reglab/housing_qa huggingface dataset:
UT Code § 63A-5b-802 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 5b - Administration of State Facilities|Part 8 - Acquisitions of Real Property Interests|Section 802 - Leasing responsibilities of the director.

 Effective 5/12/2020  63A-5b-802. Leasing responsibilities of the director.    (1) The director shall:   (a) prepare and submit a yearly request to the governor and Legislature for a designated amount of square footage by type of space to be leased by the division for that fiscal year;     (b) lease, in the name of the division, all real property space to be occupied by a leasing agency;     (c) in leasing space:   (i) use a process consistent with the best interest of the state, the requirements of the leasing agency, and the anticipated use of the property; and     (ii) comply with any legislative mandates contained in the appropriations act or other legislation;       (d) apply the criteria contained in Subsection (1)(f) to prepare a report evaluating each high-cost lease at least 12 months before the lease expires;     (e) evaluate each lease under the division's control and apply the criteria contained in Subsection (1)(f), as applicable, to evaluate the lease;     (f) in evaluating leases:   (i) determine whether the lease is cost-effective when the needs of the leasing agency to be housed in the leased facilities are considered;     (ii) determine whether another option such as construction, use of other state-owned space, or a lease-purchase agreement is more cost-effective than leasing;     (iii) determine whether the significant lease terms are cost-effective and provide the state with sufficient flexibility and protection from liability;     (iv) compare the proposed lease payments to the current market rates, and evaluate whether the proposed lease payments are reasonable under current market conditions;     (v) compare proposed significant lease terms to the current market, and recommend whether these proposed terms are reasonable under current market conditions; and     (vi) if applicable, recommend that the lease or modification to a lease be approved or disapproved;       (g) based upon the evaluation, include in the report recommendations that identify viable alternatives to:   (i) make the lease cost-effective; or     (ii) meet the leasing agency's needs when the lease expires; and       (h) upon request, provide the information included in the report to:   (i) the leasing agency benefitted by the lease; and     (ii) the Office of the Legislative Fiscal Analyst.         (2) The director may:   (a) subject to legislative appropriation, enter into a facility lease with a term of up to 10 years if the length of the lease's term is economically advantageous to the state; and     (b) with the approval of the board and subject to legislative appropriation, enter into a facility lease with a term of more than 10 years if the length of the lease's term is economically advantageous to the state.      Renumbered and Amended by Chapter 152, 2020 General Session
UT Code § 63A-5b-803 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 5b - Administration of State Facilities|Part 8 - Acquisitions of Real Property Interests|Section 803 - Reporting of leasing activity.

 Effective 7/1/2020  63A-5b-803. Reporting of leasing activity.    (1) The director shall:   (a) prepare a standard form upon which a leasing agency and another state institution or entity can report the current and proposed lease activity of the leasing agency, institution, or entity, including any lease renewal; and     (b) develop procedures and mechanisms within the division to:   (i) obtain and share information about each leasing agency's real property needs; and     (ii) provide oversight and review of lessors and lessees during the term of each lease.         (2) Each leasing agency, the Judicial Council, and the board of trustees for each institution of higher education, shall report all current and proposed lease activity on the standard form prepared by the division to:   (a) the division; and     (b) the Office of the Legislative Fiscal Analyst.      Amended by Chapter 365, 2020 General Session
UT Code § 63A-5b-804 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 5b - Administration of State Facilities|Part 8 - Acquisitions of Real Property Interests|Section 804 - Leasing by the Administrative Office of the Courts -- Judicial Council approval required for high-cost lease -- Director's responsibilities.

 Effective 5/12/2020  63A-5b-804. Leasing by the Administrative Office of the Courts -- Judicial Council approval required for high-cost lease -- Director's responsibilities.    (1) Before executing a high-cost lease or a modification to a lease that results in a high-cost lease, the Administrative Office of the Courts shall submit a draft of the new lease or modification to:   (a) the Judicial Council; and     (b) the director.       (2) The director shall:   (a) review the draft submitted by the Administrative Office of the Courts; and     (b) within 30 days after receiving the draft, submit a report on the draft to:   (i) the Judicial Council; and     (ii) the Office of the Legislative Fiscal Analyst.         (3) A report under Subsection (2)(b) shall contain:   (a) the director's opinion about:   (i) whether the lease or modification is cost-effective when the needs of the entity to be housed in the leased facility are considered;     (ii) whether another option such as construction, use of other state-owned space, or a lease-purchase agreement is more cost-effective than leasing; and     (iii) whether the significant lease terms are cost-effective and provide the state with sufficient flexibility and protection from liability;       (b) a comparison of the proposed lease payments to the current market rates, and a recommendation as to whether the proposed lease payments are reasonable under current market conditions;     (c) a comparison of proposed significant lease terms to the current market, and a recommendation as to whether the proposed terms are reasonable under current market conditions; and     (d) a recommendation from the director that the lease or modification to a lease be approved or disapproved.       (4)   (a) The Administrative Office of the Courts may not execute a new high-cost lease or modification to an existing lease that will result in a high-cost lease unless the lease or modification is approved by a majority vote of the Judicial Council.     (b) The Judicial Council shall consider the recommendations of the director in determining whether to approve a high-cost lease or modification resulting in a high-cost lease.      Renumbered and Amended by Chapter 152, 2020 General Session
UT Code § 63A-5b-805 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 5b - Administration of State Facilities|Part 8 - Acquisitions of Real Property Interests|Section 805 - Leasing by higher education institutions.

