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H.B. 72
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8 LONG TITLE
9 General Description:
10 This bill establishes requirements relating to public school seismic safety.
11 Highlighted Provisions:
12 This bill:
13 . enacts the School Seismic Safety Act which:
14 . requires a school district or charter school to conduct a seismic evaluation of
15 each facility used by the school district or charter school using specified
16 standards;
17 . creates and specifies the duties of the Public School Seismic Safety Committee;
18 and
19 . directs the State Board of Education to adopt rules;
20 . repeals the School Seismic Safety Act on July 1, 2013; and
21 . makes technical changes.
22 Monies Appropriated in this Bill:
23 This bill appropriates:
24 . for fiscal year 2010-11 only, $500,000 from the General Fund to the State Board of
25 Education.
26 Other Special Clauses:
27 This bill takes effect on July 1, 2010.
28 Utah Code Sections Affected:
29 AMENDS:
30 63I-2-253, as last amended by Laws of Utah 2008, Second Special Session, Chapter 6
31 63J-1-602, as enacted by Laws of Utah 2009, Chapter 368
32 ENACTS:
33 53A-15-1201, Utah Code Annotated 1953
34 53A-15-1202, Utah Code Annotated 1953
35 53A-15-1203, Utah Code Annotated 1953
36 53A-15-1204, Utah Code Annotated 1953
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38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 53A-15-1201 is enacted to read:
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41 53A-15-1201. Title.
42 This part is known as the "School Seismic Safety Act."
43 Section 2. Section 53A-15-1202 is enacted to read:
44 53A-15-1202. Definitions.
45 As used in this part:
46 (1) "Committee" means the Public School Seismic Safety Committee created in
47 Section 53A-15-1203 .
48 (2) "Evaluation score worksheet" means the appropriate scoring worksheet for the
49 location and type of building, as contained within federal guidelines.
50 (3) "Federal guidelines" means guidelines and procedures specified in "Rapid Visual
51 Screening of Buildings for Potential Seismic Hazards: A Handbook, 2nd Edition" published by
52 the United States Federal Emergency Management Agency.
53 (4) "Threshold score" means a score on an evaluation score worksheet which indicates
54 that a building warrants a more detailed structural evaluation for its intended use.
55 Section 3. Section 53A-15-1203 is enacted to read:
56 53A-15-1203. Public School Seismic Safety Committee.
57 (1) There is created the Public School Seismic Safety Committee consisting of seven
58 members.
59 (2) (a) The governor shall appoint three members who are licensed structural engineers,
60 including:
61 (i) one member from the public or private sector appointed from a list of at least two
62 names submitted by the Utah Seismic Safety Commission;
63 (ii) one member from the public or private sector appointed from a list of at least two
64 names submitted by the Utah Division of Facilities Construction and Management; and
65 (iii) one member from the public or private sector, after considering recommendations
66 from professional associations representing structural engineers.
67 (b) The state superintendent shall appoint four members, including:
68 (i) one member representing a small school district;
69 (ii) one member representing a medium-sized school district;
70 (iii) one member representing a large school district; and
71 (iv) one member from the state superintendent's staff.
72 (3) (a) Except as required by Subsection (3)(b), each member is appointed to a
73 four-year term.
74 (b) Notwithstanding the requirement of Subsection (3)(a), the governor and state
75 superintendent shall, at the time of appointment, adjust the length of terms to ensure that the
76 terms of committee members are staggered so that approximately half of the committee is
77 appointed every two years.
78 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
79 appointed for the unexpired term in the same manner as the vacated member was chosen.
80 (4) A member may not receive compensation or benefits for the member's service, but
81 may receive per diem and travel expenses in accordance with:
82 (a) Section 63A-3-106 ;
83 (b) Section 63A-3-107 ; and
84 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
85 63A-3-107 .
86 (5) (a) The committee shall elect one of the members to serve as chair.
87 (b) A majority of the members of the committee constitutes a quorum of the
88 committee.
89 (c) The action of a majority of a quorum constitutes the action of the committee.
90 (6) The state superintendent's staff shall provide staff support to the committee.
91 (7) The committee shall:
92 (a) advise and make recommendations to the Legislature, governor, state
93 superintendent, and State Board of Education on seismic safety issues in public schools;
94 (b) provide technical assistance to the State Board of Education, state superintendent,
95 school districts, and charter schools in conducting and overseeing the seismic safety
96 evaluations required by Section 53A-15-1204 ; and
97 (c) after completion of the seismic safety evaluations required by Subsection
98 53A-15-1204 (1), establish the threshold score.
99 Section 4. Section 53A-15-1204 is enacted to read:
100 53A-15-1204. Seismic safety evaluation.
