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First Substitute H.B. 385

1    

UTAH STATE CAPITOL PRESERVATION BOARD

2    
1997 GENERAL SESSION

3    
STATE OF UTAH

4    
Sponsor: Melvin R. Brown

5    AN ACT RELATING TO STATE AFFAIRS IN GENERAL; ESTABLISHING A STATE
6    CAPITOL PRESERVATION BOARD; DEFINING ITS MEMBERSHIP,
7    RESPONSIBILITIES, JURISDICTION, POWERS, AND DUTIES; MAKING TECHNICAL
8    CORRECTIONS; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A
9    COORDINATION CLAUSE.
10    This act affects sections of Utah Code Annotated 1953 as follows:
11    AMENDS:
12         53-1-109, as last amended by Chapter 285, Laws of Utah 1996
13         55-5-6, as enacted by Chapter 174, Laws of Utah 1971
14         63A-5-204, as last amended by Chapters 79 and 159, Laws of Utah 1996
15         63A-5-206, as renumbered and amended by Chapters 212 and 263, Laws of Utah 1993
16         63A-5-212, as renumbered and amended by Chapter 212, Laws of Utah 1993
17    ENACTS:
18         63C-7-101, Utah Code Annotated 1953
19         63C-7-102, Utah Code Annotated 1953
20         63C-7-201, Utah Code Annotated 1953
21         63C-7-202, Utah Code Annotated 1953
22         63C-7-301, Utah Code Annotated 1953
23         63C-7-401, Utah Code Annotated 1953
24         63C-7-402, Utah Code Annotated 1953
25         63C-7-501, Utah Code Annotated 1953
26         63C-7-502, Utah Code Annotated 1953
27         63C-7-601, Utah Code Annotated 1953


1         63C-7-602, Utah Code Annotated 1953
2    This act enacts uncodified material.
3    Be it enacted by the Legislature of the state of Utah:
4        Section 1. Section 53-1-109 is amended to read:
5         53-1-109. Security for capitol complex -- Traffic and parking rules enforcement for
6     division -- Security personnel.
7        (1) As used in this section, "capitol hill facilities" and "capitol hill grounds" have the same
8    meaning as provided in Section 63C-7-102.
9        [(1)] (2) (a) The commissioner, [in cooperation with the director of the Division of
10    Facilities Construction and Management,] under the direction of the State Capitol Preservation
11    Board shall:
12        [(a)] (i) provide for the security of [grounds and buildings of the] capitol [complex] hill
13    facilities and capitol hill grounds; and
14        [(b)] (ii) enforce traffic provisions under Title 41, Chapter 6, Traffic Rules and
15    Regulations, and parking rules, as adopted by [the Division of Facilities Construction and
16    Management, for] the State Capitol Preservation Board, for capitol hill facilities and capitol hill
17    grounds.
18        (b) The commissioner, in cooperation with the director of the Division of Facilities
19    Construction and Management shall provide for the security of all grounds and buildings under
20    the jurisdiction of the Division of Facilities Construction and Management.
21        [(2)] (3) Security personnel required in Subsection (1), shall be peace officers as defined
22    in Section 77-1a-1, or security guards as defined in Title 58, Chapter 63, Security Personnel
23    Licensing Act.
24        Section 2. Section 55-5-6 is amended to read:
25         55-5-6. "Public office building" and "food service" defined.
26        As used in this [act] chapter:
27        [(2) The words "food] (1) "Food service" [include] includes restaurant, cafeteria, snack
28    bar, vending machines for food and beverages, and goods and services customarily offered in
29    connection with them.
30        [(1) The words "public] (2) (a) "Public office building" [mean the state capitol,] means
31    all county courthouses, all city or town halls, and all buildings used primarily for governmental