 Effective 7/1/2020  63A-5b-805. Leasing by higher education institutions.    (1) The Utah Board of Higher Education shall establish written policies and procedures governing leasing by an institution of higher education.     (2) Except as provided in Section 53B-2a-113, an institution of higher education shall comply with the procedures and requirements of the Utah Board of Higher Education policies before signing or renewing a lease.    Renumbered and Amended by Chapter 152, 2020 General SessionAmended by Chapter 360, 2020 General SessionAmended by Chapter 365, 2020 General Session
UT Code § 63A-5b-806 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 5b - Administration of State Facilities|Part 8 - Acquisitions of Real Property Interests|Section 806 - Division rules on the value of property bought or exchanged -- Exception.

 Effective 5/12/2020  63A-5b-806. Division rules on the value of property bought or exchanged -- Exception.    (1) The division shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to ensure that, if the division buys or exchanges real property, the value of the real property is congruent with the proposed price and other terms of the purchase or exchange.     (2) The rules:   (a) shall establish procedures for determining the value of the real property;     (b) may provide that an appraisal, as defined in Section 61-2g-102, demonstrates the real property's value; and     (c) may require that the appraisal be completed by a state-certified general appraiser, as defined in Section 61-2g-102.       (3) The rules adopted under Subsection (1) do not apply to the purchase or exchange of real property, or an interest in real property, with a value of less than $250,000, as estimated by the division.    Renumbered and Amended by Chapter 152, 2020 General Session
UT Code § 63A-5b-902 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 5b - Administration of State Facilities|Part 9 - Disposal of Division-owned Property|Section 902 - Application of part.

 Effective 5/12/2020  63A-5b-902. Application of part.    (1) The provisions of this part, other than this section, do not apply to:   (a) a conveyance, lease, or disposal under Subsection 63A-5b-303(1)(a)(ix); or     (b) the division's disposal or lease of division-owned property with a value under $250,000, as estimated by the division.       (2) Nothing in Subsection (1)(b) may be construed to diminish or eliminate the division's responsibility to manage division-owned property in the best interests of the state.    Renumbered and Amended by Chapter 152, 2020 General Session
UT Code § 63A-5b-903 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 5b - Administration of State Facilities|Part 9 - Disposal of Division-owned Property|Section 903 - Rules adopted by the division.

 Effective 5/12/2020  63A-5b-903. Rules adopted by the division.  The division may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to:  (1) establish criteria that a written proposal is required to satisfy in order to be a qualified proposal, including, if applicable, a minimum acceptable purchase price; and     (2) define criteria that the director will consider in making a determination whether a proposed use or occupancy, transfer of ownership, or lease of vacant division-owned property provides a material benefit to the state.    Renumbered and Amended by Chapter 152, 2020 General Session
UT Code § 63A-5b-904 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 5b - Administration of State Facilities|Part 9 - Disposal of Division-owned Property|Section 904 - Division authority with respect to vacant division-owned property -- Limitations.

