H.B. 250

1

CAPITOL COMPLEX SPACE
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Jeff Alexander
5
6 LONG TITLE
7 General Description:
8 This bill establishes most of the House Building and certain parking spaces as the
9 legislative area subject to the control of the Legislative Management Committee.
10 Highlighted Provisions:
11 This bill:
12 . designates, with certain exceptions, the House Building and 104 parking spaces as
13 the legislative area;
14 . clarifies the scope of the Capitol Preservation Board's responsibilities;
15 . clarifies the Legislative Management Committee's responsibilities for the legislative
16 area; and
17 . makes technical corrections.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 36-5-1, as last amended by Chapter 121, Laws of Utah 2002
25 63C-9-301, as last amended by Chapter 16, Laws of Utah 2003
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 36-5-1 is amended to read:
29 36-5-1. Reservation of area for Legislature -- Duties of Legislative Management
30 Committee.
31 (1) As used in this section:
32 (a) "Architectural integrity" means the architectural elements, materials, color, and
33 quality of the original building construction.
34 (b) "Capitol hill" means the grounds, monuments, parking areas, buildings, and other
35 man-made and natural objects within the area bounded by 300 North Street, Columbus Street,
36 500 North Street, and East Capitol Boulevard, and includes:
37 (i) the White Community Memorial Chapel and its grounds and parking areas, and the
38 Council Hall Travel Information Center building and its grounds and parking areas;
39 (ii) the Daughters of the Utah Pioneers building and its grounds and parking areas and
40 other state-owned property included within the area bounded by Columbus Street, North Main
41 Street, and Apricot Avenue;
42 (iii) the state-owned property included within the area bounded by Columbus Street,
43 Wall Street, and 400 North Street; and
44 (iv) the state-owned property included within the area bounded by Columbus Street,
45 West Capitol Street, and 500 North Street.
46 (c) "House Building" means the west building on capitol hill that is located northwest
47 of the state capitol and southwest of the state office building.
48 (d) "Legislative area" means the buildings, chambers, rooms, hallways, lounges,
49 parking lots, and parking garages designated by this section as being subject to legislative
50 control.
51 (2) The legislative area [at] on capitol hill includes:
52 (a) in the state capitol [includes]:
53 (i) the chambers, lounges, committee rooms, and galleries of both the Senate and the
54 House[,];
55 (ii) the offices adjacent to the Senate gallery on all sides[,];
56 (iii) all rooms and office space between the Senate and House galleries[,]; and
57 (iv) all adjacent hallways, utility space, and facilities[. This];
58 (b) the House Building; and

59 (c) the parking stalls in the underground parking facility directly east of the House
60 Building and below the central plaza.
61 (3) The legislative area is reserved for the use and occupancy of the Legislature and its
62 committees and for legislative functions.
63 (4) The Legislative Management Committee shall [designate the use which may be
64 made of the legislative area.] exercise complete jurisdiction over the legislative area, except
65 for:
66 (a) the architectural integrity of the legislative area;
67 (b) control of the central mechanical and electrical core of the House Building on all
68 floors;
69 (c) control of the enclosure of the House Building from the exterior of the building to
70 the interior of the exterior wall;
71 (d) the roof of the House Building;
72 (e) the utility and security tunnel between the underground parking structure and the
73 House Building; and
74 (f) those functions it delegates in writing to be performed by the Capitol Preservation
75 Board.
76 Section 2. Section 63C-9-301 is amended to read:
77 63C-9-301. Board powers.
78 (1) The board shall:
79 (a) except as provided in Subsection (2), exercise complete jurisdiction over capitol
80 hill facilities and capitol hill grounds;
81 (b) preserve, maintain, and restore capitol hill facilities, capitol hill grounds, and their
82 contents;
83 (c) consult with the Division of Facilities Construction and Management, the State
84 Library Division, the Division of Archives and Records Service, the Division of State History,
85 the Office of Museum Services, and the Arts Council when necessary;
86 (d) before October 1 of each year, review and approve the executive director's annual
87 budget request for submittal to the governor and Legislature;
88 (e) by October 1 of each year, prepare and submit a recommended budget request for
89 the upcoming fiscal year for capitol hill to:

90 (i) the governor, through the Governor's Office of Planning and Budget; and
91 (ii) the Legislature's appropriations subcommittee responsible for capital facilities,
92 through the Office of Legislative Fiscal Analyst;
93 (f) review and approve the executive director's:
94 (i) annual work plan;
95 (ii) long-range master plan for the capitol hill facilities and capitol hill grounds; and
96 (iii) furnishings plan for placement and care of objects under the care of the board;
97 (g) approve all changes to the buildings and their grounds, including:
98 (i) restoration, remodeling, and rehabilitation projects;
99 (ii) usual maintenance; and
100 (iii) any transfers or loans of objects under the board's care;
101 (h) define and identify all significant aspects of capitol hill facilities and capitol hill
102 grounds, after consultation with the Division of Facilities Construction and Management, State
103 Library Division, the Division of Archives and Records Service, the Division of State History,
104 the Office of Museum Services, and the Arts Council;
105 (i) inventory, define, and identify all significant contents of the buildings and all
106 state-owned items of historical significance that were at one time in the buildings, after
107 consultation with the Division of Facilities Construction and Management, State Library
108 Division, the Division of Archives and Records Service, the Division of State History, the
109 Office of Museum Services, and the Arts Council;
110 (j) maintain archives relating to the construction and development of the buildings, the
111 contents of the buildings and their grounds, including documents such as plans, specifications,
112 photographs, purchase orders, and other related documents, the original copies of which shall
113 be maintained by the Division of Archives and Records Service;
114 (k) comply with federal and state laws related to program and facility accessibility; and
115 (l) establish procedures for receiving, hearing, and deciding complaints or other issues
116 raised about the capitol hill facilities, capitol hill grounds, or their use.
117 (2) Notwithstanding Subsection (1)(a), the supervision and control of the legislative
118 area, as defined in Section 36-5-1 , is reserved to the Legislature.
119 (3) (a) The board shall make rules to govern, administer, and regulate the capitol hill
120 facilities and capitol hill grounds by following the procedures and requirements of Title 63,

121 Chapter 46a, Utah Administrative Rulemaking Act.
122 (b) A person who violates a rule adopted by the board under the authority of this
123 Subsection (3) is guilty of a class C misdemeanor.
124 (c) The board may not apply this section or rules adopted under the authority of this
125 section in a manner that violates a person's rights under the Utah Constitution or the First
126 Amendment to the United States Constitution, including the right of persons to peaceably
127 assemble.
128 (d) The board shall send proposed rules under this section to the legislative general
129 counsel and the governor's general counsel for review and comment before the board adopts the
130 rules.
131 (4) The board is exempt from the requirements of Title 63, Chapter 56, Utah
132 Procurement Code, but shall adopt procurement rules substantially similar to the requirements
133 of that chapter.
134 (5) (a) The board may:
135 (i) establish subcommittees made up of board members to assist and support the
136 executive director in accomplishing his duties;
137 (ii) establish fees for the use of capitol hill facilities and grounds;
138 (iii) assign and allocate specific duties and responsibilities to any other state agency, if
139 the other agency agrees to perform the duty or accept the responsibility;
140 (iv) contract with another state agency to provide services;
141 (v) delegate by specific motion of the board, any authority granted to it by this section
142 to the executive director; and
143 (vi) in conjunction with Salt Lake City, expend monies to improve or maintain public
144 property contiguous to East Capitol Boulevard and capitol hill.
145 (b) If a budget subcommittee is established by the board, the Legislative Fiscal Analyst,
146 or the analyst's designee, and the director of the Governor's Office of Planning and Budget, or
147 the director's designee, shall serve as ex officio, nonvoting members of the budget
148 subcommittee.
149 (c) If the board establishes any subcommittees, the board may, by majority vote,
150 appoint up to two people who are not members of the board to serve, at the will of the board, as
151 nonvoting members of a subcommittee.

152 (6) (a) The board, and the employees of the board, may not move the office of the
153 governor, lieutenant governor, president of the Senate, speaker of the House of
154 Representatives, or a member of the Legislature from the State Capitol Building unless the
155 removal is approved by:
156 (i) the governor, in the case of the governor's office;
157 (ii) the lieutenant governor, in the case of the lieutenant governor's office;
158 (iii) the president of the Senate, in the case of the president's office or the office of a
159 member of the Senate; or
160 (iv) the speaker of the House of Representatives, in the case of the speaker's office or
161 the office of a member of the House.
162 (b) The board and the employees of the board have no control over the furniture,
163 furnishings, and decorative objects in the offices of the governor, lieutenant governor, or the
164 members of the Legislature except as necessary to inventory or conserve items of historical
165 significance owned by the state.
166 (c) The board and the employees of the board have no control over records and
167 documents produced by or in the custody of a state agency, official, or employee having an
168 office in a building on capitol hill.
169 (d) Except for items identified by the board as having historical significance, and
170 except as provided in Subsection (6)(b), the board and the employees of the board have no
171 control over moveable furnishings and equipment in the custody of a state agency, official, or
172 employee having an office in a building on capitol hill.




Legislative Review Note
as of 1-18-05 10:49 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel