1     
CAPITOL PRESERVATION BOARD AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Keith Grover

5     
Senate Sponsor: Margaret Dayton

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to the Capitol Preservation Board and its duties.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies provisions related to parking allocations to reflect current practice;
13          ▸     removes references to a capitol gift shop;
14          ▸     repeals the Art Placement Subcommittee of the Capitol Preservation Board; and
15          ▸     repeals provisions relating to the administration of donations from the 2002
16     Olympic funds.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          36-5-1, as last amended by Laws of Utah 2008, Chapters 6 and 10
24          63C-9-402, as last amended by Laws of Utah 2008, Chapter 10
25          63C-9-502, as last amended by Laws of Utah 2013, Chapter 400
26     REPEALS:
27          63C-9-701, as last amended by Laws of Utah 2005, Chapter 196

28          63C-9-702, as last amended by Laws of Utah 2014, Chapter 387
29          63C-9-703, as last amended by Laws of Utah 2008, Chapter 10
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 36-5-1 is amended to read:
33          36-5-1. Reservation of area for Legislature -- Duties of Legislative Management
34     Committee.
35          (1) As used in this section:
36          (a) "Architectural integrity" means the architectural elements, materials, color, and
37     quality of the original building construction.
38          (b) "Capitol hill" means the grounds, monuments, parking areas, buildings, and other
39     man-made and natural objects within the area bounded by 300 North Street, Columbus Street,
40     500 North Street, and East Capitol Boulevard, and includes:
41          (i) the White Community Memorial Chapel and its grounds and parking areas, and the
42     Council Hall Travel Information Center building and its grounds and parking areas;
43          (ii) the Daughters of the Utah Pioneers building and its grounds and parking areas and
44     other state-owned property included within the area bounded by Columbus Street, North Main
45     Street, and Apricot Avenue;
46          (iii) the state-owned property included within the area bounded by Columbus Street,
47     Wall Street, and 400 North Street; and
48          (iv) the state-owned property included within the area bounded by Columbus Street,
49     West Capitol Street, and 500 North Street.
50          (c) "House Building" means the west building on capitol hill that is located northwest
51     of the State Capitol and southwest of the State Office Building.
52          (d) "Legislative area" means the buildings, chambers, rooms, hallways, lounges,
53     parking lots, and parking garages designated by this section as being subject to legislative
54     control.
55          (e) "Senate Building" means the east building on capitol hill that is located northeast of
56     the State Capitol and southeast of the State Office Building.
57          (f) "State Capitol" means the building dedicated as the Utah State Capitol in 1916.
58          (g) "State Capitol Preservation Board" or "board" is as created in Section 63C-9-201.

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

90     space;
91          (iii) on the first floor: the secured corridor to the secured elevator is legislative and
92     executive space controlled by the State Capitol Preservation Board; and
93          (iv) on the basement level: the secured elevator is legislative space; and
94          (d) (i) the parking stalls in the underground parking facility located directly east of the
95     House Building and below the central plaza;
96          (ii) 52 of the parking stalls in the above ground parking lot known as Lot G located
97     north of the House Building and west of the State Office Building;
98          (iii) 26 of the parking stalls in the underground parking located directly under the
99     Senate Building; and
100          (iv) [47] 58 of the parking stalls in the underground parking facility directly east of the
101     Senate Building.
102          (3) (a) The legislative area is reserved for the use and occupancy of the Legislature and
103     its committees and for legislative functions.
104          (b) The Legislative Management Committee shall delegate oversight of designated
105     portions of the legislative parking areas to the State Capitol Preservation Board for use by the
106     executive branch on nonlegislative days.
107          (4) The data centers in the House Building, Senate Building, and State Capitol which
108     are associated with the House, Senate, or legislative staff space are the responsibility of the
109     Legislature, and the maintenance of these data centers shall be by the State Capitol
110     Preservation Board at the direction of the Legislature.
111          (5) The Legislative Management Committee shall exercise complete jurisdiction over
112     the legislative area, except for the following, which are the responsibility of the State Capitol
113     Preservation Board:
114          (a) the architectural integrity of the legislative area, including:
115          (i) restored historic architectural or design features;
116          (ii) historic color schemes, decorative finishes, and stenciling;
117          (iii) decorative light fixtures; and
118          (iv) flooring;
119          (b) control of the central mechanical and electrical core of the House Building, Senate
120     Building, and State Capitol on all floors;

