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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-5-212, as renumbered and amended by Chapter 212, Laws of Utah 1993
16    ENACTS:
17         63C-7-101, Utah Code Annotated 1953
18         63C-7-102, Utah Code Annotated 1953
19         63C-7-201, Utah Code Annotated 1953
20         63C-7-202, Utah Code Annotated 1953
21         63C-7-301, Utah Code Annotated 1953
22         63C-7-302, 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 public schools, state colleges, or state
3    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) except as provided in Title 63C, Chapter 7, State Capitol Preservation Board, acquire,
19    as authorized by the Legislature through the appropriations act or other specific legislation, and
20    hold title to, in the name of the division, all real property, buildings, fixtures, or appurtenances
21    owned by the state or any of its agencies;
22        [(e) recommend to the executive director rules to govern traffic flow and vehicle parking
23    on roadways and parking lots which surround the capitol and that are a part of Utah State Highway
24    293;]
25        [(f)] (e) adopt and use a common seal, of a form and design determined by the director,
26    and of which courts shall take judicial notice;
27        [(g)] (f) file a description and impression of the seal with the Division of Archives;
28        [(h)] (g) except as provided in Title 63C, Chapter 7, State Capitol Preservation Board,
29    collect and maintain all deeds, abstracts of title, and all other documents evidencing title to or
30    interest in property belonging to the state or any of its departments, except institutions of higher
31    education and the School and Institutional Trust Lands Administration;

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1        [(i)] (h) report all properties acquired by the state, except those acquired by institutions of
2    higher education, to the director of the Division of Finance for inclusion in the state's financial
3    records; and
4        [(j)] (i) take all other action necessary for carrying out the purposes of this chapter.
5        [(2)] (3) (a) The director shall direct or delegate maintenance and operations, preventive
6    maintenance, and facilities inspection programs and activities for any department, commission,
7    institution, or agency, except 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):
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; and
15        (vi) the State Capitol Preservation Board.
16        [(3)] (4) (a) In making any allocations of space under Subsection (1), the director 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 Subsection (3).
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 entities in the
24    public and higher education systems.
25        [(4)] (5) The director may:
26        (a) hire or otherwise procure assistance and services, professional, skilled, or otherwise,
27    that are necessary to carry out the director's responsibilities, and may expend funds provided for
28    that purpose either through annual operating budget appropriations or from nonlapsing project
29    funds;
30        (b) sue and be sued in the name of the division; and
31        (c) hold, buy, lease, and acquire by exchange or otherwise, as authorized by the Legislature

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1    through an appropriations act or other specific legislation, whatever real or personal property that
2    is necessary for the discharge of the director's duties.
3        [(5)] (6) Notwithstanding the provisions of Subsection (1)(d), the following entities may
4    hold title to any real property, buildings, fixtures, and appurtenances held by them for purposes
5    other than administration that are under their control and management:
6        (a) the Office of Trust Administrator;
7        (b) the Department of Transportation;
8        (c) the Division of Forestry, Fire and State Lands;
9        (d) the Department of Natural Resources;
10        (e) the Utah National Guard;
11        (f) the State Capitol Preservation Board;
12        [(f)] (g) any area vocational center or other institution administered by the State Board of
13    Education; and
14        [(g)] (h) 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-5-212 is amended to read:
19         63A-5-212. Buildings for which director responsible.
20        (1) As used in this section, "capitol hill facilities" and "capitol hill grounds" have the same
21    meaning as provided in Section 63C-7-102.
22        (2) The director [shall be] is responsible for [the state capitol, the state capitol grounds,
23    the state office building, other]:
24        (a) rooms or buildings hired to house state departments and agencies[, and];
25        (b) all other buildings owned by the state [on capitol hill,] other than the capitol hill
26    facilities and capitol hill grounds; and
27        (c) other facilities as assigned[, and].
28        (2) The director shall [keep] ensure that those facilities are kept in good repair.
29        Section 5. Section 63C-7-101 is enacted to read:
30    
CHAPTER 7. STATE CAPITOL PRESERVATION BOARD

31    
Part 1. General Provisions


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1         63C-7-101. Title.
2        This chapter is known as the "State Capitol Preservation Board."
3        Section 6. Section 63C-7-102 is enacted to read:
4         63C-7-102. Definitions.
5        (1) "Board" means the State Capitol Preservation Board created by Section 63C-7-201.
6        (2) "Capitol hill" means the grounds, monuments, and buildings within the area bounded
7    by 300 North Street, Victory Road, 500 North Street, and East Capitol Street.
8        (3) "Capitol hill facilities" means the State Capitol Building, the State Office Building, the
9    cafeteria, and the exterior steps, entrances, streets, and parking lots adjacent to those buildings.
10        (4) "Capitol hill grounds" means the unpaved areas of capitol hill.
11        (5) "Executive director" means the executive director appointed by the board under Section
12    63C-7-401.
13        Section 7. Section 63C-7-201 is enacted to read:
14    
Part 2. State Capitol Preservation Board

