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First Substitute H.B. 72
8 LONG TITLE
9 General Description:
10 This bill establishes requirements relating to public school seismic safety.
11 Highlighted Provisions:
12 This bill:
13 . enacts the School Seismic Safety Act which:
14 . requires a school district or charter school to conduct a seismic evaluation of
15 each facility used by the school district or charter school using specified
17 . creates and specifies the duties of the Public School Seismic Safety Committee;
18 . directs the State Board of Education to adopt rules;
19 . provides certain immunity from suit relating to a seismic safety evaluation;
20 . repeals the School Seismic Safety Act on July 1, 2020; and
21 . makes technical changes.
22 Monies Appropriated in this Bill:
23 This bill appropriates:
24 . for fiscal year 2010-11 only, $25,000 from the General Fund to the State Board of
26 Other Special Clauses:
27 This bill takes effect on July 1, 2010.
28 Utah Code Sections Affected:
30 63G-7-201, as renumbered and amended by Laws of Utah 2008, Chapter 382
31 63I-2-253, as last amended by Laws of Utah 2008, Second Special Session, Chapter 6
32 63J-1-602, as enacted by Laws of Utah 2009, Chapter 368
34 53A-15-1201, Utah Code Annotated 1953
35 53A-15-1202, Utah Code Annotated 1953
36 53A-15-1203, Utah Code Annotated 1953
37 53A-15-1204, Utah Code Annotated 1953
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 53A-15-1201 is enacted to read:
42 53A-15-1201. Title.
43 This part is known as the "School Seismic Safety Act."
44 Section 2. Section 53A-15-1202 is enacted to read:
45 53A-15-1202. Definitions.
46 As used in this part:
47 (1) "Committee" means the Public School Seismic Safety Committee created in
48 Section 53A-15-1203 .
49 (2) "Evaluation score worksheet" means the appropriate scoring worksheet for the
50 location and type of building, as contained within federal guidelines.
51 (3) "Federal guidelines" means guidelines and procedures specified in "Rapid Visual
52 Screening of Buildings for Potential Seismic Hazards: A Handbook, 2nd Edition" published by
53 the United States Federal Emergency Management Agency.
54 (4) "Threshold score" means a score on an evaluation score worksheet which indicates
55 that a building warrants a more detailed structural evaluation for its intended use.
56 Section 3. Section 53A-15-1203 is enacted to read:
57 53A-15-1203. Public School Seismic Safety Committee.
58 (1) There is created the Public School Seismic Safety Committee consisting of seven
60 (2) (a) The governor shall appoint three members who are licensed structural engineers,
62 (i) one member from the public or private sector appointed from a list of at least two
63 names submitted by the Utah Seismic Safety Commission;
64 (ii) one member from the public or private sector appointed from a list of at least two
65 names submitted by the Utah Division of Facilities Construction and Management; and
66 (iii) one member from the public or private sector, after considering recommendations
67 from professional associations representing structural engineers.
68 (b) The state superintendent shall appoint four members, including:
69 (i) one member representing a small school district;
70 (ii) one member representing a medium-sized school district;
71 (iii) one member representing a large school district; and
72 (iv) one member from the state superintendent's staff.
73 (3) (a) Except as required by Subsection (3)(b), each member is appointed to a
74 four-year term.
75 (b) Notwithstanding the requirement of Subsection (3)(a), the governor and state
76 superintendent shall, at the time of appointment, adjust the length of terms to ensure that the
77 terms of committee members are staggered so that approximately half of the committee is
78 appointed every two years.
79 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
80 appointed for the unexpired term in the same manner as the vacated member was chosen.
81 (4) A member may not receive compensation or benefits for the member's service, but
82 may receive per diem and travel expenses in accordance with:
83 (a) Section 63A-3-106 ;
84 (b) Section 63A-3-107 ; and
85 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
86 63A-3-107 .
87 (5) (a) The committee shall elect one of the members to serve as chair.
88 (b) A majority of the members of the committee constitutes a quorum of the
90 (c) The action of a majority of a quorum constitutes the action of the committee.
91 (6) The state superintendent's staff shall provide staff support to the committee.
