S.B. 225

1

GUBERNATORIAL AND LEGISLATIVE SPACE
2 IN THE CAPITOL
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Curtis S. Bramble
6 House Sponsor: David Clark
7
8 LONG TITLE
9 General Description:
10 This bill amends and enacts provisions regarding the governor's and the Legislature's
11 space in the State Capitol.
12 Highlighted Provisions:
13 This bill:
14 . amends and enacts provisions regarding the governor's space in the State Capitol;
15 . amends provisions relating to legislative space to make conforming changes;
16 . amends provisions relating to the shared governor area and legislative area;
17 . amends and enacts provisions regarding sharing certain governor area with the State
18 Capitol Preservation Board; and
19 . makes technical amendments.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 This bill provides an effective date.
24 Utah Code Sections Affected:
25 AMENDS:
26 36-5-1 (Superseded 08/01/08), as last amended by Laws of Utah 2007, Chapter 121
27 36-5-1 (Effective 08/01/08), as last amended by Laws of Utah 2007, Chapter 121

28 63C-9-301, as last amended by Laws of Utah 2007, Chapter 322
29 63C-9-402, as last amended by Laws of Utah 2006, Chapter 256
30 63C-9-703, as last amended by Laws of Utah 2003, Chapter 66
31 ENACTS:
32 67-1-16, Utah Code Annotated 1953
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 36-5-1 (Superseded 08/01/08) is amended to read:
36 36-5-1 (Superseded 08/01/08). Reservation of area for Legislature -- Duties of
37 Legislative Management Committee.
38 (1) As used in this section:
39 (a) "Architectural integrity" means the architectural elements, materials, color, and
40 quality of the original building construction.
41 (b) "Capitol hill" means the grounds, monuments, parking areas, buildings, and other
42 man-made and natural objects within the area bounded by 300 North Street, Columbus Street,
43 500 North Street, and East Capitol Boulevard, and includes:
44 (i) the White Community Memorial Chapel and its grounds and parking areas, and the
45 Council Hall Travel Information Center building and its grounds and parking areas;
46 (ii) the Daughters of the Utah Pioneers building and its grounds and parking areas and
47 other state-owned property included within the area bounded by Columbus Street, North Main
48 Street, and Apricot Avenue;
49 (iii) the state-owned property included within the area bounded by Columbus Street,
50 Wall Street, and 400 North Street; and
51 (iv) the state-owned property included within the area bounded by Columbus Street,
52 West Capitol Street, and 500 North Street.
53 (c) "House Building" means the west building on capitol hill that is located northwest
54 of the State Capitol and southwest of the State Office Building.
55 (d) "Legislative area" means the buildings, chambers, rooms, hallways, lounges,
56 parking lots, and parking garages designated by this section as being subject to legislative
57 control.
58 (e) "Senate Building" means the east building on capitol hill that is located northeast of

59 the State Capitol and southeast of the State Office Building.
60 (f) "State Capitol" means the building dedicated as the Utah State Capitol in 1916.
61 (g) "State Capitol Preservation Board" or "board" is as created in Section 63C-9-201 .
62 (2) The legislative area on capitol hill includes:
63 (a) in the State Capitol:
64 (i) on the fourth floor: the entire floor and the stairs and elevators on the east and west
65 side, except the four art galleries and the four closets on the interior of the State Capitol which
66 are immediately around the art galleries are under the supervision of the board;
67 (ii) on the third floor: the entire floor, including the stairs and elevators on the east and
68 west side of the third floor, except:
69 (A) the Supreme Court chambers which is to be controlled and scheduled by the
70 Legislature during any general or special session of the Legislature and on interim days and
71 controlled and scheduled by the State Capitol Preservation Board on all other days;
72 (B) one office on the southeast side by the Senate Rules Room which is to be
73 controlled by the Supreme Court; and
74 (C) the Senate Rules Room, which Senate Rules Room is to be controlled by the
75 Legislature during any general or special session of the Legislature and on interim days, and
76 shared with the Supreme Court as scheduled through the Legislature on all other days;
77 (iii) on the second floor: a committee room on the northeast side which is to be
78 controlled and scheduled by the Legislature during any general or special session of the
79 Legislature and on interim days and controlled and scheduled by the State Capitol Preservation
80 Board on all other days;
81 (iv) on the first floor: no legislative space; and
82 (v) on the basement level:
83 (A) the Office of Legislative Printing; and
84 (B) the [two] audio/video control rooms [which] are to be controlled [and scheduled]
85 by the Legislature [during any general or special session of the Legislature and on interim
86 committee days, which control rooms shall be shared with the governor as controlled and
87 scheduled through the State Capitol Preservation Board on all other days] and the governor and
88 scheduled by the Legislature, and the maintenance of the control rooms shall be by the State
89 Capitol Preservation Board at the direction of the Legislature and the governor;