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1    offices of the state or any county, city, or town. [It]
2        (b) "Public office building" does not include capitol hill facilities as defined in Section
3    63A-7-102, public schools, state colleges, or state universities.
4        Section 3. Section 63A-5-204 is amended to read:
5         63A-5-204. Specific powers and duties of director.
6        (1) As used in this section, "capitol hill facilities" and "capitol hill grounds" have the same
7    meaning as provided in Section 63C-7-102.
8        [(1)] (2) The director shall:
9        (a) recommend rules to the executive director for the use and management of facilities and
10    grounds owned or occupied by the state for the use of its departments and agencies;
11        (b) supervise and control the allocation of space, in accordance with legislative directive
12    through the appropriations act or other specific legislation, to the various departments,
13    commissions, institutions, and agencies [in the capitol, the state office building, and] in all [other]
14    buildings or space owned, leased, or rented by or to the state, except capitol hill facilities and
15    capitol hill grounds and except as otherwise provided by law;
16        (c) comply with the procedures and requirements of Title 63A, Chapter 5, Part 3, Division
17    of Facilities Construction and Management Leasing;
18        (d) acquire, as authorized by the Legislature through the appropriations act or other
19    specific legislation, and hold title to, in the name of the division, all real property, buildings,
20    fixtures, or appurtenances owned by the state or any of its agencies;
21        [(e) recommend to the executive director rules to govern traffic flow and vehicle parking
22    on roadways and parking lots which surround the capitol and that are a part of Utah State Highway
23    293;]
24        [(f)] (e) adopt and use a common seal, of a form and design determined by the director,
25    and of which courts shall take judicial notice;
26        [(g)] (f) file a description and impression of the seal with the Division of Archives;
27        [(h)] (g) collect and maintain all deeds, abstracts of title, and all other documents
28    evidencing title to or interest in property belonging to the state or any of its departments, except
29    institutions of higher education and the School and Institutional Trust Lands Administration;
30        [(i)] (h) report all properties acquired by the state, except those acquired by institutions of
31    higher education, to the director of the Division of Finance for inclusion in the state's financial

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1    records; and
2        [(j)] (i) take all other action necessary for carrying out the purposes of this chapter.
3        [(2)] (3) (a) The director shall direct or delegate maintenance and operations, preventive
4    maintenance, and facilities inspection programs and activities for any department, commission,
5    institution, or agency, except:
6        (i) the State Capitol Preservation Board; and
7        (ii) state institutions of higher or public education.
8        (b) For functions other than administration, the following agencies are also exempt from
9    the provisions of Subsection [(2)](3):
10        (i) the Department of Transportation;
11        (ii) the School and Institutional Trust Lands Administration;
12        (iii) the Department of Corrections;
13        (iv) the Department of Natural Resources; and
14        (v) the Utah National Guard.
15        [(3)] (4) (a) In making any allocations of space under Subsection [(1)](2), the director
16    shall:
17        (i) conduct studies to determine the actual needs of each department, commission,
18    institution, or agency; and
19        (ii) comply with the restrictions contained in this Subsection [(3)](4).
20        (b) The supervision and control of the legislative area is reserved to the Legislature.
21        (c) The supervision and control of the judicial area is reserved to the judiciary for trial
22    courts only.
23        (d) The director may not supervise or control the allocation of space for:
24        (i) entities in the public and higher education systems; or
25        (ii) facilities under the jurisdiction of the State Capitol Preservation Board.
26        [(4)] (5) The director may:
27        (a) hire or otherwise procure assistance and services, professional, skilled, or otherwise,
28    that are necessary to carry out the director's responsibilities, and may expend funds provided for
29    that purpose either through annual operating budget appropriations or from nonlapsing project
30    funds;
31        (b) sue and be sued in the name of the division; and

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1        (c) hold, buy, lease, and acquire by exchange or otherwise, as authorized by the Legislature
2    through an appropriations act or other specific legislation, whatever real or personal property that
3    is necessary for the discharge of the director's duties.
4        [(5)] (6) Notwithstanding the provisions of Subsection [(1)](2)(d), the following entities
5    may hold title to any real property, buildings, fixtures, and appurtenances held by them for
6    purposes other than administration that are under their control and management:
7        (a) the Office of Trust Administrator;
8        (b) the Department of Transportation;
9        (c) the Division of Forestry, Fire and State Lands;
10        (d) the Department of Natural Resources;
11        (e) the Utah National Guard;
12        (f) any area vocational center or other institution administered by the State Board of
13    Education; and
14        (g) any institution of higher education.
15        [(6)] (7) Notwithstanding Subsections (1)(c) and (d), the School and Institutional Trust
16    Lands Administration may hold title to any real property, buildings, fixtures, and appurtenances
17    held by it that are under its control and management.
18        Section 4. Section 63A-5-206 is amended to read:
19         63A-5-206. Construction, alteration, and repair of state facilities -- Powers of
20     director -- Expenditure of appropriations.
21        (1) As used in this section:
22        (a) "Analysis" means an economic assessment of competing design and maintenance
23    alternatives, the object of which is to reduce cost and conserve energy.
24        (b) "Capital developments" means any:
25        (i) remodeling, site, or utility projects with a total cost of $1,000,000 or more;
26        (ii) addition of new space that will cost more than $100,000; or
27        (iii) land acquisition where an appropriation is requested.
28        (c) "Capital improvements" means any:
29        (i) remodeling, alteration, repair project with a total cost of less than $1,000,000; or
30        (ii) site and utility improvement with a total cost of less than $1,000,000.
31        (d) "Life cycle cost-effective" means the lowest cost of owning and operating a facility