92 (7) The committee shall:
93 (a) advise and make recommendations to the Legislature, governor, state
94 superintendent, and State Board of Education on seismic safety issues in public schools;
95 (b) provide technical assistance to the State Board of Education, state superintendent,
96 school districts, and charter schools in conducting and overseeing the seismic safety
97 evaluations required by Section 53A-15-1204 ; and
98 (c) after completion of the seismic safety evaluations required by Subsection
99 53A-15-1204 (2), establish the threshold score.
100 Section 4. Section 53A-15-1204 is enacted to read:
101 53A-15-1204. Seismic safety evaluation.
102 (1) On or before October 1, 2010, each school district and charter school shall provide
103 the following information about each school to the Public School Seismic Safety Committee:
104 (a) school address;
105 (b) year of:
106 (i) initial construction; and
107 (ii) last significant improvement;
108 (c) square footage;
109 (d) total number of staff and enrolled students; and
110 (e) a copy of any structural or seismic evaluation conducted.
111 (2) As funding allocated by the Public School Seismic Safety Committee allows, each
112 school district and charter school shall:
113 (a) conduct a seismic safety rapid visual screening of each facility used by the school
114 district or charter school in accordance with federal guidelines;
115 (b) complete the appropriate evaluation score worksheet; and
116 (c) report its findings to the State Board of Education, including for each building:
117 (i) the evaluation score worksheet;
118 (ii) the current estimated number of building occupants during normal business hours;
120 (iii) the square footage.
121 (3) The rapid visual screening and completion of the evaluation score worksheet under
122 Subsection (2) shall be supervised or performed by a licensed professional structural engineer
123 or a licensed professional civil engineer with experience in seismic evaluations.
124 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
125 State Board of Education, after consultation with the Public School Seismic Safety Committee,
126 shall make rules to establish standardized forms and procedures for conducting and reporting
127 the results of the rapid visual screening.
128 (5) (a) The State Board of Education shall reimburse school districts and charter
129 schools for the costs of complying with this section from funds appropriated for that purpose.
130 (b) If reimbursement requests from school districts and charter schools exceed
131 available funds, the State Board of Education shall proportionately reduce the allocation for
132 each reimbursement request to match the level of available funds.
133 (c) (i) If reimbursement requests from school districts and charter schools are less than
134 available funds, the State Board of Education, after consultation with the Public School
135 Seismic Safety Committee, shall allocate any remaining funds for additional evaluations of
136 buildings that receive a score on the building's evaluation score worksheet that is below the
137 threshold score established by the committee.
138 (ii) If additional evaluations are funded pursuant to Subsection (5)(c)(i), the State
139 Board of Education, after consultation with the Public School Seismic Safety Committee, shall
140 require that the additional evaluations be performed using a nationally recognized standard.
141 (iii) The State Board of Education may require matching funds as a condition of
142 funding any additional evaluations.
143 (6) The Public School Seismic Safety Committee shall report to the Education Interim
144 Committee the provisional findings of the statewide seismic evaluation, including any
145 additional evaluations, on or before October 31, 2012, including:
146 (a) by school district or charter school, the total number of screened buildings and the
147 score for each building;
148 (b) the total estimated number of building occupants;
149 (c) the total estimated number of building occupants in structures that receive a score
150 on the building's evaluation score worksheet that is below the threshold score established by
151 the committee;
152 (d) the total facility square footage statewide;
153 (e) the total facility square footage statewide in structures that receive a score on the
154 building's evaluation score worksheet that is below the threshold score established by the
155 committee; and
156 (f) the number of school districts, charter schools, and facilities for which no report
157 was submitted.
158 (7) Immunity from suit of a governmental entity is not waived if the injury arises out
159 of, in connection with, or results from a seismic safety evaluation, including a seismic safety
160 rapid visual screening, or failure to conduct a seismic safety evaluation, including a seismic
161 safety rapid visual screening.
162 (8) (a) A seismic safety evaluation, seismic safety rapid visual screening, score,
163 worksheet, report, or any document created or prepared as a result of or in connection with a
164 seismic safety evaluation, is not subject to discovery, subpoena, or similar compulsory process
165 in any civil, judicial, or administrative proceeding.
