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S.B. 14 Enrolled

                 

GOVERNOR'S OFFICE OF PLANNING AND

                 
BUDGET RECODIFICATION AND REVISIONS

                 
2003 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Ron Allen

                  This act modifies Utah Code provisions governing the State Budget Office and Officer
                  and the State Planning Coordinator. This act recodifies those sections to create the
                  Governor's Office of Planning and Budget. This act makes technical corrections.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      9-2-503, as renumbered and amended by Chapter 241, Laws of Utah 1992
                      9-2-506, as renumbered and amended by Chapter 241, Laws of Utah 1992
                      9-2-1703.5, as last amended by Chapter 207, Laws of Utah 2002
                      11-33-7, as enacted by Chapter 223, Laws of Utah 1987
                      11-38-102, as enacted by Chapter 24, Laws of Utah 1999
                      17-27-303, as last amended by Chapter 107, Laws of Utah 2001
                      23-14-21, as enacted by Chapter 154, Laws of Utah 1998
                      23-21-2.3, as enacted by Chapter 218, Laws of Utah 1998
                      26-40-103, as last amended by Chapter 53, Laws of Utah 2001
                      36-2-4, as last amended by Chapter 243, Laws of Utah 1996
                      62A-15-612, as renumbered and amended by Chapter 8, Laws of Utah 2002, Fifth
                  Special Session
                      63-5-4, as last amended by Chapters 14 and 176, Laws of Utah 2002
                      63-38-3, as last amended by Chapter 24, Laws of Utah 1999
                      63-38-3.2, as last amended by Chapter 13, Laws of Utah 1998
                      63-38-9, as last amended by Chapter 211, Laws of Utah 1994
                      63-38-14, as enacted by Chapter 10, Laws of Utah 1983
                      63-38-15, as enacted by Chapter 10, Laws of Utah 1983
                      63-38c-102, as renumbered and amended by Chapter 275, Laws of Utah 1996


                      63-38c-103, as last amended by Chapter 332, Laws of Utah 2000
                      63-38c-202, as last amended by Chapter 318, Laws of Utah 2000
                      63-40-2, as last amended by Chapter 156, Laws of Utah 1996
                      63-55-263, as last amended by Chapter 49, Laws of Utah 2002
                      63A-5-101, as last amended by Chapter 243, Laws of Utah 1996
                      63A-6-105, as last amended by Chapter 202, Laws of Utah 2002
                      63A-10-103, as last amended by Chapter 176, Laws of Utah 2002
                      63B-2-301, as last amended by Chapter 12, Laws of Utah 1994
                      63B-3-301, as last amended by Chapter 36, Laws of Utah 1996
                      63B-4-201, as last amended by Chapters 159 and 335, Laws of Utah 1996
                      63B-4-301, as enacted by Chapter 350, Laws of Utah 1995
                      63C-9-301, as last amended by Chapter 76, Laws of Utah 2001
                      63D-1-301, as last amended by Chapter 176, Laws of Utah 2002
                      67-19-12, as last amended by Chapters 10, 202, and 213, Laws of Utah 1997
                      67-22-2, as last amended by Chapter 250, Laws of Utah 2002
                  ENACTS:
                      63-38d-101, Utah Code Annotated 1953
                      63-38d-102, Utah Code Annotated 1953
                      63-38d-201, Utah Code Annotated 1953
                      63-38d-202, Utah Code Annotated 1953
                      63-38d-301, Utah Code Annotated 1953
                      63-38d-401, Utah Code Annotated 1953
                      63-38d-501, Utah Code Annotated 1953
                      63-38d-502, Utah Code Annotated 1953
                      63-38d-503, Utah Code Annotated 1953
                      63-38d-504, Utah Code Annotated 1953
                      63-38d-505, Utah Code Annotated 1953
                  RENUMBERS AND AMENDS:

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                      63-34-15, (Renumbered from 63-28-6, as last amended by Chapter 198, Laws of Utah
                  1969)
                      63-34-16, (Renumbered from 63-28-7, as last amended by Chapter 198, Laws of Utah
                  1969)
                      63-34-17, (Renumbered from 63-28-8, as last amended by Chapter 198, Laws of Utah
                  1969)
                      63-34-18, (Renumbered from 63-28-9, as last amended by Chapter 198, Laws of Utah
                  1969)
                      63-34-19, (Renumbered from 63-28-10, as last amended by Chapter 198, Laws of Utah
                  1969)
                  REPEALS:
                      63-28-1, as enacted by Chapter 157, Laws of Utah 1963
                      63-28-2, as last amended by Chapter 375, Laws of Utah 1997
                      63-28-3, as enacted by Chapter 157, Laws of Utah 1963
                      63-28-4, as last amended by Chapter 85, Laws of Utah 1985
                      63-28a-1, as last amended by Chapter 95, Laws of Utah 1985
                      63-28a-2, as last amended by Chapter 6, Laws of Utah 1994
                      63-28a-3, as last amended by Chapter 14, Laws of Utah 2002
                      63-28a-4, as last amended by Chapter 95, Laws of Utah 1985
                      63-28a-5, as repealed and reenacted by Chapter 6, Laws of Utah 1994
                      63-28a-6, as enacted by Chapter 187, Laws of Utah 1981
                      63-38-1.1, as enacted by Chapter 227, Laws of Utah 1979
                      63-38-1.2, as last amended by Chapter 114, Laws of Utah 1991
                      63-38-1.3, as enacted by Chapter 227, Laws of Utah 1979
                      63-38-1.4, as enacted by Chapter 227, Laws of Utah 1979
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 9-2-503 is amended to read:
                       9-2-503. Creation.

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                      There is created [in the Office of Planning and Budget] the State Advisory Council on
                  Science and Technology within the Division of Business and Economic Development, which
                  shall perform the functions and duties provided in this part.
                      Section 2. Section 9-2-506 is amended to read:
                       9-2-506. Adviser -- Duties and powers.
                      (1) The adviser shall be appointed by the governor.
                      (2) The adviser shall be experienced or knowledgeable in the application of science and
                  technology to business, industry, or public problems and shall have demonstrated his interest in
                  or ability to contribute to the accomplishment of the purposes of this part.
                      (3) The adviser shall be compensated pursuant to the wage and salary classification plan
                  for appointed officers of the state of Utah currently in effect.
                      (4) The adviser shall have those duties and powers the council assigns. The adviser,
                  subject to the supervision of the council, may enter into contracts and agreements and may incur
                  expenses necessary to fulfill the purposes of this part.
                      (5) The council adviser shall be administratively responsible to the [the state planning
                  coordinator] director of the Division of Business and Economic Development.
                      Section 3. Section 9-2-1703.5 is amended to read:
                       9-2-1703.5. Appropriations to the fund.
                      (1) The Legislature shall appropriate $200,000 to the fund each fiscal year for which the
                  State Tax Commission finds that the industry growth for the prior fiscal year equals or exceeds
                  4%, except that the growth factor requirement does not apply to the $2,000,000 appropriation to
                  the fund under Item 120 of S.B. 1, Appropriations Act, made for the fiscal year beginning July 1,
                  2002 only.
                      (2) To determine the prior fiscal year industry growth the State Tax Commission shall:
                      (a) calculate the tourism-oriented sales and use taxes for the fiscal year two years
                  preceding the fiscal year of appropriation;
                      (b) calculate the tourism-oriented sales and use taxes for the fiscal year three years
                  preceding the fiscal year of the appropriation; and

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                      (c) determine whether the tourism-oriented sales and use taxes calculated in Subsection
                  (2)(a) increased from the tourism-oriented sales and use taxes calculated under Subsection (2)(b).
                      (3) The State Tax Commission shall report its determination under Subsection (2) to the
                  [State Budget] Governor's Office of Planning and Budget by no later than September 30 of each
                  year.
                      Section 4. Section 11-33-7 is amended to read:
                       11-33-7. Executive director.
                      An executive director shall be provided from within the [governor's office] Governor's
                  Office of Planning and Budget.
                      Section 5. Section 11-38-102 is amended to read:
                       11-38-102. Definitions.
                      As used in this chapter:
                      (1) "Affordable housing" means housing occupied or reserved for occupancy by
                  households with a gross household income equal to or less than 80% of the median gross income
                  of the applicable municipal or county statistical area for households of the same size.
                      (2) "Agricultural land" has the same meaning as "land in agricultural use" under Section
                  59-2-502 .
                      (3) "Brownfield sites" means abandoned, idled, or underused commercial or industrial
                  land where expansion or redevelopment is complicated by real or perceived environmental
                  contamination.
                      (4) "Commission" means the Quality Growth Commission established in Section
                  11-38-201 .
                      (5) "Fund" means the LeRay McAllister Critical Land Conservation Fund established in
                  Section 11-38-301 .
                      (6) "Infill development" means residential, commercial, or industrial development on
                  unused or underused land, excluding open land and agricultural land, within existing, otherwise
                  developed urban areas.
                      (7) "Local entity" means a county, city, or town.

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                      (8) "OPB" means the [governor's] Governor's Office of Planning and Budget established
                  under Section [ 63-38-1.4 ] 63-38d-201 .
                      (9) (a) "Open land" means land that is:
                      (i) preserved in or restored to a predominantly natural, open, and undeveloped condition;
                  and
                      (ii) used for:
                      (A) wildlife habitat;
                      (B) cultural or recreational use;
                      (C) watershed protection; or
                      (D) another use consistent with the preservation of the land in or restoration of the land
                  to a predominantly natural, open, and undeveloped condition.
                      (b) (i) "Open land" does not include land whose predominant use is as a developed
                  facility for active recreational activities, including baseball, tennis, soccer, golf, or other sporting
                  or similar activity.
                      (ii) The condition of land does not change from a natural, open, and undeveloped
                  condition because of the development or presence on the land of facilities, including trails,
                  waterways, and grassy areas, that:
                      (A) enhance the natural, scenic, or aesthetic qualities of the land; or
                      (B) facilitate the public's access to or use of the land for the enjoyment of its natural,
                  scenic, or aesthetic qualities and for compatible recreational activities.
                      (10) "State agency" includes each executive, legislative, and judicial branch department,
                  agency, board, commission, or division, however denominated, and each state educational
                  institution.
                      (11) "State Building Energy Efficiency Program" has the meaning as defined in Section
                  63-9-67 .
                      (12) "Surplus land" means real property owned by the Department of Administrative
                  Services, the Department of Agriculture and Food, the Department of Natural Resources, or the
                  Department of Transportation that the individual department determines not to be necessary for

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                  carrying out the mission of the department.
                      Section 6. Section 17-27-303 is amended to read:
                       17-27-303. Plan adoption.
                      (1) (a) After completing a proposed general plan for all or part of the area within the
                  county, the planning commission shall schedule and hold a public hearing on the proposed plan.
                      (b) The planning commission shall provide reasonable notice of the public hearing at
                  least 14 days before the date of the hearing.
                      (c) After the public hearing, the planning commission may make changes to the proposed
                  general plan.
                      (2) The planning commission shall then forward the proposed general plan to the
                  legislative body.
                      (3) (a) The legislative body shall hold a public hearing on the proposed general plan
                  recommended to it by the planning commission.
                      (b) The legislative body shall provide reasonable notice of the public hearing at least 14
                  days before the date of the hearing.
                      (4) (a) (i) In addition to the requirements of Subsections (1), (2), and (3), the legislative
                  body shall hold a public hearing in Salt Lake City on provisions of the proposed county plan
                  regarding Subsection 17-27-301 (3). The hearing procedure shall comply with this Subsection
                  (4).
                      (ii) The hearing format shall allow adequate time for public comment at the actual public
                  hearing, and shall also allow for public comment in writing to be submitted to the legislative
                  body for not fewer than 90 days after the date of the public hearing.
                      (b) (i) The legislative body shall give notice of the hearing in accordance with this
                  Subsection (4) when the proposed plan provisions required by Subsection 17-27-301 (3) are
                  complete.
                      (ii) Direct notice of the hearing shall be given, in writing, to the governor, members of
                  the state Legislature, executive director of the Department of Environmental Quality, the state
                  planning coordinator [under Section 63-28-1 ], the Resource Development Coordinating

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                  Committee [pursuant to Section 63-28a-2 ], and any other citizens or entities who specifically
                  request notice in writing.
                      (iii) Public notice shall be given by publication in at least one major Utah newspaper
                  having broad general circulation in the state, and also in at least one Utah newspaper having a
                  general circulation focused mainly on the county where the proposed high-level nuclear waste or
                  greater than class C radioactive waste site is to be located.
                      (iv) The notice in these newspapers shall be published not fewer than 180 days prior to
                  the date of the hearing to be held under this Subsection (4), to allow reasonable time for
                  interested parties and the state to evaluate the information regarding the provisions of Subsection
                  17-27-301 (3).
                      (5) (a) After a public hearing under this section, the legislative body may make any
                  modifications to the proposed general plan that it considers appropriate.
                      (b) The legislative body shall respond in writing and in a substantive manner to all those
                  providing comments as a result of the hearing required by Subsection (4).
                      (6) The legislative body may:
                      (a) adopt the proposed general plan without amendment;
                      (b) amend the proposed general plan and adopt or reject it as amended; or
                      (c) reject the proposed general plan.
                      (7) (a) The general plan is an advisory guide for land use decisions, except for the
                  provision required by Subsection 17-27-301 (3), which the legislative body shall adopt.
                      (b) The legislative body may adopt an ordinance mandating compliance with the general
                  plan, and shall adopt an ordinance requiring compliance with all provisions of Subsection
                  17-27-301 (3).
                      Section 7. Section 23-14-21 is amended to read:
                       23-14-21. Transplants of big game, turkeys, or sensitive species.
                      (1) The division may transplant big game, turkeys, or sensitive species only in
                  accordance with:
                      (a) a list of sites for the transplant of a particular species that is prepared and adopted in

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                  accordance with Subsections (2) through (5);
                      (b) a species management plan, such as a deer or elk management plan adopted under
                  Section 23-16-7 or a recovery plan for a threatened or endangered species, provided that:
                      (i) the plan identifies sites for the transplant of the species or the lands or waters the
                  species are expected to occupy; and
                      (ii) the public has had an opportunity to comment and make recommendations on the
                  plan; or
                      (c) a legal agreement between the state and a tribal government that identifies potential
                  transplants.
                      (2) The division shall:
                      (a) consult with the landowner in determining the suitability of a site for the transplant of
                  a species;
                      (b) prepare a list of proposed sites for the transplant of species;
                      (c) provide notification of proposed sites for the transplant of species to:
                      (i) local government officials having jurisdiction over areas that may be affected by a
                  transplant; and
                      (ii) the Resource Development Coordinating Committee created in Section [ 63-28a-2 ]
                  63-38d-501 .
                      (3) After receiving comments from local government officials and the Resource
                  Development Coordinating Committee, the division shall submit the list of proposed transplant
                  sites, or a revised list, to regional advisory councils for regions that may be affected by the
                  transplants of species.
                      (4) Each regional advisory council reviewing a list of proposed sites for the transplant of
                  species may submit recommendations to the Wildlife Board.
                      (5) The Wildlife Board shall approve, modify, or reject each proposal for the transplant
                  of a species.
                      (6) Each list of proposed transplant sites approved by the Wildlife Board shall have a
                  termination date after which a transplant may not occur.

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                      Section 8. Section 23-21-2.3 is amended to read:
                       23-21-2.3. Review and adoption of management plans.
                      (1) The division shall submit the draft management plan to the Resource Development
                  Coordinating Committee created in Section [ 63-28a-2 ] 63-38d-501 and the Habitat Council
                  created by the division for their review and recommendations.
                      (2) The division shall submit the draft management plan and any recommendations
                  received from the Resource Development Coordinating Committee and the Habitat Council to:
                      (a) the regional advisory council for the wildlife region in which the lands covered by the
                  management plan are located; and
                      (b) the regional advisory council for any wildlife region that may be affected by the
                  management plan.
                      (3) Each regional advisory council reviewing the draft management plan may make
                  recommendations to the division director.
                      (4) The division director has authority to adopt the management plan, adopt the plan with
                  amendments, or reject the plan.
                      (5) At the request of the division director or any member of the Wildlife Board, the
                  Wildlife Board may review a management plan to determine whether the plan is consistent with
                  board policies.
                      (6) The division director may amend a management plan in accordance with
                  recommendations made by the Wildlife Board.
                      Section 9. Section 26-40-103 is amended to read:
                       26-40-103. Creation and administration of the Utah Children's Health Insurance
                  Program.
                      (1) There is created the Utah Children's Health Insurance Program to be administered by
                  the department in accordance with the provisions of:
                      (a) this chapter; and
                      (b) the State Children's Health Insurance Program, 42 U.S.C. Sec. 1397aa et seq.
                      (2) The department shall:

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                      (a) prepare and submit the state's children's health insurance plan before May 1, 1998,
                  and any amendments to the federal Department of Health and Human Services in accordance
                  with 42 U.S.C. Sec. 1397ff; and
                      (b) make rules in accordance with Title 63, Chapter 46a, Utah Administrative
                  Rulemaking Act regarding:
                      (i) eligibility requirements consistent with Subsection 26-18-3 (6);
                      (ii) program benefits;
                      (iii) the level of coverage for each program benefit;
                      (iv) cost-sharing requirements for enrollees, which may not:
                      (A) exceed the guidelines set forth in 42 U.S.C. Sec. 1397ee; or
                      (B) impose deductible, copayment, or coinsurance requirements on an enrollee for
                  well-child, well-baby, and immunizations; and
                      (v) the administration of the program.
                      [(3) Before July 1, 2001, the Governor's Office of Planning and Budget shall study the
                  effectiveness of the department's administration of the program and report any findings to:]
                      [(a) the Health and Human Services Interim Committee of the Legislature; and]
                      [(b) the department.]
                      Section 10. Section 36-2-4 is amended to read:
                       36-2-4. Legislative Compensation Commission created -- Governor's considerations
                  in appointments -- Organization and expenses.
                      (1) There is created a state Legislative Compensation Commission composed of seven
                  members appointed by the governor, not more than four of whom shall be from the same political
                  party.
                      (2) (a) Except as required by Subsection (2)(b), the members shall be appointed for
                  four-year terms.
                      (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time
                  of appointment or reappointment, adjust the length of terms to ensure that the terms of board
                  members are staggered so that approximately half of the board is appointed every two years.

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                      (c) When a vacancy occurs in the membership for any reason, the replacement shall be
                  appointed for the unexpired term in the same manner as the vacated member was chosen.
                      (3) In appointing members of the commission, the governor shall give consideration to
                  achieving representation from the major geographic areas of the state, and representation from a
                  broad cross section of occupational, professional, employee, and management interests.
                      (4) The commission shall select a chair. Four members of the commission shall
                  constitute a quorum. The commission shall not make any final determination without the
                  concurrence of a majority of its members appointed and serving on the commission being
                  present.
                      (5) (a) Members 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 .
                      (b) Members may decline to receive per diem and expenses for their service.
                      (6) (a) The commission shall be a citizen commission and no member or employee of the
                  legislative, judicial, or executive branch is eligible for appointment to the commission.
                      (b) The [state budget] director of the Governor's Office of Planning and Budget:
                      (i) shall [serve as] provide staff to the commission[,]; and [shall be]
                      (ii) is responsible for administration, budgeting, procurement, and related management
                  functions for the commission.
                      Section 11. Section 62A-15-612 is amended to read:
                       62A-15-612. Allocation of pediatric state hospital beds -- Formula.
                      (1) As used in this section:
                      (a) "Pediatric beds" means the total number of patient beds located in the children's unit
                  and the youth units at the state hospital, as determined by the superintendent of the state hospital.
                      (b) "Mental health catchment area" means a county or group of counties governed by a
                  local mental health authority.
                      (2) The board shall establish by rule a formula to separately allocate to local mental
                  health authorities pediatric beds for persons who meet the requirements of Subsection

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                  62A-15-610 (2)(b). On July 1, 1996, 72 pediatric beds shall be allocated to local mental health
                  authorities under this section. That number shall be reviewed and adjusted as necessary every
                  three years according to the state's population of persons under 18 years of age. All population
                  figures utilized shall reflect the most recent available population estimates from the [governor's]
                  Governor's Office of Planning and Budget.
                      (3) The formula established under Subsection (2) becomes effective on July 1, 1996, and
                  shall provide for allocation of beds based on the percentage of the state's population of persons
                  under the age of 18 located within a mental health catchment area. Each community mental
                  health center shall be allocated at least one bed.
                      (4) A local mental health authority may sell or loan its allocation of beds to another local
                  mental health authority.
                      (5) The division shall allocate 72 pediatric beds at the state hospital to local mental
                  health authorities for their use in accordance with the formula established under this section. If a
                  local mental health authority is unable to access a bed allocated to it under that formula, the
                  division shall provide that local mental health authority with funding equal to the reasonable,
                  average daily cost of an acute care bed purchased by the local mental health authority.
                      (6) The board shall periodically review and make changes in the formula established
                  under Subsection (2) as necessary to accurately reflect changes in the state's population.
                      Section 12. Section 63-5-4 is amended to read:
                       63-5-4. Disaster Emergency Advisory Council created -- Function -- Composition --
                  Expenses.
                      (1) A Disaster Emergency Advisory Council is created to provide advice to the governor
                  on matters relating to state government emergency disaster response and recovery actions and
                  activities.
                      (2) The council shall meet at the call of the governor.
                      (3) The Disaster Emergency Advisory Council comprises the:
                      (a) lieutenant governor;
                      (b) attorney general;

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                      (c) president of the Senate;
                      (d) speaker of the House of Representatives;
                      (e) heads of the following state agencies:
                      (i) Public Safety;
                      (ii) Division of Emergency Services and Homeland Security;
                      (iii) Building Board; and
                      (iv) Governor's Office of Planning and Budget;
                      (f) executive directors of the following departments:
                      (i) Transportation;
                      (ii) Human Services;
                      (iii) Health;
                      (iv) Environmental Quality;
                      (v) Community and Economic Development; and
                      (vi) Natural Resources;
                      (g) representative of the National Guard appointed by the governor with the consent of
                  the Senate;
                      (h) commissioner of agriculture and food;
                      (i) state planning coordinator; and
                      (j) representatives from two statewide, nongovernmental service organizations appointed
                  by the governor with the consent of the Senate.
                      (4) The commissioner of Public Safety shall serve as the chair of the council.
                      (5) (a) (i) State government officer 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 council 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.
                      (b) Legislators on the committee shall receive compensation and expenses as provided by

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                  law and legislative rule.
                      Section 13. Section 63-34-15 , which is renumbered from Section 63-28-6 is renumbered
                  and amended to read:
                       [63-28-6].     63-34-15. Outdoor recreation facilities -- Participation in federal
                  programs.
                      The Legislature finds that the state of Utah and its political subdivisions should enjoy the
                  benefits of federal assistance programs for the planning and development of the outdoor
                  recreation resources of the state, including the acquisition of lands and waters and interests
                  therein. It is the purpose of this act to provide authority to enable the state of Utah and its
                  political subdivisions to participate in the benefits of such programs, by and through the
                  executive director of natural resources, under the direction of the governor, or such other agent or
                  agencies as the governor may from time to time designate.
                      Section 14. Section 63-34-16 , which is renumbered from Section 63-28-7 is renumbered
                  and amended to read:
                       [63-28-7].     63-34-16. Outdoor recreation facilities -- Executive director to plan.
                      The executive director of natural resources, in cooperation with [the State Advisory
                  Planning Committee and] the state planning coordinator and the state and local agencies
                  responsible for planning, acquisition, and development of outdoor recreation facilities, is
                  authorized to prepare, maintain, and keep up to date a comprehensive plan for the development
                  of the outdoor recreation resources of the state. The completed plan and all amendments thereto
                  shall be submitted to the governor for his review and approval.
                      Section 15. Section 63-34-17 , which is renumbered from Section 63-28-8 is renumbered
                  and amended to read:
                       [63-28-8].     63-34-17. Outdoor recreation facilities -- Powers of executive director
                  to obtain federal aid.
                      The executive director of natural resources may apply to any appropriate agency or officer
                  of the United States for participation in or the receipt of aid from any federal program respecting
                  outdoor recreation. He may, in cooperation with other state agencies, enter into contracts and

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                  agreements with the United States or any appropriate agency thereof with the approval of the
                  governor, keep financial and other records relating thereto, and furnish to appropriate officials
                  and agencies of the United States such reports and information as may be reasonably necessary to
                  enable such officials and agencies to perform their duties under such programs. In connection
                  with obtaining the benefits of any such program, the executive director of natural resources shall
                  coordinate the department's activities with and represent the interests of all agencies and
                  subdivisions of the state having interests in the planning, development, and maintenance of
                  outdoor recreation resources and facilities.
                      Section 16. Section 63-34-18 , which is renumbered from Section 63-28-9 is renumbered
                  and amended to read:
                       [63-28-9].     63-34-18. Outdoor recreation facilities -- Department of Natural
                  Resources as agent of state.
                      The Department of Natural Resources is authorized to act as the agent of state and local
                  agencies to receive and to disburse federal moneys in accordance with the comprehensive plan
                  for the development of the outdoor recreation resources of the state as approved by the governor.
                      Section 17. Section 63-34-19 , which is renumbered from Section 63-28-10 is
                  renumbered and amended to read:
                       [63-28-10].     63-34-19. Outdoor recreation facilities -- Availability of funds for
                  shares of state or political subdivision project costs required.
                      The executive director of natural resources shall make no commitment or enter into any
                  agreement pursuant to an exercise of authority under this act and neither shall the governor
                  approve the same until it has determined that sufficient funds are available to it for meeting the
                  state's share, if any, of project costs. It is the legislative intent that, to such extent as may be
                  necessary to assure the proper operation and maintenance of areas and facilities acquired or
                  developed pursuant to any program participated in by this state under authority of this act, such
                  areas and facilities shall be publicly maintained for outdoor recreation purposes. The executive
                  director of natural resources may enter into and administer agreements with the United States or
                  any appropriate agency thereof with the approval of the governor for planning, acquisition, and

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                  development projects involving participating federal-aid funds on behalf of any political
                  subdivision or subdivisions of this state, if such political subdivision or subdivisions give
                  necessary assurance to the executive director of natural resources that they have available
                  sufficient funds to meet their shares, if any, of the cost of the project and that the acquired or
                  developed areas will be operated and maintained at the expense of such political subdivision or
                  subdivisions for public outdoor recreation use.
                      Section 18. Section 63-38-3 is amended to read:
                       63-38-3. Appropriations governed by chapter -- Restrictions on expenditures --
                  Transfer of funds.
                      (1) All moneys appropriated by the Legislature are appropriated upon the terms and
                  conditions set forth in this chapter, and any department, agency, or institution, except the
                  Legislature and its committees, or where specifically exempted by the appropriating act, which
                  accepts moneys appropriated by the Legislature, does so subject to this chapter.
                      (2) (a) In providing that certain appropriations are to be expended in accordance with a
                  schedule or other restrictions, if any, set forth after each appropriations item, it is the intent of the
                  Legislature to limit the amount of money to be expended from each appropriations item for
                  certain specified purposes.
                      (b) Each schedule:
                      (i) is a restriction or limitation upon the expenditure of the respective appropriation
                  made;
                      (ii) does not itself appropriate any money; and
                      (iii) is not itself an item of appropriation.
                      (c) Except as provided in Subsections 63-9-67 (2) and 63-38-18 (2), an appropriation or
                  any surplus of any appropriation may not be diverted from any department, agency, institution, or
                  division to any other department, agency, institution, or division.
                      (d) The money appropriated subject to a schedule or restriction may be used only for the
                  purposes authorized.
                      (e) (i) If any department, agency, or institution for which money is appropriated requests

