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H.B. 385 Enrolled

    

UTAH STATE CAPITOL PRESERVATION BOARD

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: Melvin R. Brown

    AN ACT RELATING TO STATE AFFAIRS IN GENERAL; ESTABLISHING A STATE
    CAPITOL PRESERVATION BOARD; DEFINING ITS MEMBERSHIP,
    RESPONSIBILITIES, JURISDICTION, POWERS, AND DUTIES; MAKING
    TECHNICAL CORRECTIONS; PROVIDING AN EFFECTIVE DATE; AND
    PROVIDING A COORDINATION CLAUSE.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         53-1-109, as last amended by Chapter 285, Laws of Utah 1996
         55-5-6, as enacted by Chapter 174, Laws of Utah 1971
         63A-5-204, as last amended by Chapters 79 and 159, Laws of Utah 1996
         63A-5-206, as renumbered and amended by Chapters 212 and 263, Laws of Utah 1993
         63A-5-212, as renumbered and amended by Chapter 212, Laws of Utah 1993
    ENACTS:
         63C-7-101, Utah Code Annotated 1953
         63C-7-102, Utah Code Annotated 1953
         63C-7-201, Utah Code Annotated 1953
         63C-7-202, Utah Code Annotated 1953
         63C-7-301, Utah Code Annotated 1953
         63C-7-401, Utah Code Annotated 1953
         63C-7-402, Utah Code Annotated 1953
         63C-7-501, Utah Code Annotated 1953
         63C-7-502, Utah Code Annotated 1953
         63C-7-601, Utah Code Annotated 1953
         63C-7-602, Utah Code Annotated 1953
    This act enacts uncodified material.


    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 53-1-109 is amended to read:
         53-1-109. Security for capitol complex -- Traffic and parking rules enforcement for
     division -- Security personnel.
        (1) As used in this section, "capitol hill facilities" and "capitol hill grounds" have the same
    meaning as provided in Section 63C-7-102.
        [(1)] (2) (a) The commissioner, [in cooperation with the director of the Division of Facilities
    Construction and Management,] under the direction of the State Capitol Preservation Board, shall:
        [(a)] (i) provide for the security of [grounds and buildings of the] capitol [complex] hill
    facilities and capitol hill grounds; and
        [(b)] (ii) enforce traffic provisions under Title 41, Chapter 6, Traffic Rules and Regulations,
    and parking rules, as adopted by [the Division of Facilities Construction and Management, for] the
    State Capitol Preservation Board, for capitol hill facilities and capitol hill grounds.
        (b) The commissioner, in cooperation with the director of the Division of Facilities
    Construction and Management shall provide for the security of all grounds and buildings under the
    jurisdiction of the Division of Facilities Construction and Management.
        [(2)] (3) Security personnel required in Subsection (1)[,] shall be peace officers as defined
    in Section 77-1a-1[,] or security guards as defined in Title 58, Chapter 63, Security Personnel
    Licensing Act.
        Section 2. Section 55-5-6 is amended to read:
         55-5-6. Definitions.
        As used in this [act] chapter:
        [(2) The words "food] (1) "Food service" [include] includes restaurant, cafeteria, snack bar,
    vending machines for food and beverages, and goods and services customarily offered in connection
    with them.
        [(1) The words "public] (2) (a) "Public office building" [mean the state capitol,] means all
    county courthouses, all city or town halls, and all buildings used primarily for governmental offices
    of the state or any county, city, or town. [It]

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

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        [(i)] (h) report all properties acquired by the state, except those acquired by institutions of
    higher education, to the director of the Division of Finance for inclusion in the state's financial
    records; and
        [(j)] (i) take all other action necessary for carrying out the purposes of this chapter.
        [(2)] (3) (a) The director shall direct or delegate maintenance and operations, preventive
    maintenance, and facilities inspection programs and activities for any department, commission,
    institution, or agency, except:
        (i) the State Capitol Preservation Board; and
        (ii) state institutions of higher or public education.
        (b) For functions other than administration, the following agencies are also exempt from the
    provisions of Subsection [(2)] (3):
        (i) the Department of Transportation;
        (ii) the School and Institutional Trust Lands Administration;
        (iii) the Department of Corrections;
        (iv) the Department of Natural Resources; and
        (v) the Utah National Guard.
        [(3)] (4) (a) In making any allocations of space under Subsection [(1)] (2), the director shall:
        (i) conduct studies to determine the actual needs of each department, commission,
    institution, or agency; and
        (ii) comply with the restrictions contained in this Subsection [(3)] (4).
        (b) The supervision and control of the legislative area is reserved to the Legislature.
        (c) The supervision and control of the judicial area is reserved to the judiciary for trial courts
    only.
        (d) The director may not supervise or control the allocation of space for:
        (i) entities in the public and higher education systems; or
        (ii) facilities under the jurisdiction of the State Capitol Preservation Board.
        [(4)] (5) The director may:
        (a) hire or otherwise procure assistance and services, professional, skilled, or otherwise, that

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    are necessary to carry out the director's responsibilities, and may expend funds provided for that
    purpose either through annual operating budget appropriations or from nonlapsing project funds;
        (b) sue and be sued in the name of the division; and
        (c) hold, buy, lease, and acquire by exchange or otherwise, as authorized by the Legislature
    through an appropriations act or other specific legislation, whatever real or personal property that
    is necessary for the discharge of the director's duties.
        [(5)] (6) Notwithstanding the provisions of Subsection [(1)](2)(d), the following entities may
    hold title to any real property, buildings, fixtures, and appurtenances held by them for purposes other
    than administration that are under their control and management:
        (a) the Office of Trust Administrator;
        (b) the Department of Transportation;
        (c) the Division of Forestry, Fire and State Lands;
        (d) the Department of Natural Resources;
        (e) the Utah National Guard;
        (f) any area vocational center or other institution administered by the State Board of
    Education; and
        (g) any institution of higher education.
        [(6)] (7) Notwithstanding Subsections (1)(c) and (d), the School and Institutional Trust
    Lands Administration may hold title to any real property, buildings, fixtures, and appurtenances held
    by it that are under its control and management.
        Section 4. Section 63A-5-206 is amended to read:
         63A-5-206. Construction, alteration, and repair of state facilities -- Powers of director
     -- Expenditure of appropriations.
        (1) As used in this section:
        (a) "Analysis" means an economic assessment of competing design and maintenance
    alternatives, the object of which is to reduce cost and conserve energy.
        (b) "Capital developments" means any:
        (i) remodeling, site, or utility projects with a total cost of $1,000,000 or more;

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        (ii) addition of new space that will cost more than $100,000; or
        (iii) land acquisition where an appropriation is requested.
        (c) "Capital improvements" means any:
        (i) remodeling, alteration, repair project with a total cost of less than $1,000,000; or
        (ii) site and utility improvement with a total cost of less than $1,000,000.
        (d) "Life cycle cost-effective" means the lowest cost of owning and operating a facility over
    a 25-year period, including the initial cost, energy costs, operation and maintenance costs, repair
    costs, and the costs of energy conservation and renewable energy systems.
        (e) "Renewable energy system" means a system designed to use solar, wind, geothermal
    power, wood, or other replenishable energy source to heat, cool, or provide electricity to a building.
        (f) "State-owned facilities" means those facilities identified in Section 63A-5-212.
        (2) The director shall prepare or have prepared by private firms or individuals designs, plans,
    and specifications for the various buildings and improvements, and other work carried out by the
    division.
        (3) (a) (i) Except as provided in Subsection (a)(ii), and except for facilities under the
    jurisdiction of the State Capitol Preservation Board, the director shall recommend the need for and
    exercise direct supervision over the design and construction of all alterations, repairs, and
    improvements to all existing facilities of the state, its departments, commissions, institutions, and
    agencies if the total project construction cost is greater than $100,000.
        (ii) The director may:
        (A) authorize a department, commission, institution, or agency to control design and
    construction of alterations, repairs, and improvements when the total project construction cost is
    greater than $100,000 by following the delegation requirements and procedures of Subsection (c);
    or
        (B) by rule, authorize a particular department, commission, institution, or agency to control
    design and construction on projects within a particular dollar range and a particular project type.
        (b) Except for the placement or installation of works of art through Title 9, Chapter 6, Part
    4, Utah Percent-for-Art Act, and except for facilities under the jurisdiction of the State Capitol