15         63C-7-201. State Capitol Preservation Board -- Creation -- Membership.
16        (1) There is created the State Capitol Preservation Board.
17        (2) The board shall consist of the following seven members:
18        (a) the governor;
19        (b) the president of the Senate;
20        (c) the speaker of the House of Representatives;
21        (d) one member appointed by the governor;
22        (e) one member appointed by the president of the Senate;
23        (f) one member appointed by the speaker of the House of Representatives; and
24        (g) one member selected by a majority vote of the other six members.
25        Section 8. Section 63C-7-202 is enacted to read:
26         63C-7-202. Terms -- Vacancies-- Chair --Meetings -- Compensation.
27        (1) (a) The governor, president of the Senate, and speaker of the House shall serve terms
28    coterminous with their term as governor, president, and speaker.
29        (b) The other members shall serve two-year terms.
30        (2) Vacancies in the appointed positions shall be filled by the original appointing authority
31    for the unexpired term.

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1        (3) The governor is chair of the board.
2        (4) The board shall meet at least quarterly and at other times at the call of the governor or
3    if four members of the board request a meeting.
4        (5) (a) (i) Members who are not government employees shall receive no compensation or
5    benefits for their services, but may receive per diem and expenses incurred in the performance of
6    the member's official duties at the rates established by the Division of Finance under Sections
7    63A-3-106 and 63A-3-107.
8        (ii) Members may decline to receive per diem and expenses for their service.
9        (b) (i) State government officers and employee members who do not receive salary, per
10    diem, or expenses from their agency for their service may receive per diem and expenses incurred
11    in the performance of their official duties from the committee at the rates established by the
12    Division of Finance under Sections 63A-3-106 and 63A-3-107.
13        (ii) State government officer and employee members may decline to receive per diem and
14    expenses for their service.
15        (c) Legislative members receive the expenses authorized by legislative rule.
16        Section 9. Section 63C-7-301 is enacted to read:
17         63C-7-301. Board powers.
18        (1) The board shall:
19        (a) exercise complete jurisdiction over capitol hill facilities and capitol hill grounds;
20        (b) preserve, maintain, and restore the State Capitol Building, the State Office Building,
21    their contents, and their grounds;
22        (c) consult with the Division of Facilities Construction and Management, the State Library
23    Division, the Division of Archives and Records Services, the Division of State History, the Office
24    of Museum Services, and the Arts Council when necessary;
25        (d) review and approve the executive director's:
26        (i) annual budget and work plan;
27        (ii) long-range master plan for the capitol hill facilities and capitol hill grounds; and
28        (iii) furnishings plan for placement and care of objects under the care of the board;
29        (e) approve all changes to the buildings and their grounds, including:
30        (i) restoration, remodeling, and rehabilitation projects;
31        (ii) usual maintenance; and

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1        (iii) any transfers or loans of objects under the board's care;
2        (f) after consultation with the State Library Division, the Division of Archives and Records
3    Services, the Division of State History, the Office of Museum Services, and the Arts Council,
4    define and identify all significant aspects of capitol hill facilities and capitol hill grounds;
5        (g) after consultation with the State Library Division, the Division of Archives and
6    Records Services, the Division of State History, the Office of Museum Services, and the Arts
7    Council, define and identify all significant contents of the buildings and all state-owned items of
8    historical significance that were at one time in the buildings;
9        (h) maintain archives relating to the construction and development of the buildings, the
10    contents of the buildings and their grounds, including documents such as plans, specifications,
11    photographs, purchase orders, and other related documents, the original copies of which shall be
12    maintained by the Division of Archives and Records Service;
13        (i) comply with federal and state laws related to program and facility accessibility; and
14        (j) establish procedures for receiving, hearing, and deciding complaints or other issues
15    raised about the capitol hill facilities, capitol hill grounds, or their use.
16        (2) (a) The board shall make rules to govern, administer, and regulate the capitol hill
17    facilities and capitol hill grounds.
18        (b) A person who violates a rule adopted by the board under the authority of this
19    Subsection (2) is guilty of a class C misdemeanor.
20        (c) The board may not apply this section or rules adopted under the authority of this
21    section in a manner that violates a person's rights under the Utah Constitution or the First
22    Amendment to the United States Constitution, including the right of persons to peaceably
23    assemble.
24        (d) The board shall send proposed rules under this section to the legislative general counsel
25    and the governor's general counsel for review and comment before the board adopts the rules.
26        (3) The board may:
27        (a) assign and allocate specific duties and responsibilities to any other state agency, if the
28    other agency agrees to perform the duty or accept the responsibility; and
29        (b) contract with another state agency to provide services.
30        (4) The board, and the employees of the board may not:
31        (a) move the office of the governor, lieutenant governor, president of the Senate, speaker