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                  the transfer of moneys appropriated to it from one purpose or function to another purpose or
                  function within an item of appropriation, the [state budget officer] director of the Governor's
                  Office of Planning and Budget shall require a new work program to be submitted for the fiscal
                  year involved setting forth the purpose and necessity for such transfer.
                      (ii) The [budget officer] director and fiscal officer shall review the proposed change and
                  submit their findings and recommendations to the governor, who may permit the transfer.
                      (iii) The state fiscal officer shall notify the Legislature through the Office of the
                  Legislative Fiscal Analyst of action taken by the governor.
                      (f) Except as provided in Subsections 63-9-67 (2) and 63-38-18 (2), monies may not be
                  transferred from one item of appropriation to any other item of appropriation.
                      (3) This section does not apply to the Investigation Account of the Water Resources
                  Construction Fund. The investigation account shall continue to be governed by Section 73-10-8 .
                      Section 19. Section 63-38-3.2 is amended to read:
                       63-38-3.2. Fees -- Adoption, procedure, and approval -- Establishing and assessing
                  fees without legislative approval.
                      (1) As used in this section:
                      (a) (i) "Agency" means each department, commission, board, council, agency, institution,
                  officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau,
                  panel, or other administrative unit of the state.
                      (ii) "Agency" does not mean the Legislature or its committees.
                      (b) "Fee agency" means any agency that is authorized to establish regulatory fees.
                      (c) "Fee schedule" means the complete list of regulatory fees charged by a fee agency and
                  the amount of those fees.
                      (d) "Regulatory fees" means fees established for licensure, registration, or certification.
                      (2) Each fee agency shall:
                      (a) adopt a schedule of fees assessed for services provided by the fee agency that are:
                      (i) reasonable, fair, and reflect the cost of services provided; and
                      (ii) established according to a cost formula determined by the director of the Governor's

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                  Office of Planning and Budget and the director of the Division of Finance in conjunction with the
                  agency seeking to establish the regulatory fee;
                      (b) conduct a public hearing on any proposed regulatory fee and increase or decrease the
                  proposed regulatory fee based upon the results of the public hearing;
                      (c) except as provided in Subsection (6), submit the fee schedule to the Legislature as
                  part of the agency's annual appropriations request;
                      (d) where necessary, modify the fee schedule to implement the Legislature's actions; and
                      (e) deposit all regulatory fees collected under the fee schedule into the General Fund.
                      (3) A fee agency may not:
                      (a) set regulatory fees by rule; or
                      (b) charge or collect any regulatory fee without approval by the Legislature unless the fee
                  agency has complied with the procedures and requirements of Subsection (5).
                      (4) The Legislature may approve, increase or decrease and approve, or reject any
                  regulatory fee submitted to it by a fee agency.
                      (5) (a) After the public hearing required by this section, a fee agency may establish and
                  assess regulatory fees without legislative approval if:
                      (i) the Legislature creates a new program that is to be funded by regulatory fees to be set
                  by the Legislature; and
                      (ii) the new program's effective date is before the Legislature's next annual general
                  session; or
                      (iii) the Division of Occupational and Professional licensing makes a special assessment
                  against qualified beneficiaries under the Residence Lien Restriction and Lien Recovery Fund Act
                  as provided in Subsection 38-11-206 (1).
                      (b) Each fee agency shall submit its fee schedule or special assessment amount to the
                  Legislature for its approval at a special session, if allowed in the governor's call, or at the next
                  annual general session of the Legislature, whichever is sooner.
                      (c) Unless the fee schedule is approved by the Legislature, the fee agency may not collect
                  a regulatory fee set according to this subsection after the adjournment of the annual general

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                  session following the session that established the new program.
                      (6) (a) Each fee agency that wishes to increase any regulatory fee by 5% or more shall
                  obtain legislative approval for the fee increase as provided in this subsection before assessing the
                  new regulatory fee.
                      (b) Each fee agency that wishes to increase any regulatory fee by 5% or more shall
                  submit to the governor as part of the agency's annual appropriation request a list that identifies:
                      (i) the title or purpose of the regulatory fee;
                      (ii) the present amount of the regulatory fee;
                      (iii) the proposed new amount of the regulatory fee;
                      (iv) the percent that the regulatory fee will have increased if the Legislature approves the
                  higher fee; and
                      (v) the reason for the increase in the regulatory fee.
                      (c) (i) The governor may review and approve, modify and approve, or reject the
                  regulatory fee increases.
                      (ii) The governor shall transmit the list required by Subsection (6)(b), with any
                  modifications, to the Legislative Fiscal Analyst with the governor's budget recommendations.
                      (d) Bills approving any regulatory fee increases of 5% or more shall be filed before the
                  beginning of the Legislature's annual general session, if possible.
                      Section 20. Section 63-38-9 is amended to read:
                       63-38-9. Revenue types -- Disposition of funds collected or credited by a state
                  agency.
                      (1) (a) The revenues enumerated in this section are established as major revenue types.
                      (b) The Division of Finance shall:
                      (i) account for revenues in accordance with generally accepted accounting principles; and
                      (ii) use the major revenue types in internal accounting.
                      (c) Each agency shall:
                      (i) use the major revenue types enumerated in this section to account for revenues;
                      (ii) deposit revenues and other public funds received by them by following the

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                  procedures and requirements of Title 51, Chapter 7, State Money Management Act; and
                      (iii) expend revenues and public funds as required by this chapter.
                      (2) The major revenue types are:
                      (a) free revenue;
                      (b) restricted revenue;
                      (c) dedicated credits; and
                      (d) fixed collections.
                      (3) (a) Free revenue includes:
                      (i) collections that are required by law to be deposited in the General Fund, the Uniform
                  School Fund, or the Transportation Fund;
                      (ii) collections that are not otherwise designated by law;
                      (iii) collections that are not externally restricted; and
                      (iv) collections that are not included in an approved work program.
                      (b) Each agency shall deposit its free revenues into the appropriate fund.
                      (c) An agency may expend free revenues up to the amount specifically appropriated by
                  the Legislature.
                      (d) Any free revenue funds appropriated by the Legislature to an agency that remain
                  unexpended at the end of the fiscal year lapse to the source fund unless the Legislature provides
                  by law that those funds are nonlapsing.
                      (4) (a) Restricted revenues are collections deposited by law into a separate fund or
                  subfund that are designated for a specific program or purpose.
                      (b) Each agency shall deposit its restricted revenues into a restricted fund.
                      (c) The Legislature may appropriate restricted revenues from a restricted fund for the
                  specific purpose or program designated by law.
                      (d) If the fund equity of a restricted fund is insufficient to provide the funds appropriated
                  from it by the Legislature, the Division of Finance may reduce the appropriation to a level that
                  ensures that the fund equity is not less than zero.
                      (e) Any restricted revenue funds appropriated by the Legislature to an agency that remain

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                  unexpended at the end of the fiscal year lapse to the restricted fund unless the Legislature
                  provides by law that those funds, or the program or line item financed by those funds, are
                  nonlapsing.
                      (5) (a) Dedicated credits and federal revenues are collections by an agency that are
                  deposited directly into an account for expenditure on a separate line item and program.
                      (b) An agency may expend dedicated credits for any purpose within the program or line
                  item.
                      (c) (i) An agency may expend dedicated credits in excess of the amount appropriated as
                  dedicated credits by the Legislature by following the procedures contained in this Subsection
                  (5)(c).
                      (ii) The agency shall develop a new work program and the justification for the work
                  program and submit it to the Division of Finance and the [state budget officer] director of the
                  Governor's Office of Planning and Budget. Except for monies deposited as dedicated credits in
                  the [Illegal] Drug Stamp Tax Fund under Section 59-19-105 or line items covering tuition and
                  federal vocational funds at institutions of higher learning, any expenditure of dedicated credits in
                  excess of amounts appropriated as dedicated credits by the Legislature may not be used to
                  permanently increase personnel within the agency unless approved by the Legislature.
                      (iii) The Division of Finance and the [state budget officer] director of the Governor's
                  Office of Planning and Budget shall review the program and submit their findings and
                  recommendations to the governor.
                      (iv) The governor may authorize the agency to expend its excess dedicated credits by
                  approving the submitted work program.
                      (v) The state's fiscal officer shall notify the Legislature by providing notice of the
                  governor's action to the Office of Legislative Fiscal Analyst.
                      (d) (i) All excess dedicated credits lapse to the appropriate fund at the end of the fiscal
                  year unless the Legislature has designated the entire program or line item that is partially or fully
                  funded from dedicated credits as nonlapsing.
                      (ii) The Division of Finance shall determine the appropriate fund into which the

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                  dedicated credits lapse.
                      (6) (a) Fixed collections are collections:
                      (i) fixed by law or by the appropriation act at a specific amount; and
                      (ii) required by law to be deposited into a separate line item and program.
                      (b) The Legislature may establish by law the maximum amount of fixed collections that
                  an agency may expend.
                      (c) If an agency receives less than the maximum amount of expendable fixed collections
                  established by law, the agency's authority to expend is limited to the amount of fixed collections
                  that it receives.
                      (d) If an agency receives fixed collections greater than the maximum amount of
                  expendable fixed collections established by law, those excess amounts lapse to the General Fund,
                  the Uniform School Fund, or the Transportation Fund as designated by the director of the
                  Division of Finance at the end of the fiscal year.
                      (7) (a) Unless otherwise specifically provided by law, when an agency has a program or
                  line item that is funded by more than one major revenue type, the agency shall expend its
                  dedicated credits and fixed collections first.
                      (b) Unless otherwise specifically provided by law, when programs or line items are
                  funded by more than one major revenue type and include both free revenue and restricted
                  revenue, an agency shall expend those sources based upon a proration of the amounts
                  appropriated from each of those major revenue types.
                      Section 21. Section 63-38-14 is amended to read:
                       63-38-14. Request for in-depth budget review of agency or program -- Form of
                  budget submitted.
                      The Legislative Management Committee, upon recommendation of an appropriations
                  subcommittee of the Legislature, may request of the governor for any designated fiscal year, an
                  in-depth budget review of any state department, agency, institution or program. When responding
                  to a request for an in-depth budget review, the governor shall submit for the department, agency,
                  institution or program for the fiscal year indicated a budget prepared in accordance with Section

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                  63-38-15 and using the format and procedures developed by the [state budget officer] director of
                  the Governor's Office of Planning and Budget in cooperation with the legislative fiscal analyst.
                  This format shall be constructed to assist the analyst and the Legislature in reviewing the
                  justification for selected departments, agencies, and institutions or any of their programs and
                  activities.
                      Section 22. Section 63-38-15 is amended to read:
                       63-38-15. Purpose of review -- Information submitted.
                      The purpose of an in-depth budget review is to determine whether each department,
                  agency, institution or program warrants continuation of its current level of expenditure or at a
                  different level, or if it should be terminated. The budget for a state department, agency,
                  institution or program subject to an in-depth budget review shall be a detailed plan in which
                  programs and activities within programs are organized and budgeted after analysis and evaluation
                  are made of all proposed expenditures. In the presentation of the budget of a department, agency,
                  institution or program subject to in-depth budget review, the governor shall include the
                  following:
                      (1) a statement of agency and program objectives, effectiveness measures, and program
                  size indicators;
                      (2) alternative funding levels for each program with effectiveness measures and program
                  size indicators detailed for each alternative funding level. Alternative funding levels shall be
                  determined as percentages of the appropriations level authorized by the Legislature for the
                  current fiscal year. The percentages shall be determined for each in-depth budget review by the
                  [state budget officer] director of the Governor's Office of Planning and Budget in consultation
                  with the legislative fiscal analyst;
                      (3) a priority ranking of all programs and activities in successively increasing levels of
                  performance and funding;
                      (4) other budgetary information requested by the legislative fiscal analyst; and
                      (5) a statement containing further recommendations of the governor as appropriate.
                      Section 23. Section 63-38c-102 is amended to read:

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                       63-38c-102. Purpose of chapter -- Limitations on state mandated property tax, state
                  appropriations, and state debt.
                      (1) (a) It is the purpose of this chapter to:
                      (i) place a limitation on the state mandated property tax rate under [the Minimum School
                  Program Act,] Title 53A, Chapter 17a, Minimum School Program Act;
                      (ii) place limitations on state government appropriations based upon the average of
                  changes in personal income and the combined changes in population and inflation; and
                      (iii) place a limitation on the state's outstanding general obligation debt.
                      (b) The limitations imposed by this chapter are in addition to limitations on tax levies,
                  rates, and revenues otherwise provided for by law.
                      (2) (a) This chapter may not be construed as requiring the state to collect the full amount
                  of tax revenues permitted to be appropriated by this chapter.
                      (b) This chapter's purpose is to provide a ceiling, not a floor, limitation on the
                  appropriations of state government.
                      (3) The recommendations and budget analysis prepared by the [Utah] Governor's Office
                  of Planning and Budget and the [Utah] Office of the Legislative Fiscal Analyst, as required by
                  Title 36, Chapter 12, Legislative Organization, shall be in strict compliance with the limitations
                  imposed under this chapter.
                      Section 24. Section 63-38c-103 is amended to read:
                       63-38c-103. Definitions.
                      As used in this chapter:
                      (1) (a) "Appropriations" means actual unrestricted capital and operating appropriations
                  from unrestricted General Fund, Uniform School Fund, and Transportation Fund sources as
                  presented in the governor's executive budgets.
                      (b) "Appropriation" includes appropriations that are contingent upon available surpluses
                  in the General Fund, Uniform School Fund, or Transportation Fund.
                      (c) "Appropriation" includes appropriations made to the Centennial Highway Fund from
                  unrestricted General Fund and Transportation Fund revenues.

