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First Substitute H.B. 257
Representative Raymond W. Short proposes to substitute the following bill:
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CAPITOL PRESERVATION BOARD DUTIES
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AND RESPONSIBILITIES
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Raymond W. Short
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Ralph Becker
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AN ACT RELATING TO BOARDS AND COMMISSIONS; REVISING THE JURISDICTION,
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DUTIES, AND RESPONSIBILITIES OF THE STATE CAPITOL PRESERVATION BOARD;
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PROHIBITING THE GOVERNOR FROM REVISING THE BUDGET FOR CAPITOL HILL
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SUBMITTED BY THE COMMISSION; MAKING TECHNICAL CORRECTIONS; AND
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PROVIDING AN EFFECTIVE DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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63-38-2, as last amended by Chapter 21, Laws of Utah 1999
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63C-9-102, as enacted by Chapter 285, Laws of Utah 1998
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63C-9-202, as enacted by Chapter 285, Laws of Utah 1998
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63C-9-301, as enacted by Chapter 285, Laws of Utah 1998
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
63-38-2
is amended to read:
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63-38-2. Governor to submit budget to Legislature -- Contents -- Preparation --
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Appropriations based on current tax laws and not to exceed estimated revenues.
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(1) (a) The governor shall, within three days after the convening of the Legislature in the
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annual general session, submit a budget for the ensuing fiscal year by delivering it to the presiding
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officer of each house of the Legislature together with a schedule for all of the proposed
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appropriations of the budget, clearly itemized and classified.
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(b) The budget message shall include a projection of estimated revenues and expenditures
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for the next fiscal year.
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(2) At least 34 days before the submission of any budget, the governor shall deliver a
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confidential draft copy of his proposed budget recommendations to the Office of the Legislative
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Fiscal Analyst.
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(3) (a) The budget shall contain a complete plan of proposed expenditures and estimated
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revenues for the next fiscal year based upon the current fiscal year state tax laws and rates.
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(b) The budget may be accompanied by a separate document showing proposed
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expenditures and estimated revenues based on changes in state tax laws or rates.
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(4) The budget shall be accompanied by a statement showing:
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(a) the revenues and expenditures for the last fiscal year;
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(b) the current assets, liabilities, and reserves, surplus or deficit, and the debts and funds
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of the state;
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(c) an estimate of the state's financial condition as of the beginning and the end of the
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period covered by the budget;
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(d) a complete analysis of lease with an option to purchase arrangements entered into by
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state agencies;
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(e) the recommendations for each state agency for new full-time employees for the next
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fiscal year; which recommendation should be provided also to the State Building Board under
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Subsection
63A-5-103
(2);
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(f) any explanation the governor may desire to make as to the important features of the
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budget and any suggestion as to methods for the reduction of expenditures or increase of the state's
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revenue; and
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(g) the information detailing certain regulatory fee increases required by Section
63-38-3.2
.
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(5) The budget shall include an itemized estimate of the appropriations for:
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(a) the Legislative Department as certified to the governor by the president of the Senate
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and the speaker of the House;
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(b) the Executive Department;
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(c) the Judicial Department as certified to the governor by the state court administrator;
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(d) payment and discharge of the principal and interest of the indebtedness of the state [of
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Utah];
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(e) the salaries payable by the state under the Utah Constitution or under law for the lease
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agreements planned for the next fiscal year;
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(f) other purposes that are set forth in the Utah Constitution or under law; and
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(g) all other appropriations.
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(6) Deficits or anticipated deficits shall be included in the budget.
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(7) (a) (i) For the purpose of preparing and reporting the budget, the governor shall require
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from the proper state officials, including public and higher education officials, all heads of
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executive and administrative departments and state institutions, bureaus, boards, commissions, and
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agencies expending or supervising the expenditure of the state moneys, and all institutions
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applying for state moneys and appropriations, itemized estimates of revenues and expenditures.
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The entities required by this Subsection (7)(a)(i) to submit itemized estimates of revenues and
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expenditures to the governor, shall also report to the Utah Information Technology Commission
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created in Title 63D, Chapter 1, Part 2, before October 30 of each year. The report to the
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Information Technology Commission shall include the proposed information technology
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expenditures and objectives, the proposed appropriation requests and other sources of revenue
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necessary to fund the proposed expenditures and an analysis of:
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(A) the entity's need for appropriations for information technology;
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(B) how the entity's development of information technology coordinates with other state
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or local government entities;
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(C) any performance measures used by the entity for implementing information technology
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goals; and
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(D) any efforts to develop public/private partnerships to accomplish information
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technology goals.