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1    over a 25-year period, including the initial cost, energy costs, operation and maintenance costs,
2    repair costs, and the costs of energy conservation and renewable energy systems.
3        (e) "Renewable energy system" means a system designed to use solar, wind, geothermal
4    power, wood, or other replenishable energy source to heat, cool, or provide electricity to a
5    building.
6        (f) "State-owned facilities" means those facilities identified in Section 63A-5-212.
7        (2) The director shall prepare or have prepared by private firms or individuals designs,
8    plans, and specifications for the various buildings and improvements, and other work carried out
9    by the division.
10        (3) (a) (i) Except as provided in Subsection (a)(ii), and except for facilities under the
11    jurisdiction of the State Capitol Preservation Board, the director shall recommend the need for and
12    exercise direct supervision over the design and construction of all alterations, repairs, and
13    improvements to all existing facilities of the state, its departments, commissions, institutions, and
14    agencies if the total project construction cost is greater than $100,000.
15        (ii) The director may:
16        (A) authorize a department, commission, institution, or agency to control design and
17    construction of alterations, repairs, and improvements when the total project construction cost is
18    greater than $100,000 by following the delegation requirements and procedures of Subsection (c);
19    or
20        (B) by rule, authorize a particular department, commission, institution, or agency to
21    control design and construction on projects within a particular dollar range and a particular project
22    type.
23        (b) Except for the placement or installation of works of art through Title 9, Chapter 6, Part
24    4, Utah Percent-for-Art Act, and except for facilities under the jurisdiction of the State Capitol
25    Preservation Board, an existing facility may not be altered, repaired, or improved on the property
26    of any state institution, department, commission, or agency if the total project construction cost
27    exceeds $100,000 until the location, design, plans, and specifications are approved by the director
28    and the officials charged with the administration of the affairs of the particular department,
29    commission, institution, or agency.
30        (c) (i) The director may delegate control over design, construction, and all other aspects
31    of any project to entities of state government on a project-by-project basis if the state entity

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1    requests that delegation in writing and the State Building Board approves the delegation.
2        (ii) (A) The director, his designee, or the state entity to whom control has been designated
3    pursuant to Subsection (5)(c)(i) shall notify in writing the elected representatives of local
4    government entities directly and substantively affected by any diagnostic, treatment, parole,
5    probation, or other secured facility project exceeding $250,000, if:
6        (I) the nature of the project has been significantly altered since prior notification or
7    approval;
8        (II) the project would significantly change the nature of the functions presently conducted
9    at the location;
10        (III) the project adds 50% or more square feet to the area of the facility; or
11        (IV) the project is new construction.
12        (B) At the request of either the state entity or the local government entity, representatives
13    from the state entity and the affected local entity shall conduct or participate in a local public
14    hearing or hearings to discuss these issues.
15        (iii) The state entity to whom control is delegated shall assume fiduciary control over
16    project finances, shall assume all responsibility for project budgets and expenditures, and shall
17    receive all funds appropriated for the project, including any contingency funds contained in the
18    appropriated project budget.
19        (iv) Delegation of project control does not exempt the state entity from complying with
20    the codes and guidelines for design and construction adopted by the division and the State
21    Building Board.
22        (v) State entities that receive a delegated project may not have access to the building board
23    contingency funds authorized in Section 63A-5-209 for the delegated project.
24        (4) (a) The director shall be responsible to ensure that state-owned facilities h [ under its ] , h
25     h [jurisdiction and control ] EXCEPT FOR FACILITIES UNDER THE CONTROL OF THE STATE
25a     CAPITOL PRESERVATION BOARD, h are life cycle cost-effective.
26        (b) The estimated cost of the analysis shall be included in each program budget document
27    and in the project funding request submitted to the State Building Board, the governor, and the
28    Legislature.
29        (c) The final cost estimate shall reflect the most life cycle cost-effective building.
30        (d) The director, in consultation with the State Building Board and Division of Energy,
31    shall make rules to implement this subsection by following the procedures and requirements of
lilac-February 27, 1997