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                      (d) "Appropriations" does not mean:
                      (i) debt service expenditures;
                      (ii) emergency expenditures;
                      (iii) expenditures from all other fund or subfund sources presented in the executive
                  budgets;
                      (iv) transfers into, or appropriations made to, the Budgetary Reserve Account established
                  in Section 63-38-2.5 ;
                      (v) monies appropriated to fund the total one-time project costs for the construction of
                  capital developments as defined in Section 63A-5-104 ; or
                      (vi) appropriations made to the Centennial Highway Fund from sources other than the
                  unrestricted General Fund and Transportation Fund revenues created by Section 72-2-118 .
                      (2) "Base year real per capita appropriations" means the result obtained for the state by
                  dividing the fiscal year 1985 actual appropriations of the state less debt monies, less $55 million
                  appropriated for flooding and less $14.2 million appropriated for capital projects in Section 3 of
                  Chapter 265, Laws of Utah 1985 General Session, by:
                      (a) the state's July 1, 1983 population; and
                      (b) the fiscal year 1983 inflation index divided by 100.
                      (3) "Calendar year" means the time period beginning on January 1 of any given year and
                  ending on December 31 of the same year.
                      (4) "Fiscal emergency" means an extraordinary occurrence requiring immediate
                  expenditures and includes the settlement under Chapter 4, Laws of Utah 1988, Fourth Special
                  Session.
                      (5) "Fiscal year" means the time period beginning on July 1 of any given year and ending
                  on June 30 of the subsequent year.
                      (6) "Fiscal year 1985 actual base year appropriations" means fiscal year 1985 actual
                  capital and operations appropriations from general, uniform school, and transportation fund
                  sources, less debt monies, less $55 million appropriated for flooding, and less $14.2 million
                  appropriated for capital projects in Section 3, Chapter 265, Laws of Utah 1985.

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                      (7) "Inflation index" means the change in the general price level of goods and services as
                  measured by the Gross National Product Implicit Price Deflator of the Bureau of Economic
                  Analysis, U.S. Department of Commerce calculated as provided in Section 63-38c-202 .
                      (8) (a) "Maximum allowable appropriations limit" means the appropriations that could
                  be, or could have been, spent in any given year under the limitations of this chapter.
                      (b) "Maximum allowable appropriations limit" does not mean actual appropriations spent
                  or actual expenditures.
                      (9) "Most recent fiscal year's inflation index" means the fiscal year inflation index two
                  fiscal years previous to the fiscal year for which the maximum allowable inflation and population
                  appropriations limit is being computed under this chapter.
                      (10) "Most recent fiscal year's personal income" means the fiscal year personal income
                  two fiscal years previous to the fiscal year for which the maximum allowable personal income
                  appropriations limit is being computed under this chapter.
                      (11) "Most recent fiscal year's population" means the fiscal year population two fiscal
                  years previous to the fiscal year for which the maximum allowable inflation and population
                  appropriations limit is being computed under this chapter.
                      (12) "Personal income" means the total personal income of the state as calculated by the
                  Governor's Office of Planning and Budget according to the procedures and requirements of
                  Section 63-38c-202 .
                      (13) "Population" means the number of residents of the state as of July 1 of each year as
                  calculated by the Governor's Office of Planning and Budget according to the procedures and
                  requirements of Section 63-38c-202 .
                      (14) "Revenues" means the revenues of the state from every tax, penalty, receipt, and
                  other monetary exaction and interest connected with it that are recorded as unrestricted revenue
                  of the General Fund, Uniform School Fund, and Transportation Fund, except as specifically
                  exempted by this chapter.
                      (15) "Security" means any bond, note, warrant, or other evidence of indebtedness,
                  whether or not the bond, note, warrant, or other evidence of indebtedness is or constitutes an

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                  "indebtedness" within the meaning of any provision of the constitution or laws of this state.
                      Section 25. Section 63-38c-202 is amended to read:
                       63-38c-202. Computing formula elements.
                      (1) For purposes of computing the most recent fiscal year's personal income, the
                  Governor's Office of Planning and Budget shall use the quarterly data produced by the Bureau of
                  Economic Analysis, U.S. Department of Commerce.
                      (2) For purposes of calculating fiscal year inflation indexes and fiscal year personal
                  income for the previous fiscal year, the Governor's Office of Planning and Budget shall use:
                      (a) the actual quarterly data released by the U.S. Department of Commerce as of January
                  31 of each year; and
                      (b) the most recent U.S. Bureau of Census population estimates as of January 31 of each
                  year.
                      (3) (a) For purposes of computing the inflation index, the Governor's Office of Planning
                  and Budget shall:
                      (i) assign the bureau's 1982 calendar year inflation index value of 100 to fiscal year 1989
                  for purposes of computing fiscal year index values;
                      (ii) compute all subsequent fiscal year inflation indexes after having assigned the fiscal
                  year 1989 inflation index a value of 100; and
                      (iii) use the quarterly index values published by the Bureau of Economic Analysis, U.S.
                  Department of Commerce, to compute fiscal year index values.
                      (b) If the bureau changes its calendar base year, appropriate adjustments are to be made
                  in this chapter to accommodate those changes.
                      (4) (a) For purposes of computing the most recent fiscal year's population, the
                  Governor's Office of Planning and Budget shall convert the April 1 decennial census estimate to
                  a July 1 estimate, unless otherwise estimated by the Bureau of Census.
                      (b) If the bureau changes the state's July 1, 1983 base year population after it conducts
                  the 1990 Census, appropriate adjustments shall be made in this chapter to accommodate those
                  changes.

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                      Section 26. Section 63-38d-101 is enacted to read:
                 
CHAPTER 38d. GOVERNOR'S OFFICE OF PLANNING AND BUDGET

                 
Part 1. General Provisions

                      63-38d-101. Title.
                      This chapter is known as the "Governor's Office of Planning and Budget."
                      Section 27. Section 63-38d-102 is enacted to read:
                      63-38d-102. Definitions.
                      As used in this chapter:
                      (1) "Committee" means the Resource Development Coordinating Committee created by
                  this chapter.
                      (2) "Director" means the chief administrative officer of the Governor's Office of
                  Planning and Budget appointed as provided in this chapter.
                      (3) "Office" means the Governor's Office of Planning and Budget created by this chapter.
                      (4) " Political subdivision" means a county, municipality, special district, school district,
                  interlocal cooperation agreement entity, or any administrative subunit of them.
                      (5) "State planning coordinator" means the person appointed as planning coordinator as
                  provided in this chapter.
                      Section 28. Section 63-38d-201 is enacted to read:
                 
Part 2. Governor's Office of Planning and Budget

                      63-38d-201. Creation.
                      There is created within the governor's office the Governor's Office of Planning and
                  Budget to be administered by a director.
                      Section 29. Section 63-38d-202 is enacted to read:
                      63-38d-202. Appointment of director, state planning coordinator.
                      (1) (a) The governor shall appoint, to serve at the governor's pleasure:
                      (i) a director of the Governor's Office of Planning and Budget; and
                      (ii) a state planning coordinator.
                      (b) The state planning coordinator is considered part of the office for purposes of

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                  administration.
                      (2) The governor shall establish the director's salary within the salary range fixed by the
                  Legislature in Title 67, Chapter 22, State Officer Compensation.
                      Section 30. Section 63-38d-301 is enacted to read:
                 
Part 3. Budget Duties

                      63-38d-301. Budget duties of the director and office.
                      (1) The director and the office shall:
                      (a) comply with the procedures and requirements of Title 63, Chapter 38, Budgetary
                  Procedures Act;
                      (b) under the direct supervision of the governor, assist the governor in the preparation of
                  the governor's budget recommendations;
                      (c) advise the governor with regard to approval or revision of agency work programs as
                  specified in Section 63-38-11 ; and
                      (d) perform other duties and responsibilities as assigned by the governor.
                      (2) (a) The director of the Governor's Office of Planning and Budget or the director's
                  designee is the Federal Assistance Management Officer.
                      (b) In acting as the Federal Assistance Management Officer, the director or designee
                  shall:
                      (i) study the administration and effect of federal assistance programs in the state and
                  advise the governor and the Legislature, through the Office of Legislative Fiscal Analyst and the
                  Executive Appropriations Committee, of alternative recommended methods and procedures for
                  the administration of these programs;
                      (ii) assist in the coordination of federal assistance programs that involve or are
                  administered by more than one state agency; and
                      (iii) analyze and advise on applications for new federal assistance programs submitted to
                  the governor for approval.
                      Section 31. Section 63-38d-401 is enacted to read:
                 
Part 4. Planning


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                      63-38d-401. Planning duties of the planning coordinator and office.
                      (1) The state planning coordinator shall:
                      (a) act as the governor's adviser on state, regional, metropolitan, and local governmental
                  planning matters relating to public improvements and land use;
                      (b) counsel with the authorized representatives of the Department of Transportation, the
                  State Building Board, the Department of Health, the Department of Workforce Services, the
                  Labor Commission, the Department of Natural Resources, the School and Institutional Trust
                  Lands Administration, and other proper persons concerning all state planning matters;
                      (c) when designated to do so by the governor, receive funds made available to Utah by
                  the federal government;
                      (d) receive and review plans of the various state agencies and political subdivisions
                  relating to public improvements and programs;
                      (e) when conflicts occur between the plans and proposals of state agencies, prepare
                  specific recommendations for the resolution of the conflicts and submit the recommendations to
                  the governor for a decision resolving the conflict;
                      (f) when conflicts occur between the plans and proposals of a state agency and a political
                  subdivision or between two or more political subdivisions, advise these entities of the conflict
                  and make specific recommendations for the resolution of the conflict;
                      (g) act as the governor's planning agent in planning public improvements and land use
                  and, in this capacity, undertake special studies and investigations;
                      (h) provide information and cooperate with the Legislature or any of its committees in
                  conducting planning studies;
                      (i) cooperate and exchange information with federal agencies and local, metropolitan, or
                  regional agencies as necessary to assist with federal, state, regional, metropolitan, and local
                  programs; and
                      (j) make recommendations to the governor that the planning coordinator considers
                  advisable for the proper development and coordination of plans for state government and
                  political subdivisions.

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                      (2) The state planning coordinator may:
                      (a) perform regional and state planning and assist city, county, metropolitan, regional,
                  and state government planning agencies in performing local, metropolitan, regional, and state
                  planning; and
                      (b) provide planning assistance to Indian tribes regarding planning for Indian
                  reservations.
                      (3) (a) The state planning coordinator may prepare plans, programs, or processes, and
                  coordinate the development of policies concerning the use of public lands in Utah to promote
                  maximum recognition of state and local interest in the federal land use management process.
                      (b) The state planning coordinator shall:
                      (i) develop all state policies, plans, programs, or processes in cooperation with
                  appropriate state agencies and political subdivisions by coordinating the development of
                  positions through the Resource Development Coordinating Committee; and
                      (ii) solicit public comment through the Resource Development Coordinating Committee.
                      (4) Nothing contained in this section may be construed to restrict the planning powers
                  conferred upon state departments, agencies, or instrumentalities of the state or political
                  subdivisions by any other existing law.
                      Section 32. Section 63-38d-501 is enacted to read:
                 
Part 5. Resource Development Coordinating Committee

                      63-38d-501. Creation.
                      There is created the Resource Development Coordinating Committee within the
                  Governor's Office of Planning and Budget to:
                      (1) assist the state planning coordinator in fulfilling the responsibilities of reviewing and
                  coordinating technical and policy actions that may affect the physical resources of the state; and
                      (2) facilitate the exchange of information on those actions among state agencies and
                  other levels of government.
                      Section 33. Section 63-38d-502 is enacted to read:
                      63-38d-502. Membership -- Terms -- Chair -- Expenses.