101 (1) On or before June 30, 2012, each school district and charter school shall:
102 (a) conduct a seismic safety rapid visual screening of each facility used by the school
103 district or charter school in accordance with federal guidelines;
104 (b) complete the appropriate evaluation score worksheet; and
105 (c) report its findings to the State Board of Education, including for each building:
106 (i) the evaluation score worksheet;
107 (ii) the current estimated number of building occupants during normal business hours;
108 and
109 (iii) the square footage.
110 (2) The rapid visual screening and completion of the evaluation score worksheet under
111 Subsection (1) shall be supervised or performed by a licensed professional structural engineer
112 or a licensed professional civil engineer with experience in seismic evaluations.
113 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
114 State Board of Education, after consultation with the Public School Seismic Safety Committee,
115 shall make rules to establish standardized forms and procedures for conducting and reporting
116 the results of the rapid visual screening.
117 (4) (a) The State Board of Education shall reimburse school districts and charter
118 schools for the costs of complying with this section from funds appropriated for that purpose.
119 (b) If reimbursement requests from school districts and charter schools exceed
120 available funds, the State Board of Education shall proportionately reduce the allocation for
121 each reimbursement request to match the level of available funds.
122 (c) (i) If reimbursement requests from school districts and charter schools are less than
123 available funds, the State Board of Education, after consultation with the Public School
124 Seismic Safety Committee, shall allocate any remaining funds for additional evaluations of
125 buildings that receive a score on the building's evaluation score worksheet that is below the
126 threshold score established by the committee.
127 (ii) If additional evaluations are funded pursuant to Subsection (4)(c)(i), the State
128 Board of Education, after consultation with the Public School Seismic Safety Committee, shall
129 require that the additional evaluations be performed using a nationally recognized standard.
130 (iii) The State Board of Education may require matching funds as a condition of
131 funding any additional evaluations.
132 (5) The state superintendent shall report to the Education Interim Committee the
133 findings of the statewide seismic evaluation, including any additional evaluations, on or before
134 October 31, 2012, including:
135 (a) by school district or charter school, the total number of screened buildings and the
136 score for each building;
137 (b) the total estimated number of building occupants;
138 (c) total estimated number of building occupants in structures that receive a score on
139 the building's evaluation score worksheet that is below the threshold score established by the
140 committee;
141 (d) the total facility square footage statewide;
142 (e) the total facility square footage statewide in structures that receive a score on the
143 building's evaluation score worksheet that is below the threshold score established by the
144 committee; and
145 (f) the number of school districts, charter schools, and facilities for which no report
146 was submitted.
147 (6) The state, a school district, a charter school, and their officers and employees are
148 immune from suit for any injury or damage resulting from the exercise or performance of, or
149 the failure to exercise or perform, any action related to seismic safety as a result of the
150 evaluations performed pursuant to this section.
151 Section 5. Section 63I-2-253 is amended to read:
152 63I-2-253. Repeal dates -- Titles 53, 53A, and 53B.
153 (1) Section 53A-1-403.5 is repealed July 1, 2012.
154 (2) Subsection 53A-1-603 (5) is repealed July 1, 2010.
155 (3) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2014.
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159 (5) Title 53A, Chapter 15, Part 12, School Seismic Safety Act, is repealed July 1, 2013.
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162 Section 6. Section 63J-1-602 is amended to read:
163 63J-1-602. Nonlapsing accounts and funds.