90 (b) the entire House Building; and
91 (c) (i) the parking stalls in the underground parking facility located directly east of the
92 House Building and below the central plaza;
93 (ii) 52 of the parking stalls in the above ground parking lot known as Lot G located
94 north of the House Building and west of the State Office Building;
95 (iii) 26 of the parking stalls in the underground parking located directly under the
96 Senate Building; and
97 (iv) 47 of the parking stalls in the underground parking facility directly east of the
98 Senate Building.
99 (3) (a) The legislative area is reserved for the use and occupancy of the Legislature and
100 its committees and for legislative functions.
101 (b) The Legislative Management Committee shall delegate oversight of designated
102 portions of the legislative parking areas to the State Capitol Preservation Board for use by the
103 executive branch on nonlegislative days.
104 (4) The data centers in the House Building, Senate Building, and State Capitol which
105 are associated with the House, Senate, or legislative staff space are the responsibility of the
106 Legislature, and the maintenance of these data centers shall be by the State Capitol
107 Preservation Board at the direction of the Legislature.
108 [(4)] (5) The Legislative Management Committee shall exercise complete jurisdiction
109 over the legislative area, except for the following, which are the responsibility of the State
110 Capitol Preservation Board:
111 (a) the architectural integrity of the legislative area, including:
112 (i) restored historic architectural or design features;
113 (ii) historic color schemes, decorative finishes, and stenciling;
114 (iii) decorative light fixtures; and
115 (iv) flooring;
116 (b) control of the central mechanical and electrical core of the House Building, Senate
117 Building, and State Capitol [Building] on all floors;
118 (c) control of the enclosure of the House Building, Senate Building, and [State Capitol
119 Building] from the exterior of the building to the interior of the exterior wall;
120 (d) the roof of the House Building, Senate Building, and State Capitol [Building];

121 (e) the utility and security tunnels between the underground parking structure and the
122 House Building, Senate Building, and State Capitol [Building];
123 (f) rest rooms of the House Building, Senate Building, and State Capitol [Building];
124 (g) maintenance of all the elevators and stairways in the House Building, Senate
125 Building, and State Capitol [Building]; and
126 (h) those functions the Legislative Management Committee delegates in writing to be
127 performed by the State Capitol Preservation Board.
128 [(5)] (6) (a) The communications [and data] centers in the [House Building,] Senate
129 Building[,] and State Capitol [Building] which are associated with the House, Senate, or
130 legislative staff space or are associated with the governor, lieutenant governor, or their staff
131 space are the shared responsibility of the State Capitol Preservation Board [and], the
132 Legislature, and the governor.
133 (b) The communications centers in the House Building which are associated with the
134 House, Senate, or legislative staff space are the shared responsibility of the State Capitol
135 Preservation Board and the Legislature.
136 Section 2. Section 36-5-1 (Effective 08/01/08) is amended to read:
137 36-5-1 (Effective 08/01/08). Reservation of area for Legislature -- Duties of
138 Legislative Management Committee.
139 (1) As used in this section:
140 (a) "Architectural integrity" means the architectural elements, materials, color, and
141 quality of the original building construction.
142 (b) "Capitol hill" means the grounds, monuments, parking areas, buildings, and other
143 man-made and natural objects within the area bounded by 300 North Street, Columbus Street,
144 500 North Street, and East Capitol Boulevard, and includes:
145 (i) the White Community Memorial Chapel and its grounds and parking areas, and the
146 Council Hall Travel Information Center building and its grounds and parking areas;
147 (ii) the Daughters of the Utah Pioneers building and its grounds and parking areas and
148 other state-owned property included within the area bounded by Columbus Street, North Main
149 Street, and Apricot Avenue;
150 (iii) the state-owned property included within the area bounded by Columbus Street,
151 Wall Street, and 400 North Street; and