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                      (1) The Resource Development Coordinating Committee shall consist of the following
                  25 members:
                      (a) the state science advisor;
                      (b) a representative from the Department of Agriculture and Food appointed by the
                  executive director;
                      (c) a representative from the Department of Community and Economic Development
                  appointed by the executive director;
                      (d) a representative from the Department of Environmental Quality appointed by the
                  executive director;
                      (e) a representative from the Department of Natural Resources appointed by the
                  executive director;
                      (f) a representative from the Department of Transportation appointed by the executive
                  director;
                      (g) a representative from the Division of Business and Economic Development appointed
                  by the director;
                      (h) a representative from the Division of Community Development appointed by the
                  director;
                      (i) a representative from the Division of State History appointed by the director;
                      (j) a representative from the Division of Air Quality appointed by the director;
                      (k) a representative from the Division of Drinking Water appointed by the director;
                      (l) a representative from the Division of Environmental Response and Remediation
                  appointed by the director;
                      (m) a representative from the Division of Radiation appointed by the director;
                      (n) a representative from the Division of Solid and Hazardous Waste appointed by the
                  director;
                      (o) a representative from the Division of Water Quality appointed by the director;
                      (p) a representative from the Division of Oil, Gas, and Mining appointed by the director;
                      (q) a representative from the Division of Parks and Recreation appointed by the director;

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                      (r) a representative from the Division of Forestry, Fire and State Lands appointed by the
                  director;
                      (s) a representative from the Utah Geological Survey appointed by the director;
                      (t) a representative from the Division of Water Resources appointed by the director;
                      (u) a representative from the Division of Water Rights appointed by the director;
                      (v) a representative from the Division of Wildlife Resources appointed by the director;
                      (w) a representative from the School and Institutional Trust Lands Administration
                  appointed by the director;
                      (x) a representative from the Division of Facilities Construction and Management
                  appointed by the director; and
                      (y) a representative from the Division of Emergency Services and Homeland Security
                  appointed by the director.
                      (2) (a) As particular issues require, the committee may, by majority vote of the members
                  present, and with the concurrence of the state planning coordinator, appoint additional temporary
                  members to serve as ex officio voting members.
                      (b) Those ex officio members may discuss and vote on the issue or issues for which they
                  were appointed.
                      (3) A chair shall be selected by a majority vote of committee members with the
                  concurrence of the state planning coordinator.
                      (4) (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 officer 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 council at the rates established by the Division
                  of Finance under Sections 63A-3-106 and 63A-3-107 .

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                      (ii) State government officer and employee members may decline to receive per diem
                  and expenses for their service.
                      Section 34. Section 63-38d-503 is enacted to read:
                      63-38d-503. Planning coordinator responsibilities.
                      The state planning coordinator shall:
                      (1) administer this part;
                      (2) subject to the direction and approval of the governor, take necessary action for its
                  implementation; and
                      (3) inform political subdivision representatives, in advance, of all committee meetings.
                      Section 35. Section 63-38d-504 is enacted to read:
                      63-38d-504. Duties.
                      (1) The committee shall assist the state planning coordinator:
                      (a) in the review of:
                      (i) proposed state actions affecting physical resources;
                      (ii) federal and federally assisted actions for which state review is provided by federal
                  law, regulation, or policy; and
                      (iii) proposed federal regulations and policies pertaining to natural resource issues; and
                      (b) in the development and implementation of a procedure that will expedite the review
                  of proposed energy and industrial facilities that require permits to be issued by more than one
                  state agency.
                      (2) The state planning coordinator shall review and forward the comments and
                  recommendations of the committee to:
                      (a) the governor;
                      (b) the initiating state agency, in the case of a proposed state action; and
                      (c) the Office of Legislative Research and General Counsel.
                      Section 36. Section 63-38d-505 is enacted to read:
                      63-38d-505. Powers of state agencies and local governments not limited.
                      This part does not limit powers conferred upon state departments, agencies, or

- 35 -


                  instrumentalities of the state or political subdivisions by existing law.
                      Section 37. Section 63-40-2 is amended to read:
                       63-40-2. Federal assistance management officer -- Duties.
                      (1) The [state planning coordinator shall be] director of the Governor's Office of
                  Planning and Budget or the director's designee is the Federal Assistance Management Officer.
                  [The]
                      (2) As Federal Assistance Management Officer [has the following duties,
                  responsibilities, and authority:], the director shall perform the duties outlined in Section
                  63-38d-301 .
                      [(1) to establish, in coordination with the Office of Legislative Fiscal Analyst, a central
                  reporting and information service to keep the governor, the agencies of the state and its
                  subdivisions, and the Legislature informed about the available federal assistance programs,
                  pending federal aid legislation, and current federal assistance programs in effect within the state;]
                      [(2) to make studies of the administration and effect of federal assistance programs in the
                  state and advise the governor and the Legislature through the Office of Legislative Fiscal Analyst
                  and the Executive Appropriations Committee of alternative recommended methods and
                  procedures for the administration of these programs;]
                      [(3) to assist in the coordination of federal assistance programs that involve or are
                  administered by more than one state agency;]
                      [(4) to analyze and advise on applications for new federal assistance programs submitted
                  to the governor for approval; and]
                      [(5) to report to the Office of Legislative Fiscal Analyst and the Executive
                  Appropriations Committee regarding the status and condition of federal assistance programs in
                  the state. This report shall be made through the Office of Legislative Fiscal Analyst at least
                  annually, 60 days prior to the annual general session.]
                      Section 38. Section 63-55-263 is amended to read:
                       63-55-263. Repeal dates, Titles 63 and 63A.
                      (1) (a) Title 63, Chapter 25a, Part 1, Commission on Criminal and Juvenile Justice, is

- 36 -


                  repealed July 1, 2012.
                      (b) Title 63, Chapter 25a, Part 3, Sentencing Commission, is repealed January 1, 2012.
                      (2) The Crime Victims' Reparations Board, created in Section 63-25a-404 , is repealed
                  July 1, 2007.
                      (3) The Resource Development Coordinating Committee, created in Section [ 63-28a-2 ]
                  63-38d-501 , is repealed July 1, 2004.
                      (4) Title 63, Chapter 38c, State Appropriations and Tax Limitation Act, is repealed July
                  1, 2005.
                      (5) Title 63, Chapter 75, Families, Agencies, and Communities Together for Children
                  and Youth At Risk Act, is repealed July 1, 2006.
                      (6) Title 63, Chapter 88, Navajo Trust Fund, is repealed July 1, 2005.
                      (7) Sections 63A-4-204 and 63A-4-205 , authorizing the Risk Management Fund to
                  provide coverage to nonstate entities, are repealed July 1, 2006.
                      (8) Title 63A, Chapter 7, Utah Sports Authority Act, is repealed July 1, 2003.
                      (9) Title 63A, Chapter 10, State Olympic Coordination Act, is repealed July 1, 2003.
                      Section 39. Section 63A-5-101 is amended to read:
                       63A-5-101. Creation -- Composition -- Appointment -- Per diem and expenses --
                  Administrative services.
                      (1) (a) There is created a State Building Board composed of eight members, seven of
                  whom shall be appointed by the governor for terms of four years.
                      (b) Notwithstanding the requirements of Subsection (1)(a), the governor shall, at the time
                  of appointment or reappointment, adjust the length of terms to ensure that the terms of board
                  members are staggered so that approximately half of the board is appointed every two years.
                      (2) When a vacancy occurs in the membership for any reason, the replacement shall be
                  appointed for the unexpired term.
                      (3) The [state budget] director of the Governor's Office of Planning and Budget or the
                  director's designee [shall be] is a nonvoting member of the board.
                      (4) Each member shall hold office until a successor is appointed and qualified, but no

- 37 -


                  member shall serve more than two consecutive terms.
                      (5) One member shall be designated by the governor as chair.
                      (6) (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 officer 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 board 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.
                      (7) The members of the board are not required to give bond for the performance of their
                  official duties.
                      (8) The department shall provide administrative and staff services to enable the board to
                  exercise its powers and discharge its duties, and shall provide necessary space and equipment for
                  the board.
                      Section 40. Section 63A-6-105 is amended to read:
                       63A-6-105. Duties of director -- Rate Committee membership and duties.
                      (1) The director of the Division of Information Technology Services shall:
                      (a) manage the delivery of efficient and cost-effective data processing and
                  telecommunication services for all state agencies at the lowest practical cost;
                      (b) provide priority service to public safety agencies; and
                      (c) provide a semiannual report to the chief information officer as provided in Subsection
                  63D-1-301.5 (5).
                      (2) The director may negotiate the purchase, lease, or rental of private or public data
                  processing or telecommunication services or facilities.

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                      (3) Where practical, efficient, and economically beneficial, the director shall use existing
                  private and public data processing or telecommunication resources.
                      (4) The director shall prescribe a schedule of fees to be charged for all services rendered
                  to any state agency by the division that are equitable and sufficient to recover all the costs of
                  operation, including the cost of capital equipment and facilities.
                      (5) (a) The director shall provide the chief information officer and the state information
                  technology review committee a written analysis of each state agency's annual information
                  technology plan.
                      (b) That analysis shall:
                      (i) include an assessment of how the implementation of each plan will affect the costs,
                  operations, and the services of the Division of Information Technology Services and state
                  government; and
                      (ii) where appropriate, make alternative recommendations.
                      (6) (a) Before charging the fees, the director shall obtain approval of the fee schedules
                  from the Rate Committee which shall consist of:
                      (i) the executive director;
                      (ii) the director of the Division of Finance;
                      (iii) the director of the Governor's Office of Planning and Budget;
                      (iv) the chief information officer;
                      (v) a representative of the agencies nominated by the Information Technology Policy and
                  Strategy Committee established in Section 63D-1-302 ; and
                      (vi) a representative of the agencies' administrative services managers nominated by the
                  agencies' administrative services managers coordination group.
                      (b) In appointing the agency representatives listed in Subsection (6)(a)(v) and (vi), the
                  Rate Committee shall appoint:
                      (i) one representative from a large agency and one representative from a small agency;
                  and
                      (ii) the representatives to four-year terms of office, except that initially one of the

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                  appointments shall be for a two-year term in order to stagger the appointments.
                      (c) In the event of a vacancy for any reason, the entity responsible for nominating the
                  person who is vacating the position shall provide new nominations to the Rate Committee to fill
                  the unexpired term.
                      (d) When modifying fees, the director shall attempt to provide sufficient notice to
                  agencies and institutions so that they may reflect those fee changes in their budgets.
                      (7) (a) The director shall create advisory committees composed of representatives of user
                  agencies.
                      (b) Those advisory committees may recommend policies and practices for the efficient
                  and effective operation of the division.
                      Section 41. Section 63A-10-103 is amended to read:
                       63A-10-103. State Olympic Officer -- Creation.
                      (1) There is created the position of State Olympic Officer.
                      (2) Beginning July 1, 1997:
                      (a) The State Olympic Officer shall be appointed by the governor with the consent of the
                  Senate.
                      (b) The officer serves at the pleasure of the governor.
                      (c) The officer shall be experienced in administration, financial, and legal transactions,
                  and coordination of complex organizations.
                      (d) The officer shall receive compensation as provided by Title 67, Chapter 22, State
                  Officer Compensation.
                      (e) The officer may appoint additional staff members with the approval of the governor.
                      (f) The Governor's Office of Planning and Budget shall provide staff support and
                  physical facilities to the coordinator.
                      (g) Except as provided in Subsection (3), beginning July 1, 1997, the salary, benefits, and
                  administrative costs associated with the officer and individuals appointed by the officer under
                  Subsection (2)(e) shall be paid from the Olympics special revenue fund or funds established
                  under Section 59-12-103 .

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                      (3) (a) If there is inadequate monies in the Olympics special revenue fund or funds to pay
                  the salary, benefits, and administrative costs described in Subsection (2)(g), the salary, benefits,
                  and administrative cost may be paid from the General Fund.
                      (b) If monies are paid from the General Fund under Subsection (3)(a), the monies shall
                  be reimbursed to the General Fund from the Olympics special revenue fund or funds at such time
                  the Olympics special revenue fund or funds has adequate monies to reimburse the General Fund.
                      (c) Notwithstanding Subsections (2)(e), (3)(a), and (3)(b), the salary, benefits, or
                  administrative costs associated with the officer may not be paid from the sales and tax revenues
                  generated by municipalities or counties and deposited under Subsection 59-12-103 (4)(a)(ii).
                      Section 42. Section 63B-2-301 is amended to read:
                       63B-2-301. Legislative intent -- Additional projects.
                      It is the intent of the Legislature that:
                      (1) The Department of Employment Security use monies in the special administrative
                  fund to plan, design, and construct a Davis County facility under the supervision of the director
                  of the Division of Facilities Construction and Management unless supervisory authority is
                  delegated by him as authorized by Section 63A-5-206 .
                      (2) The University of Utah may use donated funds to plan, design, and construct the Nora
                  Eccles Harrison addition under the supervision of the director of the Division of Facilities
                  Construction and Management unless supervisory authority is delegated by him as authorized by
                  Section 63A-5-206 .
                      (3) The University of Utah may use hospital funds to plan, design, and construct the
                  West Patient Services Building under the supervision of the director of the Division of Facilities
                  Construction and Management unless supervisory authority is delegated by him as authorized by
                  Section 63A-5-206 .
                      (4) The University of Utah may use federal funds to plan, design, and construct the
                  Computational Science Building under the supervision of the director of the Division of
                  Facilities Construction and Management unless supervisory authority is delegated by him as
                  authorized by Section 63A-5-206 .

