Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 322 First Substitute (2016GS)

Sponsor

Rep. Duckworth, S.

Final action

Governor Signed 3/23/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• instructs the State Capitol Preservation Board to name the House Building on capitol hill the "Lockhart House Building."

Every vote on this bill

Bill text

STATE BUILDING DESIGNATION
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Susan Duckworth
Senate Sponsor: 
 Curtis S. Bramble
LONG TITLE
General Description:
This bill modifies provisions governing the State Capitol Preservation Board by
instructing the board to designate a name for the House Building on capitol hill.
Highlighted Provisions:
This bill:
▸ instructs the State Capitol Preservation Board to name the House Building on
capitol hill the "Lockhart House Building."
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63C-9-301
, as last amended by Laws of Utah 2013, Chapters 310 and 310
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63C-9-301
 is amended to read:
63C-9-301.
Board powers -- Subcommittees.
(1) The board shall:
(a) except as provided in Subsection (2), exercise complete jurisdiction and
stewardship over capitol hill facilities, capitol hill grounds, and the capitol hill complex;
(b) preserve, maintain, and restore the capitol hill complex, capitol hill facilities,
capitol hill grounds, and their contents;
(c) before October 1 of each year, review and approve the executive director's annual
budget request for submittal to the governor and Legislature;
(d) by October 1 of each year, prepare and submit a recommended budget request for
the upcoming fiscal year for the capitol hill complex to:
(i) the governor, through the Governor's Office of Management and Budget; and
(ii) the Legislature's appropriations subcommittee responsible for capitol hill facilities,
through the Office of Legislative Fiscal Analyst;
(e) review and approve the executive director's:
(i) annual work plan;
(ii) long-range master plan for the capitol hill complex, capitol hill facilities, and
capitol hill grounds; and
(iii) furnishings plan for placement and care of objects under the care of the board;
(f) approve all changes to the buildings and their grounds, including:
(i) restoration, remodeling, and rehabilitation projects;
(ii) usual maintenance program; and
(iii) any transfers or loans of objects under the board's care;
(g) define and identify all significant aspects of the capitol hill complex, capitol hill
facilities, and capitol hill grounds, after consultation with the:
(i) Division of Facilities Construction and Management;
(ii) State Library Division;
(iii) Division of Archives and Records Service;
(iv) Division of State History;
(v) Office of Museum Services; and
(vi) Arts Council;
(h) 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:
(i) Division of Facilities Construction and Management;
(ii) State Library Division;
(iii) Division of Archives and Records Service;
(iv) Division of State History;
(v) Office of Museum Services; and
(vi) Arts Council;
(i) 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;
(j) comply with federal and state laws related to program and facility accessibility; and
(k) establish procedures for receiving, hearing, and deciding complaints or other issues
raised about the capitol hill complex, capitol hill facilities, and capitol hill grounds, or their
use.
(2) (a) Notwithstanding Subsection (1)(a), the supervision and control of the legislative
area, as defined in Section 
36-5-1
, is reserved to the Legislature; and
(b) the supervision and control of the governor's area, as defined in Section 
67-1-16
, is
reserved to the governor.
(3) (a) The board shall make rules to govern, administer, and regulate the capitol hill
complex, capitol hill facilities, and capitol hill grounds by following the procedures and
requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(b) A person who violates a rule adopted by the board under the authority of this
Subsection (3) is subject to a civil penalty not to exceed $2,500 for each violation, plus the
amount of any actual damages, expenses, and costs related to the violation of the rule that are
incurred by the state.
(c) The board may take any other legal action allowed by law.
(d) If any violation of a rule adopted by the board is also an offense under Title 76,
Utah Criminal Code, the violation is subject to the civil penalty, damages, expenses, and costs
allowed under this Subsection (3) in addition to any criminal prosecution.
(e) 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.
(f) 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 63G, Chapter 6a, Utah
Procurement Code, but shall adopt procurement rules substantially similar to the requirements
of that chapter.
(5) The board shall name the House Building, that is defined in Section 
36-5-1
, the
"Lockhart House Building."
[
(5)
] 
(6)
 (a) The board may:
(i) establish subcommittees made up of board members and members of the public to
assist and support the executive director in accomplishing the executive director's duties;
(ii) establish fees for the use of capitol hill facilities and capitol hill 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;
(vi) in conjunction with Salt Lake City, expend money to improve or maintain public
property contiguous to East Capitol Boulevard and capitol hill;
(vii) provide wireless Internet service to the public without a fee in any capitol hill
facility; and
(viii) when necessary, consult with the:
(A) Division of Facilities Construction and Management;
(B) State Library Division;
(C) Division of Archives and Records Service;
(D) Division of State History;
(E) Office of Museum Services; and
(F) Arts Council.
(b) The board's provision of wireless Internet service under Subsection [
(5)
] 
(6)
(a)(vii)
shall be discontinued in the legislative area if the president of the Senate and the speaker of the
House of Representatives each submit a signed letter to the board indicating that the service is
disruptive to the legislative process and is to be discontinued.
(c) If a budget subcommittee is established by the board, the following shall serve as ex
officio, nonvoting members of the budget subcommittee:
(i) the legislative fiscal analyst, or the analyst's designee, who shall be from the Office
of Legislative Fiscal Analyst; and
(ii) the executive director of the Governor's Office of Management and Budget, or the
executive director's designee, who shall be from the Governor's Office of Management and
Budget.
(d) If a preservation and maintenance subcommittee is established by the board, the
board may, by majority vote, appoint one or each of the following to serve on the
subcommittee as voting members of the subcommittee:
(i) an architect, who shall be selected from a list of three architects submitted by the
American Institute of Architects; or
(ii) an engineer, who shall be selected from a list of three engineers submitted by the
American Civil Engineers Council.
(e) 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.
(f) Members of each subcommittee shall, at the first meeting of each calendar year,
select one individual to act as chair of the subcommittee for a one-year term.
[
(6)
] 
(7)
 (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 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 the capitol hill complex.
(d) Except for items identified by the board as having historical significance, and
except as provided in Subsection [
(6)
] 
(7)
(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 having an office in a building on the capitol hill complex.
Legislative Review Note
Office of Legislative Research and General Counsel