164 (1) The following revenue collections, appropriations from a fund or account, and
165 appropriations to a program are nonlapsing:
166 (a) appropriations made to the Legislature and its committees;
167 (b) funds collected by the grain grading program, as provided in Section 4-2-2 ;
168 (c) the Salinity Offset Fund created in Section 4-2-8.5 ;
169 (d) the Invasive Species Mitigation Fund created in Section 4-2-8.7 ;
170 (e) funds collected by pesticide dealer license registration fees, as provided in Section
171 4-14-3 ;
172 (f) funds collected by pesticide applicator business registration fees, as provided in
173 Section 4-14-13 ;
174 (g) the Rangeland Improvement Fund created in Section 4-20-2 ;
175 (h) funds deposited as dedicated credits under the Insect Infestation Emergency Control
176 Act, as provided in Section 4-35-6 ;
177 (i) the Percent-for-Art Program created in Section 9-6-404 ;
178 (j) the Centennial History Fund created in Section 9-8-604 ;
179 (k) the Uintah Basin Revitalization Fund, as provided in Section 9-10-108 ;
180 (l) the Navajo Revitalization Fund created in Section 9-11-104 ;
181 (m) the LeRay McAllister Critical Land Conservation Program created in Section
182 11-38-301 ;
183 (n) the Clean Fuels and Vehicle Technology Fund created in Section 19-1-403 ;
184 (o) fees deposited as dedicated credits for hazardous waste plan reviews, as provided in
185 Section 19-6-120 ;
186 (p) an appropriation made to the Division of Wildlife Resources for the appraisal and
187 purchase of lands under the Pelican Management Act, as provided in Section 23-21a-6 ;
188 (q) award monies under the Crime Reduction Assistance Program, as provided under
189 Section 24-1-19 ;
190 (r) funds collected from the emergency medical services grant program, as provided in
191 Section 26-8a-207 ;
192 (s) fees and other funding available to purchase training equipment and to administer
193 tests and conduct quality assurance reviews, as provided in Section 26-8a-208 ;
194 (t) funds collected as a result of a sanction under Section 1919 of Title XIX of the
195 federal Social Security Act, as provided in Section 26-18-3 ;
196 (u) the Utah Health Care Workforce Financial Assistance Program created in Section
197 26-46-102 ;
198 (v) monies collected from subscription fees for publications prepared or distributed by
199 the insurance commissioner, as provided in Section 31A-2-208 ;
200 (w) monies received by the Insurance Department for administering, investigating
201 under, and enforcing the Insurance Fraud Act, as provided in Section 31A-31-108 ;
202 (x) certain monies received for penalties paid under the Insurance Fraud Act, as
203 provided in Section 31A-31-109 ;
204 (y) the fund for operating the state's Federal Health Care Tax Credit Program, as
205 provided in Section 31A-38-104 ;
206 (z) certain funds in the Department of Workforce Services' program for the education,
207 training, and transitional counseling of displaced homemakers, as provided in Section
208 35A-3-114 ;
209 (aa) the Employment Security Administration Fund created in Section 35A-4-505 ;
210 (bb) the Special Administrative Expense Fund created in Section 35A-4-506 ;
211 (cc) funding for a new program or agency that is designated as nonlapsing under
212 Section 36-24-101 ;
213 (dd) the Oil and Gas Conservation Account created in Section 40-6-14.5 ;
214 (ee) funds available to the State Tax Commission for purchase and distribution of
215 license plates and decals, as provided in Section 41-1a-1201 ;
216 (ff) certain fees for the cost of electronic payments under the Motor Vehicle Act, as
217 provided in Section 41-1a-1221 ;
218 (gg) certain fees collected for administering and enforcing the Motor Vehicle Business
219 Regulation Act, as provided in Section 41-3-601 ;
220 (hh) certain fees for the cost of electronic payments under the Motor Vehicle Business
221 Regulation Act, as provided in Section 41-3-604 ;
222 (ii) the Off-Highway Access and Education Restricted Account created in Section
223 41-22-19.5 ;
224 (jj) certain fees for the cost of electronic payments under the Motor Vehicle Act, as
225 provided in Section 41-22-36 ;
226 (kk) monies collected under the Notaries Public Reform Act, as provided under
227 46-1-23 ;
228 (ll) certain funds associated with the Law Enforcement Operations Account, as
229 provided in Section 51-9-411 ;
230 (mm) the Public Safety Honoring Heroes Restricted Account created in Section
231 53-1-118 ;
232 (nn) funding for the Search and Rescue Financial Assistance Program, as provided in
233 Section 53-2-107 ;
234 (oo) appropriations made to the Department of Public Safety from the Department of
235 Public Safety Restricted Account, as provided in Section 53-3-106 ;
236 (pp) appropriations to the Motorcycle Rider Education Program, as provided in Section
237 53-3-905 ;
238 (qq) fees collected by the State Fire Marshal Division under the Utah Fire Prevention
239 and Safety Act, as provided in Section 53-7-314 ;
240 (rr) the DNA Specimen Restricted Account created in Section 53-10-407 ;
241 (ss) monies appropriated to the State Board of Education for fiscal year 2010-11 for:
242 (i) reimbursement of school district and charter school seismic safety evaluation costs
243 pursuant to Section 53A-15-1204 ; and
244 (ii) expenses of the Public School Seismic Safety Committee created in Section
245 53A-15-1203;
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248 of Education for new teacher bonus and performance-based compensation plans, as provided in
249 Section 53A-17a-148 ;
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251 Board of Education for implementation of proposals to improve mathematics achievement test
252 scores, as provided in Section 53A-17a-152 ;
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255 products or services, as provided in Section 53A-24-105 ;
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258 Regents for teacher preparation programs, as provided in Section 53B-6-104 ;
