63B-1a-101 - Definitions -- Bonds authorized -- Prohibitions -- Purposes -- Maturity -- Use of bonds proceeds. - Utah Statutes

63B-1a-101. Definitions -- Bonds authorized -- Prohibitions -- Purposes -- Maturity-- Use of bonds proceeds.
(1) As used in this section:
(a) "Cost" includes:
(i) all costs related to the authorized capital project, including the cost of equipment andfurnishings for, interests in, or improvements necessary, incidental, or convenient to, thosecapital projects;
(ii) all costs incident to the authorization and issuance of bonds;
(iii) interest estimated to accrue on bonds during the period to be covered by theacquisition and construction of the capital project and for up to 12 months after that period; and
(iv) other amounts that the commission finds necessary to establish reserve funds and toprovide working capital related to the capital project.
(b) "Taxable property of the state" includes all real and personal property subject to advalorem taxation within the state, including all property subject to a fee-in lieu of tax.
(2) When authorized by the Legislature, the commission may, in the manner specified inthis chapter, issue bonds to provide funds to the state for the purpose of paying all or part of thecost of:
(a) designing, acquiring, constructing, improving, or extending:
(i) any one or more capital projects; or
(ii) any interest in one or more or any combination of capital projects; or
(b) purchasing a land sale contract, or an interest in a land sale contract, under Section63M-1-303.
(3) Before issuing any bonds, the commission shall determine that the Legislature has:
(a) affirmatively authorized the issuance of the bonds; and
(b) has specified:
(i) for capital projects, the capital projects to be funded; and
(ii) the maximum amount of the bonds.
(4) The commission shall either:
(a) comply with any maturity requirements established by the Legislature; or
(b) in the absence of any maturity requirements, establish, by resolution, a bond maturitydate or dates that are not later than 15 years after the date of delivery of the bonds.
(5) (a) The commission may not issue bonds under this chapter in an amount that violatesthe limitation described in the Utah Constitution Article XIV, Section 1 or payable beyond theperiod described in the Utah Constitution Article XIII, Section 5(3).
(b) For purposes of applying the debt limitation contained in the Utah ConstitutionArticle XIV, Section 1, the value of the taxable property in Utah is considered to be 100% of thefair market value of the taxable property of the state as computed from the last assessment forstate purposes made before the issuance of the bonds.

Amended by Chapter 378, 2008 General Session