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1    Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
2        (e) The State Building Board may exempt a facility from being life cycle cost-effective
3    pursuant to rules, after reviewing and concurring with a written request and justification from the
4    director.
5        (5) (a) [The] Except for facilities constructed on property under the jurisdiction of the State
6    Capitol Preservation Board, the director shall recommend the need for and exercise direct
7    supervision over the design and construction of all new facilities of the state, its departments,
8    commissions, institutions, and agencies if the total project construction cost is in excess of
9    $100,000.
10        (b) (i) Except for the placement or installation of works of art under Title 9, Chapter 6, Part
11    4, Utah Percent-for-Art Act, and except for facilities constructed on property under the jurisdiction
12    of the State Capitol Preservation Board, a new facility may not be constructed on the property of
13    any state department, commission, institution, or agency if the total project construction cost of
14    the facility, regardless of the funding source, exceeds $100,000, until the construction of the
15    facility has been approved by the Legislature in an Appropriations Act or by other specific
16    legislation, and the location, design, plans, and specifications are approved by the director and the
17    official charged with the administration of the affairs of the particular department, commission,
18    institution, or agency.
19        (ii) Facilities to be built with nonstate funds and owned and occupied by nonstate entities
20    within research park areas are exempt from this Subsection (5)(b).
21        (iii) Facilities to be built for the Utah National Guard for which the funding for
22    construction, operations, and maintenance are derived totally from the United States Government
23    are exempt from the requirement of obtaining legislative approval required by this Subsection
24    (5)(b).
25        (c) (i) The director may delegate control over design, construction, and all other aspects
26    of any project to entities of state government on a project-by-project basis if the state entity
27    requests that delegation in writing and the State Building Board approves the delegation.
28        (ii) The state entity to whom control is delegated shall assume fiduciary control over
29    project finances, shall assume all responsibility for project budgets and expenditures, and shall
30    receive all funds appropriated for the project, including any contingency funds contained in the
31    appropriated project budget.

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1        (iii) Delegation of project control does not exempt the state entity from complying with
2    the codes and guidelines for design and construction adopted by the division and the State
3    Building Board.
4        (iv) State entities that receive a delegated project may not have access to the building
5    board contingency funds authorized in Section 63A-5-209 for the delegated project.
6        (6) The director may expend appropriations for statewide projects from funds provided
7    by the Legislature for those specific purposes and within guidelines established by the State
8    Building Board.
9        (7) (a) The director, with the approval of the Office of Legislative Fiscal Analyst, shall
10    develop standard forms to present capital development and capital improvement cost summary
11    data.
12        (b) The director shall:
13        (i) within 30 days after the completion of each capital development project, submit cost
14    summary data for the project on the standard form to the Office of Legislative Fiscal Analyst; and
15        (ii) upon request, submit cost summary data for a capital improvement project to the
16    Office of Legislative Fiscal Analyst on the standard form.
17        (8) Notwithstanding the requirements of Title 63, Chapter 38, Budgetary Procedures Act,
18    the director may:
19        (a) accelerate the design of projects funded by any appropriation act passed by the
20    Legislature in its annual general session;
21        (b) use any unencumbered existing account balances to fund that design work; and
22        (c) reimburse those account balances from the amount funded for those projects when the
23    appropriation act funding the project becomes effective.
24        Section 5. Section 63A-5-212 is amended to read:
25         63A-5-212. Buildings for which director responsible.
26        (1) As used in this section, "capitol hill facilities" and "capitol hill grounds" have the same
27    meaning as provided in Section 63C-7-102.
28        (2) The director [shall be] is responsible for [the state capitol, the state capitol grounds,
29    the state office building, other]:
30        (a) rooms or buildings hired to house state departments and agencies[, and];
31        (b) all other buildings owned by the state [on capitol hill,] other than the capitol hill

