2
3
4
5
6 Cosponsors:
7 Jacob L. Anderegg
8 Patrice M. Arent
9 Melvin R. Brown
10 Rebecca Chavez-Houck
11 Scott H. Chew
12 Kay J. Christofferson
13 Kim Coleman
14 Fred C. Cox
15 Brad M. Daw
16 Brad L. Dee
17 Sophia M. DiCaro
18 Jack R. Draxler
19 James A. Dunnigan
20 Gage Froerer
21 Francis D. Gibson
22 Brian M. Greene
Keith Grover
Craig Hall
Stephen G. Handy
Lynn N. Hemingway
Sandra Hollins
Don L. Ipson
Ken Ivory
Brad King
John Knotwell
David E. Lifferth
Daniel McCay
Mike K. McKell
Carol Spackman Moss
Michael E. Noel
Curtis Oda
Lee B. Perry
Marie H. Poulson
Paul Ray
Edward H. Redd
Marc K. Roberts
Angela Romero
Douglas V. Sagers
Dean Sanpei
Mike Schultz
V. Lowry Snow
Robert M. Spendlove
Jon E. Stanard
Earl D. Tanner
Norman K Thurston
Raymond P. Ward
R. Curt Webb
John R. Westwood
Mark A. Wheatley
Brad R. Wilson
23
24 LONG TITLE
25 General Description:
26 This bill modifies provisions governing the State Capitol Preservation Board by
27 instructing the board to designate a name for the House Building on capitol hill.
28 Highlighted Provisions:
29 This bill:
30 ▸ instructs the State Capitol Preservation Board to name the House Building on
31 capitol hill the "Rebecca D. Lockhart House Building."
32 Money Appropriated in this Bill:
33 None
34 Other Special Clauses:
35 None
36 Utah Code Sections Affected:
37 AMENDS:
38 63C-9-301, as last amended by Laws of Utah 2013, Chapter 310
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 63C-9-301 is amended to read:
42 63C-9-301. Board powers -- Subcommittees.
43 (1) The board shall:
44 (a) except as provided in Subsection (2), exercise complete jurisdiction and
45 stewardship over capitol hill facilities, capitol hill grounds, and the capitol hill complex;
46 (b) preserve, maintain, and restore the capitol hill complex, capitol hill facilities,
47 capitol hill grounds, and their contents;
48 (c) before October 1 of each year, review and approve the executive director's annual
49 budget request for submittal to the governor and Legislature;
50 (d) by October 1 of each year, prepare and submit a recommended budget request for
51 the upcoming fiscal year for the capitol hill complex to:
52 (i) the governor, through the Governor's Office of Management and Budget; and
53 (ii) the Legislature's appropriations subcommittee responsible for capitol hill facilities,
54 through the Office of Legislative Fiscal Analyst;
55 (e) review and approve the executive director's:
56 (i) annual work plan;
57 (ii) long-range master plan for the capitol hill complex, capitol hill facilities, and
58 capitol hill grounds; and
59 (iii) furnishings plan for placement and care of objects under the care of the board;
60 (f) approve all changes to the buildings and their grounds, including:
61 (i) restoration, remodeling, and rehabilitation projects;
62 (ii) usual maintenance program; and
63 (iii) any transfers or loans of objects under the board's care;
64 (g) define and identify all significant aspects of the capitol hill complex, capitol hill
65 facilities, and capitol hill grounds, after consultation with the:
66 (i) Division of Facilities Construction and Management;
67 (ii) State Library Division;
68 (iii) Division of Archives and Records Service;
69 (iv) Division of State History;
70 (v) Office of Museum Services; and
71 (vi) Arts Council;
72 (h) inventory, define, and identify all significant contents of the buildings and all
73 state-owned items of historical significance that were at one time in the buildings, after
74 consultation with the:
75 (i) Division of Facilities Construction and Management;
76 (ii) State Library Division;
77 (iii) Division of Archives and Records Service;
78 (iv) Division of State History;
79 (v) Office of Museum Services; and
80 (vi) Arts Council;
81 (i) maintain archives relating to the construction and development of the buildings, the
82 contents of the buildings and their grounds, including documents such as plans, specifications,
83 photographs, purchase orders, and other related documents, the original copies of which shall
84 be maintained by the Division of Archives and Records Service;
85 (j) comply with federal and state laws related to program and facility accessibility; and
86 (k) establish procedures for receiving, hearing, and deciding complaints or other issues
87 raised about the capitol hill complex, capitol hill facilities, and capitol hill grounds, or their
88 use.
89 (2) (a) Notwithstanding Subsection (1)(a), the supervision and control of the legislative
90 area, as defined in Section 36-5-1, is reserved to the Legislature; and
91 (b) the supervision and control of the governor's area, as defined in Section 67-1-16, is
92 reserved to the governor.
