1     
STATE BUILDING DESIGNATION

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Susan Duckworth

5     
Senate Sponsor: Curtis S. Bramble

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          [(5)] (6) (a) The board may:
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 [(5)] (6)(a)(vii)
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          [(6)] (7) (a) The board, and the employees of the board, may not move the office of the
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 [(6)] (7)(b), the board and the employees of the board have no
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.