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1    facilities and capitol hill grounds; and
2        (c) other facilities as assigned[, and].
3        (2) The director shall [keep] ensure that those facilities are kept in good repair.
4        Section 6. Section 63C-7-101 is enacted to read:
5    
CHAPTER 7. STATE CAPITOL PRESERVATION BOARD

6    
Part 1. General Provisions

7         63C-7-101. Title.
8        This chapter is known as the "State Capitol Preservation Board."
9        Section 7. Section 63C-7-102 is enacted to read:
10         63C-7-102. Definitions.
11        (1) "Board" means the State Capitol Preservation Board created by Section 63C-7-201.
12        (2) "Capitol hill" means the grounds, monuments, parking lots, buildings, and other
13    man-made and natural objects within the area bounded by 300 North Street, Columbus Street, 500
14    North Street, and East Capitol Street.
15        (3) (a) "Capitol hill facilities" means all of the building on capitol hill, and the exterior
16    steps, entrances, streets, and parking lots adjacent to those buildings.
17        (b) "Capitol hill facilities" does not mean the greenhouses located on capitol hill.
18        (4) "Capitol hill grounds" means the unpaved areas of capitol hill.
19        (5) "Executive director" means the executive director appointed by the board under Section
20    63C-7-401.
21        Section 8. Section 63C-7-201 is enacted to read:
22    
Part 2. State Capitol Preservation Board

23         63C-7-201. State Capitol Preservation Board -- Creation -- Membership.
24        (1) There is created the State Capitol Preservation Board.
25        (2) The board shall consist of the following seven members:
26        (a) the governor;
27        (b) the president of the Senate;
28        (c) the speaker of the House of Representatives;
29        (d) one member appointed by the governor;
30        (e) one member appointed by the president of the Senate;
31        (f) one member appointed by the speaker of the House of Representatives; and

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1        (g) one member selected by a majority vote of the other six members.
2        Section 9. Section 63C-7-202 is enacted to read:
3         63C-7-202. Terms -- Vacancies-- Chair --Meetings -- Compensation.
4        (1) (a) The governor, president of the Senate, and speaker of the House shall serve terms
5    coterminous with their term as governor, president, and speaker.
6        (b) The other members shall serve two-year terms.
7        (2) Vacancies in the appointed positions shall be filled by the original appointing authority
8    for the unexpired term.
9        (3) The governor is chair of the board.
10        (4) The board shall meet at least quarterly and at other times at the call of the governor or
11    if four members of the board request a meeting.
12        (5) (a) (i) Members who are not government employees shall receive no compensation or
13    benefits for their services, but may receive per diem and expenses incurred in the performance of
14    the member's official duties at the rates established by the Division of Finance under Sections
15    63A-3-106 and 63A-3-107.
16        (ii) Members may decline to receive per diem and expenses for their service.
17        (b) (i) State government officers and employee members who do not receive salary, per
18    diem, or expenses from their agency for their service may receive per diem and expenses incurred
19    in the performance of their official duties from the committee at the rates established by the
20    Division of Finance under Sections 63A-3-106 and 63A-3-107.
21        (ii) State government officer and employee members may decline to receive per diem and
22    expenses for their service.
23        (c) Legislative members receive the expenses authorized by legislative rule.
24        Section 10. Section 63C-7-301 is enacted to read:
25         63C-7-301. Board powers.
26        (1) The board shall:
27        (a) except as provided in Subsection (2), exercise complete jurisdiction over capitol hill
28    facilities and capitol hill grounds;
29        (b) preserve, maintain, and restore h [ the State Capitol Building, the State Office
29a     Building, ] CAPITOL HILL FACILITIES, CAPITOL HILL GROUNDS, AND h
30    their contents h [, and their grounds ] h ;
31        (c) consult with the Division of Facilities Construction and Management, the State Library
lilac-February 27, 1997


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1    Division, the Division of Archives and Records Services, the Division of State History, the Office
2    of Museum Services, and the Arts Council when necessary;
3        (d) review and approve the executive director's:
4        (i) annual budget and work plan;
5        (ii) long-range master plan for the capitol hill facilities and capitol hill grounds; and
6        (iii) furnishings plan for placement and care of objects under the care of the board;
7        (e) approve all changes to the buildings and their grounds, including:
8        (i) restoration, remodeling, and rehabilitation projects;
9        (ii) usual maintenance; and
10        (iii) any transfers or loans of objects under the board's care;
11        (f) after consultation with the Division of Facilities Construction and Management, State
12    Library Division, the Division of Archives and Records Services, the Division of State History,
13    the Office of Museum Services, and the Arts Council, define and identify all significant aspects
14    of capitol hill facilities and capitol hill grounds;
15        (g) after consultation with the Division of Facilities Construction and Management, State
16    Library Division, the Division of Archives and Records Services, the Division of State History,
17    the Office of Museum Services, and the Arts Council, inventory, define, and identify all significant
18    contents of the buildings and all state-owned items of historical significance that were at one time
19    in the buildings;
20        (h) maintain archives relating to the construction and development of the buildings, the
21    contents of the buildings and their grounds, including documents such as plans, specifications,
22    photographs, purchase orders, and other related documents, the original copies of which shall be
23    maintained by the Division of Archives and Records Service;
24        (i) comply with federal and state laws related to program and facility accessibility; and
25        (j) establish procedures for receiving, hearing, and deciding complaints or other issues
26    raised about the capitol hill facilities, capitol hill grounds, or their use.
27        (2) Notwithstanding Subsection (1)(a), the supervision and control of the legislative area
28    is reserved to the Legislature.
29        (3) (a) The board shall make rules to govern, administer, and regulate the capitol hill
30    facilities and capitol hill grounds.
31        (b) A person who violates a rule adopted by the board under the authority of this

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1    Subsection h [ (2) ] (3) h is guilty of a class C misdemeanor.
2        (c) The board may not apply this section or rules adopted under the authority of this
3    section in a manner that violates a person's rights under the Utah Constitution or the First
4    Amendment to the United States Constitution, including the right of persons to peaceably
5    assemble.
6        (d) The board shall send proposed rules under this section to the legislative general counsel
7    and the governor's general counsel for review and comment before the board adopts the rules.
8        (4) The board is exempt from the requirements of Title 63, Chapter 56, Utah Procurement
9    Code, but shall adopt procurement rules substantially similar to the requirements of that chapter.
10        (5) The board may:
11        (a) establish fees for the use of capitol hill facilities and grounds;
12        (b) assign and allocate specific duties and responsibilities to any other state agency, if the
13    other agency agrees to perform the duty or accept the responsibility; and
14        (c) contract with another state agency to provide services.
15        (6) The board, and the employees of the board may not:
16        (a) move the office of the governor, lieutenant governor, president of the Senate, speaker
17    of the House of Representatives, or a member of the Legislature from the State Capitol Building
18    unless the removal is approved by:
19        (i) the governor, in the case of the governor's office;
20        (ii) the lieutenant governor, in the case of the lieutenant governor's office;
21        (iii) the president of the Senate, in the case of the president's office or the office of a
22    member of the Senate; or
23        (iv) the speaker of the House of Representatives, in the case of the speaker's office or the
24    office of a member of the House.
25        (b) The board and the employees of the board have no control over the furniture,
26    furnishings, and decorative objects in the offices of the governor, lieutenant governor, or the
27    members of the Legislature except as necessary to inventory or conserve items of historical
28    significance owned by the state.
29        (c) The board and the employees of the board have no control over records and documents
30    produced by or in the custody of a state agency, official, or employee having an office in a building
31    on capitol hill.
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lilac-February 27, 1997


31a         h (d) EXCEPT FOR ITEMS IDENTIFIED BY THE BOARD AS HAVING HISTORICAL SIGNIFICANCE,
3 1b      AND EXCEPT AS PROVIDED IN SUBSECTION (6)(b), THE BOARD AND THE EMPLOYEES OF
31c      THE BOARD HAVE NO CONTROL OVER MOVEABLE FURNISHINGS AND EQUIPMENT IN THE CUSTODY
31d      OF A STATE AGENCY, OFFICIAL, OR EMPLOYEE HAVING AN OFFICE IN A BUILDING ON CAPITOL
3 1e      HILL. h