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    Preservation Board, an existing facility may not be altered, repaired, or improved on the property
    of any state institution, department, commission, or agency if the total project construction cost
    exceeds $100,000 until the location, design, plans, and specifications are approved by the director
    and the officials charged with the administration of the affairs of the particular department,
    commission, institution, or agency.
        (c) (i) The director may delegate control over design, construction, and all other aspects of
    any project to entities of state government on a project-by-project basis if the state entity requests
    that delegation in writing and the State Building Board approves the delegation.
        (ii) (A) The director, his designee, or the state entity to whom control has been designated
    pursuant to Subsection (5)(c)(i) shall notify in writing the elected representatives of local
    government entities directly and substantively affected by any diagnostic, treatment, parole,
    probation, or other secured facility project exceeding $250,000, if:
        (I) the nature of the project has been significantly altered since prior notification or approval;
        (II) the project would significantly change the nature of the functions presently conducted
    at the location;
        (III) the project adds 50% or more square feet to the area of the facility; or
        (IV) the project is new construction.
        (B) At the request of either the state entity or the local government entity, representatives
    from the state entity and the affected local entity shall conduct or participate in a local public hearing
    or hearings to discuss these issues.
        (iii) The state entity to whom control is delegated shall assume fiduciary control over project
    finances, shall assume all responsibility for project budgets and expenditures, and shall receive all
    funds appropriated for the project, including any contingency funds contained in the appropriated
    project budget.
        (iv) Delegation of project control does not exempt the state entity from complying with the
    codes and guidelines for design and construction adopted by the division and the State Building
    Board.
        (v) State entities that receive a delegated project may not have access to the building board

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    contingency funds authorized in Section 63A-5-209 for the delegated project.
        (4) (a) The director shall be responsible to ensure that state-owned facilities, except for
    facilities under the control of the State Capitol Preservation Board, are life cycle cost-effective.
        (b) The estimated cost of the analysis shall be included in each program budget document
    and in the project funding request submitted to the State Building Board, the governor, and the
    Legislature.
        (c) The final cost estimate shall reflect the most life cycle cost-effective building.
        (d) The director, in consultation with the State Building Board and Division of Energy, shall
    make rules to implement this subsection by following the procedures and requirements of Title 63,
    Chapter 46a, Utah Administrative Rulemaking Act.
        (e) The State Building Board may exempt a facility from being life cycle cost-effective
    pursuant to rules, after reviewing and concurring with a written request and justification from the
    director.
        (5) (a) [The] Except for facilities constructed on property under the jurisdiction of the State
    Capitol Preservation Board, the director shall recommend the need for and exercise direct
    supervision over the design and construction of all new facilities of the state, its departments,
    commissions, institutions, and agencies if the total project construction cost is in excess of $100,000.
        (b) (i) Except for the placement or installation of works of art under Title 9, Chapter 6, Part
    4, Utah Percent-for-Art Act, and except for facilities constructed on property under the jurisdiction
    of the State Capitol Preservation Board, a new facility may not be constructed on the property of any
    state department, commission, institution, or agency if the total project construction cost of the
    facility, regardless of the funding source, exceeds $100,000, until the construction of the facility has
    been approved by the Legislature in an Appropriations Act or by other specific legislation, and the
    location, design, plans, and specifications are approved by the director and the official charged with
    the administration of the affairs of the particular department, commission, institution, or agency.
        (ii) Facilities to be built with nonstate funds and owned and occupied by nonstate entities
    within research park areas are exempt from this Subsection (5)(b).
        (iii) Facilities to be built for the Utah National Guard for which the funding for construction,