152 (iv) the state-owned property included within the area bounded by Columbus Street,
153 West Capitol Street, and 500 North Street.
154 (c) "House Building" means the west building on capitol hill that is located northwest
155 of the State Capitol and southwest of the State Office Building.
156 (d) "Legislative area" means the buildings, chambers, rooms, hallways, lounges,
157 parking lots, and parking garages designated by this section as being subject to legislative
158 control.
159 (e) "Senate Building" means the east building on capitol hill that is located northeast of
160 the State Capitol and southeast of the State Office Building.
161 (f) "State Capitol" means the building dedicated as the Utah State Capitol in 1916.
162 (g) "State Capitol Preservation Board" or "board" is as created in Section 63C-9-201 .
163 (2) The legislative area on capitol hill includes:
164 (a) in the State Capitol:
165 (i) on the fourth floor: the entire floor and the stairs and elevators on the east and west
166 side, except the four art galleries and the four closets on the interior of the State Capitol which
167 are immediately around the art galleries are under the supervision of the board;
168 (ii) on the third floor: the entire floor, including the stairs and elevators on the east and
169 west side of the third floor, except:
170 (A) the Supreme Court chambers which is to be controlled and scheduled by the
171 Legislature during any general or special session of the Legislature and on interim days and
172 controlled and scheduled by the State Capitol Preservation Board on all other days;
173 (B) one office on the southeast side by the Senate Rules Room which is to be
174 controlled by the Supreme Court; and
175 (C) the Senate Rules Room, which Senate Rules Room is to be controlled by the
176 Legislature during any general or special session of the Legislature and on interim days, and
177 shared with the Supreme Court as scheduled through the Legislature on all other days;
178 (iii) on the second floor: a committee room on the northeast side which is to be
179 controlled and scheduled by the Legislature during any general or special session of the
180 Legislature and on interim days and controlled and scheduled by the State Capitol Preservation
181 Board on all other days;
182 (iv) on the first floor: no legislative space; and

183 (v) on the basement level:
184 (A) the Office of Legislative Printing; and
185 (B) the [two] audio/video control rooms [which] are to be controlled [and scheduled]
186 by the Legislature [during any general or special session of the Legislature and on interim
187 committee days, which control rooms shall be shared with the governor as controlled and
188 scheduled through the State Capitol Preservation Board on all other days] and the governor and
189 scheduled by the Legislature, and the maintenance of the control rooms shall be by the State
190 Capitol Preservation Board at the direction of the Legislature and the governor;
191 (b) the entire House Building;
192 (c) in the Senate Building:
193 (i) on the third floor: no legislative space;
194 (ii) on the second floor: the entire floor, including the secured elevator, are legislative
195 space;
196 (iii) on the first floor: the secured corridor to the secured elevator is legislative and
197 executive space controlled by the State Capitol Preservation Board; and
198 (iv) on the basement level: the secured elevator is legislative space; and
199 (d) (i) the parking stalls in the underground parking facility located directly east of the
200 House Building and below the central plaza;
201 (ii) 52 of the parking stalls in the above ground parking lot known as Lot G located
202 north of the House Building and west of the State Office Building;
203 (iii) 26 of the parking stalls in the underground parking located directly under the
204 Senate Building; and
205 (iv) 47 of the parking stalls in the underground parking facility directly east of the
206 Senate Building.
207 (3) (a) The legislative area is reserved for the use and occupancy of the Legislature and
208 its committees and for legislative functions.
209 (b) The Legislative Management Committee shall delegate oversight of designated
210 portions of the legislative parking areas to the State Capitol Preservation Board for use by the
211 executive branch on nonlegislative days.
212 (4) The data centers in the House Building, Senate Building, and State Capitol which
213 are associated with the House, Senate, or legislative staff space are the responsibility of the

214 Legislature, and the maintenance of these data centers shall be by the State Capitol
215 Preservation Board at the direction of the Legislature.
216 [(4)] (5) The Legislative Management Committee shall exercise complete jurisdiction
217 over the legislative area, except for the following, which are the responsibility of the State
218 Capitol Preservation Board:
219 (a) the architectural integrity of the legislative area, including:
220 (i) restored historic architectural or design features;
221 (ii) historic color schemes, decorative finishes, and stenciling;
222 (iii) decorative light fixtures; and
223 (iv) flooring;
224 (b) control of the central mechanical and electrical core of the House Building, Senate
225 Building, and State Capitol [Building] on all floors;
226 (c) control of the enclosure of the House Building, Senate Building, and State Capitol
227 [Building] from the exterior of the building to the interior of the exterior wall;
228 (d) the roof of the House Building, Senate Building, and State Capitol [Building];
229 (e) the utility and security tunnels between the underground parking structure and the
230 House Building, Senate Building, and State Capitol [Building];
231 (f) rest rooms of the House Building, Senate Building, and State Capitol [Building];
232 (g) maintenance of all the elevators and stairways in the House Building, Senate
233 Building, and State Capitol [Building]; and
234 (h) those functions the Legislative Management Committee delegates in writing to be
235 performed by the State Capitol Preservation Board.
236 [(5)] (6) The communications [and data] centers in the [House Building,] Senate
237 Building[,] and State Capitol [Building] which are associated with the House, Senate, or
238 legislative staff space or are associated with the governor, lieutenant governor, or their staff
239 space are the shared responsibility of the State Capitol Preservation Board [and], the
240 Legislature, and the governor.
241 (b) The communications centers in the House Building which are associated with the
242 House, Senate, or legislative staff space are the shared responsibility of the State Capitol
243 Preservation Board and the Legislature.
244 Section 3. Section 63C-9-301 is amended to read:

245 63C-9-301. Board powers -- Subcommittees.
246 (1) The board shall:
247 (a) except as provided in Subsection (2), exercise complete jurisdiction and
248 stewardship over capitol hill facilities, capitol hill grounds, and the capitol hill complex;
249 (b) preserve, maintain, and restore the capitol hill complex, capitol hill facilities,
250 capitol hill grounds, and their contents;
251 (c) before October 1 of each year, review and approve the executive director's annual
252 budget request for submittal to the governor and Legislature;
253 (d) by October 1 of each year, prepare and submit a recommended budget request for
254 the upcoming fiscal year for the capitol hill complex to:
255 (i) the governor, through the Governor's Office of Planning and Budget; and
256 (ii) the Legislature's appropriations subcommittee responsible for capitol hill facilities,
257 through the Office of Legislative Fiscal Analyst;
258 (e) review and approve the executive director's:
259 (i) annual work plan;
260 (ii) long-range master plan for the capitol hill complex, capitol hill facilities, and
261 capitol hill grounds; and
262 (iii) furnishings plan for placement and care of objects under the care of the board;
263 (f) approve all changes to the buildings and their grounds, including:
264 (i) restoration, remodeling, and rehabilitation projects;
265 (ii) usual maintenance program; and
266 (iii) any transfers or loans of objects under the board's care;
267 (g) define and identify all significant aspects of the capitol hill complex, capitol hill
268 facilities, and capitol hill grounds, after consultation with the:
269 (i) Division of Facilities Construction and Management;
270 (ii) State Library Division;
271 (iii) Division of Archives and Records Service;
272 (iv) Division of State History;
273 (v) Office of Museum Services; and
274 (vi) Arts Council;
275 (h) inventory, define, and identify all significant contents of the buildings and all

276 state-owned items of historical significance that were at one time in the buildings, after
277 consultation with the:
278 (i) Division of Facilities Construction and Management;
279 (ii) State Library Division;
280 (iii) Division of Archives and Records Service;
281 (iv) Division of State History;
282 (v) Office of Museum Services; and
283 (vi) Arts Council;
284 (i) maintain archives relating to the construction and development of the buildings, the
285 contents of the buildings and their grounds, including documents such as plans, specifications,
286 photographs, purchase orders, and other related documents, the original copies of which shall
287 be maintained by the Division of Archives and Records Service;
288 (j) comply with federal and state laws related to program and facility accessibility; and
289 (k) establish procedures for receiving, hearing, and deciding complaints or other issues
290 raised about the capitol hill complex, capitol hill facilities, and capitol hill grounds, or their
291 use.
292 (2) (a) Notwithstanding Subsection (1)(a), the supervision and control of the legislative
293 area, as defined in Section 36-5-1 , is reserved to the Legislature[.]; and
294 (b) the supervision and control of the governor's area, as defined in Section 67-1-16 , is
295 reserved to the governor.
296 (3) (a) The board shall make rules to govern, administer, and regulate the capitol hill
297 complex, capitol hill facilities, and capitol hill grounds by following the procedures and
298 requirements of Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
299 (b) A person who violates a rule adopted by the board under the authority of this
300 Subsection (3) is subject to a civil penalty not to exceed $2,500 for each violation, plus the
301 amount of any actual damages, expenses, and costs related to the violation of the rule that are
302 incurred by the state.
303 (c) The board may take any other legal action allowed by law.
304 (d) If any violation of a rule adopted by the board is also an offense under Title 76,
305 Utah Criminal Code, the violation is subject to the civil penalty, damages, expenses, and costs
306 allowed under this Subsection (3) in addition to any criminal prosecution.