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1        Section 11. Section 63C-7-401 is enacted to read:
2         63C-7-401. Executive director.
3        The board shall appoint an executive director to assist them in performing their duties
4    under this chapter.
5        Section 12. Section 63C-7-402 is enacted to read:
6         63C-7-402. Executive director -- Duties.
7        The executive director shall:
8        (1) develop for board approval a master plan with a projection of at least 20 years
9    concerning the maintenance, preservation, restoration, and modification of the capitol hill facilities
10    and capitol hill grounds, including, if directed by the board, a plan to restore the buildings to their
11    original architecture;
12        (2) develop for board approval a furnishings plan for the placement and care of objects
13    under the care of the board;
14        (3) prepare, and recommend for board approval, an annual budget and work plan
15    consistent with the master plan and the furnishings plan for all work under this chapter, including
16    usual maintenance for the buildings, their contents, and their grounds;
17        (4) develop a program to purchase or accept by donation, permanent loan, or outside
18    funding items necessary to implement the master plan;
19        (5) develop and maintain a registration system and inventory of the contents of the capitol
20    hill facilities and capitol hill grounds and of the original documents relating to the buildings'
21    construction and alteration;
22        (6) develop a program to purchase or accept by donation, permanent loan, or outside
23    funding items of historical significance that were at one time in the capitol hill facilities and that
24    are not owned by the state;
25        (7) develop a program to locate and acquire state-owned items of historical significance
26    that were at one time in the buildings;
27        (8) develop a collections policy regarding the items of historic significance as identified
28    in the registration system and inventory for the approval of the board;
29        (9) assist in matters dealing with the preservation of historic materials;
30        (10) make recommendations on conservation needs and make arrangements to contract
31    for conservation services for objects of significance;

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1        (11) make recommendations for the transfer or loan of objects of significance as detailed
2    in the approved collections policy;
3        (12) make recommendations to transfer, sell, or otherwise dispose of unused surplus
4    property that is not of significance as defined in the collections policy and by the registration
5    system;
6        (13) approve all exhibits placed in the buildings;
7        (14) employ staff to assist him in administering this chapter and direct and coordinate their
8    activities;
9        (15) contract for professional services of qualified consultants, including architectural
10    historians, landscape architects with experience in landscape architectural preservation,
11    conservators, historians, historic architects, engineers, and craftsmen; and
12        (16) prepare annually a complete and detailed written report for the board that accounts
13    for all funds received and disbursed by the board during the preceding fiscal year.
14        Section 13. Section 63C-7-501 is enacted to read:
15    
Part 5. Fund Raising and Donations

16         63C-7-501. Soliciting donations.
17        (1) The executive director, under the direction of the board, shall:
18        (a) develop plans and programs to solicit gifts, money, and items of value from private
19    persons, foundations, or organizations; and
20        (b) actively solicit donations from those persons and entities.
21        (2) h (a) h Property provided by those entities are the property of the state and are under the
22    control of the board.
22a         h (b) SUBSECTION (2)(a) DOES NOT APPLY TO TEMPORARY EXHIBITS OR TO THE
22b      PERSONAL PROPERTY OF PERSONS HAVING AN OFFICE IN A BUILDING ON CAPITOL HILL. h
23        (3) The board shall:
24        (a) deposit monies donated to the board into the State Capitol Fund established by this
25    part; and
26        (b) use gifts of money made to the board for the purpose specified by the grantor, if any.
27         h [ (4) This section does not apply to temporary exhibits or property of a person having an
28    office in the State Capitol Building or State Office Building.
] h

29        Section 14. Section 63C-7-502 is enacted to read:
30         63C-7-502. Fund created -- Donations.
31        (1) There is created a special revenue fund entitled the "State Capitol Fund."
lilac-February 27, 1997

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1        (2) The fund consists of monies generated from the following revenue sources:
2        (a) any donations, deposits, contributions, gifts, money, and items of value received from
3    private persons, foundations, or organizations;
4        (b) appropriations made to the fund by the Legislature; and
5        (c) monies received by the board from the federal government.
6        (3) (a) The fund shall earn interest.
7        (b) All interest earned on fund monies shall be deposited into the fund.
8        (4) The board may use fund monies to:
9        (a) acquire historical and other items to furnish the capitol hill facilities;
10        (b) pay for the repair and maintenance of the capitol hill facilities and capitol hill grounds;
11        (c) pay for the rehabilitation of the capitol hill facilities and capitol hill grounds; and
12        (d) fund all costs incurred in complying with this chapter.
13        Section 15. Section 63C-7-601 is enacted to read:
14    
Part 6. Custody, Control, and Acquisition of Furnishings