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    operations, and maintenance are derived totally from the United States Government are exempt from
    the requirement of obtaining legislative approval required by this Subsection (5)(b).
        (c) (i) The director may delegate control over design, construction, and all other aspects of
    any project to entities of state government on a project-by-project basis if the state entity requests
    that delegation in writing and the State Building Board approves the delegation.
        (ii) The state entity to whom control is delegated shall assume fiduciary control over project
    finances, shall assume all responsibility for project budgets and expenditures, and shall receive all
    funds appropriated for the project, including any contingency funds contained in the appropriated
    project budget.
        (iii) Delegation of project control does not exempt the state entity from complying with the
    codes and guidelines for design and construction adopted by the division and the State Building
    Board.
        (iv) State entities that receive a delegated project may not have access to the building board
    contingency funds authorized in Section 63A-5-209 for the delegated project.
        (6) The director may expend appropriations for statewide projects from funds provided by
    the Legislature for those specific purposes and within guidelines established by the State Building
    Board.
        (7) (a) The director, with the approval of the Office of Legislative Fiscal Analyst, shall
    develop standard forms to present capital development and capital improvement cost summary data.
        (b) The director shall:
        (i) within 30 days after the completion of each capital development project, submit cost
    summary data for the project on the standard form to the Office of Legislative Fiscal Analyst; and
        (ii) upon request, submit cost summary data for a capital improvement project to the Office
    of Legislative Fiscal Analyst on the standard form.
        (8) Notwithstanding the requirements of Title 63, Chapter 38, Budgetary Procedures Act,
    the director may:
        (a) accelerate the design of projects funded by any appropriation act passed by the
    Legislature in its annual general session;

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        (b) use any unencumbered existing account balances to fund that design work; and
        (c) reimburse those account balances from the amount funded for those projects when the
    appropriation act funding the project becomes effective.
        Section 5. Section 63A-5-212 is amended to read:
         63A-5-212. Buildings for which director responsible.
        (1) As used in this section, "capitol hill facilities" and "capitol hill grounds" have the same
    meaning as provided in Section 63C-7-102.
        (2) The director [shall be] is responsible for [the state capitol, the state capitol grounds, the
    state office building, other]:
        (a) rooms or buildings hired to house state departments and agencies[, and];
        (b) all other buildings owned by the state [on capitol hill,] other than the capitol hill facilities
    and capitol hill grounds; and
        (c) other facilities as assigned[, and].
        (2) The director shall [keep] ensure that those facilities are kept in good repair.
        Section 6. Section 63C-7-101 is enacted to read:
    
CHAPTER 7. STATE CAPITOL PRESERVATION BOARD

    
Part 1. General Provisions

         63C-7-101. Title.
        This chapter is known as the "State Capitol Preservation Board."
        Section 7. Section 63C-7-102 is enacted to read:
         63C-7-102. Definitions.
        (1) "Board" means the State Capitol Preservation Board created by Section 63C-7-201.
        (2) "Capitol hill" means the grounds, monuments, parking lots, buildings, and other
    man-made and natural objects within the area bounded by 300 North Street, Columbus Street, 500
    North Street, and East Capitol Street.
        (3) (a) "Capitol hill facilities" means all of the building on capitol hill, and the exterior steps,
    entrances, streets, and parking lots adjacent to those buildings.
        (b) "Capitol hill facilities" does not mean the greenhouses located on capitol hill.

