Utah Code 63A-5b-1101. Gifts, grants, and donations
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(1)
Terms Used In Utah Code 63A-5b-1101
- Agency: means a board, commission, institution, department, division, officer, council, office, committee, bureau, or other administrative unit of the state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, the Legislature, the courts, or the governor, but does not mean a political subdivision of the state, or any administrative unit of a political subdivision of the state. See Utah Code 63A-1-103
- 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 :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See 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
(1)(a) The state or the division may receive a gift, grant, or donation to further the purposes of this part.(1)(b) A gift, grant, or donation described in Subsection (1)(a) may not revert to the General Fund.
(2)
(2)(a) This Subsection (2) applies if:
(2)(a)(i) a donor donates land to an institution of higher education and commits to construct a building or buildings on the land; and
(2)(a)(ii) the institution of higher education:
(2)(a)(ii)(A) agrees to provide funds for the operation and maintenance costs of the building or buildings from sources other than state funds; and
(2)(a)(ii)(B) agrees that the building or buildings will not be eligible for state capital improvement funding.
(2)(b) Notwithstanding any other provision of this chapter, an institution of higher education that receives a donation described in Subsection (2)(a) may:
(2)(b)(i) oversee and manage a construction project on the donated land without involvement, oversight, or management from the division; or
(2)(b)(ii) arrange for oversight and management of the construction project by the division.
(2)(c) The role of compliance agency on a construction project on the donated land shall be provided by:
(2)(c)(i) the institution of higher education, for a construction project that the institution of higher education oversees and manages under Subsection (2)(b); or
(2)(c)(ii) the director, for a construction project that the division oversees and manages under Subsection (2)(b)(ii).