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(ii) (A) The governor may also require other information under these guidelines and at
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times as the governor may direct.
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(B) These guidelines may include a requirement for program productivity and performance
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measures, where appropriate, with emphasis on outcome indicators.
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(b) The estimate for the Legislative Department as certified by the presiding officers of
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both houses shall be included in the budget without revision by the governor. Before preparing
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the estimates for the Legislative Department, the Legislature shall report to the Information
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Technology Commission the proposed information technology expenditures and objectives, the
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proposed appropriation requests and other sources of revenue necessary to fund the proposed
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expenditures, including an analysis of:
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(i) the Legislature's implementation of information technology goals;
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(ii) any coordination of information technology with other departments of state and local
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government;
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(iii) any efforts to develop public/private partnerships to accomplish information
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technology goals; and
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(iv) any performance measures used by the entity for implementing information technology
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goals.
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(c) The estimate for the Judicial Department, as certified by the state court administrator,
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shall also be included in the budget without revision, but the governor may make separate
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recommendations on it. Before preparing the estimates for the Judicial Department, the state court
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administrator shall report to the Information Technology Commission the proposed information
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technology expenditures and objectives, the proposed appropriation requests and other sources of
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revenue necessary to fund the proposed expenditures, including an analysis of:
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(i) the Judicial Department's information technology goals;
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(ii) coordination of information technology statewide between all courts;
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(iii) any efforts to develop public/private partnerships to accomplish information
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technology goals; and
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(iv) any performance measures used by the entity for implementing information technology
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goals.
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(d) Before preparing the estimates for the State Office of Education, the state
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superintendent shall report to the Information Technology Commission the proposed information
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technology expenditures and objectives, the proposed appropriation requests and other sources of
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revenue necessary to fund the proposed expenditures, including an analysis of:
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(i) the Office of Education's information technology goals;
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(ii) coordination of information technology statewide between all public schools;
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(iii) any efforts to develop public/private partnerships to accomplish information
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technology goals; and
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(iv) any performance measures used by the Office of Education for implementing
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information technology goals.
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(e) Before preparing the estimates for the state system of Higher Education, the
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commissioner shall report to the Information Technology Commission the proposed information
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technology expenditures and objectives, the proposed appropriation requests and other sources of
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revenue necessary to fund the proposed expenditures, including an analysis of:
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(i) Higher Education's information technology goals;
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(ii) coordination of information technology statewide within the state system of higher
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education;
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(iii) any efforts to develop public/private partnerships to accomplish information
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technology goals; and
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(iv) any performance measures used by the state system of higher education for
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implementing information technology goals.
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(f) The governor may require the attendance at budget meetings of representatives of
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public and higher education, state departments and institutions, and other institutions or individuals
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applying for state appropriations.
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(g) The governor may revise all estimates, except those relating to the Legislative
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Department, the Judicial Department, and those providing for the payment of principal and interest
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to the state debt and for the salaries and expenditures specified by the Utah Constitution or under
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the laws of the state.
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(8) The total appropriations requested for expenditures authorized by the budget may not
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exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing fiscal
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year.
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(9) If any item of the budget as enacted is held invalid upon any ground, the invalidity does
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not affect the budget itself or any other item in it.
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(10) (a) In submitting the budget for the Departments of Health and Human Services, the
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governor shall consider a separate recommendation in his budget for funds to be contracted to:
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(i) local mental health authorities under Section
17A-3-606
;
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(ii) local substance abuse authorities under Section
62A-8-110.5
;
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(iii) area agencies under Section
62A-3-104.2
;
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(iv) programs administered directly by and for operation of the Divisions of Mental Health,
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Substance Abuse, and Aging and Adult Services; and
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(v) local health departments under Title 26A, Chapter 1, Local Health Departments.
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(b) In his budget recommendations under Subsections (10)(a)(i), (ii), and (iii), the governor
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shall consider an amount sufficient to grant local health departments, local mental health
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authorities, local substance abuse authorities, and area agencies the same percentage increase for
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wages and benefits that he includes in his budget for persons employed by the state.
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(c) If the governor does not include in his budget an amount sufficient to grant the increase
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described in Subsection (10)(b), he shall include a message to the Legislature regarding his reason
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for not including that amount.
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(11) (a) In submitting the budget for the Division of Services for People with Disabilities
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within the Department of Human Services, the governor shall consider an amount sufficient to
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grant employees of private nonprofit corporations that contract with that division, the same
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percentage increase for cost-of-living that he includes in his budget for persons employed by the
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state.
