State Codes and Statutes
Statutes > Utah > Title-63c > Chapter-09 > 63c-9-30163C-9-301. Board powers -- Subcommittees.
(1) The board shall:
(a) except as provided in Subsection (2), exercise complete jurisdiction and stewardshipover capitol hill facilities, capitol hill grounds, and the capitol hill complex;
(b) preserve, maintain, and restore the capitol hill complex, capitol hill facilities, capitolhill grounds, and their contents;
(c) before October 1 of each year, review and approve the executive director's annualbudget request for submittal to the governor and Legislature;
(d) by October 1 of each year, prepare and submit a recommended budget request for theupcoming fiscal year for the capitol hill complex to:
(i) the governor, through the Governor's Office of Planning 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 capitolhill 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 hillfacilities, 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 allstate-owned items of historical significance that were at one time in the buildings, afterconsultation 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, thecontents 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 bemaintained 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 legislativearea, 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, isreserved to the governor.
(3) (a) The board shall make rules to govern, administer, and regulate the capitol hillcomplex, capitol hill facilities, and capitol hill grounds by following the procedures andrequirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(b) A person who violates a rule adopted by the board under the authority of thisSubsection (3) is subject to a civil penalty not to exceed $2,500 for each violation, plus theamount of any actual damages, expenses, and costs related to the violation of the rule that areincurred 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, UtahCriminal Code, the violation is subject to the civil penalty, damages, expenses, and costs allowedunder this Subsection (3) in addition to any criminal prosecution.
(e) The board may not apply this section or rules adopted under the authority of thissection in a manner that violates a person's rights under the Utah Constitution or the FirstAmendment to the United States Constitution, including the right of persons to peaceablyassemble.
(f) The board shall send proposed rules under this section to the legislative generalcounsel and the governor's general counsel for review and comment before the board adopts therules.
(4) The board is exempt from the requirements of Title 63G, Chapter 6, UtahProcurement Code, but shall adopt procurement rules substantially similar to the requirements ofthat chapter.
(5) (a) The board may:
(i) establish subcommittees made up of board members and members of the public toassist 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, ifthe 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 tothe executive director;
(vi) in conjunction with Salt Lake City, expend money to improve or maintain publicproperty contiguous to East Capitol Boulevard and capitol hill;
(vii) provide wireless Internet service to the public without a fee in any capitol hillfacility; 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)(a)(vii) shallbe discontinued in the legislative area if the president of the Senate and the speaker of the Houseof Representatives each submit a signed letter to the board indicating that the service isdisruptive to the legislative process and is to be discontinued.
(c) If a budget subcommittee is established by the board, the following shall serve as exofficio, nonvoting members of the budget subcommittee:
(i) the legislative fiscal analyst, or the analyst's designee, who shall be from the Office ofLegislative Fiscal Analyst; and
(ii) the director of the Governor's Office of Planning and Budget, or the director'sdesignee, who shall be from the Governor's Office of Planning and Budget.
(d) If a preservation and maintenance subcommittee is established by the board, theboard may, by majority vote, appoint one or each of the following to serve on the subcommitteeas voting members of the subcommittee:
(i) an architect, who shall be selected from a list of three architects submitted by theAmerican Institute of Architects; or
(ii) an engineer, who shall be selected from a list of three engineers submitted by theAmerican Civil Engineers Council.
(e) If the board establishes any subcommittees, the board may, by majority vote, appointup to two people who are not members of the board to serve, at the will of the board, asnonvoting members of a subcommittee.
(f) Members of each subcommittee shall, at the first meeting of each calendar year, selectone individual to act as chair of the subcommittee for a one-year term.
(6) (a) The board, and the employees of the board, may not move the office of thegovernor, 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 amember of the Senate; or
(iv) the speaker of the House of Representatives, in the case of the speaker's office or theoffice 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 themembers of the Legislature except as necessary to inventory or conserve items of historicalsignificance owned by the state.
(c) The board and the employees of the board have no control over records anddocuments produced by or in the custody of a state agency, official, or employee having an officein a building on the capitol hill complex.
(d) Except for items identified by the board as having historical significance, and exceptas provided in Subsection (6)(b), the board and the employees of the board have no control overmoveable furnishings and equipment in the custody of a state agency, official, or employeehaving an office in a building on the capitol hill complex.
Amended by Chapter 10, 2008 General Session
Amended by Chapter 382, 2008 General Session