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1    of the House of Representatives, or a member of the Legislature from the State Capitol Building
2    unless the removal is approved by:
3        (i) the governor, in the case of the governor's office;
4        (ii) the lieutenant governor, in the case of the lieutenant governor's office;
5        (iii) the president of the Senate, in the case of the president's office or the office of a
6    member of the Senate; or
7        (iv) the speaker of the House of Representatives, in the case of the speaker's office or the
8    office of a member of the House.
9        (b) The board and the employees of the board have no control over the furniture,
10    furnishings, and decorative objects in the offices of the members of the Legislature except as
11    necessary to inventory or conserve items of historical significance owned by the state.
12        (c) The board and the employees of the board have no control over records and documents
13    produced by or in the custody of a state agency, official, or employee having an office in the State
14    Capitol Building.
15        Section 10. Section 63C-7-302 is enacted to read:
16         63C-7-302. Deposit.
17        (1) The board may require and collect a standardized deposit from a person or entity that
18    uses the capitol hill facilities or capitol hill grounds for an event, exhibit, or other scheduled
19    activity.
20        (2) The board shall ensure that the amount of the deposit is:
21        (a) sufficient to recover the estimated direct costs to the state of the event, exhibit, or
22    activity; and
23        (b) uniform and nondiscriminatory for similar events, exhibits, or other scheduled
24    activities.
25        (3) (a) The board may deduct from the deposit:
26        (i) the cost of damage to capitol hill facilities or capitol grounds that directly results from
27    the event, exhibit, or other activity;
28        (ii) the costs of extra labor, materials, and utilities directly attributable to the event, exhibit,
29    or other activity; and
30        (iii) the costs of extra security requested by the person or entity or required for the event,
31    exhibit, or other activity.

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1        (b) The board may charge and collect the costs listed under Subsection (3)(a) from a
2    person or entity that uses the capitol hill facilities or capitol hill grounds:
3        (i) for an event, exhibit, or other scheduled activity for which no deposit is required under
4    board rule; or
5        (ii) when the costs incurred exceed the amount of the deposit.
6        Section 11. Section 63C-7-401 is enacted to read:
7         63C-7-401. Executive director.
8        The board shall appoint an executive director to assist them in performing their duties
9    under this chapter.
10        Section 12. Section 63C-7-402 is enacted to read:
11         63C-7-402. Executive director -- Duties.
12        The executive director shall:
13        (1) develop for board approval a master plan with a projection of at least 20 years
14    concerning the maintenance, preservation, restoration, and modification of the capitol hill facilities
15    and capitol hill grounds, including, if directed by the board, a plan to restore the buildings to their
16    original architecture;
17        (2) develop for board approval a furnishings plan for the placement and care of objects
18    under the care of the board;
19        (3) prepare, and recommend for board approval, an annual budget and work plan
20    consistent with the master plan and the furnishings plan for all work under this chapter, including
21    usual maintenance for the buildings, their contents, and their grounds;
22        (4) develop a program to purchase or accept by donation, permanent loan, or outside
23    funding items necessary to implement the master plan;
24        (5) develop and maintain a registration system and inventory of the contents of the capitol
25    hill facilities and capitol hill grounds and of the original documents relating to the buildings'
26    construction and alteration;
27        (6) develop a program to purchase or accept by donation, permanent loan, or outside
28    funding items of historical significance that were at one time in the capitol hill facilities and that
29    are not owned by the state;
30        (7) develop a program to locate and acquire state-owned items of historical significance
31    that were at one time in the buildings;

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1        (8) develop a collections policy regarding the items of historic significance as identified
2    in the registration system and inventory for the approval of the board;
3        (9) assist in matters dealing with the preservation of historic materials;
4        (10) make recommendations on conservation needs and make arrangements to contract
5    for conservation services for objects of significance;
6        (11) make recommendations for the transfer or loan of objects of significance as detailed
7    in the approved collections policy;
8        (12) make recommendations to transfer, sell, or otherwise dispose of unused surplus
9    property that is not of significance as defined in the collections policy and by the registration
10    system;
11        (13) approve all exhibits placed in the buildings;
12        (14) employ staff to assist him in administering this chapter and direct and coordinate their
13    activities;
14        (15) contract for professional services of qualified consultants, including architectural
15    historians, landscape architects with experience in landscape architectural preservation,
16    conservators, historians, historic architects, engineers, and craftsmen; and
17        (16) prepare annually a complete and detailed written report for the board that accounts
18    for all funds received and disbursed by the board during the preceding fiscal year.
19        Section 13. Section 63C-7-501 is enacted to read:
20    
Part 5. Fund Raising and Donations