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(b) If the governor does not include in his budget an amount sufficient to grant the increase
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described in Subsection (11)(a), he shall include a message to the Legislature regarding his reason
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for not including that amount.
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(12) (a) The Families, Agencies, and Communities Together Council may propose to the
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governor under Subsection
63-75-4
(4)(e) a budget recommendation for collaborative service
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delivery systems operated under Section
63-75-6.5
.
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(b) The Legislature may, through a specific program schedule, designate funds
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appropriated for collaborative service delivery systems operated under Section
63-75-6.5
.
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(13) The governor shall include in his budget the state's portion of the budget for the Utah
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Communications Agency Network established in Title 63C, Chapter 7, Utah Communications
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Agency Network Act.
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(14) (a) As used in this Subsection (14):
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(i) "Capitol hill" means the grounds, monuments, parking lots, buildings, and other
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man-made and natural objects within the area bounded by 300 North Street, Columbus Street, 500
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North Street, and East Capitol Street.
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(ii) "Capitol hill facilities" means all of the buildings on capitol hill, and the exterior steps,
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entrances, streets, parking lots, and other paved areas of capitol hill.
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(iii) "Capitol hill grounds" means the unpaved areas of capitol hill.
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(b) The governor shall include in his budget the estimate for capitol hill, capitol hill
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facilities, and capitol hill grounds as certified to the governor by the State Capitol Preservation
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Board.
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Section 2.
Section
63C-9-102
is amended to read:
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63C-9-102. Definitions.
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(1) "Board" means the State Capitol Preservation Board created by Section
63C-9-201
.
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(2) "Capitol hill" means the grounds, monuments, parking lots, buildings, and other
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man-made and natural objects within the area bounded by 300 North Street, Columbus Street, 500
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North Street, and East Capitol Street.
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(3) [(a)] "Capitol hill facilities" means all of the buildings on capitol hill, and the exterior
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steps, entrances, streets, parking lots, and other paved areas of capitol hill.
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[(b) "Capitol hill facilities" does not mean the greenhouses located on capitol hill.]
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(4) "Capitol hill grounds" means the unpaved areas of capitol hill.
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(5) "Executive director" means the executive director appointed by the board under Section
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63C-9-401
.
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Section 3.
Section
63C-9-202
is amended to read:
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63C-9-202. Terms -- Vacancies-- Chair --Meetings -- Compensation.
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(1) (a) The governor, president of the Senate, and speaker of the House shall serve terms
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coterminous with their term as governor, president, and speaker.
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(b) The other members shall serve two-year terms.
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(2) Vacancies in the appointed positions shall be filled by the original appointing authority
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for the unexpired term.
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(3) (a) The governor is chair of the board.
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(b) The governor shall recommend a member of the board to serve as vice chair of the
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board.
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(c) A person recommended by the governor becomes vice chair of the board when
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approved by a majority vote of the board with a quorum present.
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(4) The board shall meet at least quarterly and at other times at the call of the governor or
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if four members of the board request a meeting.
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(5) (a) (i) Members who are not government employees shall receive no compensation or
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benefits for their services, but may receive per diem and expenses incurred in the performance of
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the member's official duties at the rates established by the Division of Finance under Sections
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63A-3-106
and
63A-3-107
.
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(ii) Members may decline to receive per diem and expenses for their service.
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(b) (i) State government officers and employee members who do not receive salary, per
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diem, or expenses from their agency for their service may receive per diem and expenses incurred
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in the performance of their official duties from the committee at the rates established by the
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Division of Finance under Sections
63A-3-106
and
63A-3-107
.
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(ii) State government officers and employee members may decline to receive per diem and
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expenses for their service.
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(c) Legislative members receive the expenses authorized by legislative rule.
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Section 4.
Section
63C-9-301
is amended to read:
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63C-9-301. Board powers.
