Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 109 First Substitute (2020GS)

Sponsor

Sen. Ipson, D.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• limits the amount that may be set aside from the amount appropriated for the construction of any new state building or facility; and
• modifies a provision relating to artists the Division of Arts and Museums considers and gives preference to in the percent-for-art program.

Every vote on this bill

Bill text

NEW STATE CONSTRUCTION SET-ASIDE FOR ART
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Don L. Ipson
House Sponsor: 
Francis D. Gibson
LONG TITLE
General Description:
This bill modifies a provision relating to a new state construction set aside for art. 
Highlighted Provisions:
This bill:
▸ limits the amount that may be set aside from the amount appropriated for the
construction of any new state building or facility; and
▸ modifies a provision relating to artists the Division of Arts and Museums considers
and gives preference to in the percent-for-art program. 
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
9-6-405
, as last amended by Laws of Utah 2010, Chapter 378
63A-5-209
, as last amended by Laws of Utah 2019, Chapter 468
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
9-6-405
 is amended to read:
9-6-405.
Procedures, guidelines, and rules.
(1) The division shall follow these guidelines in administering the program:
(a) Works of art shall be acquired under the program for use only with respect to those
buildings or facilities that the division determines have significant public use or access,
especially where the design and technical construction of the building or facility lend
themselves to works of art. All funds set aside and administered by the program from
appropriations for any state building or facility of which any part is obtained from the issuance
of bonds shall be used only to acquire works of art that will be placed in or at, and remain a
part of, that building or facility, to the extent necessary to preserve the federal income tax
exemption otherwise allowed for interest paid on the bonds.
(b) The goal of the division in administering the program is to fairly distribute works of
art throughout the various social, economic, and geographic communities of the state.
(c) The division
:
(i)
 shall give first preference to Utah artists[
,
]
;
 and
(ii) may consider artists from other states and give preference
 to artists from other
states [
which
] 
that
 have similar percent-for-art programs and demonstrate a reciprocal
preference for Utah artists.
(d) The division shall involve the director of the Division of Facilities Construction
and Management, or the director's designee, and the project architect in the process of
screening or selecting works of art or artists to create works of art for each project and shall
involve in that process representatives from the project's principal user or contracting agency,
the community in which the project is located, and the art profession. The project's principal
user or contracting agency shall have representation at least equal to any other entity on the
selection committee, as designated by the project's president or director. Any selection and
placement of art shall be by a majority decision of the user agency representatives on the
committee and a majority decision of the entire committee. The selection and placement shall
be approved by the president or director of the principal user.
(e) Any relocation of art placed under this program shall be done with the participation
from the division and the Division of Facilities Construction and Management and with
approval from the president or director of the principal user.
(f) The costs of administering the program and conserving and maintaining all works
of art placed under the program are limited to 15% of the funds deposited in the Utah
Percent-for-Art Account.
(2) The division shall adopt procedures, guidelines, and rules as necessary to
implement this chapter and administer the program.
Section 2. Section 
63A-5-209
 is amended to read:
63A-5-209.
Building appropriations supervised by director -- Contingencies --
Disposition of project reserve funds -- Set aside for Utah Percent-for-Art Program.
(1) The director shall:
(a) (i) supervise the expenditure of funds in providing plans, engineering
specifications, sites, and construction of the buildings for which legislative appropriations are
made; and
(ii) specifically allocate money appropriated when more than one project is included in
any single appropriation without legislative directive;
(b) (i) expend the amount necessary from appropriations for planning, engineering, and
architectural work; and
(ii) (A) allocate amounts from appropriations necessary to cover expenditures
previously made from the planning fund under Section 
63A-5-211
 in the preparation of plans,
engineering, and specifications; and
(B) return the amounts described in Subsection (1)(b)(ii)(A) to the planning fund; and
(c) hold in a statewide contingency reserve the amount budgeted for contingencies:
(i) in appropriations for the construction or remodeling of facilities; and
(ii) which may be over and above all amounts obligated by contract for planning,
engineering, architectural work, sites, and construction contracts.
(2) (a) The director shall base the amount budgeted for contingencies on a sliding scale
percentage of the construction cost ranging from:
(i) 4-1/2% to 6-1/2% for new construction; and
(ii) 6% to 9-1/2% for remodeling projects.
(b) The director shall hold the statewide contingency funds to cover:
(i) costs of change orders; and
(ii) unforeseen, necessary costs beyond those specifically budgeted for the project.
(c) (i) The Legislature shall annually review the percentage and the amount held in the
statewide contingency reserve.
(ii) The Legislature may reappropriate to other building needs, including the cost of
administering building projects, any amount from the statewide contingency reserve that is in
excess of the reserve required to meet future contingency needs.
(3) (a) The director shall hold in a separate reserve those state appropriated funds
accrued through bid savings and project residual as a project reserve.
(b) The director shall account for the funds accrued under Subsection (3)(a) in separate
accounts as follows:
(i) bid savings and project residual from a capital improvement project, as defined in
Section 
63A-5-104
; and
(ii) bid savings and project residual from a capital development project, as defined in
Section 
63A-5-104
.
(c) The State Building Board may authorize the use of project reserve funds in the
account described in Subsection (3)(b)(i) for a capital improvement project:
(i) approved under Section 
63A-5-104
; and
(ii) for which funds are not allocated.
(d) The director may:
(i) authorize the use of project reserve funds in the accounts described in Subsection
(3)(b) for the award of contracts in excess of a project's construction budget if the use is
required to meet the intent of the project;
(ii) transfer money from the account described in Subsection (3)(b)(i) to the account
described in Subsection (3)(b)(ii) if a capital development project has exceeded its construction
budget; and
(iii) use project reserve funds for any emergency capital improvement project, whether
or not the emergency capital improvement project is related to a project that has exceeded its
construction budget.
(e) The director shall report to the Office of the Legislative Fiscal Analyst within 30
days:
(i) an authorization under Subsection (3)(c); or
(ii) a transfer under Subsection (3)(d).
(f) The Legislature shall annually review the amount held in the project reserve for
possible reallocation by the Legislature to other building needs, including the cost of
administering building projects.
(4) If any part of the appropriation for a building project, other than the part set aside
for the Utah Percent-for-Art Program under Title 9, Chapter 6, Part 4, Utah Percent-for-Art
Act, remains unencumbered after the award of construction and professional service contracts
and establishing a reserve for fixed and moveable equipment, the balance of the appropriation
is dedicated to the project reserve and does not revert to the General Fund.
(5) (a) 
(i)
 One percent of the amount appropriated for the construction of any new state
building or facility may be appropriated and set aside for the Utah Percent-for-Art Program
administered by the Division of Fine Arts under Title 9, Chapter 6, Part 4, Utah Percent-for-Art
Act.
(ii) The total amount appropriated under Subsection (5)(a)(i) may not exceed $200,000.
(b) The director shall release to the Division of Fine Arts any funds included in an
appropriation to the division that are designated by the Legislature for the Utah Percent-for-Art
Program.
(c) Funds from appropriations for any state building or facility of which any part is
derived from the issuance of bonds, to the extent it would jeopardize the federal income tax
exemption otherwise allowed for interest paid on bonds, may not be set aside.
Section 3. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.