No. 40655 (Repeal): Rule R856-1. Formation and Funding of Utah Science Technology and Research Innovation Teams

(Repeal)

DAR File No.: 40655
Filed: 08/10/2016 04:04:11 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Recent legislation (S.B. 166 from the 2016 General Session) has made the rule inapplicable.

Summary of the rule or change:

This rule is repealed in its entirety due to recent legislation (S.B. 166 (2016)) making it inapplicable.

Statutory or constitutional authorization for this rule:

• Subsection 63M-2-302(h)

Anticipated cost or savings to:

the state budget:

None--The repeal of this rule is a result of S.B. 166 (2016), which made this rule unnecessary. The potential revenue impacts were reviewed as a part of S.B. 166, and the fiscal note attached to that legislation concluded that there was not likely to be a direct, measurable revenue impact.

local governments:

None--The repeal of this rule is a result of S.B. 166 (2016), which made this rule unnecessary. The potential revenue impacts were reviewed as a part of S.B. 166, and the fiscal note attached to that legislation concluded that there was not likely to be a direct, measurable revenue impact.

small businesses:

None--The repeal of this rule is a result of S.B. 166 (2016), which made this rule unnecessary. The potential revenue impacts were reviewed as a part of S.B. 166, and the fiscal note attached to that legislation concluded that there was not likely to be a direct, measurable revenue impact.

persons other than small businesses, businesses, or local governmental entities:

None--The repeal of this rule is a result of S.B. 166 (2016), which made this rule unnecessary. The potential revenue impacts were reviewed as a part of S.B. 166, and the fiscal note attached to that legislation concluded that there was not likely to be a direct, measurable revenue impact.

Compliance costs for affected persons:

None--There are no compliance costs associated with this repeal as it is obsolete and no longer applicable to any persons or entities in its current form.

Comments by the department head on the fiscal impact the rule may have on businesses:

None--The repeal of this rule is a result of S.B. 166 (2016), which made this rule unnecessary. The potential revenue impacts were reviewed as a part of S.B. 166, and the fiscal note attached to that legislation concluded that there was not likely to be a direct, measurable revenue impact.

Ivy Estabrooke, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Science Technology and Research Governing Auth.
Administration
60 E NORTH TEMPLE 3RD FLR
SALT LAKE CITY, UT 84111

Direct questions regarding this rule to:

• Koa Perlac at the above address, by phone at 801-538-8622, by FAX at 801-538-8881, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/03/2016

This rule may become effective on:

10/10/2016

Authorized by:

Ivy Estabrooke, Executive Director

RULE TEXT

R856. Science Technology and Research Governing Authority (Utah), Administration.

[R856-1. Formation and Funding of Utah Science Technology and Research Innovation Teams.

R856-1-1. Authority.

This rule is issued pursuant to Title 63M-2-302(f).

 

R856-1-2. Scope of Rule.

This rule relates to all funds allocated to Utah Science Technology and Research innovation teams by the Utah Science Technology and Research Governing Authority.

 

R856-1-3. Definitions.

(A) "Capital equipment" means an article of non-expendable tangible personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit.

(B) "Core operating support" means telephone administrative support and equipment, consumables, and other recurring support of Utah Science Technology and Research innovation team hire.

(C) "Executive director" means the person appointed by the governing authority under Section 63M-2-301.

(D) "Governing authority" means the Utah Science Technology and Research Governing Authority created in Section 63M-2-301.

(E) "Program budget" means the budget proposed by each Utah Science Technology and Research innovation team and approved by the Utah Science Technology and Research Governing Authority.

(F) "Start-up funds" means Utah Science Technology and Research money allocated to pay for Utah Science Technology and Research innovation team hire's recruiting, moving, capital equipment, laboratory and office space build-out, and other expenses necessary for Utah Science Technology and Research project.

(G) "Utah Science Technology and Research Project" means the buildings and activities described in Title 63M-2 Part 2, Utah Science Technology and Research Project.

(H) "Utah Science Technology and Research innovation team" means the research teams recruited and hired through the Utah Science Technology and Research initiative to conduct science and technology research within the framework set forward by the Utah Science Technology and Research Governing Authority.

(I) "Utah Science Technology and Research innovation team hire" means the researchers recruited and hired directly through the Utah Science Technology and Research initiative to conduct science and technology research within the framework set forward by the Utah Science Technology and Research Governing Authority.

 

R856-1-4. Initial Allocation of Funds to Utah Science Technology and Research Innovation Team.

(A) 10% of program money is released for Utah Science Technology and Research innovation team when initial position is considered necessary and approved for by the governing authority.

(1) Total amount of program money is determined by pro forma program budget approved by the governing authority.

 

R856-1-5. Secondary Allocation of Funds to Utah Science Technology and Research Innovation Team.

(A) The remaining 90% of program money is eligible for release to Utah Science Technology and Research innovation team when a memorandum of understanding of first team hire is presented to the governing authority and the detailed program budget is deemed to be within the guidelines of the governing authority.

(B) Utah Science Technology and Research innovation team hire and the appropriate university representatives such as department head, dean, provost, or vice president for research will agree upon and enter into a memorandum of understanding detailing:

(1) capital equipment and other start-up requirements;

(2) salary and benefits requirements;

(3) core operating support requirements;

(4) how the expected Utah Science Technology and Research innovation team will be organized;

(5) Utah Science Technology and Research innovation team requirements and expectations;

(6) other points important to Utah Science Technology and Research innovation team hire and university.

 

R856-1-6. Ongoing Funding for Utah Science Technology and Research Innovation Team.

(A) Innovation team funding will have non-lapsing status based on the previous years funding, until:

(1) the governing authority cancels the Utah Science Technology and Research innovation team; or

(2) the governing authority approves a motion to reduce innovation team budget; or

(3) program changes are mutually proposed by the authorized university representative and the executive director and approved by the governing authority.

 

R856-1-7. Unused Funds for Utah Science Technology and Research Innovation Team.

(A) Utah Science Technology and Research innovation team funds allocated as start-up funds according to memorandum of understanding will have non-lapsing status between fiscal years for the first 3 fiscal years based on the date of the memorandum of understanding.

(1) Start-up funds unused after the first 3 fiscal years will revert back to the Utah Science Technology and Research General Fund.

(B) Core operating support and salary and benefit funds unused by the end of the fiscal year will have a threshold 10% automatic carry over into the subsequent fiscal year.

(1) Institutions may request carry forward of the unused funds over the 10% threshold subject to executive director approval.

 

KEY: USTAR, technology funding, research funding

Date of Enactment or Last Substantive Amendment: July 31, 2012

Authorizing, and Implemented or Interpreted Law: 63M-2-302(f)]

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