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                      (5) The Board of Regents may issue revenue bonds to provide:
                      (a) $6,700,000 to plan, design, and construct single student housing at Utah State
                  University under the supervision of the director of the Division of Facilities Construction and
                  Management unless supervisory authority is delegated by him as authorized by Section
                  63A-5-206 ; and
                      (b) additional monies necessary to:
                      (i) pay costs incident to the issuance and sale of the bonds;
                      (ii) pay interest on the bonds that accrues during construction and acquisition of the
                  project and for up to one year after construction is completed; and
                      (iii) fund any reserve requirements for the bonds.
                      (6) Utah State University may use federal funds to plan, design, and construct the Natural
                  Resources Lab addition under the supervision of the director of the Division of Facilities
                  Construction and Management unless supervisory authority is delegated by him as authorized by
                  Section 63A-5-206 .
                      (7) Utah State University may use funds derived from property sales to plan, design, and
                  construct emergency relocation facilities for the Farmington Botanical Gardens under the
                  supervision of the director of the Division of Facilities Construction and Management unless
                  supervisory authority is delegated by him as authorized by Section 63A-5-206 .
                      (8) Utah State University may use institutional funds to plan, design, and construct an
                  institutional residence for the president under the supervision of the director of the Division of
                  Facilities Construction and Management unless supervisory authority is delegated by him as
                  authorized by Section 63A-5-206 .
                      (9) Weber State University may use discretionary funds to construct a remodel and
                  expansion of the stores building and mail service facilities under the supervision of the director
                  of the Division of Facilities Construction and Management unless supervisory authority is
                  delegated by him as authorized by Section 63A-5-206 .
                      (10) Weber State University may use fees and auxiliary revenue to plan, design, and
                  construct a remodel and expansion of the Shepherd Student Union Building under the

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                  supervision of the director of the Division of Facilities Construction and Management unless
                  supervisory authority is delegated by him as authorized by Section 63A-5-206 .
                      (11) Southern Utah University may use donated funds to plan, design, and construct an
                  alumni house under the supervision of the director of the Division of Facilities Construction and
                  Management unless supervisory authority is delegated by him as authorized by Section
                  63A-5-206 .
                      (12) The College of Eastern Utah may use auxiliary revenues and other fees to:
                      (a) make lease or other payments;
                      (b) redeem revenue bonds or repay loans issued on behalf of the college; and
                      (c) plan, design, and construct a 200 person residence hall under the supervision of the
                  director of the Division of Facilities Construction and Management unless supervisory authority
                  is delegated by him as authorized by Section 63A-5-206 .
                      (13) The Sevier Valley Applied Technology Center may use private and Community
                  Impact Board funds, if approved, to plan, design, and construct a performing arts/multi-use
                  facility under the supervision of the director of the Division of Facilities Construction and
                  Management unless supervisory authority is delegated by him as authorized by Section
                  63A-5-206 .
                      (14) Ogden City and Weber County may have offices and related space for their
                  attorneys included in the Ogden Courts building if the city and county are able to provide upfront
                  funding to cover all costs associated with the design and construction of that space. In addition,
                  the city and county shall cover their proportionate share of all operations and maintenance costs
                  of their facility, including future major repairs to the building.
                      (15) If the Legislature authorizes the Division of Facilities Construction and
                  Management to enter into a lease purchase agreement for the Department of Human Services
                  facility at 1385 South State Street in Salt Lake City or for the State Board of Education facility
                  and adjacent space in Salt Lake City, or for both of those facilities, the State Building Ownership
                  Authority, at the reasonable rates and amounts it may determine, and with technical assistance
                  from the state treasurer, the director of the Division of Finance, and the director of the Governor's

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                  Office of Planning and Budget, may seek out the most cost effective lease purchase plans
                  available to the state and may, pursuant to Title 63, Chapter 9a, State Building Ownership Act,
                  certificate out interests in, or obligations of the authority pertaining to:
                      (a) the lease purchase obligation; or
                      (b) lease rental payments under the lease purchase obligation.
                      (16) Salt Lake Community College may use donated funds to plan, design, and construct
                  an amphitheater under the supervision of the director of the Division of Facilities Construction
                  and Management unless supervisory authority is delegated by him as authorized by Section
                  63A-5-206 .
                      (17) For the Tax Commission building, that:
                      (a) All costs associated with the construction and furnishing of the Tax Commission
                  building that are incurred before the issuance of the 1993 general obligation bonds be reimbursed
                  by bond proceeds.
                      (b) The maximum amount of cost that may be reimbursed from the 1993 general
                  obligation bond proceeds for the Tax Commission building and furnishings may not exceed
                  $14,230,000.
                      (c) This intent statement for Subsection (17) constitutes a declaration of official intent
                  under Section 1.103-18 of the U.S. Treasury Regulations.
                      Section 43. Section 63B-3-301 is amended to read:
                       63B-3-301. Legislative intent -- Additional projects.
                      (1) It is the intent of the Legislature that, for any lease purchase agreement that the
                  Legislature may authorize the Division of Facilities Construction and Management to enter into
                  during its 1994 Annual General Session, the State Building Ownership Authority, at the
                  reasonable rates and amounts it may determine, and with technical assistance from the state
                  treasurer, the director of the Division of Finance, and the director of the Governor's Office of
                  Planning and Budget, may seek out the most cost effective and prudent lease purchase plans
                  available to the state and may, pursuant to Title 63, Chapter 9a, State Building Ownership Act,
                  certificate out interests in, or obligations of the authority pertaining to:

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                      (a) the lease purchase obligation; or
                      (b) lease rental payments under the lease purchase obligation.
                      (2) It is the intent of the Legislature that the Department of Transportation dispose of
                  surplus real properties and use the proceeds from those properties to acquire or construct through
                  the Division of Facilities Construction and Management a new District Two Complex.
                      (3) It is the intent of the Legislature that the State Building Board allocate funds from the
                  Capital Improvement appropriation and donations to cover costs associated with the upgrade of
                  the Governor's Residence that go beyond the restoration costs which can be covered by insurance
                  proceeds.
                      (4) (a) It is the intent of the Legislature to authorize the State Building Ownership
                  Authority under authority of Title 63, Chapter 9a, State Building Ownership Act, to issue or
                  execute obligations or enter into or arrange for a lease purchase agreement in which participation
                  interests may be created, to provide up to $10,600,000 for the construction of a Natural
                  Resources Building in Salt Lake City, together with additional amounts necessary to:
                      (i) pay costs of issuance;
                      (ii) pay capitalized interest; and
                      (iii) fund any debt service reserve requirements.
                      (b) It is the intent of the Legislature that the authority seek out the most cost effective and
                  prudent lease purchase plan available with technical assistance from the state treasurer, the
                  director of the Division of Finance, and the director of the Governor's Office of Planning and
                  Budget.
                      (c) It is the intent of the Legislature that the operating budget for the Department of
                  Natural Resources not be increased to fund these lease payments.
                      (5) (a) It is the intent of the Legislature to authorize the State Building Ownership
                  Authority under authority of Title 63, Chapter 9a, State Building Ownership Act, to issue or
                  execute obligations or enter into or arrange for a lease purchase agreement in which participation
                  interests may be created, to provide up to $8,300,000 for the acquisition of the office buildings
                  currently occupied by the Department of Environmental Quality and approximately 19 acres of

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                  additional vacant land at the Airport East Business Park in Salt Lake City, together with
                  additional amounts necessary to:
                      (i) pay costs of issuance;
                      (ii) pay capitalized interest; and
                      (iii) fund any debt service reserve requirements.
                      (b) It is the intent of the Legislature that the authority seek out the most cost effective and
                  prudent lease purchase plan available with technical assistance from the state treasurer, the
                  director of the Division of Finance, and the director of the Governor's Office of Planning and
                  Budget.
                      (6) (a) It is the intent of the Legislature to authorize the State Building Ownership
                  Authority under authority of Title 63, Chapter 9a, State Building Ownership Act, to issue or
                  execute obligations or enter into or arrange for a lease purchase agreement in which participation
                  interests may be created, to provide up to $9,000,000 for the acquisition or construction of up to
                  two field offices for the Department of Human Services in the southwestern portion of Salt Lake
                  County, together with additional amounts necessary to:
                      (i) pay costs of issuance;
                      (ii) pay capitalized interest; and
                      (iii) fund any debt service reserve requirements.
                      (b) It is the intent of the Legislature that the authority seek out the most cost effective and
                  prudent lease purchase plan available with technical assistance from the state treasurer, the
                  director of the Division of Finance, and the director of the Governor's Office of Planning and
                  Budget.
                      (7) (a) It is the intent of the Legislature to authorize the State Building Ownership
                  Authority under authority of Title 63, Chapter 9a, State Building Ownership Act, to issue or
                  execute obligations or enter into or arrange for lease purchase agreements in which participation
                  interests may be created, to provide up to $5,000,000 for the acquisition or construction of up to
                  13 stores for the Department of Alcoholic Beverage Control, together with additional amounts
                  necessary to:

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                      (i) pay costs of issuance;
                      (ii) pay capitalized interest; and
                      (iii) fund any debt service reserve requirements.
                      (b) It is the intent of the Legislature that the authority seek out the most cost effective and
                  prudent lease purchase plan available with technical assistance from the state treasurer, the
                  director of the Division of Finance, and the director of the Governor's Office of Planning and
                  Budget.
                      (c) It is the intent of the Legislature that the operating budget for the Department of
                  Alcoholic Beverage Control not be increased to fund these lease payments.
                      (8) (a) It is the intent of the Legislature to authorize the State Building Ownership
                  Authority under authority of Title 63, Chapter 9a, State Building Ownership Act, to issue or
                  execute obligations or enter into or arrange for a lease purchase agreement in which participation
                  interests may be created, to provide up to $6,800,000 for the construction of a Prerelease and
                  Parole Center for the Department of Corrections, containing a minimum of 300 beds, together
                  with additional amounts necessary to:
                      (i) pay costs of issuance;
                      (ii) pay capitalized interest; and
                      (iii) fund any debt service reserve requirements.
                      (b) It is the intent of the Legislature that the authority seek out the most cost effective and
                  prudent lease purchase plan available with technical assistance from the state treasurer, the
                  director of the Division of Finance, and the director of the Governor's Office of Planning and
                  Budget.
                      (9) If S.B. 275, 1994 General Session, which authorizes funding for a Courts Complex
                  in Salt Lake City, becomes law, it is the intent of the Legislature that:
                      (a) the Legislative Management Committee, the Interim Appropriation Subcommittees
                  for General Government and Capital Facilities and Executive Offices, Courts, and Corrections,
                  the Office of the Legislative Fiscal Analyst, the Governor's Office of Planning and Budget, and
                  the State Building Board participate in a review of the proposed facility design for the Courts

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                  Complex no later than December 1994; and
                      (b) although this review will not affect the funding authorization issued by the 1994
                  Legislature, it is expected that Division of Facilities Construction and Management will give
                  proper attention to concerns raised in these reviews and make appropriate design changes
                  pursuant to the review.
                      (10) It is the intent of the Legislature that:
                      (a) the Division of Facilities Construction and Management, in cooperation with the
                  Division of Youth Corrections, develop a flexible use prototype facility for the Division of Youth
                  Corrections;
                      (b) the development process use existing prototype proposals unless it can be
                  quantifiably demonstrated that the proposals cannot be used;
                      (c) the facility is designed so that with minor modifications, it can accommodate
                  detention, observation and assessment, transition, and secure programs as needed at specific
                  geographical locations;
                      (d) (i) funding as provided in the fiscal year 1995 bond authorization for the Division of
                  Youth Corrections is used to design and construct one facility and design the other;
                      (ii) the Division of Youth Corrections shall:
                      (A) determine the location for the facility for which design and construction are fully
                  funded; and
                      (B) in conjunction with the Division of Facilities Construction and Management,
                  determine the best methodology for design and construction of the fully funded facility;
                      (e) the Division of Facilities Construction and Management submit the prototype as soon
                  as possible to the Capital Facilities and Administrative Services Appropriation Subcommittee
                  and Executive Offices, Criminal Justice, and Legislature Appropriation Subcommittee for
                  review;
                      (f) the Division of Facilities Construction and Management issue a Request for Proposal
                  for one of the facilities, with that facility designed and constructed entirely by the winning firm;
                      (g) the other facility be designed and constructed under the existing Division of Facilities

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                  Construction and Management process;
                      (h) that both facilities follow the program needs and specifications as identified by
                  Division of Facilities Construction and Management and the Division of Youth Corrections in
                  the prototype; and
                      (i) the fully funded facility should be ready for occupancy by September 1, 1995.
                      (11) It is the intent of the Legislature that the fiscal year 1995 funding for the State Fair
                  Park Master Study be used by the Division of Facilities Construction and Management to
                  develop a master plan for the State Fair Park that:
                      (a) identifies capital facilities needs, capital improvement needs, building configuration,
                  and other long term needs and uses of the State Fair Park and its buildings; and
                      (b) establishes priorities for development, estimated costs, and projected timetables.
                      (12) It is the intent of the Legislature that:
                      (a) the Division of Facilities Construction and Management, in cooperation with the
                  Division of Parks and Recreation and surrounding counties, develop a master plan and general
                  program for the phased development of Antelope Island;
                      (b) the master plan:
                      (i) establish priorities for development;
                      (ii) include estimated costs and projected time tables; and
                      (iii) include recommendations for funding methods and the allocation of responsibilities
                  between the parties; and
                      (c) the results of the effort be reported to the Natural Resources Appropriations
                  Subcommittee and Capital Facilities and Administrative Services Appropriation Subcommittee.
                      (13) It is the intent of the Legislature to authorize the University of Utah to use:
                      (a) bond reserves to plan, design, and construct the Kingsbury Hall renovation under the
                  supervision of the director of the Division of Facilities Construction and Management unless
                  supervisory authority is delegated by the director; and
                      (b) donated and other nonappropriated funds to plan, design, and construct the Biology
                  Research Building under the supervision of the director of the Division of Facilities Construction

