Utah Code 63A-5b-303. Duties and authority of division
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(1)
Terms Used In Utah Code 63A-5b-303
- 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
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Capitol hill: means the same as that term is defined in Section
63O-1-101 . 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 - Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Institution of higher education: means an institution listed in Subsection
53B-2-101 (1). See Utah Code 63A-5b-102 - Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: includes :(31)(a) land;(31)(b) a tenement;(31)(c) a hereditament;(31)(d) a water right;(31)(e) a possessory right; and(31)(f) a claim. See Utah Code 68-3-12.5
- 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
- Statute: A law passed by a legislature.
- Trust lands administration: means the School and Institutional Trust Lands Administration established in Section
53C-1-201 . See Utah Code 63A-5b-102 - Utah Board of Higher Education: means the Utah Board of Higher Education established in Section
53B-1-402 . See Utah Code 63A-5b-102
(1)(a) The division shall:
(1)(a)(i) subject to Subsection (1)(b), supervise and control the allocation of space, in accordance with legislative directive through annual appropriations acts, other legislation, or statute, to agencies in all buildings or space owned, leased, or rented by or to the state, except as provided in Subsection (3) or as otherwise provided by statute;
(1)(a)(ii) assure the efficient use of all building space under the division’s supervision and control;
(1)(a)(iii) acquire title to all real property, buildings, fixtures, and appurtenances for use by the state or an agency, as authorized by the Legislature through an appropriation act, other legislation, or statute, subject to Subsection (1)(c);
(1)(a)(iv) except as otherwise provided by statute, hold title to all real property, buildings, fixtures, and appurtenances owned by the state or an agency;
(1)(a)(v) collect and maintain all deeds, abstracts of title, and all other documents evidencing title to or an interest in property belonging to the state or to the state’s departments, except institutions of higher education and the trust lands administration;
(1)(a)(vi)
(1)(a)(vi)(A) periodically conduct a market analysis of proposed rates and fees; and
(1)(a)(vi)(B) include in a market analysis a comparison of the division’s rates and fees with the rates and fees of other public or private sector providers of comparable services, if rates and fees for comparable services are reasonably available;
(1)(a)(vii) fulfill the division’s responsibilities under Part 10, Energy Conservation and Efficiency, including responsibilitiesto implement the state building energy efficiency program under Section 63A-5b-1002 ;
(1)(a)(viii) except as provided in Subsection (2)(c), convey, lease, or dispose of division-owned real property for fair market value, as determined by the division;
(1)(a)(ix) administer grants from the Olympic and Paralympic Venues Grant Fund created in Section 63G-28-302 and provide reports to the Olympic and Paralympic Winter Games Coordination Committee as provided in Section 63G-28-202 and Section 63G-28-204 ; and
(1)(a)(x) take all other action that the division is required to do under this chapter or other applicable statute.
(1)(b) In making an allocation of space under Subsection (1)(a)(i), the division shall conduct one or more studies to determine the actual needs of each agency.
(1)(c) The division may, without legislative approval, acquire title to real property for use by the state or an agency if:
(1)(c)(i) the acquisition cost does not exceed $500,000, as estimated by the division; or
(1)(c)(ii) the real property is part or all of the consideration received in exchange for division-owned real property conveyed, leased, or disposed of under Subsection (1)(a)(viii).
(2) The division may:
(2)(a) sue and be sued;
(2)(b) as authorized by the Legislature, buy, lease, or otherwise acquire, by exchange or otherwise, and hold real or personal property necessary for the discharge of the division’s duties;
(2)(c) convey, lease, or dispose of vacant division-owned real property for less than fair market value, subject to the requirements of Part 9, Disposal of Division-owned Real Property; and
(2)(d) take all other action necessary for carrying out the purposes of this chapter.
(3)
(3)(a) The division may not supervise or control the allocation of space for an entity in the public education system.
(3)(b) The division may not supervise or control capitol hill or any part of capitol hill.
(3)(c)
(3)(c)(i) Subject to Subsection (3)(c)(ii), the supervision and control of the allocation of space for an institution of higher education is reserved to the Utah Board of Higher Education.
(3)(c)(ii) The Utah Board of Higher Education shall consult and cooperate with the division in the establishment and enforcement of standards for the supervision and control of the allocation of space for an institution of higher education.
(3)(d)
(3)(d)(i) Subject to Subsection (3)(d)(ii), the supervision and control of the allocation of space for the courts of record listed in Subsection 78A-1-101 (1) is reserved to the Administrative Office of the Courts described in Section 78A-2-108 .
(3)(d)(ii) The Administrative Office of the Courts shall consult and cooperate with the division in the establishment and enforcement of standards for the supervision and control of the allocation of space for the courts of record listed in Subsection 78A-1-101 (1).
(4) Before the division charges a rate, fee, or other amount for a service provided by the division’s internal service fund to an executive branch agency, or to a service subscriber other than an executive branch agency, the division shall:
(4)(a) submit an analysis of the proposed rate, fee, or other amount to the rate committee created in Section 63A-1-114 ; and
(4)(b) obtain the approval of the Legislature as required by Section 63J-1-410 or 63J-1-504 .