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260 School Institutional Trust Lands Management Act, as provided under Section 53C-3-202 ;
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262 lines imposed by the Public Service Commission, as provided in Section 54-8b-10 ;
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264 Licensing for violation of unlawful or unprofessional conduct that are used for education and
265 enforcement purposes, as provided in Section 58-17b-505 ;
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267 58-31b-103 ;
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269 58-37-7.7 ;
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271 Section 58-44a-103 ;
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273 Section 58-56-9 ;
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275 Licensing for use in education and enforcement of the Security Personnel Licensing Act, as
276 provided in Section 58-63-103 ;
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278 Section 58-76-103 ;
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280 Fund, as provided in Section 59-12-103 ;
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282 background check for broker and sales agent licenses, as provided in Section 61-2-9 ;
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284 61-2-28 ;
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286 background check for a mortgage loan license, as provided in Section 61-2c-202 ;
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288 records in an investigation, as provided in Section 61-2c-401 ;
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290 in Section 62A-1-111 ;
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292 provided in Section 62A-4a-110 ;
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294 in Section 62A-13-109 ;
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296 a county treasurer, as provided in Section 62A-15-503 ;
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298 provided in Section 62A-5-102 ;
299 [
300 provided in Section 62A-15-103 ;
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302 sale or disposal of buffalo, as provided under Section 63-11-19.2 ;
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304 State Park, or Jordan River State Park, as provided under Section 63-11-19.5 ;
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306 under Section 63-11-19.6 ;
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308 created under Section 63-11a-503 ;
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310 63-11a-504 ;
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312 63-73-10 ;
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314 [
315 63A-11-203 ;
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317 63C-4-103 ;
318 [
319 Commission, as provided in Section 63C-6-104 ;
320 [
321 Medical Education Council, as provided in Section 63C-8-102 ;
322 [
323 Athletic Commission, as provided under Section 63C-11-301 ;
324 [
325 publications, as provided in Section 63G-3-402 ;
326 [
327 Development's Enterprise Zone Act, as provided in Section 63M-1-416 ;
328 [
329 63M-1-1406 ;
330 [
331 Development in the Governor's Office of Economic Development, as provided in Section
332 63M-1-1604 ;
333 [
334 Communities Restricted Account, as provided in Section 63M-1-2003 ;
335 [
336 Authority, created under Section 63M-2-301 , as provided under Section 63M-3-302 ;
337 [
338 Section 63M-1-2303 ;
339 [
340 in Section 64-13-21.2 ;
341 [
342 parole inmates, as provided in Subsection 64-13e-104 (2);
343 [
344 [
345 Forestry, Fire, and State Lands, as provided in Section 65A-8-103 ;
346 [
347 as provided in Section 67-19-6 ;
348 [
349 provided in Section 69-2-5.5 ;
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351 Loan Fund, as provided in Section 72-2-117 ;
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353 as provided in Section 72-2-117.5 ;
354 [
355 provided in Section 77-2-120 ;
356 [
357 Fund, as provided in Section 77-2-122 ;
358 [
359 Program, as provided in Section 72-3-207 ;
360 [
361 [
362 drilling fines or bonds, as provided in Section 73-3-25 ;
363 [
364 Jordan River that are transferred to the Division of Parks and Recreation, as provided in
365 Section 73-10e-1 ;
366 [
367 Boating Act, as provided in Section 73-18-25 ;
368 [
369 and Development Fund, as provided in Section 73-23-2 ;
370 [
371 created in Section 73-28-404 ;
372 [
373 Reserve Account, as provided in Section 73-103-1 ;
374 [
375 provided in Section 77-10a-19 ;
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377 Section 77-32-601 ;
378 [
379 77-32-701 ;
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381 provided in Subsection 78A-6-203 (c);
382 [
383 78A-6-210 ; and
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385 interpreters, as provided in Section 78B-1-146 .
386 (2) No revenue collection, appropriation from a fund or account, or appropriation to a
387 program may be treated as nonlapsing unless:
388 (a) it is expressly referenced by this section;
389 (b) it is designated in a condition of appropriation in the appropriations bill; or
390 (c) nonlapsing authority is granted under Section 63J-1-603 .
391 (3) Each legislative appropriations subcommittee shall review the accounts and funds
392 that have been granted nonlapsing authority under this section or Section 63J-1-603 .
393 Section 7. Appropriation.
394 (1) There is appropriated $500,000 from the General Fund for fiscal year 2010-11 only,
395 to the State Board of Education for:
396 (a) reimbursement of school district and charter school seismic safety evaluation costs
397 incurred pursuant to Section 53A-15-1204 ; and
398 (b) expenses of the Public School Seismic Safety Committee created under Section
399 53A-15-1203 .
400 (2) The funds appropriated in Subsection (1) are non-lapsing.
401 Section 8. Effective date.
402 This bill takes effect on July 1, 2010.
Legislative Review Note
as of 12-22-09 2:48 PM