First Substitute H.B. 278

This document includes House Committee Amendments incorporated into the bill on Tue, Feb 5, 2013 at 4:27 PM by lerror. --> This document includes House Floor Amendments incorporated into the bill on Fri, Feb 15, 2013 at 1:06 PM by jeyring. -->

Representative Gage Froerer proposes the following substitute bill:

1 PUBLIC SCHOOL SEISMIC STUDIES
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Gage Froerer
5 Senate Sponsor: Scott K. Jenkins
6
7 LONG TITLE
8 General Description:
9 This bill imposes requirements on a school district regarding seismic safety evaluations
10 of school buildings.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . requires a school district to conduct or update a seismic safety evaluation of a
15 school district building constructed before 1975 if the school district issues certain
16 general obligation bonds on or after July 1, 2013; H. [ and ] .H
17 . provides that a school district is not required to conduct or update a seismic safety
18 evaluation of a building constructed before 1975 if a seismic safety evaluation was
19 performed on the building within the 25-year period before the school district issues
20 certain general obligation bonds H. [ . ] ; and
20a . provides that the creation of a seismic safety evaluation of a school, or a list of
20b schools needing seismic upgrades, shall not be construed as expanding or changing the state's
20c or a school district's common law duty of care for liability purposes. .H
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 This bill provides an immediate effective date.
25 Utah Code Sections Affected:

26 ENACTS:
27 53A-18-107, Utah Code Annotated 1953
28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 53A-18-107 is enacted to read:
31 53A-18-107. Requirement to conduct seismic safety evaluations when issuing a
32 bond.
33 (1) As used in this section:
34 (a) "Federal guidelines" means guidelines and procedures specified in "Rapid Visual
35 Screening of Buildings for Potential Seismic Hazards: A Handbook, 2nd Edition" published by
36 the United States Federal Emergency Management Agency.
37 (b) "Qualifying general obligation bond" means a bond:
38 (i) issued pursuant to Title 11, Chapter 14, Local Government Bonding Act; and
39 (ii) authorized by an election held on or after July 1, 2013.
40 (c) "Seismic safety evaluation" means a seismic safety rapid visual screening evaluated
41 in accordance with federal guidelines or a more detailed seismic structural evaluation.
42 (2) If a school district issues a qualifying general obligation bond, the school district
43 shall:
44 (a) except as provided in Subsection (4), conduct or update a seismic safety evaluation
45 of each school district building:
46 (i) constructed before 1975; and
47 (ii) used by the school district as a school; and
48 (b) provide a copy of a seismic safety evaluation prepared under Subsection (2)(a) to
49 the Utah Seismic Safety Commission created in Section 63C-6-101 .
50 (3) A seismic safety evaluation conducted under Subsection (2) shall be conducted by a
51 licensed structural engineer familiar with seismic codes.
52 (4) A school district is not required to conduct or update a seismic safety evaluation of
53 a building as required in Subsection (2)(a) if H. :
53a (a) .H a seismic safety evaluation was performed on the
54 building within the 25-year period before the school district issues the qualifying general
55 obligation bond H. [ . ] ; and
55a (b) the school district provides a copy of the school district's seismic safety evaluation
55b described in Subsection (4)(a) to the Utah Seismic Safety Commission. .H
55c H. (5) Creation of a seismic safety evaluation of a school, or a list of schools needing
55d seismic upgrades, shall not be construed as expanding or changing the state's or a school
55e district's common law duty of care for liability purposes. .H
56 Section 2. Effective date.

57 If approved by two-thirds of all the members elected to each house, this bill takes effect
58 upon approval by the governor, or the day following the constitutional time limit of Utah
59 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
60 the date of veto override.

[Bill Documents]