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H.B. 311

             1     

STATE CAPITOL PRESERVATION BOARD -

             2     
CHAIR

             3     
2002 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Gerry A. Adair

             6      This act modifies provisions governing the State Capitol Preservation Board to allow the
             7      governor to be represented by a designee, and provides that the lieutenant governor chairs
             8      the board in the absence of the governor.
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      AMENDS:
             11          63C-9-201, as last amended by Chapter 46, Laws of Utah 1999
             12          63C-9-202, as last amended by Chapter 76, Laws of Utah 2001
             13      Be it enacted by the Legislature of the state of Utah:
             14          Section 1. Section 63C-9-201 is amended to read:
             15           63C-9-201. 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 15 members:
             18          (a) the governor or the governor's designee;
             19          (b) the lieutenant governor;
             20          (c) the president of the Senate;
             21          (d) the speaker of the House of Representatives;
             22          (e) three members appointed by the governor;
             23          (f) two members of the Senate appointed by the president of the Senate, one from the
             24      majority party and one from the minority party;
             25          (g) two members of the House of Representatives appointed by the speaker of the House
             26      of Representatives, one from the majority party and one from the minority party;
             27          (h) the chief justice of the Supreme Court or his designee;


             28          (i) the director of the Division of Archives; and
             29          (j) an architect and a structural engineer, appointed by the governor with the advice and
             30      consent of the Senate.
             31          Section 2. Section 63C-9-202 is amended to read:
             32           63C-9-202. Terms -- Vacancies-- Chair -- Vice chair --Meetings -- Compensation.
             33          (1) (a) The governor, president of the Senate, and speaker of the House shall serve terms
             34      coterminous with their term as governor, president, and speaker.
             35          (b) The other members shall serve two-year terms.
             36          (2) Vacancies in the appointed positions shall be filled by the original appointing authority
             37      for the unexpired term.
             38          (3) (a) [The] Except as provided in Subsection (3)(b), the governor is chair of the board.
             39          (b) When the governor is absent from meetings of the board, the lieutenant governor is
             40      chair of the board.
             41          [(b)] (c) The governor shall appoint a member of the board to serve as vice chair with the
             42      approval of the board.
             43          (4) The board shall meet at least quarterly and at other times at the call of the governor or
             44      at the request of four members of the board.
             45          (5) (a) (i) Members who are not government employees shall receive no compensation or
             46      benefits for their services, but may receive per diem and expenses incurred in the performance of
             47      the member's official duties at the rates established by the Division of Finance under Sections
             48      63A-3-106 and 63A-3-107 .
             49          (ii) Members may decline to receive per diem and expenses for their service.
             50          (b) (i) State government officers and employee members who do not receive salary, per
             51      diem, or expenses from their agency for their service may receive per diem and expenses incurred
             52      in the performance of their official duties from the committee at the rates established by the
             53      Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             54          (ii) State government officers and employee members may decline to receive per diem and
             55      expenses for their service.
             56          (c) Legislative members receive the expenses authorized by legislative rule.





Legislative Review Note
    as of 2-4-02 10:53 AM


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

Office of Legislative Research and General Counsel


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