307 (e) The board may not apply this section or rules adopted under the authority of this
308 section in a manner that violates a person's rights under the Utah Constitution or the First
309 Amendment to the United States Constitution, including the right of persons to peaceably
310 assemble.
311 (f) The board shall send proposed rules under this section to the legislative general
312 counsel and the governor's general counsel for review and comment before the board adopts the
313 rules.
314 (4) The board is exempt from the requirements of Title 63, Chapter 56, Utah
315 Procurement Code, but shall adopt procurement rules substantially similar to the requirements
316 of that chapter.
317 (5) (a) The board may:
318 (i) establish subcommittees made up of board members and members of the public to
319 assist and support the executive director in accomplishing the executive director's duties;
320 (ii) establish fees for the use of capitol hill facilities and capitol hill grounds;
321 (iii) assign and allocate specific duties and responsibilities to any other state agency, if
322 the other agency agrees to perform the duty or accept the responsibility;
323 (iv) contract with another state agency to provide services;
324 (v) delegate by specific motion of the board any authority granted to it by this section
325 to the executive director;
326 (vi) in conjunction with Salt Lake City, expend monies to improve or maintain public
327 property contiguous to East Capitol Boulevard and capitol hill;
328 (vii) provide wireless Internet service to the public without a fee in any capitol hill
329 facility; and
330 (viii) when necessary, consult with the:
331 (A) Division of Facilities Construction and Management;
332 (B) State Library Division;
333 (C) Division of Archives and Records Service;
334 (D) Division of State History;
335 (E) Office of Museum Services; and
336 (F) Arts Council.
337 (b) The board's provision of wireless Internet service under Subsection (5)(a)(vii) shall

338 be discontinued in the legislative area if the president of the Senate and the speaker of the
339 House of Representatives each submit a signed letter to the board indicating that the service is
340 disruptive to the legislative process and is to be discontinued.
341 (c) If a budget subcommittee is established by the board, the following shall serve as ex
342 officio, nonvoting members of the budget subcommittee:
343 (i) the legislative fiscal analyst, or the analyst's designee, who shall be from the Office
344 of Legislative Fiscal Analyst; and
345 (ii) the director of the Governor's Office of Planning and Budget, or the director's
346 designee, who shall be from the Governor's Office of Planning and Budget.
347 (d) If a preservation and maintenance subcommittee is established by the board, the
348 board may, by majority vote, appoint one or each of the following to serve on the
349 subcommittee as voting members of the subcommittee:
350 (i) an architect, who shall be selected from a list of three architects submitted by the
351 American Institute of Architects; or
352 (ii) an engineer, who shall be selected from a list of three engineers submitted by the
353 American Civil Engineers Council.
354 (e) If the board establishes any subcommittees, the board may, by majority vote,
355 appoint up to two people who are not members of the board to serve, at the will of the board, as
356 nonvoting members of a subcommittee.
357 (f) Members of each subcommittee shall, at the first meeting of each calendar year,
358 select one individual to act as chair of the subcommittee for a one-year term.
359 (6) (a) The board, and the employees of the board, may not move the office of the
360 governor, lieutenant governor, president of the Senate, speaker of the House of
361 Representatives, or a member of the Legislature from the State Capitol [Building] unless the
362 removal is approved by:
363 (i) the governor, in the case of the governor's office;
364 (ii) the lieutenant governor, in the case of the lieutenant governor's office;
365 (iii) the president of the Senate, in the case of the president's office or the office of a
366 member of the Senate; or
367 (iv) the speaker of the House of Representatives, in the case of the speaker's office or
368 the office of a member of the House.

369 (b) The board and the employees of the board have no control over the furniture,
370 furnishings, and decorative objects in the offices of the governor, lieutenant governor, or the
371 members of the Legislature except as necessary to inventory or conserve items of historical
372 significance owned by the state.
373 (c) The board and the employees of the board have no control over records and
374 documents produced by or in the custody of a state agency, official, or employee having an
375 office in a building on the capitol hill complex.
376 (d) Except for items identified by the board as having historical significance, and
377 except as provided in Subsection (6)(b), the board and the employees of the board have no
378 control over moveable furnishings and equipment in the custody of a state agency, official, or
379 employee having an office in a building on the capitol hill complex.
380 Section 4. Section 63C-9-402 is amended to read:
381 63C-9-402. Executive director -- Duties.
382 The executive director shall:
383 (1) develop, for board approval, a master plan with a projection of at least 20 years
384 concerning the stewardship responsibilities, operation, activities, maintenance, preservation,
385 restoration, and modification of the capitol hill complex, capitol hill facilities, and capitol hill
386 grounds, including, if directed by the board, a plan to restore the buildings to their original
387 architecture;
388 (2) develop, as part of the master plan submitted for board approval, a furnishings plan
389 for the placement and care of objects under the care of the board;
390 (3) prepare, and recommend for board approval, an annual budget and work plan, that
391 is consistent with the master plan, for all work to be performed under this chapter, including