
408
(c) When the University of Utah certifies to the commission that the university has
409
obtained reliable commitments, convertible to cash, of $30,000,000 or more in nonstate funds
410
to construct the Neuroscience and Biomedical Technology Research Building, and when the
411
chairs of the Legislature's Executive Appropriations Committee have certified that the
412
committee has heard a presentation by the chair of the bonding commission and the Utah
413
Science Technology and Research Governing Authority on the project, the commission may
414
issue and sell general obligation bonds in a total amount not to exceed $70,700,000.
415
(2) (a) Proceeds from the issuance of bonds shall be provided to the Utah Science
416
Technology and Research Governing Authority to provide funds to pay all or part of the cost of
417
acquiring and constructing the projects listed in this Subsection (2).
418
(b) These costs may include the cost of acquiring easements and rights-of-way,
419
improving sites, and acquiring, constructing, equipping, and furnishing facilities and all
420
structures, roads, parking facilities, utilities, and improvements necessary, incidental, or
421
convenient to the facilities, interest estimated to accrue on these bonds during the period to be
422
covered by construction of the projects plus a period of six months after the end of the
423
construction period, and all related engineering, architectural, and legal fees.
424
(c) For the Utah Science Technology and Research Governing Authority, proceeds
425
shall be provided for the following:
426
------------------------------------------------------------------------------------------------------------------
427
CAPITAL DEVELOPMENT PROJECTS
428
Estimated Operations Amount
429
Project Description and Maintenance Funded
430
-------------------------------------------------------------------------------------------------------------------
431
Bio Innovations Research Institute --
432
Utah State University $0 $40,000,000
433
Neuroscience and Biomedical Technology
434
Research Building -- University of Utah $0 $70,000,000
435
TOTAL CAPITAL DEVELOPMENT PROJECTS $110,000,000
436
-------------------------------------------------------------------------------------------------------------------
437
TOTAL GENERAL OBLIGATION BOND AUTHORIZATION
438
FOR CAPITAL DEVELOPMENT PROJECTS $110,000,000
439
-------------------------------------------------------------------------------------------------------------------
440
(d) The Legislature intends that the Utah Science Technology and Research Governing
441
Authority pay the operations and maintenance costs on the research buildings authorized by
442
this section.
443
(3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
444
constitute a limitation on the amount that may be expended for the projects.
445
(b) The commission, by resolution and in consultation with the Utah Science
446
Technology and Research Governing Authority, may delete the project if the inclusion of that
447
project could be construed to violate state law or federal law or regulation.
448
(4) The Utah Science Technology and Research Governing Authority may enter into
449
agreements related to the project before the receipt of proceeds of bonds issued under this
450
chapter.
451
(5) The commission or the state treasurer may make any statement of intent relating to
452
that reimbursement that is necessary or desirable to comply with federal tax law.
453
(6) The commission may not issue or execute bonds authorized by this section that
454
have a maturity date or dates of more than 20 years after the date of delivery of the bonds.
455
(7) The Utah Science Technology and Research Governing Authority shall contract
456
with the Division of Facilities Construction and Management to oversee construction of the
457
buildings.
458
(8) The Utah Science Technology and Research Governing Authority may not delegate
459
authority over construction of the capitol development projects identified in this section to any
460
entity other than the Division of Facilities Construction and Management.
461
Section 12.
Section
67-22-2 (Effective 07/01/06)
is amended to read:
462
67-22-2 (Effective 07/01/06). Compensation -- Other state officers.