21         63C-7-501. Soliciting donations.
22        (1) The executive director, under the direction of the board, shall:
23        (a) develop plans and programs to solicit gifts, money, and items of value from private
24    persons, foundations, or organizations; and
25        (b) actively solicit donations from those persons and entities.
26        (2) Property provided by those entities are the property of the state and are under the
27    control of the board.
28        (3) The board shall:
29        (a) deposit monies donated to the board into the State Capitol Fund established by this
30    part; and
31        (b) use gifts of money made to the board for the purpose specified by the grantor, if any.

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1        (4) This section does not apply to temporary exhibits or property of a person having an
2    office in the State Capitol Building or State Office Building.
3        Section 14. Section 63C-7-502 is enacted to read:
4         63C-7-502. Fund created -- Donations.
5        (1) There is created a special revenue fund entitled the "State Capitol Fund."
6        (2) The fund consists of monies generated from the following revenue sources:
7        (a) any voluntary contributions, gifts, money, and items of value received from private
8    persons, foundations, or organizations;
9        (b) appropriations made to the fund by the Legislature; and
10        (c) monies received by the board from the federal government.
11        (3) (a) The fund shall earn interest.
12        (b) All interest earned on fund monies shall be deposited into the fund.
13        (4) The board may use fund monies to:
14        (a) acquire historical and other items to furnish the capitol hill facilities;
15        (b) pay for the repair and maintenance of the capitol hill facilities and capitol hill grounds;
16        (c) pay for the rehabilitation of the capitol hill facilities and capitol hill grounds; and
17        (d) fund all costs incurred in complying with this chapter.
18        Section 15. Section 63C-7-601 is enacted to read:
19    
Part 6. Custody, Control, and Acquisition of Furnishings

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

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1    director notifies the agency or entity.
2        (b) The state agency or other state entity shall subsequently transfer physical possession
3    of the item to the board in accordance with policies and procedures established by the board.
4        (2) This section does not apply to records or documents in the custody of the Division of
5    Archives and Records Management.
6        Section 17. Transition clause.
7        The facility use rules adopted by the Division of Facilities Construction and Management
8    govern the use of the state capitol complex until January 1, 1998, or until new rules are adopted
9    by the State Capitol Preservation Board, whichever is sooner.
10        Section 18. Effective date.
11        This act takes effect on July 1, 1997.
12        Section 19. Coordination clause.
13        If H.B. 8, Capitol Art Placement Commission, and this bill, H.B. 385, Utah State Capitol
14    Preservation Board, both pass, it is the intent of the Legislature that:
15        1. Section 63A-5-402(4)(b) of H. B. 8, Capitol Art Placement Commission, is amended
16    to read:
17        "[The director of the Division of Facilities Construction and Management or his designee]
18    The executive director of the State Capitol Preservation Board is the nonvoting secretary to the
19    commission and shall provide staff services to the commission."
20        2. Section 63A-5-403 of H. B. 8, Capitol Art Placement Commission, is amended to read:
21        "(1) The commission shall:
22        (a) review and [approve] make recommendations about the content and placement of each
23    new piece of art to be placed within any public area of the State Capitol Building to the State
24    Capitol Preservation Board;
25        (b) review and [approve] make recommendations about any proposals for removing or
26    relocating any piece of art contained in any public area of the State Capitol Building to the State
27    Capitol Preservation Board; and
28        (c) review and [approve] make recommendations about the content and placement of each
29    new exhibit to be placed within any public area of the State Capitol Building[;] to the State Capitol
30    Preservation Board.
31        [(d) comply with the provisions of Title 63, Chapter 46a, Utah Administrative Rulemaking

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1    Act, in making rules establishing procedures and requirements for placement of art and exhibits
2    in the State Capitol Building.]
3        (2) The commission may[, after consultation with affected government agencies,] review
4    and make recommendations about any proposals for remodeling within the State Capitol Building
5    to the State Capitol Preservation Board.
6        [(3) (a) If any conflicts exist between this part and Title 63A, Chapter 5, Part 2, Division
7    of Facilities Construction and Management, this part takes precedence.]
8        [(b)] (3) If any conflicts exist between this part and Section 36-5-1, Section 36-5-1 takes
9    precedence."
10        3. Sections 63A-5-401, 63A-5-402, and 63A-5-403 from H. B. 8, Capitol Art Placement
11    Commission, be codified as Sections 63C-7-701, 63C-7-702, and 63C-7-703.




Legislative Review Note
    as of 2-11-97 6:00 PM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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