121          (c) control of the enclosure of the House Building, Senate Building, and State Capitol
122     from the exterior of the building to the interior of the exterior wall;
123          (d) the roof of the House Building, Senate Building, and State Capitol;
124          (e) the utility and security tunnels between the underground parking structure and the
125     House Building, Senate Building, and State Capitol;
126          (f) rest rooms of the House Building, Senate Building, and State Capitol;
127          (g) maintenance of all the elevators and stairways in the House Building, Senate
128     Building, and State Capitol; and
129          (h) those functions the Legislative Management Committee delegates in writing to be
130     performed by the State Capitol Preservation Board.
131          (6) (a) The communications centers in the Senate Building and State Capitol which are
132     associated with the House, Senate, or legislative staff space or are associated with the governor,
133     lieutenant governor, or their staff space are the shared responsibility of the State Capitol
134     Preservation Board, the Legislature, and the governor.
135          (b) The communications centers in the House Building which are associated with the
136     House, Senate, or legislative staff space are the shared responsibility of the State Capitol
137     Preservation Board and the Legislature.
138          Section 2. Section 63C-9-402 is amended to read:
139          63C-9-402. Executive director -- Duties.
140          The executive director shall:
141          (1) develop, for board approval, a master plan with a projection of at least 20 years
142     concerning the stewardship responsibilities, operation, activities, maintenance, preservation,
143     restoration, and modification of the capitol hill complex, capitol hill facilities, and capitol hill
144     grounds, including, if directed by the board, a plan to restore the buildings to their original
145     architecture;
146          (2) develop, as part of the master plan submitted for board approval, a furnishings plan
147     for the placement and care of objects under the care of the board;
148          (3) prepare, and recommend for board approval, an annual budget and work plan, that
149     is consistent with the master plan, for all work to be performed under this chapter, including
150     usual operations and maintenance and janitorial and preventative maintenance for the capitol
151     hill complex, capitol hill facilities, capitol hill grounds, and their contents;

152          (4) develop an operations, maintenance, and janitorial program for the capitol hill
153     complex, capitol hill facilities, capitol hill grounds, and their contents;
154          (5) develop a program to purchase or accept by donation, permanent loan, or outside
155     funding items necessary to implement the master plan;
156          (6) develop and maintain a registration system and inventory of the contents of the
157     capitol hill facilities and capitol hill grounds and of the original documents relating to the
158     buildings' construction and alteration;
159          (7) develop a program to purchase or accept by donation, permanent loan, or outside
160     funding items of historical significance that were at one time in the capitol hill facilities and
161     that are not owned by the state;
162          (8) develop a program to locate and acquire state-owned items of historical
163     significance that were at one time in the buildings;
164          (9) develop a collections policy regarding the items of historic significance as
165     identified in the registration system and inventory for the approval of the board;
166          (10) assist in matters dealing with the preservation of historic materials;
167          (11) make recommendations on conservation needs and make arrangements to contract
168     for conservation services for objects of significance;
169          (12) make recommendations for the transfer or loan of objects of significance as
170     detailed in the approved collections policy;
171          (13) make recommendations to transfer, sell, or otherwise dispose of unused surplus
172     property that is not of significance as defined in the collections policy and by the registration
173     system;
174          (14) approve all art and exhibits placed on capitol hill after board approval;
175          (15) employ staff to assist him in administering this chapter and direct and coordinate
176     their activities;
177          (16) contract for professional services of qualified consultants, including architectural
178     historians, landscape architects with experience in landscape architectural preservation,
179     conservators, historians, historic architects, engineers, artists, exhibit designers, and craftsmen;
180          (17) prepare annually a complete and detailed written report for the board that accounts
181     for all funds received and disbursed by the board during the preceding fiscal year;
182          (18) develop and manage a visitor services program for capitol hill which shall include

183     public outreach programs, public tours, events, [a gift shop,] and communication and public
184     relation services; and
185          (19) manage and organize all transit and parking programs on the capitol hill complex,
186     except that:
187          (a) the Legislative Management Committee shall direct the executive director's
188     management and organization of transit and parking associated with the legislative area as
189     defined in Section 36-5-1; and
190          (b) the governor shall direct the executive director's management and organization of
191     transit and parking associated with the governor's area as defined in Section 67-1-16.
192          Section 3. Section 63C-9-502 is amended to read:
193          63C-9-502. Fund created -- Donations.
194          (1) There is created an expendable special revenue fund entitled the "State Capitol
195     Fund."
196          (2) The fund consists of money generated from the following revenue sources:
197          (a) any donations, deposits, contributions, gifts, money, and items of value received
198     from private persons, foundations, or organizations;
199          [(b) gift shop profits;]
200          [(c)] (b) appropriations made to the fund by the Legislature; and
201          [(d)] (c) money received by the board from the federal government.
202          (3) (a) The fund shall earn interest.
203          (b) All interest earned on fund money shall be deposited into the fund.
204          (4) The board may use fund money to:
205          (a) acquire historical and other items to furnish the capitol hill facilities;
206          (b) pay for the repair and maintenance of the capitol hill facilities and capitol hill
207     grounds;
208          (c) pay for the rehabilitation of the capitol hill facilities and capitol hill grounds; and
209          (d) fund all costs incurred in complying with this chapter.
210          Section 4. Repealer.
211          This bill repeals:
212          Section 63C-9-701, Definitions.
213          Section 63C-9-702, Art Placement Subcommittee of the State Capitol Preservation

214     Board -- Created -- Membership -- Operations.
215          Section 63C-9-703, Art Placement Subcommittee of the State Capitol Preservation
216     Board -- Duties.






Legislative Review Note
     as of 3-2-15 10:00 AM


Office of Legislative Research and General Counsel