15         63C-7-601. Responsibility for items.
16        Furniture, furnishings, fixtures, works of art, and decorative objects for which the board
17    has responsibility under this chapter are not subject to the custody or control of the State Library
18    Board, State Library Division, the Division of Archives and Records Services, the Division of
19    State History, the Office of Museum Services, the Arts Council, the Division of Fine Arts, the
20    Institute of Fine Arts, the Alice Art Collection Committee, or any other state agency.
21        Section 16. Section 63C-7-602 is enacted to read:
22         63C-7-602. Transfer of certain historical items.
23        (1) (a) A state agency or other state entity that possesses a state-owned item identified by
24    the executive director and the board as an item of historical significance that was at one time
25    located in the capitol hill facilities shall transfer the item to the inventory of the board at the
26    direction of the executive director not later than the 60th day after the date that the executive
27    director notifies the agency or entity.
28        (b) The state agency or other state entity shall subsequently transfer physical possession
29    of the item to the board in accordance with policies and procedures established by the board.
30        (2) This section does not apply to records or documents in the custody of the Division of
31    Archives and Records Management.

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1        Section 17. Transition clause.
2        (1) The facility use rules adopted by the Division of Facilities Construction and
3    Management govern the use of the state capitol complex until January 1, 1998, or until new rules
4    are adopted by the State Capitol Preservation Board, whichever is sooner.
5        (2) After the board is appointed, and until it assumes full responsibility for capitol hill
6    facilities and capitol hill grounds on July 1, 1997, the Division of Facilities h CONSTRUCTION AND
6a     MANAGEMENT h shall:
7        (a) consult with the board about issues involving capitol hill facilities and capitol hill
8    grounds; and
9        (b) obtain board approval before executing any contracts, making any decisions, or
10    establishing any policies that have a significant impact on capitol hill facilities, capitol hill
11    grounds, or both.
12        Section 18. Effective date.
13        This act takes effect on July 1, 1997.
14        Section 19. Coordination clause.
15    (1) If H.B. 8, Capitol Art Placement Commission, and this bill, H.B. 385, Utah State Capitol
16    Preservation Board, both pass, it is the intent of the Legislature that:
17        1. Section 63A-5-402(4)(b) of H. B. 8, Capitol Art Placement Commission, is amended
18    to read:
19        "[The director of the Division of Facilities Construction and Management or his designee]
20    The executive director of the State Capitol Preservation Board is the nonvoting secretary
21    to the commission and shall provide staff services to the commission."
22        2. Section 63A-5-403 of H. B. 8, Capitol Art Placement Commission, is amended to read:
23        "(1) The commission shall:
24        (a) review and [approve] make recommendations about the content and placement of each
25    new piece of art to be placed within any public area of the State Capitol Building to the
26    State Capitol Preservation Board;
27        (b) review and [approve] make recommendations about any proposals for removing or
28    relocating any piece of art contained in any public area of the State Capitol Building to the
29    State Capitol Preservation Board; and
30        (c) review and [approve] make recommendations about the content and placement of each
31    new exhibit to be placed within any public area of the State Capitol Building[;] to the State Capitol
lilac-February 27, 1997

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1    Preservation Board.
2        [(d) comply with the provisions of Title 63, Chapter 46a, Utah Administrative Rulemaking
3    Act, in making rules establishing procedures and requirements for placement of art and
4    exhibits in the State Capitol Building.]
5        (2) The commission may[, after consultation with affected government agencies,] review
6    and make recommendations about any proposals for remodeling within the State Capitol
7    Building to the State Capitol Preservation Board.
8        [(3) (a) If any conflicts exist between this part and Title 63A, Chapter 5, Part 2, Division
9    of Facilities Construction and Management, this part takes precedence.]
10        [(b)] (3) If any conflicts exist between this part and Section 36-5-1, Section 36-5-1 takes
11    precedence."
12        3. Sections 63A-5-401, 63A-5-402, and 63A-5-403 from H. B. 8, Capitol Art Placement
13    Commission, be codified as Sections 63C-7-701, 63C-7-702, and 63C-7-703.
14    (2) It is the intent of the Legislature that if this bill and House Bill 3, State Buildings -- Preventive
15    Maintenance, both pass that:
16        Subsection 63A-5-204(2)(c) be amended as follows:
17        1. After "education" insert "and the State Capitol Preservation Board".
18        Subsection 63A-5-204(2)(e) be amended as follows:
19        1. After "institutions" insert ", except the State Capitol Preservation Board,"

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