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                  and Management unless supervisory authority is delegated by the director.
                      (14) It is the intent of the Legislature to authorize Utah State University to use:
                      (a) federal and other funds to plan, design, and construct the Bee Lab under the
                  supervision of the director of the Division of Facilities Construction and Management unless
                  supervisory authority is delegated by the director;
                      (b) donated and other nonappropriated funds to plan, design, and construct an Athletic
                  Facility addition and renovation under the supervision of the director of the Division of Facilities
                  Construction and Management unless supervisory authority is delegated by the director;
                      (c) donated and other nonappropriated funds to plan, design, and construct a renovation
                  to the Nutrition and Food Science Building under the supervision of the director of the Division
                  of Facilities Construction and Management unless supervisory authority is delegated by the
                  director; and
                      (d) federal and private funds to plan, design, and construct the Millville Research Facility
                  under the supervision of the director of the Division of Facilities Construction and Management
                  unless supervisory authority is delegated by the director.
                      (15) It is the intent of the Legislature to authorize Salt Lake Community College to use:
                      (a) institutional funds to plan, design, and construct a remodel to the Auto Trades Office
                  and Learning Center under the supervision of the director of the Division of Facilities
                  Construction and Management unless supervisory authority is delegated by the director;
                      (b) institutional funds to plan, design, and construct the relocation and expansion of a
                  temporary maintenance compound under the supervision of the director of the Division of
                  Facilities Construction and Management unless supervisory authority is delegated by the director;
                  and
                      (c) institutional funds to plan, design, and construct the Alder Amphitheater under the
                  supervision of the director of the Division of Facilities Construction and Management unless
                  supervisory authority is delegated by the director.
                      (16) It is the intent of the Legislature to authorize Southern Utah University to use:
                      (a) federal funds to plan, design, and construct a Community Services Building under the

- 50 -


                  supervision of the director of the Division of Facilities Construction and Management unless
                  supervisory authority is delegated by the director; and
                      (b) donated and other nonappropriated funds to plan, design, and construct a stadium
                  expansion under the supervision of the director of the Division of Facilities Construction and
                  Management unless supervisory authority is delegated by the director.
                      (17) It is the intent of the Legislature to authorize the Department of Corrections to use
                  donated funds to plan, design, and construct a Prison Chapel at the Central Utah Correctional
                  Facility in Gunnison under the supervision of the director of the Division of Facilities
                  Construction and Management unless supervisory authority is delegated by the director.
                      (18) If the Utah National Guard does not relocate in the Signetics Building, it is the
                  intent of the Legislature to authorize the Guard to use federal funds and funds from Provo City to
                  plan and design an Armory in Provo, Utah, under the supervision of the director of the Division
                  of Facilities Construction and Management unless supervisory authority is delegated by the
                  director.
                      (19) It is the intent of the Legislature that the Utah Department of Transportation use
                  $250,000 of the fiscal year 1995 highway appropriation to fund an environmental study in
                  Ogden, Utah of the 2600 North Corridor between Washington Boulevard and I-15.
                      (20) It is the intent of the Legislature that the Ogden-Weber Applied Technology Center
                  use the monies appropriated for fiscal year 1995 to design the Metal Trades Building and
                  purchase equipment for use in that building that could be used in metal trades or other programs
                  in other Applied Technology Centers.
                      (21) It is the intent of the Legislature that the Bridgerland Applied Technology Center
                  and the Ogden-Weber Applied Technology Center projects as designed in fiscal year 1995 be
                  considered as the highest priority projects for construction funding in fiscal year 1996.
                      (22) It is the intent of the Legislature that:
                      (a) the Division of Facilities Construction and Management complete physical space
                  utilization standards by June 30, 1995, for the use of technology education activities;
                      (b) these standards are to be developed with and approved by the State Office of

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                  Education, the Board of Regents, and the Utah State Building Board;
                      (c) these physical standards be used as the basis for:
                      (i) determining utilization of any technology space based on number of stations capable
                  and occupied for any given hour of operation; and
                      (ii) requests for any new space or remodeling;
                      (d) the fiscal year 1995 projects at the Bridgerland Applied Technology Center and the
                  Ogden-Weber Applied Technology Center are exempt from this process; and
                      (e) the design of the Davis Applied Technology Center take into account the utilization
                  formulas established by the Division of Facilities Construction and Management.
                      (23) It is the intent of the Legislature that Utah Valley State College may use the monies
                  from the bond allocated to the remodel of the Signetics building to relocate its technical
                  education programs at other designated sites or facilities under the supervision of the director of
                  the Division of Facilities Construction and Management unless supervisory authority is delegated
                  by the director.
                      (24) It is the intent of the Legislature that the monies provided for the fiscal year 1995
                  project for the Bridgerland Applied Technology Center be used to design and construct the space
                  associated with Utah State University and design the technology center portion of the project.
                      (25) It is the intent of the Legislature that the governor provide periodic reports on the
                  expenditure of the funds provided for electronic technology, equipment, and hardware to the
                  Information Technology Commission, the Capital Facilities and Administrative Services
                  Appropriation Subcommittee, and the Legislative Management Committee.
                      Section 44. Section 63B-4-201 is amended to read:
                       63B-4-201. Legislative intent statements -- Capital facilities.
                      (1) (a) It is the intent of the Legislature that the University of Utah use institutional and
                  other funds to plan, design, and construct two campus child care centers under the supervision of
                  the director of the Division of Facilities Construction and Management unless supervisory
                  authority is delegated by the director.
                      (b) The university shall work with Salt Lake City and the surrounding neighborhood to

- 52 -


                  ensure site compatibility for future recreational development by the city.
                      (2) It is the intent of the Legislature that the University of Utah use institutional funds to
                  plan, design, and construct:
                      (a) the Union Parking structure under the supervision of the director of the Division of
                  Facilities Construction and Management unless supervisory authority is delegated by the director;
                      (b) the stadium renovation under the supervision of the director of the Division of
                  Facilities Construction and Management unless supervisory authority is delegated by the director;
                      (c) the Huntsman Cancer Institute under the supervision of the director of the Division of
                  Facilities Construction and Management unless supervisory authority is delegated by the director;
                      (d) the Business Case Method Building under the supervision of the director of the
                  Division of Facilities Construction and Management unless supervisory authority is delegated by
                  the director; and
                      (e) the Fine Arts Museum expansion under the supervision of the director of the Division
                  of Facilities Construction and Management unless supervisory authority is delegated by the
                  director.
                      (3) It is the intent of the Legislature that Utah State University use institutional funds to
                  plan, design, and construct:
                      (a) a student health services facility under the supervision of the director of the Division
                  of Facilities Construction and Management unless supervisory authority is delegated by the
                  director;
                      (b) a women's softball field under the supervision of the director of the Division of
                  Facilities Construction and Management unless supervisory authority is delegated by the director;
                      (c) an addition to the Nutrition and Food Services Building under the supervision of the
                  director of the Division of Facilities Construction and Management unless supervisory authority
                  is delegated by the director; and
                      (d) a Human Resource Research Center under the supervision of the director of the
                  Division of Facilities Construction and Management unless supervisory authority is delegated by
                  the director.

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                      (4) It is the intent of the Legislature that Weber State University use institutional funds to
                  plan, design, and construct:
                      (a) a track renovation under the supervision of the director of the Division of Facilities
                  Construction and Management unless supervisory authority is delegated by the director; and
                      (b) the Dee Events Center offices under the supervision of the director of the Division of
                  Facilities Construction and Management unless supervisory authority is delegated by the director.
                      (5) It is the intent of the Legislature that Southern Utah University use:
                      (a) institutional funds to plan, design, and construct an institutional residence under the
                  supervision of the director of the Division of Facilities Construction and Management unless
                  supervisory authority is delegated by the director; and
                      (b) project revenues and other funds to plan, design, and construct the Shakespearean
                  Festival support facilities under the supervision of the director of the Division of Facilities
                  Construction and Management unless supervisory authority is delegated by the director.
                      (6) It is the intent of the Legislature that Dixie College use institutional funds to plan,
                  design, and construct an institutional residence under the supervision of the director of the
                  Division of Facilities Construction and Management unless supervisory authority is delegated by
                  the director.
                      (7) It is the intent of the Legislature that the Division of Forestry, Fire and State Lands
                  use federal and other funds to plan, design, and construct a wetlands enhancement facility under
                  the supervision of the director of the Division of Facilities Construction and Management unless
                  supervisory authority is delegated by the director.
                      (8) (a) As provided in Subsection 63A-5-209 (2), the funds appropriated to the Project
                  Reserve Fund may only be used for the award of contracts in excess of the construction budget if
                  these funds are required to meet the intent of the project.
                      (b) It is the intent of the Legislature that:
                      (i) up to $2,000,000 of the amount may be used to award the construction contract for the
                  Ogden Court Building; and
                      (ii) the need for any funds remaining as of December 31, 1995 be reviewed by the 1996

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                  Legislature.
                      (9) (a) It is the intent of the Legislature that the State Building Ownership Authority,
                  under authority of Title 63, Chapter 9a, State Building Ownership Act, issue or execute
                  obligations or enter into or arrange for a lease purchase agreement in which participation interests
                  may be created to provide up to $539,700 for the purchase and demolition of the Keyston
                  property and construction of parking facilities adjacent to the State Office of Education Building
                  in Salt Lake City, with additional amounts necessary to:
                      (i) pay costs of issuance;
                      (ii) pay capitalized interest; and
                      (iii) fund any debt service reserve requirements.
                      (b) It is the intent of the Legislature that the authority seek out the most cost effective and
                  prudent lease purchase plan available with technical assistance from the state treasurer, the
                  director of the Division of Finance, and the director of the Governor's Office of Planning and
                  Budget.
                      (10) (a) It is the intent of the Legislature that the monies appropriated for Phase One of
                  the Remodeling/Life Safety Upgrades of the Browning Fine Arts Center at Weber State
                  University is to include design of full code compliance, life safety, space necessary to maintain
                  required programs, and seismic upgrades.
                      (b) The design shall identify the full scope and cost of Phase Two of the remodeling for
                  funding consideration in the fiscal year 1997 budget cycle.
                      (11) It is the intent of the Legislature that:
                      (a) the fiscal year 1996 appropriation for the Davis County Higher Education land
                  purchase includes up to $250,000 for planning purposes;
                      (b) the Division of Facilities Construction and Management, the Board of Regents, and
                  the assigned institution of higher education work jointly to ensure the following elements are part
                  of the planning process:
                      (i) projections of student enrollment and programmatic needs for the next ten years;
                      (ii) review and make recommendations for better use of existing space, current

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                  technologies, public/private partnerships, and other alternatives as a means to reduce the need for
                  new facilities and still accommodate the projected student needs; and
                      (iii) use of a master plan that includes issues of utilities, access, traffic circulation,
                  drainage, rights of way, future developments, and other infrastructure items considered
                  appropriate; and
                      (c) every effort is used to minimize expenditures for this part until a definitive decision
                  has been made by BRACC relative to Hill Air Force Base.
                      (12) (a) It is the intent of the Legislature that the State Building Ownership Authority,
                  under authority of Title 63, Chapter 9a, State Building Ownership Act, issue or execute
                  obligations or enter into or arrange for a lease purchase agreement in which participation interests
                  may be created, to provide up to $7,400,000 for the acquisition and improvement of the Human
                  Services Building located at 120 North 200 West, Salt Lake City, Utah, with associated parking
                  for the Department of Human Services together with additional amounts necessary to:
                      (i) pay costs of issuance;
                      (ii) pay capitalized interest; and
                      (iii) fund any debt service reserve requirements.
                      (b) It is the intent of the Legislature that the authority seek out the most cost effective and
                  prudent lease purchase plan available with technical assistance from the state treasurer, the
                  director of the Division of Finance, and the director of the Governor's Office of Planning and
                  Budget.
                      (13) (a) It is the intent of the Legislature that the State Building Ownership Authority,
                  under authority of Title 63, Chapter 9a, State Building Ownership Act, issue or execute
                  obligations or enter into or arrange for a lease purchase agreement in which participation interests
                  may be created to provide up to $63,218,600 for the construction of a Salt Lake Courts Complex
                  together with additional amounts necessary to:
                      (i) pay costs of issuance;
                      (ii) pay capitalized interest; and
                      (iii) fund any debt service reserve requirements.