 Effective 5/12/2020  63A-5b-904. Division authority with respect to vacant division-owned property -- Limitations.    (1) Subject to Section 63A-5b-909, the division may, as provided in this part:   (a) provide for a primary state agency's occupancy or use of vacant division-owned property;     (b) effect a transfer of ownership or lease of vacant division-owned property to a secondary state agency, local government entity, public purpose nonprofit entity, or private party; or     (c) refer vacant division-owned property to the Department of Transportation for sale by auction, as provided in Section 63A-5b-908.       (2) The division may not effect a transfer of ownership or lease of vacant division-owned property without receiving fair market value in return unless:   (a) the director determines that the transfer of ownership or lease is in the best interests of the state;     (b) for a proposed transfer of ownership or lease to a local government entity, public purpose nonprofit entity, or private party, the director determines that the local government entity, public purpose nonprofit entity, or private party intends to use the property to fulfill a public purpose;     (c) the director requests and receives a recommendation on the proposed transfer of ownership or lease from the Legislative Executive Appropriations Committee;     (d) the director communicates the Executive Appropriations Committee's recommendation to the executive director; and     (e) the executive director approves the transfer of ownership or lease.       (3)   (a) If the division effects a transfer of ownership of vacant division-owned property without receiving fair market value in return, as provided in this part, the division shall require the documents memorializing the transfer of ownership to preserve to the division:   (i) in the case of a transfer of ownership of vacant division-owned property to a secondary state agency, local government entity, or public purpose nonprofit entity for no or nominal consideration, a right of reversion, providing for the ownership of the property to revert to the division if the property ceases to be used for the public benefit; or     (ii) in the case of any other transfer of ownership of vacant division-owned property, a right of first refusal allowing the division to purchase the property from the transferee for the same price that the transferee paid to the division if the transferee wishes to transfer ownership of the former vacant division-owned property.       (b) Subsection (3)(a) does not apply to the sale of vacant division-owned property at an auction under Section 63A-5b-908.      Renumbered and Amended by Chapter 152, 2020 General Session
UT Code § 63A-5b-905 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 5b - Administration of State Facilities|Part 9 - Disposal of Division-owned Property|Section 905 - Notice required before division may convey division-owned property.

 Effective 7/1/2021  63A-5b-905. Notice required before division may convey division-owned property.    (1) Before the division may convey vacant division-owned property, the division shall give notice as provided in Subsection (2).     (2) A notice required under Subsection (1) shall:   (a) identify and describe the vacant division-owned property;     (b) indicate the availability of the vacant division-owned property;     (c) invite persons interested in the vacant division-owned property to submit a written proposal to the division;     (d) indicate the deadline for submitting a written proposal;     (e) be posted on the division's website for at least 60 consecutive days before the deadline for submitting a written proposal, in a location specifically designated for notices dealing with vacant division-owned property;     (f) be posted on the Utah Public Notice Website created in Section 63A-16-601 for at least 60 consecutive days before the deadline for submitting a written proposal; and     (g) be sent by email to each person who has previously submitted to the division a written request to receive notices under this section.      Amended by Chapter 84, 2021 General SessionAmended by Chapter 345, 2021 General Session
UT Code § 63A-5b-906 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 5b - Administration of State Facilities|Part 9 - Disposal of Division-owned Property|Section 906 - Submitting a written proposal for vacant division-owned property.

 Effective 5/12/2020  63A-5b-906. Submitting a written proposal for vacant division-owned property.    (1) A person may submit to the division a written proposal:   (a) in response to the division's notice under Section 63A-5b-905; or     (b) with respect to vacant division-owned property as to which the division has not given notice under Section 63A-5b-905.       (2) The division is not required to consider a written proposal or provide notice under Section 63A-5b-905 if the director determines that the written proposal is not a qualified proposal.     (3) If a person submits a qualified proposal to the division under Subsection (1)(b):   (a) the division shall:   (i) give notice as provided in Section 63A-5b-905; and     (ii) treat the qualified proposal as though it were submitted in response to the notice; and       (b) the person may, within the time provided for the submission of written proposals, modify the qualified proposal to the extent necessary to address matters raised in the notice that were not addressed in the initial qualified proposal.       (4) A person who fails to submit a qualified proposal to the division within 60 days after the date of the notice under Section 63A-5b-905 may not be considered for the vacant division-owned property.    Renumbered and Amended by Chapter 152, 2020 General Session
UT Code § 63A-5b-907 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 5b - Administration of State Facilities|Part 9 - Disposal of Division-owned Property|Section 907 - Priorities for vacant division-owned property -- Division to convey vacant division-owned property.