463
(1) The governor shall establish salaries for the following state officers within the
464
following salary ranges fixed by the Legislature:
465
State Officer Salary Range
466
Commissioner of Agriculture and Food $66,800 - $90,600
467
Commissioner of Insurance $66,800 - $90,600
468
Commissioner of the Labor Commission $66,800 - $90,600
469
Director, Alcoholic Beverage Control
470
Commission $66,800 - $90,600
471
Commissioner, Department of
472
Financial Institutions $66,800 - $90,600
473
Members, Board of Pardons and Parole $66,800 - $90,600
474
Executive Director, Department
475
of Commerce $66,800 - $90,600
476
Executive Director, Commission on
477
Criminal and Juvenile Justice $66,800 - $90,600
478
Adjutant General $66,800 - $90,600
479
Chair, Tax Commission $72,400 - $97,600
480
Commissioners, Tax Commission $72,400 - $97,600
481
Executive Director, Department of
482
Community and Culture $72,400 - $97,600
483
Executive Director, Tax Commission $72,400 - $97,600
484
Chair, Public Service Commission $72,400 - $97,600
485
Commissioners, Public Service
486
Commission $72,400 - $97,600
487
Executive Director, Department
488
of Corrections $78,700 - $106,200
489
Commissioner, Department of Public Safety $78,700 - $106,200
490
Executive Director, Department of
491
Natural Resources $78,700 - $106,200
492
Director, Governor's Office of Planning
493
and Budget $78,700 - $106,200
494
Executive Director, Department of
495
Administrative Services $78,700 - $106,200
496
Executive Director, Department of
497
Environmental Quality $78,700 - $106,200
498
Director, Governor's Office
499
of Economic Development $78,700 - $106,200
500
Executive Director, Utah Science
501
Technology and Research
502
Governing Authority $78,700 - $106,200
503
Executive Director, Department of
504
Workforce Services $85,700 - $115,700
505
Executive Director, Department of
506
Health $85,700 - $115,700
507
Executive Director, Department
508
of Human Services $85,700 - $115,700
509
Executive Director, Department
510
of Transportation $85,700 - $115,700
511
Executive Director, Department
512
of Information Technology
513
Services $85,700 - $115,700
514
(2) (a) The Legislature fixes benefits for the state offices outlined in Subsection (1) as
515
follows:
516
(i) the option of participating in a state retirement system established by Title 49, Utah
517
State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered
518
by the State Retirement Office in accordance with the Internal Revenue Code and its
519
accompanying rules and regulations;
520
(ii) health insurance;
521
(iii) dental insurance;
522
(iv) basic life insurance;
523
(v) unemployment compensation;
524
(vi) workers' compensation;
525
(vii) required employer contribution to Social Security;
526
(viii) long-term disability income insurance;
527
(ix) the same additional state-paid life insurance available to other noncareer service
528
employees;
529
(x) the same severance pay available to other noncareer service employees;
530
(xi) the same sick leave, converted sick leave, educational allowances, and holidays
531
granted to Schedule B state employees, and the same annual leave granted to Schedule B state
532
employees with more than ten years of state service;
533
(xii) the option to convert accumulated sick leave to cash or insurance benefits as
534
provided by law or rule upon resignation or retirement according to the same criteria and
535
procedures applied to Schedule B state employees;
536
(xiii) the option to purchase additional life insurance at group insurance rates according
537
to the same criteria and procedures applied to Schedule B state employees; and
538
(xiv) professional memberships if being a member of the professional organization is a
539
requirement of the position.
540
(b) Each department shall pay the cost of additional state-paid life insurance for its
541
executive director from its existing budget.
542
(3) The Legislature fixes the following additional benefits:
543
(a) for the executive director of the State Tax Commission a vehicle for official and
544
personal use;
545
(b) for the executive director of the Department of Transportation a vehicle for official
546
and personal use;
547
(c) for the executive director of the Department of Natural Resources a vehicle for
548
commute and official use;
549
(d) for the Commissioner of Public Safety:
550
(i) an accidental death insurance policy if POST certified; and
551
(ii) a public safety vehicle for official and personal use;
552
(e) for the executive director of the Department of Corrections:
553
(i) an accidental death insurance policy if POST certified; and
554
(ii) a public safety vehicle for official and personal use;
555
(f) for the Adjutant General a vehicle for official and personal use; and
556
(g) for each member of the Board of Pardons and Parole a vehicle for commute and
557
official use.
