H.B. 430

1

DESIGNATION OF SECOND DISTRICT
2 STATE COURT BUILDING
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Neil A. Hansen
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill designates the Second District State Court Building as the M. Blain Peterson
11 Courthouse.
12 Highlighted Provisions:
13 This bill:
14 . requires the state building board to name the Second District Court Building the M.
15 Blain Peterson Courthouse.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 63C-9-301, as last amended by Laws of Utah 2007, Chapter 322
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 63C-9-301 is amended to read:
26 63C-9-301. Board powers -- Subcommittees.
27 (1) The board shall:

28 (a) except as provided in Subsection (2), exercise complete jurisdiction and
29 stewardship over capitol hill facilities, capitol hill grounds, and the capitol hill complex;
30 (b) preserve, maintain, and restore the capitol hill complex, capitol hill facilities,
31 capitol hill grounds, and their contents;
32 (c) before October 1 of each year, review and approve the executive director's annual
33 budget request for submittal to the governor and Legislature;
34 (d) by October 1 of each year, prepare and submit a recommended budget request for
35 the upcoming fiscal year for the capitol hill complex to:
36 (i) the governor, through the Governor's Office of Planning and Budget; and
37 (ii) the Legislature's appropriations subcommittee responsible for capitol hill facilities,
38 through the Office of Legislative Fiscal Analyst;
39 (e) review and approve the executive director's:
40 (i) annual work plan;
41 (ii) long-range master plan for the capitol hill complex, capitol hill facilities, and
42 capitol hill grounds; and
43 (iii) furnishings plan for placement and care of objects under the care of the board;
44 (f) approve all changes to the buildings and their grounds, including:
45 (i) restoration, remodeling, and rehabilitation projects;
46 (ii) usual maintenance program; and
47 (iii) any transfers or loans of objects under the board's care;
48 (g) define and identify all significant aspects of the capitol hill complex, capitol hill
49 facilities, and capitol hill grounds, after consultation with the:
50 (i) Division of Facilities Construction and Management;
51 (ii) State Library Division;
52 (iii) Division of Archives and Records Service;
53 (iv) Division of State History;
54 (v) Office of Museum Services; and
55 (vi) Arts Council;
56 (h) inventory, define, and identify all significant contents of the buildings and all
57 state-owned items of historical significance that were at one time in the buildings, after
58 consultation with the:

59 (i) Division of Facilities Construction and Management;
60 (ii) State Library Division;
61 (iii) Division of Archives and Records Service;
62 (iv) Division of State History;
63 (v) Office of Museum Services; and
64 (vi) Arts Council;
65 (i) maintain archives relating to the construction and development of the buildings, the
66 contents of the buildings and their grounds, including documents such as plans, specifications,
67 photographs, purchase orders, and other related documents, the original copies of which shall
68 be maintained by the Division of Archives and Records Service;
69 (j) comply with federal and state laws related to program and facility accessibility; and
70 (k) establish procedures for receiving, hearing, and deciding complaints or other issues
71 raised about the capitol hill complex, capitol hill facilities, and capitol hill grounds, or their
72 use.
73 (2) Notwithstanding Subsection (1)(a), the supervision and control of the legislative
74 area, as defined in Section 36-5-1 , is reserved to the Legislature.
75 (3) (a) The board shall make rules to govern, administer, and regulate the capitol hill
76 complex, capitol hill facilities, and capitol hill grounds by following the procedures and
77 requirements of Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
78 (b) A person who violates a rule adopted by the board under the authority of this
79 Subsection (3) is subject to a civil penalty not to exceed $2,500 for each violation, plus the
80 amount of any actual damages, expenses, and costs related to the violation of the rule that are
81 incurred by the state.
82 (c) The board may take any other legal action allowed by law.
83 (d) If any violation of a rule adopted by the board is also an offense under Title 76,
84 Utah Criminal Code, the violation is subject to the civil penalty, damages, expenses, and costs
85 allowed under this Subsection (3) in addition to any criminal prosecution.
86 (e) The board may not apply this section or rules adopted under the authority of this
87 section in a manner that violates a person's rights under the Utah Constitution or the First
88 Amendment to the United States Constitution, including the right of persons to peaceably
89 assemble.