166 (b) An individual or organization with access to the data described in Subsection (8)(a)
167 may not be compelled to testify with regard to a seismic safety evaluation or proceedings in
168 connection with a seismic safety evaluation.
169 (c) Documents described in Subsection (8)(a) and testimony described in Subsection
170 (8)(b) are not admissible in a civil, judicial, or administrative proceeding.
171 Section 5. Section 63G-7-201 is amended to read:
172 63G-7-201. Immunity of governmental entities from suit.
173 (1) Except as may be otherwise provided in this chapter, each governmental entity and
174 each employee of a governmental entity are immune from suit for any injury that results from
175 the exercise of a governmental function.
176 (2) Notwithstanding the waiver of immunity provisions of Section 63G-7-301 , a
177 governmental entity, its officers, and its employees are immune from suit for any injury or
178 damage resulting from the implementation of or the failure to implement measures to:
179 (a) control the causes of epidemic and communicable diseases and other conditions
180 significantly affecting the public health or necessary to protect the public health as set out in
181 Title 26A, Chapter 1, Local Health Departments;
182 (b) investigate and control suspected bioterrorism and disease as set out in Title 26,
183 Chapter 23b, Detection of Public Health Emergencies Act; [
184 (c) respond to a national, state, or local emergency, a public health emergency as
185 defined in Section 26-23b-102 , or a declaration by the President of the United States or other
186 federal official requesting public health related activities[
187 (d) conduct a seismic safety evaluation, including a seismic safety rapid visual
188 screening pursuant to Title 53A, Chapter 15, Part 12, School Seismic Safety Act.
189 Section 6. Section 63I-2-253 is amended to read:
190 63I-2-253. Repeal dates -- Titles 53, 53A, and 53B.
191 (1) Section 53A-1-403.5 is repealed July 1, 2012.
192 (2) Subsection 53A-1-603 (5) is repealed July 1, 2010.
193 (3) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2014.
197 (5) Title 53A, Chapter 15, Part 12, School Seismic Safety Act, is repealed July 1, 2020.
200 Section 7. Section 63J-1-602 is amended to read:
201 63J-1-602. Nonlapsing accounts and funds.
202 (1) The following revenue collections, appropriations from a fund or account, and
203 appropriations to a program are nonlapsing:
204 (a) appropriations made to the Legislature and its committees;
205 (b) funds collected by the grain grading program, as provided in Section 4-2-2 ;
206 (c) the Salinity Offset Fund created in Section 4-2-8.5 ;
207 (d) the Invasive Species Mitigation Fund created in Section 4-2-8.7 ;
208 (e) funds collected by pesticide dealer license registration fees, as provided in Section
209 4-14-3 ;
210 (f) funds collected by pesticide applicator business registration fees, as provided in
211 Section 4-14-13 ;
212 (g) the Rangeland Improvement Fund created in Section 4-20-2 ;
213 (h) funds deposited as dedicated credits under the Insect Infestation Emergency Control
214 Act, as provided in Section 4-35-6 ;
215 (i) the Percent-for-Art Program created in Section 9-6-404 ;
216 (j) the Centennial History Fund created in Section 9-8-604 ;
217 (k) the Uintah Basin Revitalization Fund, as provided in Section 9-10-108 ;
218 (l) the Navajo Revitalization Fund created in Section 9-11-104 ;
219 (m) the LeRay McAllister Critical Land Conservation Program created in Section
220 11-38-301 ;
221 (n) the Clean Fuels and Vehicle Technology Fund created in Section 19-1-403 ;
222 (o) fees deposited as dedicated credits for hazardous waste plan reviews, as provided in
223 Section 19-6-120 ;
224 (p) an appropriation made to the Division of Wildlife Resources for the appraisal and
225 purchase of lands under the Pelican Management Act, as provided in Section 23-21a-6 ;
226 (q) award monies under the Crime Reduction Assistance Program, as provided under
227 Section 24-1-19 ;
228 (r) funds collected from the emergency medical services grant program, as provided in