558
(4) (a) The governor has the discretion to establish a specific salary for each office
559
listed in Subsection (1), and, within that discretion, may provide salary increases within the
560
range fixed by the Legislature.
561
(b) The governor shall apply the same overtime regulations applicable to other FLSA
562
exempt positions.
563
(c) The governor may develop standards and criteria for reviewing the performance of
564
the state officers listed in Subsection (1).
565
(5) Salaries for other Schedule A employees, as defined in Section
67-19-15
, which are
566
not provided for in this chapter, or in Title 67, Chapter 8, Utah Executive and Judicial Salary
567
Act, shall be established as provided in Section
67-19-15
.
568
Section 13. Appropriation.
569
(1) (a) There is appropriated $50,000,000 from the General Fund, for fiscal year 2007
570
only, to the Utah Science Technology and Research Governing Authority to construct a Bio
571
Innovations Research Institute at Utah State University and a Neuroscience and Biomedical
572
Technology Research Building at the University of Utah.
573
(b) The Legislature intends that:
574
(i) notwithstanding Subsections (1)(b)(ii) and (1)(b)(iii), the Utah Science Technology
575
and Research Governing Authority may expend monies to plan and design the Bio Innovations
576
Research Institute and the Neuroscience and Biomedical Technology Research Building before
577
the universities certify that they have obtained the required matching funds;
578
(ii) when Utah State University certifies to the Utah Science Technology and Research
579
Governing Authority that the university has obtained reliable commitments, convertible to
580
cash, of $10,000,000 or more in nonstate funds to construct the Bio Innovations Research
581
Institute, the authority may expend up to $20,000,000 for the construction of the Bio
582
Innovations Research Institute;
583
(iii) when the University of Utah certifies to the Utah Science Technology and
584
Research Governing Authority that the university has obtained reliable commitments,
585
convertible to cash, of $30,000,000 or more in nonstate funds to construct the Neuroscience
586
and Biomedical Technology Research Building, the authority may expend up to $30,000,000
587
for the construction of the Neuroscience and Biomedical Technology Research Building;
588
(iv) the match required by the universities under this Subsection(1)(b) is not in addition
589
to the match required by Section
63B-15-101
;
590
(v) the Utah Science Technology and Research Governing Authority comply with the
591
requirements of Subsection
63B-15-101
(8) in the planning, design, and construction of the
592
capital development projects identified in this section; and
593
(vi) this appropriation is nonlapsing.
594
(2) (a) As an ongoing appropriation subject to future budget constraints, there is
595
appropriated from the General Fund for fiscal year 2006-07, $15,250,000 to the Utah Science
596
Technology and Research Governing Authority to provide funding for the Utah Science
597
Technology and Research Project.
598
(b) The Legislature intends that the authority:
599
(i) use up to $250,000 to fund the authority's administrative costs;
600
(ii) when Utah State University or the University of Utah certify to the authority that
601
one or more research teams have committed to transfer to their institution, allocate up to
602
$11,000,000 to Utah State University and the University of Utah to fund research teams and the
603
commercialization of new technology developed from the work of the research teams
604
according to criteria established by the board under Subsection
63-38g-302
(1)(g); and
605
(iii) use up to $4,000,000 to provide funding for the technology outreach program.
606
(c) The Legislature intends that this appropriation is nonlapsing.
607
(3) (a) As an ongoing appropriation subject to future budget constraints, there is
608
appropriated from the General Fund for fiscal year 2006-07, $4,000,000 to the Utah Science
609
Technology and Research Authority to provide funding for the Utah Science Technology and
610
Research Project.
611
(b) There is appropriated ($1,600,000) from the ongoing General Fund appropriation to
612
Utah State University for fiscal year 2007.
613
(c) There is appropriated ($2,400,000) from the ongoing General Fund appropriation to
614
the University of Utah for fiscal year 2007.
615
(d) The Legislature intends that this appropriation is nonlapsing.
616
Section 14. Effective date.
617
This bill takes effect on July 1, 2006.
618
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