 Effective 5/12/2020  63A-5b-907. Priorities for vacant division-owned property -- Division to convey vacant division-owned property.    (1)   (a) A state agency has priority for vacant division-owned property over a local government entity, a public purpose nonprofit entity, and a private party.     (b) A local government entity and a public purpose nonprofit entity have:   (i) priority for vacant division-owned property over a private party; and     (ii) between them the same priority for vacant division-owned property.         (2) If the division receives multiple timely qualified proposals from applicants with the highest and same priority, the division shall:   (a) notify the board of:   (i) the availability of the vacant division-owned property; and     (ii) the applicants with the highest and same priority that have submitted qualified proposals; and       (b) provide the board with a copy of the timely qualified proposals submitted by the applicants with the highest and same priority.       (3) Within 30 days after being notified under Subsection (2), the board shall:   (a) determine which applicant's qualified proposal is most likely to result in the highest and best public benefit; and     (b) notify the division of the board's decision under Subsection (3)(a).       (4) The division shall convey the vacant division-owned property to:   (a) the applicant with the highest priority under Subsection (1), if the division receives a timely qualified proposal from a single applicant with the highest priority; or     (b) the applicant whose qualified proposal was determined by the board under Subsection (3) to be most likely to result in the highest and best public benefit, if the division receives multiple timely qualified proposals from applicants with the highest and same priority.       (5)   (a) If the division leases vacant division-owned property to a private party, the division shall, within 30 days after a lease agreement is executed, provide written notice of the lease to:   (i) the municipality in which the vacant division-owned property is located, if the vacant division-owned property is within a municipality; or     (ii) the county in whose unincorporated area the vacant division-owned property is located, if the vacant division-owned property is not located within a municipality.       (b) Nothing in this chapter may be used by a private party leasing division-owned property as a basis for not complying with applicable local land use ordinances and regulations.      Renumbered and Amended by Chapter 152, 2020 General Session
UT Code § 63A-5b-908 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 5b - Administration of State Facilities|Part 9 - Disposal of Division-owned Property|Section 908 - Referring vacant division-owned property to the Department of Transportation for auction.

 Effective 5/12/2020  63A-5b-908. Referring vacant division-owned property to the Department of Transportation for auction.    (1) The division may refer vacant division-owned property to the Department of Transportation for a public auction if:   (a)   (i) the division has provided notice under Section 63A-5b-905 with respect to the vacant division-owned property; and     (ii) the division receives no qualified proposals in response to the notice under Section 63A-5b-905;       (b) the director determines that:   (i) there is no reasonable likelihood that within the foreseeable future:   (A) a primary state agency will use or occupy the vacant division-owned property; or     (B) a secondary state agency, local government entity, or public purpose nonprofit entity will seek a transfer of ownership or lease of the vacant division-owned property; and       (ii) disposing of the vacant division-owned property through a public auction is in the best interests of the state;       (c) the director requests and receives a recommendation on the proposed public auction from the Legislative Executive Appropriations Committee;     (d) the director communicates the Executive Appropriations Committee's recommendation to the executive director; and     (e) the executive director approves the public auction.       (2) If the division refers a vacant division-owned property to the Department of Transportation for public auction, the Department of Transportation shall publicly auction the vacant division-owned property under the same law and in the same manner that apply to a public auction of Department of Transportation property.     (3) At a public auction conducted under Subsection (2), the Department of Transportation may, on behalf of the division, accept an offer to purchase the vacant division-owned property.     (4) The division and the Department of Transportation shall coordinate together to:   (a) manage the details of finalizing any sale of the vacant division-owned property at public auction; and     (b) ensure that the buyer acquires proper title and that the division receives the net proceeds of the sale.       (5) If a public auction under this section does not result in a sale of the vacant division-owned property, the Department of Transportation shall notify the division and refer the vacant division-owned property back to the division.    Renumbered and Amended by Chapter 152, 2020 General Session
UT Code § 63A-5b-909 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 5b - Administration of State Facilities|Part 9 - Disposal of Division-owned Property|Section 909 - State real property subject to right of first refusal.

 Effective 5/12/2020  63A-5b-909. State real property subject to right of first refusal.    (1)   (a) If Section 78B-6-520.3 applies to vacant division-owned property, the division shall comply with Subsection 78B-6-520.3(3).     (b) If a condemnee accepts the division's offer to sell the vacant division-owned property as provided in Section 78B-6-520.3, the division shall:   (i) comply with the requirements of Section 78B-6-520.3; and     (ii) terminate any process under this chapter to convey the vacant division-owned property.       (c) A condemnee may waive rights and benefits afforded under Section 78B-6-520.3 and instead seek a transfer of ownership or lease of vacant division-owned property under the provisions of this chapter in the same manner as any other person not entitled to the rights and benefits of Section 78B-6-520.3.       (2)   (a) If Section 78B-6-521 applies to the anticipated disposal of the vacant division-owned property, the division shall comply with the limitations and requirements of Subsection 78B-6-521(2).     (b) If the original grantor or the original grantor's assignee accepts an offer for sale as provided in Subsection 78B-6-521(2)(a)(i), the division shall:   (i) sell the vacant division-owned property to the original grantor or the original grantor's assignee, as provided in Section 78B-6-521; and     (ii) terminate any process under this chapter to convey the vacant division-owned property.       (c) An original grantor or the original grantor's assignee may waive rights afforded under Section 78B-6-521 and instead seek a transfer of ownership or lease of vacant division-owned property under the provisions of this chapter in the same manner as any other person seeking a transfer of ownership or lease of vacant division-owned property to which Section 78B-6-521 does not apply.      Renumbered and Amended by Chapter 152, 2020 General Session