229 Section 26-8a-207 ;
230 (s) fees and other funding available to purchase training equipment and to administer
231 tests and conduct quality assurance reviews, as provided in Section 26-8a-208 ;
232 (t) funds collected as a result of a sanction under Section 1919 of Title XIX of the
233 federal Social Security Act, as provided in Section 26-18-3 ;
234 (u) the Utah Health Care Workforce Financial Assistance Program created in Section
235 26-46-102 ;
236 (v) monies collected from subscription fees for publications prepared or distributed by
237 the insurance commissioner, as provided in Section 31A-2-208 ;
238 (w) monies received by the Insurance Department for administering, investigating
239 under, and enforcing the Insurance Fraud Act, as provided in Section 31A-31-108 ;
240 (x) certain monies received for penalties paid under the Insurance Fraud Act, as
241 provided in Section 31A-31-109 ;
242 (y) the fund for operating the state's Federal Health Care Tax Credit Program, as
243 provided in Section 31A-38-104 ;
244 (z) certain funds in the Department of Workforce Services' program for the education,
245 training, and transitional counseling of displaced homemakers, as provided in Section
246 35A-3-114 ;
247 (aa) the Employment Security Administration Fund created in Section 35A-4-505 ;
248 (bb) the Special Administrative Expense Fund created in Section 35A-4-506 ;
249 (cc) funding for a new program or agency that is designated as nonlapsing under
250 Section 36-24-101 ;
251 (dd) the Oil and Gas Conservation Account created in Section 40-6-14.5 ;
252 (ee) funds available to the State Tax Commission for purchase and distribution of
253 license plates and decals, as provided in Section 41-1a-1201 ;
254 (ff) certain fees for the cost of electronic payments under the Motor Vehicle Act, as
255 provided in Section 41-1a-1221 ;
256 (gg) certain fees collected for administering and enforcing the Motor Vehicle Business
257 Regulation Act, as provided in Section 41-3-601 ;
258 (hh) certain fees for the cost of electronic payments under the Motor Vehicle Business
259 Regulation Act, as provided in Section 41-3-604 ;
260 (ii) the Off-Highway Access and Education Restricted Account created in Section
261 41-22-19.5 ;
262 (jj) certain fees for the cost of electronic payments under the Motor Vehicle Act, as
263 provided in Section 41-22-36 ;
264 (kk) monies collected under the Notaries Public Reform Act, as provided under
265 46-1-23 ;
266 (ll) certain funds associated with the Law Enforcement Operations Account, as
267 provided in Section 51-9-411 ;
268 (mm) the Public Safety Honoring Heroes Restricted Account created in Section
269 53-1-118 ;
270 (nn) funding for the Search and Rescue Financial Assistance Program, as provided in
271 Section 53-2-107 ;
272 (oo) appropriations made to the Department of Public Safety from the Department of
273 Public Safety Restricted Account, as provided in Section 53-3-106 ;
274 (pp) appropriations to the Motorcycle Rider Education Program, as provided in Section
275 53-3-905 ;
276 (qq) fees collected by the State Fire Marshal Division under the Utah Fire Prevention
277 and Safety Act, as provided in Section 53-7-314 ;
278 (rr) the DNA Specimen Restricted Account created in Section 53-10-407 ;
279 (ss) monies appropriated to the State Board of Education for:
280 (i) reimbursement of school district and charter school seismic safety evaluation costs
281 pursuant to Section 53A-15-1204 ; and
282 (ii) expenses of the Public School Seismic Safety Committee created in Section
286 of Education for new teacher bonus and performance-based compensation plans, as provided in
287 Section 53A-17a-148 ;
289 Board of Education for implementation of proposals to improve mathematics achievement test
290 scores, as provided in Section 53A-17a-152 ;
293 products or services, as provided in Section 53A-24-105 ;
296 Regents for teacher preparation programs, as provided in Section 53B-6-104 ;
298 School Institutional Trust Lands Management Act, as provided under Section 53C-3-202 ;
