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Terms Used In Utah Code 63A-5b-910

  • 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
  • Division: means the Division of Facilities Construction and Management created in Section 63A-5b-301. See Utah Code 63A-5b-102
  • Division-owned property: means real property, including an interest in real property, to which the division holds title, regardless of who occupies or uses the real property. See Utah Code 63A-5b-901
  • 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
  • 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
  • State agency: means a department, division, office, entity, agency, or other unit of state government. See Utah Code 63A-5b-901
  • Transfer of ownership: includes a transfer of the ownership of vacant division-owned property that occurs as part of an exchange of the vacant division-owned property for another property. See Utah Code 63A-5b-901
  • Vacant division-owned property: means division-owned property that:
         (12)(a) a primary state agency is not occupying or using; and
         (12)(b) the director has determined should be made available for:
              (12)(b)(i) use or occupancy by a primary state agency; or
              (12)(b)(ii) a transfer of ownership or lease to a secondary state agency, local government entity, public purpose nonprofit entity, or private party. See Utah Code 63A-5b-901
     (1)(a) Except as provided in Section 26B-1-331, the division shall pay into the state treasury the money received from the transfer of ownership or lease of vacant division-owned property.
     (1)(b) Money paid into the state treasury under Subsection (1)(a):

          (1)(b)(i) becomes a part of the funds provided by law for carrying out the building program of the state; and
          (1)(b)(ii) is appropriated for the purpose described in Subsection (1)(b)(i).
(2) Except as described in Subsection 63A-5b-407(7), the proceeds from the transfer of ownership or lease of vacant division-owned property belonging to or used by a particular state agency shall, to the extent practicable, be expended for the construction of buildings or in the performance of other work for the benefit of that state agency.