S.B. 114 Enrolled

THIS IS THE PLACE FOUNDATION
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: David L. Buhler
AN ACT RELATING TO PARKS AND RECREATION; AUTHORIZING THE DIVISION OF
PARKS AND RECREATION TO MAKE AN AGREEMENT WITH THIS IS THE PLACE
FOUNDATION TO MANAGE THIS IS THE PLACE STATE PARK; SPECIFYING TERMS
OF THE AGREEMENT; DELINEATING THE AUTHORITY OF THE FOUNDATION TO
CONSTRUCT OR MAKE IMPROVEMENTS TO FACILITIES AT THIS IS THE PLACE
STATE PARK; AND PROVIDING AN EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
63A-5-206, as renumbered and amended by Chapters 212 and 263, Laws of Utah 1993
ENACTS:
63-11-3.1, Utah Code Annotated 1953
63-11-3.2, Utah Code Annotated 1953
63-11-3.3, Utah Code Annotated 1953
63A-4-104, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63-11-3.1 is enacted to read:
63-11-3.1. Definitions.
As used in Sections 63-11-3.1 through 63-11-3.3:
(1) "Board" means the board of trustees of This is the Place Foundation.
(2) "Division" means the Division of Parks and Recreation.
(3) "Foundation" means This is the Place Foundation, a private nonprofit corporation
formed pursuant to Title 16, Chapter 6, Utah Nonprofit Corporation and Co-operative Association
Act.
(4) "Monument" means This is the Place Monument at This is the Place State Park.
(5) "Park" means This is the Place State Park, property owned by the state of Utah located

at 2601 East Sunnyside Avenue, Salt Lake City.
Section 2. Section 63-11-3.2 is enacted to read:
63-11-3.2. Agreement to manage This is the Place State Park -- Management fee.
(1) In recognition of the need for private funds to continue the expansion and improvement
of Old Deseret Village, a living history museum at This is the Place State Park, and the preference
of donors to contribute to nonprofit organizations rather than government entities, the Division of
Parks and Recreation is authorized to make an agreement with This is the Place Foundation to
manage, develop, and promote This is the Place State Park.
(2) The division may pay a management fee to the foundation.
(3) The division may not require the foundation to remit to the division any portion of the
income generated from park operations.
Section 3. Section 63-11-3.3 is enacted to read:
63-11-3.3. Terms of agreement.
Any agreement made pursuant to Section 63-11-3.2 shall include the following terms:
(1) The foundation shall transfer to the state:
(a) title to any real property acquired by the foundation, upon completion of payment, if any,
for the property by the foundation; and
(b) ownership of any artifacts or collections acquired by the foundation.
(2) No fee may be charged to visit the monument.
(3) (a) Except as provided in Subsections (3)(b) and (3)(c), a board member may receive no
compensation or financial benefit, directly or indirectly, as a result of the member's service on the
board.
(b) A board member may receive per diem and expenses incurred in the performance of the
board member's duties at the rates established by the board.
(c) A board member may deal or contract with the foundation, provided that:
(i) no person or entity is paid any fee, salary, rent, or other payment of any kind in excess
of the fair market value for the service rendered, goods furnished, or facilities or equipment rented;
and

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(ii) at a meeting of the board or subcommittee of the board having authority to authorize or
confirm the contract or transaction:
(A) a quorum of the board or subcommittee is present;
(B) the interest of the board member is disclosed;
(C) a majority of the quorum votes to approve the contract or transaction; and
(D) in determining a majority under Subsection (3)(c)(ii)(C), the vote of any board member
having an interest in the contract or transaction is not counted.
(4) The foundation shall obtain an annual audit prepared by an independent public
accounting firm. The audit shall be prepared in accordance with generally accepted accounting
standards.
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;
(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.

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(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 (3)(a)(ii) or (3)(a)(iii), 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 (3)(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.
(iii) (A) At the request of This is the Place Foundation, the director may authorize the
foundation to control design and construction of alterations, repairs, or improvements to facilities
at This is the Place State Park to be made with funds of the foundation, including grant monies from
the state, or with donated services or materials.
(B) If the foundation controls design and construction as provided in Subsection
(3)(a)(iii)(A), the alterations, repairs, or improvements are subject to plan review and inspection by
Salt Lake City for the purpose of assuring compliance with building codes.
(b) (i) Except for the placement or installation of works of art through Title 9, Chapter 6,
Part 4, Utah Percent-for-Art Act or as provided in Subsection (3)(b)(ii), 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.

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(ii) Alterations, repairs, or improvements to facilities at This is the Place State Park to be
made by This is the Place Foundation with funds of the foundation, including grant monies from the
state, or with donated services or materials, are exempt from Subsection (3)(b)(i).
(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
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 are life cycle

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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 as provided in Subsection (5)(c) or (5)(d), 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 or as provided in Subsection (5)(b)(ii), (5)(b)(iii), or (5)(b)(iv), 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,
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).

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(iv) New facilities to be built at This is the Place State Park by This is the Place Foundation
with funds of the foundation, including grant monies from the state, or with donated services or
materials, are exempt from Subsection (5)(b)(i).
(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.
(d) (i) At the request of This is the Place Foundation, the director may authorize the
foundation to control design and construction of any new facility at This is the Place State Park to
be built with funds of the foundation, including grant monies from the state, or with donated services
or materials.
(ii) If the foundation controls design and construction as provided in Subsection (5)(d)(i),
the new facility is subject to plan review and inspection by Salt Lake City for the purpose of assuring
compliance with building codes.
(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:

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(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;
(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-4-104 is enacted to read:
63A-4-104. Course-of-construction insurance for facilities constructed by This is the
Place Foundation.
The risk manager may provide course-of-construction insurance for facilities constructed by
This is the Place Foundation at This is the Place State Park and bill the Division of Parks and
Recreation for the cost of the insurance.
Section 6. Effective date.
If approved by two-thirds of all the members elected to each house, this act takes effect upon
approval by the governor, or the day following the constitutional time limit of Utah Constitution
Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
override.

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