300 lines imposed by the Public Service Commission, as provided in Section 54-8b-10 ;
302 Licensing for violation of unlawful or unprofessional conduct that are used for education and
303 enforcement purposes, as provided in Section 58-17b-505 ;
305 58-31b-103 ;
307 58-37-7.7 ;
309 Section 58-44a-103 ;
311 Section 58-56-9 ;
313 Licensing for use in education and enforcement of the Security Personnel Licensing Act, as
314 provided in Section 58-63-103 ;
316 Section 58-76-103 ;
318 Fund, as provided in Section 59-12-103 ;
320 background check for broker and sales agent licenses, as provided in Section 61-2-9 ;
322 61-2-28 ;
324 background check for a mortgage loan license, as provided in Section 61-2c-202 ;
326 records in an investigation, as provided in Section 61-2c-401 ;
328 in Section 62A-1-111 ;
330 provided in Section 62A-4a-110 ;
332 in Section 62A-13-109 ;
334 a county treasurer, as provided in Section 62A-15-503 ;
336 provided in Section 62A-5-102 ;
338 provided in Section 62A-15-103 ;
340 sale or disposal of buffalo, as provided under Section 63-11-19.2 ;
342 State Park, or Jordan River State Park, as provided under Section 63-11-19.5 ;
344 under Section 63-11-19.6 ;
346 created under Section 63-11a-503 ;
348 63-11a-504 ;
350 63-73-10 ;
353 63A-11-203 ;
355 63C-4-103 ;
357 Commission, as provided in Section 63C-6-104 ;
359 Medical Education Council, as provided in Section 63C-8-102 ;
361 Athletic Commission, as provided under Section 63C-11-301 ;
363 publications, as provided in Section 63G-3-402 ;
365 Development's Enterprise Zone Act, as provided in Section 63M-1-416 ;
367 63M-1-1406 ;
369 Development in the Governor's Office of Economic Development, as provided in Section
370 63M-1-1604 ;
372 Communities Restricted Account, as provided in Section 63M-1-2003 ;
374 Authority, created under Section 63M-2-301 , as provided under Section 63M-3-302 ;
376 Section 63M-1-2303 ;
378 in Section 64-13-21.2 ;
380 parole inmates, as provided in Subsection 64-13e-104 (2);
383 Forestry, Fire, and State Lands, as provided in Section 65A-8-103 ;
385 as provided in Section 67-19-6 ;
387 provided in Section 69-2-5.5 ;
389 Loan Fund, as provided in Section 72-2-117 ;
391 as provided in Section 72-2-117.5 ;
393 provided in Section 77-2-120 ;
395 Fund, as provided in Section 77-2-122 ;
397 Program, as provided in Section 72-3-207 ;
400 drilling fines or bonds, as provided in Section 73-3-25 ;
402 Jordan River that are transferred to the Division of Parks and Recreation, as provided in
403 Section 73-10e-1 ;
405 Boating Act, as provided in Section 73-18-25 ;
407 and Development Fund, as provided in Section 73-23-2 ;
409 created in Section 73-28-404 ;
411 Reserve Account, as provided in Section 73-103-1 ;
413 provided in Section 77-10a-19 ;
415 Section 77-32-601 ;
417 77-32-701 ;
419 provided in Subsection 78A-6-203 (c);
421 78A-6-210 ; and
423 interpreters, as provided in Section 78B-1-146 .
424 (2) No revenue collection, appropriation from a fund or account, or appropriation to a
425 program may be treated as nonlapsing unless:
426 (a) it is expressly referenced by this section;
427 (b) it is designated in a condition of appropriation in the appropriations bill; or
428 (c) nonlapsing authority is granted under Section 63J-1-603 .
429 (3) Each legislative appropriations subcommittee shall review the accounts and funds
430 that have been granted nonlapsing authority under this section or Section 63J-1-603 .
431 Section 8. Appropriation.
432 (1) There is appropriated $25,000 from the General Fund for fiscal year 2010-11 only,
433 to the State Board of Education for:
434 (a) reimbursement of school district and charter school seismic safety evaluation costs
435 incurred pursuant to Section 53A-15-1204 ; and
436 (b) expenses of the Public School Seismic Safety Committee created under Section
437 53A-15-1203 .
438 (2) The funds appropriated in Subsection (1) are non-lapsing.
439 Section 9. Effective date.
440 This bill takes effect on July 1, 2010.
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