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                      (b) It is the intent of the Legislature that the authority seek out the most cost effective and
                  prudent lease purchase plan available with technical assistance from the state treasurer, the
                  director of the Division of Finance, and the director of the Governor's Office of Planning and
                  Budget.
                      (c) It is the intent of the Legislature that the Division of Facilities Construction and
                  Management lease land to the State Building Ownership Authority for the construction of a Salt
                  Lake Courts Complex.
                      (14) It is the intent of the Legislature that:
                      (a) the Board of Regents use the higher education design project monies to design no
                  more than two higher education projects from among the following projects:
                      (i) College of Eastern Utah - Student Center;
                      (ii) Snow College - Noyes Building;
                      (iii) University of Utah - Gardner Hall;
                      (iv) Utah State University - Widtsoe Hall; or
                      (v) Southern Utah University - Physical Education Building; and
                      (b) the higher education institutions that receive approval from the Board of Regents to
                  design projects under this chapter design those projects under the supervision of the director of
                  the Division of Facilities Construction and Management unless supervisory authority is delegated
                  by the director.
                      (15) It is the intent of the Legislature that:
                      (a) the Board of Regents may authorize the University of Utah to use institutional funds
                  and donated funds to design Gardner Hall; and
                      (b) if authorized by the Board of Regents, the University of Utah may use institutional
                  funds and donated funds to design Gardner Hall under the supervision of the director of the
                  Division of Facilities Construction and Management unless supervisory authority is delegated by
                  the director.
                      (16) It is the intent of the Legislature that the Division of Facilities Construction and
                  Management use up to $250,000 of the capital improvement monies to fund the site

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                  improvements required at the San Juan campus of the College of Eastern Utah.
                      Section 45. Section 63B-4-301 is amended to read:
                       63B-4-301. Bonds for golf course at Wasatch Mountain State Park.
                      (1) The State Building Ownership Authority under authority of Title 63, Chapter 9a,
                  State Building Ownership Authority Act, may issue or execute obligations, or enter into or
                  arrange for a lease purchase agreement in which participation interests may be created, to provide
                  up to $2,500,000 for a new nine-hole golf course at Wasatch Mountain State Park for the
                  Division of Parks and Recreation, together with additional amounts necessary to:
                      (a) pay costs of issuance;
                      (b) pay capitalized interest; and
                      (c) fund any debt service reserve requirements.
                      (2) (a) The State Building Ownership Authority shall work cooperatively with the
                  Division of Parks and Recreation to seek out the most cost effective and prudent lease purchase
                  plan available.
                      (b) The state treasurer, the director of the Division of Finance, and the director of the
                  Governor's Office of Planning and Budget shall provide technical assistance to accomplish the
                  purpose specified in Subsection (2)(a).
                      Section 46. 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

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                  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 Governor's 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 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;
                      (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;
                      (h) define and identify all significant aspects of capitol hill facilities and capitol hill
                  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;
                      (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;
                      (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;
                      (k) comply with federal and state laws related to program and facility accessibility; and

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                      (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 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;
                      (ii) establish fees for the use of capitol hill facilities and grounds;
                      (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;
                      (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

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                      (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 Governor's 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, 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

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                  having an office in a building on capitol hill.
                      Section 47. Section 63D-1-301 is amended to read:
                       63D-1-301. Chief information officer -- Appointment -- Salary.
                      (1) The governor shall:
                      (a) appoint a chief information officer with the consent of the Senate; and
                      (b) establish the chief information officer's salary within the salary range fixed by the
                  Legislature in Title 67, Chapter 22, State Officer Compensation.
                      (2) The chief information officer shall serve at the pleasure of the governor and be
                  housed in the Governor's Office of Planning and Budget.
                      (3) The chief information officer's authority as defined in Section 63D-1-301.5 applies to
                  all state agencies.
                      Section 48. Section 67-19-12 is amended to read:
                       67-19-12. State pay plans -- Applicability of section -- Exemptions -- Duties of
                  director.
                      (1) (a) This section, and the rules adopted by the department to implement this section,
                  apply to each career and noncareer state employee not specifically exempted under Subsection
                  (2).
                      (b) If not exempted under Subsection (2), a state employee is considered to be in
                  classified service.
                      (2) The following state employees are exempt from this section:
                      (a) members of the Legislature and legislative employees;
                      (b) members of the judiciary and judicial employees;
                      (c) elected members of the executive branch and their direct staff who meet career
                  service exempt criteria as defined in Subsection 67-19-15 (1)(k);
                      (d) certificated employees of the State Board of Education;
                      (e) officers, faculty, and other employees of state institutions of higher education;
                      (f) employees in any position that is determined by statute to be exempt from this
                  Subsection (2);

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                      (g) attorneys in the Office of the Attorney General;
                      (h) department heads and other persons appointed by the governor pursuant to statute;
                      (i) employees of the Department of Community and Economic Development whose
                  positions are designated as executive/professional positions by the executive director of the
                  Department of Community and Economic Development with the concurrence of the director; and
                      (j) employees of the Medical Education Council.
                      (3) (a) The director shall prepare, maintain, and revise a position classification plan for
                  each employee position not exempted under Subsection (2) to provide equal pay for equal work.
                      (b) Classification of positions shall be based upon similarity of duties performed and
                  responsibilities assumed, so that the same job requirements and the same salary range may be
                  applied equitably to each position in the same class.
                      (c) The director shall allocate or reallocate the position of each employee in classified
                  service to one of the classes in the classification plan.
                      (d) (i) The department shall conduct periodic studies and desk audits to provide that the
                  classification plan remains reasonably current and reflects the duties and responsibilities assigned
                  to and performed by employees.
                      (ii) The director shall determine the schedule for studies and desk audits after
                  considering factors such as changes in duties and responsibilities of positions or agency
                  reorganizations.
                      (4) (a) With the approval of the governor, the director shall develop and adopt pay plans
                  for each position in classified service.
                      (b) The director shall design each pay plan to achieve, to the degree that funds permit,
                  comparability of state salary ranges to salary ranges used by private enterprise and other public
                  employment for similar work.
                      (c) The director shall adhere to the following in developing each pay plan:
                      (i) Each pay plan shall consist of sufficient salary ranges to permit adequate salary
                  differential among the various classes of positions in the classification plan.
                      (ii) The director shall assign each class of positions in the classification plan to a salary

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                  range and shall set the width of the salary range to reflect the normal growth and productivity
                  potential of employees in that class. The width of the ranges need not be uniform for all classes
                  of positions in the plan, but each range shall contain merit steps in increments of 2.75% salary
                  increases.
                      (iii) The director shall issue rules for the administration of pay plans. The rules may
                  provide for exceptional performance increases and for a program of incentive awards for
                  cost-saving suggestions and other commendable acts of employees. The director shall issue rules
                  providing for salary adjustments.
                      (iv) Merit step increases shall be granted, if funds are available, to employees who
                  receive a rating of "successful" or higher in an annual evaluation of their productivity and
                  performance.
                      (v) By October 15 of each year, the director shall submit market comparability
                  adjustments to the [state budget officer] director of the Governor's Office of Planning and Budget
                  for consideration to be included as part of the affected agency's base budgets.
                      (vi) By October 31 of each year, the director shall recommend a compensation package
                  to the governor.
                      (vii) Adjustments shall incorporate the results of a total compensation market survey of
                  salary ranges and benefits of a reasonable cross section of comparable benchmark positions in
                  private and public employment in the state. The survey may also study comparable unusual
                  positions requiring recruitment outside Utah in the surrounding western states. The director may
                  cooperate with other public and private employers in conducting the survey.
                      (viii) The director shall establish criteria to assure the adequacy and accuracy of the
                  survey and shall use methods and techniques similar to and consistent with those used in private
                  sector surveys. Except as provided under Section 67-19-12.3 , the survey shall include a
                  reasonable cross section of employers. The director may cooperate with or participate in any
                  survey conducted by other public and private employers.
                      (ix) The establishing of a salary range is a nondelegable activity subject to Subsection
                  67-19-8 (1) and is not appealable under the grievance procedures of Sections 67-19-30 through

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                  67-19-32 , Title 67, Chapter 19a, Grievance and Appeal Procedures, or otherwise.
                      (x) The governor shall:
                      (A) consider salary adjustments recommended under Subsection (4)(c)(vi) in preparing
                  the executive budget and shall recommend the method of distributing the adjustments;
                      (B) submit compensation recommendations to the Legislature; and
                      (C) support the recommendation with schedules indicating the cost to individual
                  departments and the source of funds.
                      (xi) If funding is approved by the Legislature in a general appropriations act, the
                  adjustments take effect on the July 1 following the enactment.
                      (5) (a) The director shall regularly evaluate the total compensation program of state
                  employees in the classified service.
                      (b) The department shall determine if employee benefits are comparable to those offered
                  by other private and public employers using information from:
                      (i) the most recent edition of the Employee Benefits Survey Data conducted by the U.S.
                  Chamber of Commerce Research Center; or
                      (ii) the most recent edition of a nationally recognized benefits survey.
                      (6) (a) The director shall submit proposals for a state employee compensation plan to the
                  governor by October 31 of each year, setting forth findings and recommendations affecting state
                  employee compensation.
                      (b) The governor shall consider the director's proposals in preparing budget
                  recommendations for the Legislature.
                      (c) The governor's budget proposals to the Legislature shall include a specific
                  recommendation on state employee compensation.
                      Section 49. Section 67-22-2 is amended to read:
                       67-22-2. Compensation -- Other state officers.
                      (1) The governor shall establish salaries for the following state officers within the
                  following salary ranges fixed by the Legislature:
                          State Officer                     Salary Range

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                      Commissioner of Agriculture and Food         $64,600 - $87,500
                      Commissioner of Insurance                 $64,600 - $87,500
                      Commissioner of the Labor Commission         $64,600 - $87,500
                      Director, Alcoholic Beverage Control
                          Commission                     $64,600 - $87,500
                      Commissioner, Department of
                          Financial Institutions                 $64,600 - $87,500
                      Members, Board of Pardons and Parole         $64,600 - $87,500
                      Executive Director, Department
                          of Commerce                     $64,600 - $87,500
                      Executive Director, Commission on
                          Criminal and Juvenile Justice         $64,600 - $87,500
                      Adjutant General                     $64,600 - $87,500
                      Chair, Tax Commission                 $69,900 - $94,300
                      Commissioners, Tax Commission             $69,900 - $94,300
                      Executive Director, Department of
                          Community and Economic
                          Development                     $69,900 - $94,300
                      Executive Director, Tax Commission         $69,900 - $94,300
                      Chair, Public Service Commission             $69,900 - $94,300
                      Commissioner, Public Service Commission          $69,900 - $94,300
                      Executive Director, Department
                          of Corrections                     $76,000 - $102,600
                      Commissioner, Department of Public Safety         $76,000 - $102,600
                      Executive Director, Department of
                          Natural Resources                 $76,000 - $102,600
                      Director, Governor's Office of Planning
                          and Budget                     $76,000 - $102,600

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                      Executive Director, Department of
                          Administrative Services              $76,000 - $102,600
                      Executive Director, Department of
                          Human Resource Management          $76,000 - $102,600
                      Executive Director, Department of
                          Environmental Quality             $76,000 - $102,600
                      State Olympic Officer                  $82,800 - $111,800
                      Executive Director, Department of
                          Workforce Services                 $82,800 - $111,800
                      Executive Director, Department of
                          Health                          $82,800 - $111,800
                      Executive Director, Department
                          of Human Services                 $82,800 - $111,800
                      Executive Director, Department
                          of Transportation                 $82,800 - $111,800
                      Chief Information Officer                 $82,800 - $111,800
                      (2) (a) The Legislature fixes benefits for the state offices outlined in Subsection (1) as
                  follows:
                      (i) the option of participating in a state retirement system established by Title 49, Utah
                  State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered by
                  the State Retirement Office in accordance with the Internal Revenue Code and its accompanying
                  rules and regulations;
                      (ii) health insurance;
                      (iii) dental insurance;
                      (iv) basic life insurance;
                      (v) unemployment compensation;
                      (vi) workers' compensation;
                      (vii) required employer contribution to Social Security;

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                      (viii) long-term disability income insurance;
                      (ix) the same additional state-paid life insurance available to other noncareer service
                  employees;
                      (x) the same severance pay available to other noncareer service employees;
                      (xi) the same sick leave, converted sick leave, educational allowances, and holidays
                  granted to Schedule B state employees, and the same annual leave granted to Schedule B state
                  employees with more than ten years of state service;
                      (xii) the option to convert accumulated sick leave to cash or insurance benefits as
                  provided by law or rule upon resignation or retirement according to the same criteria and
                  procedures applied to Schedule B state employees;
                      (xiii) the option to purchase additional life insurance at group insurance rates according
                  to the same criteria and procedures applied to Schedule B state employees; and
                      (xiv) professional memberships if being a member of the professional organization is a
                  requirement of the position.
                      (b) Each department shall pay the cost of additional state-paid life insurance for its
                  executive director from its existing budget.
                      (3) The Legislature fixes the following additional benefits:
                      (a) for the executive director of the State Tax Commission a vehicle for official and
                  personal use;
                      (b) for the executive director of the Department of Transportation a vehicle for official
                  and personal use;
                      (c) for the executive director of the Department of Natural Resources a vehicle for
                  commute and official use;
                      (d) for the Commissioner of Public Safety:
                      (i) an accidental death insurance policy if POST certified; and
                      (ii) a public safety vehicle for official and personal use;
                      (e) for the executive director of the Department of Corrections:
                      (i) an accidental death insurance policy if POST certified; and

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                      (ii) a public safety vehicle for official and personal use;
                      (f) for the Adjutant General a vehicle for official and personal use; and
                      (g) for each member of the Board of Pardons and Parole a vehicle for commute and
                  official use.
                      (4) (a) The governor has the discretion to establish a specific salary for each office listed
                  in Subsection (1), and, within that discretion, may provide salary increases within the range fixed
                  by the Legislature.
                      (b) The governor shall apply the same overtime regulations applicable to other FLSA
                  exempt positions.
                      (c) The governor may develop standards and criteria for reviewing the performance of
                  the state officers listed in Subsection (1).
                      (5) Salaries for other Schedule A employees, as defined in Section 67-19-15 , which are
                  not provided for in this chapter, or in Title 67, Chapter 8, Utah Executive and Judicial Salary
                  Act, shall be established as provided in Section 67-19-15 .
                      Section 50. Repealer.
                      This act repeals:
                      Section 63-28-1, Establishment of office -- Functions.
                      Section 63-28-2, Duty to counsel with representatives of other agencies.
                      Section 63-28-3, Appointment by governor.
                      Section 63-28-4, Powers and duties of coordinator.
                      Section 63-28a-1, Purpose.
                      Section 63-28a-2, Creation.
                      Section 63-28a-3, Membership -- Terms -- Chair -- Expenses.
                      Section 63-28a-4, Administration -- Implementation -- Notification of local
                  government representatives.
                      Section 63-28a-5, Functions and duties.
                      Section 63-28a-6, Powers of state agencies and local governments not limited.
                      Section 63-38-1.1, State Budget Office -- Creation -- Duties and responsibilities.

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                      Section 63-38-1.2, State budget officer -- Appointment -- Responsibilities --
                  Compensation.
                      Section 63-38-1.3, State budget officer's duty to provide staff support and advise
                  governor with regard to work programs.
                      Section 63-38-1.4, Governor's authority to combine functions of State Budget Office
                  and Office of State Planning Coordinator.

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