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        (4) "Capitol hill grounds" means the unpaved areas of capitol hill.
        (5) "Executive director" means the executive director appointed by the board under Section
    63C-7-401.
        Section 8. Section 63C-7-201 is enacted to read:
    
Part 2. State Capitol Preservation Board

         63C-7-201. State Capitol Preservation Board -- Creation -- Membership.
        (1) There is created the State Capitol Preservation Board.
        (2) The board shall consist of the following seven members:
        (a) the governor;
        (b) the president of the Senate;
        (c) the speaker of the House of Representatives;
        (d) one member appointed by the governor;
        (e) one member appointed by the president of the Senate;
        (f) one member appointed by the speaker of the House of Representatives; and
        (g) one member selected by a majority vote of the other six members.
        Section 9. Section 63C-7-202 is enacted to read:
         63C-7-202. Terms -- Vacancies-- Chair --Meetings -- Compensation.
        (1) (a) The governor, president of the Senate, and speaker of the House shall serve terms
    coterminous with their term as governor, president, and speaker.
        (b) The other members shall serve two-year terms.
        (2) Vacancies in the appointed positions shall be filled by the original appointing authority
    for the unexpired term.
        (3) The governor is chair of the board.
        (4) The board shall meet at least quarterly and at other times at the call of the governor or
    if four members of the board request a meeting.
        (5) (a) (i) Members who are not government employees shall receive no compensation or
    benefits for their services, but may receive per diem and expenses incurred in the performance of the
    member's official duties at the rates established by the Division of Finance under Sections

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    63A-3-106 and 63A-3-107.
        (ii) Members may decline to receive per diem and expenses for their service.
        (b) (i) State government officers and employee members who do not receive salary, per
    diem, or expenses from their agency for their service may receive per diem and expenses incurred
    in the performance of their official duties from the committee at the rates established by the Division
    of Finance under Sections 63A-3-106 and 63A-3-107.
        (ii) State government officer and employee members may decline to receive per diem and
    expenses for their service.
        (c) Legislative members receive the expenses authorized by legislative rule.
        Section 10. Section 63C-7-301 is enacted to read:
         63C-7-301. Board powers.
        (1) The board shall:
        (a) except as provided in Subsection (2), exercise complete jurisdiction over capitol hill
    facilities and capitol hill grounds;
        (b) preserve, maintain, and restore capitol hill facilities, capitol hill grounds, and their
    contents;
        (c) consult with the Division of Facilities Construction and Management, the State Library
    Division, the Division of Archives and Records Service, the Division of State History, the Office
    of Museum Services, and the Arts Council when necessary;
        (d) review and approve the executive director's:
        (i) annual budget and work plan;
        (ii) long-range master plan for the capitol hill facilities and capitol hill grounds; and
        (iii) furnishings plan for placement and care of objects under the care of the board;
        (e) approve all changes to the buildings and their grounds, including:
        (i) restoration, remodeling, and rehabilitation projects;
        (ii) usual maintenance; and
        (iii) any transfers or loans of objects under the board's care;
        (f) after consultation with the Division of Facilities Construction and Management, State

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    Library Division, the Division of Archives and Records Service, the Division of State History, the
    Office of Museum Services, and the Arts Council, define and identify all significant aspects of
    capitol hill facilities and capitol hill grounds;
        (g) after consultation with the Division of Facilities Construction and Management, State
    Library Division, the Division of Archives and Records Service, the Division of State History, the
    Office of Museum Services, and the Arts Council, inventory, define, and identify all significant
    contents of the buildings and all state-owned items of historical significance that were at one time
    in the buildings;
        (h) maintain archives relating to the construction and development of the buildings, the
    contents of the buildings and their grounds, including documents such as plans, specifications,
    photographs, purchase orders, and other related documents, the original copies of which shall be
    maintained by the Division of Archives and Records Service;
        (i) comply with federal and state laws related to program and facility accessibility; and
        (j) establish procedures for receiving, hearing, and deciding complaints or other issues raised
    about the capitol hill facilities, capitol hill grounds, or their use.
        (2) Notwithstanding Subsection (1)(a), the supervision and control of the legislative area is
    reserved to the Legislature.
        (3) (a) The board shall make rules to govern, administer, and regulate the capitol hill
    facilities and capitol hill grounds.
        (b) A person who violates a rule adopted by the board under the authority of this Subsection
    (3) is guilty of a class C misdemeanor.
        (c) The board may not apply this section or rules adopted under the authority of this section
    in a manner that violates a person's rights under the Utah Constitution or the First Amendment to
    the United States Constitution, including the right of persons to peaceably assemble.
        (d) The board shall send proposed rules under this section to the legislative general counsel
    and the governor's general counsel for review and comment before the board adopts the rules.
        (4) The board is exempt from the requirements of Title 63, Chapter 56, Utah Procurement
    Code, but shall adopt procurement rules substantially similar to the requirements of that chapter.

