1. (1)

   1. (a) The state or the division may receive a gift, grant, or donation to further the purposes of this part.
   2. (b) A gift, grant, or donation described in Subsection (1)(a) may not revert to the General Fund.

2. (2)

   1. (a) This Subsection (2) applies if:

      1. (i) a donor donates land to an institution of higher education and commits to construct a building or buildings on the land; and

      2. (ii) the institution of higher education:

         1. (A) agrees to provide funds for the operation and maintenance costs of the building or buildings from sources other than state funds; and
         2. (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:

      1. (i) oversee and manage a construction project on the donated land without involvement, oversight, or management from the division; or
      2. (ii) arrange for oversight and management of the construction project by the division.

   3. (c) The role of compliance agency on a construction project on the donated land shall be provided by:

      1. (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. (ii) the director, for a construction project that the division oversees and manages under Subsection (2)(b)(ii).

Enacted by Chapter 152, 2020 General Session