63A-5b-1101. Gifts, grants, and donations.
| (1) |
Terms Used In Utah Code 63A-5b-1101- Compliance agency: means the same as that term is defined in Section 15A-1-202. See Utah Code 63A-5b-102
- Director: means the division director, appointed under Section 63A-5b-302. See Utah Code 63A-5b-102
- Division: means the Division of Facilities Construction and Management created in Section 63A-5b-301. See Utah Code 63A-5b-102
- Donor: The person who makes a gift.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Institution of higher education: means an institution listed in Subsection 53B-2-101(1). See Utah Code 63A-5b-102
- Land: includes :Utah Code 68-3-12.5
- Oversight: Committee review of the activities of a Federal agency or program.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
The state or the division may receive a gift, grant, or donation to further the purposes of this part. |
| (b) |
A gift, grant, or donation described in Subsection (1)(a) may not revert to the General Fund. |
|
| (2) |
| (a) |
This Subsection (2) applies if:
| (i) |
a donor donates land to an institution of higher education and commits to construct a building or buildings on the land; and |
| (ii) |
the institution of higher education:
| (A) |
agrees to provide funds for the operation and maintenance costs of the building or buildings from sources other than state funds; and |
| (B) |
agrees that the building or buildings will not be eligible for state capital improvement funding. |
|
|
| (b) |
Notwithstanding any other provision of this chapter, an institution of higher education that receives a donation described in Subsection (2)(a) may:
| (i) |
oversee and manage a construction project on the donated land without involvement, oversight, or management from the division; or |
| (ii) |
arrange for oversight and management of the construction project by the division. |
|
| (c) |
The role of compliance agency on a construction project on the donated land shall be provided by:
| (i) |
the institution of higher education, for a construction project that the institution of higher education oversees and manages under Subsection (2)(b); or |
| (ii) |
the director, for a construction project that the division oversees and manages under Subsection (2)(b)(ii). |
|
|
Enacted by Chapter 152, 2020 General Session