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        (5) The board may:
        (a) establish fees for the use of capitol hill facilities and grounds;
        (b) assign and allocate specific duties and responsibilities to any other state agency, if the
    other agency agrees to perform the duty or accept the responsibility; and
        (c) contract with another state agency to provide services.
        (6) The board, and the employees of the board, may not:
        (a) move the office of the governor, lieutenant governor, president of the Senate, speaker of
    the House of Representatives, or a member of the Legislature from the State Capitol Building unless
    the removal is approved by:
        (i) the governor, in the case of the governor's office;
        (ii) the lieutenant governor, in the case of the lieutenant governor's office;
        (iii) the president of the Senate, in the case of the president's office or the office of a member
    of the Senate; or
        (iv) the speaker of the House of Representatives, in the case of the speaker's office or the
    office of a member of the House.
        (b) The board and the employees of the board have no control over the furniture, furnishings,
    and decorative objects in the offices of the governor, lieutenant governor, or the members of the
    Legislature except as necessary to inventory or conserve items of historical significance owned by
    the state.
        (c) The board and the employees of the board have no control over records and documents
    produced by or in the custody of a state agency, official, or employee having an office in a building
    on capitol hill.
        (d) Except for items identified by the board as having historical significance, and except as
    provided in Subsection (6)(b), the board and the employees of the board have no control over
    moveable furnishings and equipment in the custody of a state agency, official, or employee having
    an office in a building on capitol hill.
        Section 11. Section 63C-7-401 is enacted to read:
         63C-7-401. Executive director.

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

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

         63C-7-501. Soliciting donations.
        (1) The executive director, under the direction of the board, shall:
        (a) develop plans and programs to solicit gifts, money, and items of value from private
    persons, foundations, or organizations; and
        (b) actively solicit donations from those persons and entities.
        (2) (a) Property provided by those entities are the property of the state and are under the
    control of the board.
        (b) Subsection (2)(a) does not apply to temporary exhibits or to the personal property of
    persons having an office in a building on capitol hill.
        (3) The board shall:
        (a) deposit monies donated to the board into the State Capitol Fund established by this part;
    and
        (b) use gifts of money made to the board for the purpose specified by the grantor, if any.

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        Section 14. Section 63C-7-502 is enacted to read:
         63C-7-502. Fund created -- Donations.
        (1) There is created a special revenue fund entitled the "State Capitol Fund."
        (2) The fund consists of monies generated from the following revenue sources:
        (a) any donations, deposits, contributions, gifts, money, and items of value received from
    private persons, foundations, or organizations;
        (b) appropriations made to the fund by the Legislature; and
        (c) monies received by the board from the federal government.
        (3) (a) The fund shall earn interest.
        (b) All interest earned on fund monies shall be deposited into the fund.
        (4) The board may use fund monies to:
        (a) acquire historical and other items to furnish the capitol hill facilities;
        (b) pay for the repair and maintenance of the capitol hill facilities and capitol hill grounds;
        (c) pay for the rehabilitation of the capitol hill facilities and capitol hill grounds; and
        (d) fund all costs incurred in complying with this chapter.
        Section 15. Section 63C-7-601 is enacted to read:
    