93 (3) (a) The board shall make rules to govern, administer, and regulate the capitol hill
94 complex, capitol hill facilities, and capitol hill grounds by following the procedures and
95 requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
96 (b) A person who violates a rule adopted by the board under the authority of this
97 Subsection (3) is subject to a civil penalty not to exceed $2,500 for each violation, plus the
98 amount of any actual damages, expenses, and costs related to the violation of the rule that are
99 incurred by the state.
100 (c) The board may take any other legal action allowed by law.
101 (d) If any violation of a rule adopted by the board is also an offense under Title 76,
102 Utah Criminal Code, the violation is subject to the civil penalty, damages, expenses, and costs
103 allowed under this Subsection (3) in addition to any criminal prosecution.
104 (e) The board may not apply this section or rules adopted under the authority of this
105 section in a manner that violates a person's rights under the Utah Constitution or the First
106 Amendment to the United States Constitution, including the right of persons to peaceably
107 assemble.
108 (f) The board shall send proposed rules under this section to the legislative general
109 counsel and the governor's general counsel for review and comment before the board adopts the
110 rules.
111 (4) The board is exempt from the requirements of Title 63G, Chapter 6a, Utah
112 Procurement Code, but shall adopt procurement rules substantially similar to the requirements
113 of that chapter.
114 (5) The board shall name the House Building, that is defined in Section 36-5-1, the
115 "Rebecca D. Lockhart House Building."
116 [
117 (i) establish subcommittees made up of board members and members of the public to
118 assist and support the executive director in accomplishing the executive director's duties;
119 (ii) establish fees for the use of capitol hill facilities and capitol hill grounds;
120 (iii) assign and allocate specific duties and responsibilities to any other state agency, if
121 the other agency agrees to perform the duty or accept the responsibility;
122 (iv) contract with another state agency to provide services;
123 (v) delegate by specific motion of the board any authority granted to it by this section
124 to the executive director;
125 (vi) in conjunction with Salt Lake City, expend money to improve or maintain public
126 property contiguous to East Capitol Boulevard and capitol hill;
127 (vii) provide wireless Internet service to the public without a fee in any capitol hill
128 facility; and
129 (viii) when necessary, consult with the:
130 (A) Division of Facilities Construction and Management;
131 (B) State Library Division;
132 (C) Division of Archives and Records Service;
133 (D) Division of State History;
134 (E) Office of Museum Services; and
135 (F) Arts Council.
136 (b) The board's provision of wireless Internet service under Subsection [
137 shall be discontinued in the legislative area if the president of the Senate and the speaker of the
138 House of Representatives each submit a signed letter to the board indicating that the service is
139 disruptive to the legislative process and is to be discontinued.
140 (c) If a budget subcommittee is established by the board, the following shall serve as ex
141 officio, nonvoting members of the budget subcommittee:
142 (i) the legislative fiscal analyst, or the analyst's designee, who shall be from the Office
143 of Legislative Fiscal Analyst; and
144 (ii) the executive director of the Governor's Office of Management and Budget, or the
145 executive director's designee, who shall be from the Governor's Office of Management and
146 Budget.
147 (d) If a preservation and maintenance subcommittee is established by the board, the
148 board may, by majority vote, appoint one or each of the following to serve on the
149 subcommittee as voting members of the subcommittee:
150 (i) an architect, who shall be selected from a list of three architects submitted by the
151 American Institute of Architects; or
152 (ii) an engineer, who shall be selected from a list of three engineers submitted by the
153 American Civil Engineers Council.
154 (e) If the board establishes any subcommittees, the board may, by majority vote,
155 appoint up to two people who are not members of the board to serve, at the will of the board, as
156 nonvoting members of a subcommittee.
157 (f) Members of each subcommittee shall, at the first meeting of each calendar year,
158 select one individual to act as chair of the subcommittee for a one-year term.
159 [
160 governor, lieutenant governor, president of the Senate, speaker of the House of
161 Representatives, or a member of the Legislature from the State Capitol unless the removal is
162 approved by:
163 (i) the governor, in the case of the governor's office;
164 (ii) the lieutenant governor, in the case of the lieutenant governor's office;
165 (iii) the president of the Senate, in the case of the president's office or the office of a
166 member of the Senate; or
167 (iv) the speaker of the House of Representatives, in the case of the speaker's office or
168 the office of a member of the House.
169 (b) The board and the employees of the board have no control over the furniture,
170 furnishings, and decorative objects in the offices of the governor, lieutenant governor, or the
171 members of the Legislature except as necessary to inventory or conserve items of historical
172 significance owned by the state.
173 (c) The board and the employees of the board have no control over records and
174 documents produced by or in the custody of a state agency, official, or employee having an
175 office in a building on the capitol hill complex.
176 (d) Except for items identified by the board as having historical significance, and
177 except as provided in Subsection [
178 control over moveable furnishings and equipment in the custody of a state agency, official, or
179 employee having an office in a building on the capitol hill complex.