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(1) The board shall:
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(a) except as provided in Subsection (2), exercise complete jurisdiction over capitol hill
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facilities and capitol hill grounds;
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(b) preserve, maintain, and restore capitol hill facilities, capitol hill grounds, and their
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contents;
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(c) by October 1 of each year, prepare and submit a budget for capitol hill to:
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(i) the governor; and
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(ii) the Legislative Fiscal Analyst for distribution to the members of the legislative
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appropriations subcommittee that addresses capital facilities;
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[(c)] (d) consult with the Division of Facilities Construction and Management, the State
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Library Division, the Division of Archives and Records Service, the Division of State History, the
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Office of Museum Services, and the Arts Council when necessary;
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[(d)] (e) review and approve the executive director's:
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(i) annual budget and work plan;
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(ii) long-range master plan for the capitol hill facilities and capitol hill grounds; and
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(iii) furnishings plan for placement and care of objects under the care of the board;
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[(e)] (f) approve all changes to the buildings and their grounds, including:
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(i) restoration, remodeling, and rehabilitation projects;
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(ii) usual maintenance; and
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(iii) any transfers or loans of objects under the board's care;
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[(f)] (g) define and identify all significant aspects of capitol hill facilities and capitol hill
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grounds, after consultation with the Division of Facilities Construction and Management, State
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Library Division, the Division of Archives and Records Service, the Division of State History, the
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Office of Museum Services, and the Arts Council;
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[(g)] (h) inventory, define, and identify all significant contents of the buildings and all
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state-owned items of historical significance that were at one time in the buildings, after
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consultation with the Division of Facilities Construction and Management, State Library Division,
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the Division of Archives and Records Service, the Division of State History, the Office of Museum
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Services, and the Arts Council;
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[(h)] (i) maintain archives relating to the construction and development of the buildings,
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the contents of the buildings and their grounds, including documents such as plans, specifications,
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photographs, purchase orders, and other related documents, the original copies of which shall be
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maintained by the Division of Archives and Records Service;
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[(i)] (j) comply with federal and state laws related to program and facility accessibility; and
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[(j)] (k) establish procedures for receiving, hearing, and deciding complaints or other
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issues raised about the capitol hill facilities, capitol hill grounds, or their use.
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(2) Notwithstanding Subsection (1)(a), the supervision and control of the legislative area
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is reserved to the Legislature.
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(3) (a) The board shall make rules to govern, administer, and regulate the capitol hill
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facilities and capitol hill grounds by following the procedures and requirements of Title 63,
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Chapter 46a, Utah Administrative Rulemaking Act.
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(b) A person who violates a rule adopted by the board under the authority of this
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Subsection (3) is guilty of a class C misdemeanor.
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(c) The board may not apply this section or rules adopted under the authority of this
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section in a manner that violates a person's rights under the Utah Constitution or the First
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Amendment to the United States Constitution, including the right of persons to peaceably
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assemble.
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(d) The board shall send proposed rules under this section to the legislative general counsel
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and the governor's general counsel for review and comment before the board adopts the rules.
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(4) The board is exempt from the requirements of Title 63, Chapter 56, Utah Procurement
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Code, but shall adopt procurement rules substantially similar to the requirements of that chapter.
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(5) (a) The board may:
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(i) establish subcommittees and assign their membership;
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[(a)] (ii) establish fees for the use of capitol hill facilities and grounds;
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[(b)] (iii) assign and allocate specific duties and responsibilities to any other state agency,
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if the other agency agrees to perform the duty or accept the responsibility; and
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[(c)] (iv) contract with another state agency to provide services.
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(b) If a budget committee is established, the Legislative Fiscal Analyst, or the analyst's
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designee, and the state budget officer, or the officer's designee, shall serve as ex officio, nonvoting
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members of the budget subcommittee.
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(6) (a) The board, and the employees of the board, may not move the office of the
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governor, lieutenant governor, president of the Senate, speaker of the House of Representatives,
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or a member of the Legislature from the State Capitol Building unless the removal is approved by:
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(i) the governor, in the case of the governor's office;
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(ii) the lieutenant governor, in the case of the lieutenant governor's office;
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(iii) the president of the Senate, in the case of the president's office or the office of a
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member of the Senate; or
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(iv) the speaker of the House of Representatives, in the case of the speaker's office or the
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office of a member of the House.
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(b) The board and the employees of the board have no control over the furniture,
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furnishings, and decorative objects in the offices of the governor, lieutenant governor, or the
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members of the Legislature except as necessary to inventory or conserve items of historical
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significance owned by the state.
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(c) The board and the employees of the board have no control over records and documents
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produced by or in the custody of a state agency, official, or employee having an office in a building
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on capitol hill.
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(d) Except for items identified by the board as having historical significance, and except
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as provided in Subsection (6)(b), the board and the employees of the board have no control over
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moveable furnishings and equipment in the custody of a state agency, official, or employee having
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an office in a building on capitol hill.
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Section 5. Effective date.
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If approved by two-thirds of all the members elected to each house, this act takes effect
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upon approval by the governor, or the day following the constitutional time limit of Utah
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Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
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date of veto override.
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