H.B. 91 Enrolled

STATE CAPITOL PRESERVATION BOARD AMENDMENTS
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Ralph Becker
This act modifies provisions governing the State Capitol Preservation Board. This act
modifies the geographic jurisdiction of the board, allows the governor to appoint a vice chair
of the board, and modifies certain powers of the board relating to budgets and the creation
and membership of board subcommittees.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
63C-9-102, as enacted by Chapter 285, Laws of Utah 1998
63C-9-202, as enacted by Chapter 285, Laws of Utah 1998
63C-9-301, as enacted by Chapter 285, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63C-9-102 is amended to read:
63C-9-102. Definitions.
(1) "Board" means the State Capitol Preservation Board created by Section 63C-9-201 .
(2) "Capitol hill" means the grounds, monuments, parking [lots] areas, 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.] Boulevard, and includes:
(a) the White Community Memorial Chapel and its grounds and parking areas, and the
Council Hall Travel Information Center building and its grounds and parking areas;
(b) the Daughters of the Utah Pioneers building and its grounds and parking areas and
other state-owned property included within the area bounded by Columbus Street, North Main
Street, and Apricot Avenue;
(c) the state-owned property included within the area bounded by Columbus Street, Wall
Street, and 400 North Street; and
(d) the state-owned property included within the area bounded by Columbus Street, West
Capitol Street, and 500 North Street.

(3) [(a)] "Capitol hill facilities" means all of the buildings on capitol hill, and the exterior
steps, entrances, streets, parking [lots] areas, and other paved areas of capitol hill.
[(b) "Capitol hill facilities" does not mean the greenhouses located on capitol hill.]
(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-9-401 .
Section 2. Section 63C-9-202 is amended to read:
63C-9-202. Terms -- Vacancies-- Chair -- Vice 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) (a) The governor is chair of the board.
(b) The governor shall appoint a member of the board to serve as vice chair with the
approval of the board.
(4) The board shall meet at least quarterly and at other times at the call of the governor or
[if] at the request of 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 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 officers and employee members may decline to receive per diem and

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expenses for their service.
(c) Legislative members receive the expenses authorized by legislative rule.
Section 3. Section 63C-9-301 is amended to read:
63C-9-301. 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) before October 1 of each year, review and approve the executive director's[:] annual
budget request for submittal to the governor and Legislature;
(e) by October 1 of each year, prepare and submit a recommended budget request for the
upcoming fiscal year for capitol hill to:
(i) the governor, through the Office of Planning and Budget; and
(ii) the Legislature's appropriations subcommittee responsible for capital facilities, through
the Office of Legislative Fiscal Analyst;
(f) 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)] (g) 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)] (h) define and identify all significant aspects of capitol hill facilities and capitol hill

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grounds, 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;
[(g)] (i) 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, 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;
[(h)] (j) 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)] (k) comply with federal and state laws related to program and facility accessibility; and
[(j)] (l) 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 by following the procedures and requirements of Title 63, Chapter
46a, Utah Administrative Rulemaking Act.
(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

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Code, but shall adopt procurement rules substantially similar to the requirements of that chapter.
(5) (a) The board may:
(i) establish subcommittees made up of board members to assist and support the executive
director in accomplishing his duties;
[(a)] (ii) establish fees for the use of capitol hill facilities and grounds;
[(b)] (iii) 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)] (iv) contract with another state agency to provide services[.];
(v) delegate by specific motion of the board, any authority granted to it by this section to the
executive director; and
(vi) in conjunction with Salt Lake City, expend monies to improve or maintain public
property contiguous to East Capitol Boulevard and capitol hill.
(b) If a budget subcommittee is established by the board, the Legislative Fiscal Analyst, or
the analyst's designee, and the director of the Office of Planning and Budget, or the director's
designee, shall serve as ex officio, nonvoting members of the budget subcommittee.
(c) If the board establishes any subcommittees, the board may, by majority vote, appoint up
to two people who are not members of the board to serve, at the will of the board, as nonvoting
members of a subcommittee.
(6) (a) The board, and the employees of the board, may not 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,

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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.

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