90 (f) The board shall send proposed rules under this section to the legislative general
91 counsel and the governor's general counsel for review and comment before the board adopts the
92 rules.
93 (4) The board is exempt from the requirements of Title 63, Chapter 56, Utah
94 Procurement Code, but shall adopt procurement rules substantially similar to the requirements
95 of that chapter.
96 (5) The board shall name the Second District Court Building the M. Blain Peterson
97 Courthouse.
98 [(5)] (6) (a) The board may:
99 (i) establish subcommittees made up of board members and members of the public to
100 assist and support the executive director in accomplishing the executive director's duties;
101 (ii) establish fees for the use of capitol hill facilities and capitol hill grounds;
102 (iii) assign and allocate specific duties and responsibilities to any other state agency, if
103 the other agency agrees to perform the duty or accept the responsibility;
104 (iv) contract with another state agency to provide services;
105 (v) delegate by specific motion of the board any authority granted to it by this section
106 to the executive director;
107 (vi) in conjunction with Salt Lake City, expend monies to improve or maintain public
108 property contiguous to East Capitol Boulevard and capitol hill;
109 (vii) provide wireless Internet service to the public without a fee in any capitol hill
110 facility; and
111 (viii) when necessary, consult with the:
112 (A) Division of Facilities Construction and Management;
113 (B) State Library Division;
114 (C) Division of Archives and Records Service;
115 (D) Division of State History;
116 (E) Office of Museum Services; and
117 (F) Arts Council.
118 (b) The board's provision of wireless Internet service under Subsection [(5)] (6)(a)(vii)
119 shall be discontinued in the legislative area if the president of the Senate and the speaker of the
120 House of Representatives each submit a signed letter to the board indicating that the service is

121 disruptive to the legislative process and is to be discontinued.
122 (c) If a budget subcommittee is established by the board, the following shall serve as ex
123 officio, nonvoting members of the budget subcommittee:
124 (i) the legislative fiscal analyst, or the analyst's designee, who shall be from the Office
125 of Legislative Fiscal Analyst; and
126 (ii) the director of the Governor's Office of Planning and Budget, or the director's
127 designee, who shall be from the Governor's Office of Planning and Budget.
128 (d) If a preservation and maintenance subcommittee is established by the board, the
129 board may, by majority vote, appoint one or each of the following to serve on the
130 subcommittee as voting members of the subcommittee:
131 (i) an architect, who shall be selected from a list of three architects submitted by the
132 American Institute of Architects; or
133 (ii) an engineer, who shall be selected from a list of three engineers submitted by the
134 American Civil Engineers Council.
135 (e) If the board establishes any subcommittees, the board may, by majority vote,
136 appoint up to two people who are not members of the board to serve, at the will of the board, as
137 nonvoting members of a subcommittee.
138 (f) Members of each subcommittee shall, at the first meeting of each calendar year,
139 select one individual to act as chair of the subcommittee for a one-year term.
140 [(6)] (7) (a) The board, and the employees of the board, may not move the office of the
141 governor, lieutenant governor, president of the Senate, speaker of the House of
142 Representatives, or a member of the Legislature from the State Capitol Building unless the
143 removal is approved by:
144 (i) the governor, in the case of the governor's office;
145 (ii) the lieutenant governor, in the case of the lieutenant governor's office;
146 (iii) the president of the Senate, in the case of the president's office or the office of a
147 member of the Senate; or
148 (iv) the speaker of the House of Representatives, in the case of the speaker's office or
149 the office of a member of the House.
150 (b) The board and the employees of the board have no control over the furniture,
151 furnishings, and decorative objects in the offices of the governor, lieutenant governor, or the

152 members of the Legislature except as necessary to inventory or conserve items of historical
153 significance owned by the state.
154 (c) The board and the employees of the board have no control over records and
155 documents produced by or in the custody of a state agency, official, or employee having an
156 office in a building on the capitol hill complex.
157 (d) Except for items identified by the board as having historical significance, and
158 except as provided in Subsection [(6)] (7)(b), the board and the employees of the board have no
159 control over moveable furnishings and equipment in the custody of a state agency, official, or
160 employee having an office in a building on the capitol hill complex.




Legislative Review Note
as of 2-5-08 2:56 PM

Office of Legislative Research and General Counsel