Part 6. Custody, Control, and Acquisition of Furnishings

         63C-7-601. Responsibility for items.
        Furniture, furnishings, fixtures, works of art, and decorative objects for which the board has
    responsibility under this chapter are not subject to the custody or control of the State Library Board,
    State Library Division, the Division of Archives and Records Service, the Division of State History,
    the Office of Museum Services, the Arts Council, the Division of Fine Arts, the Institute of Fine
    Arts, the Alice Art Collection Committee, or any other state agency.
        Section 16. Section 63C-7-602 is enacted to read:
         63C-7-602. Transfer of certain historical items.
        (1) (a) A state agency or other state entity that possesses a state-owned item identified by
    the executive director and the board as an item of historical significance that was at one time located
    in the capitol hill facilities shall transfer the item to the inventory of the board at the direction of the

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    executive director not later than the 60th day after the date that the executive director notifies the
    agency or entity.
        (b) The state agency or other state entity shall subsequently transfer physical possession of
    the item to the board in accordance with policies and procedures established by the board.
        (2) This section does not apply to records or documents in the custody of the Division of
    Archives and Records Service.
        Section 17. Transition clause.
        (1) The facility use rules adopted by the Division of Facilities Construction and Management
    govern the use of the state capitol complex until January 1, 1998, or until new rules are adopted by
    the State Capitol Preservation Board, whichever is sooner.
        (2) After the board is appointed, and until it assumes full responsibility for capitol hill
    facilities and capitol hill grounds on July 1, 1997, the Division of Facilities Construction and
    Management shall:
        (a) consult with the board about issues involving capitol hill facilities and capitol hill
    grounds; and
        (b) obtain board approval before executing any contracts, making any decisions, or
    establishing any policies that have a significant impact on capitol hill facilities, capitol hill grounds,
    or both.
        Section 18. Effective date.
        This act takes effect on July 1, 1997.
        Section 19. Coordination clause.
    (1) If H.B. 8, Capitol Art Placement Commission, and this bill, H.B. 385, Utah State Capitol
    Preservation Board, both pass, it is the intent of the Legislature that:
        1. Section 63A-5-402(4)(b) of H. B. 8, Capitol Art Placement Commission, is amended to
    read:
        "[The director of the Division of Facilities Construction and Management or his designee]
    The executive director of the State Capitol Preservation Board is the nonvoting secretary to
    the commission and shall provide staff services to the commission."

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        2. Section 63A-5-403 of H. B. 8, Capitol Art Placement Commission, is amended to read:
        "(1) The commission shall:
        (a) review and [approve] make recommendations about the content and placement of each
    new piece of art to be placed within any public area of the State Capitol Building to the State
    Capitol Preservation Board;
        (b) review and [approve] make recommendations about any proposals for removing or
    relocating any piece of art contained in any public area of the State Capitol Building to the
    State Capitol Preservation Board; and
        (c) review and [approve] make recommendations about the content and placement of each
    new exhibit to be placed within any public area of the State Capitol Building[;] to the State
    Capitol Preservation Board.
        [(d) comply with the provisions of Title 63, Chapter 46a, Utah Administrative Rulemaking
    Act, in making rules establishing procedures and requirements for placement of art and
    exhibits in the State Capitol Building.]
        (2) The commission may[, after consultation with affected government agencies,] review
    and make recommendations about any proposals for remodeling within the State Capitol
    Building to the State Capitol Preservation Board.
        [(3) (a) If any conflicts exist between this part and Title 63A, Chapter 5, Part 2, Division of
    Facilities Construction and Management, this part takes precedence.]
        [(b)] (3) If any conflicts exist between this part and Section 36-5-1, Section 36-5-1 takes
    precedence."
        3. Sections 63A-5-401, 63A-5-402, and 63A-5-403 from H. B. 8, Capitol Art Placement
    Commission, be codified as Sections 63C-7-701, 63C-7-702, and 63C-7-703.
    (2) It is the intent of the Legislature that if this bill and House Bill 3, State Buildings -- Preventive
    Maintenance, both pass that:
        Subsection 63A-5-204(2)(c) be amended as follows:
        1. After "education" insert "and the State Capitol Preservation Board".
        Subsection 63A-5-204(2)(e) be amended as follows:

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        1. After "institutions" insert ", except the State Capitol Preservation Board,"

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