03-06 18:30 4th Sub. (Pumpkin) S.B. 143
Val L. Peterson proposes the following substitute bill:
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Legislative Activities Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor: Val L. Peterson
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LONG TITLE
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General Description:
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This bill amends provisions related to the Legislative Management Committee (LMC), the
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State Capitol Preservation Board, and the Legislature.
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Highlighted Provisions:
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This bill:
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▸ clarifies that LMC oversees workplace harassment and discrimination policy governance
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and updates references to that policy;
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▸ provides that LMC shall oversee and develop policies governing branch-wide internal
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administrative matters for the Legislature;
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▸ eliminates certain administrative duties of the presiding officer and the majority and
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minority leaders of each house and the chairman of LMC;
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▸ repeals the LMC Subcommittee on Oversight;
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▸ eliminates the Legislature's responsibility to print, store, and distribute the Utah Code
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Annotated;
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▸ repeals a provision governing legislators who attend meetings of the Legislature;
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▸ updates the definition of a legislative procurement unit to include the House, Senate, or a
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staff office of the Legislature;
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▸ repeals certain quinquennial reporting requirements applicable to legislative boards and
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the Office of Legislative Research and General Counsel;
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▸ for the State Capitol Preservation Board:
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● specifies certain rules that the board shall promulgate to govern, administer, and
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regulate capitol hill;
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● provides that the board's authority to promulgate a rule described above does not
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restrict LMC from adopting a similar policy on behalf of the Legislature;
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● provides that if there is a conflict between a board rule and an LMC policy the LMC
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policy prevails; and
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● directs the executive director of the board to notify and consult with the president of
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the Senate and the speaker of the House of Representatives when a person appeals an
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administrative denial of a requested activity in the legislative area;
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▸ provides that a bill summary prepared by a staff member of the Senate or the House of
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Representatives, or by a staff office for the Legislature, is not evidence of legislative
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intent;
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▸ modifies the control and use of office spaces on Capitol hill; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides a special effective date.
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Utah Code Sections Affected:
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AMENDS:
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36-11-501, as enacted by Laws of Utah 2019, Chapter 339
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36-12-7, as last amended by Laws of Utah 2024, Chapter 425
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36-13-1, as last amended by Laws of Utah 1987, Chapter 130
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63G-6a-103, as last amended by Laws of Utah 2024, Chapters 291, 408 and 438
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63O-1-201, as enacted by Laws of Utah 2024, Chapter 425
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63O-2-301, as renumbered and amended by Laws of Utah 2024, Chapter 425
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ENACTS:
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68-3-13.5, Utah Code Annotated 1953
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REPEALS:
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36-12-8.1, as last amended by Laws of Utah 2024, Chapter 425
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36-12-10, as last amended by Laws of Utah 2006, Chapter 14
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36-12-17, as last amended by Laws of Utah 1985, Chapter 47
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36-12-22, as last amended by Laws of Utah 2020, Chapter 154
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 36-11-501 is amended to read:
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36-11-501 . Unlawful harassment -- Investigation -- Penalties.
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(1) A lobbyist may not engage in conduct that violates:
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(a) federal workplace discrimination and harassment requirements;
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(b) [Utah Senate or Utah House] Legislative Management Committee policies governing
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workplace discrimination or harassment;
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(c) Utah executive branch policies governing workplace discrimination or harassment; or
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(d) any combination of [Subsections] Subsection (1)(a), (b), or (c).
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(2)(a) The lieutenant governor may take an action described in Subsection (3) against a
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lobbyist if the lieutenant governor finds, after giving the lobbyist notice and an
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opportunity to be heard, that the lobbyist engaged in a serious violation, or multiple
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violations, of this section.
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(b) The lieutenant governor shall post on the lieutenant governor's website a copy of the [
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Utah Senate's harassment policy, the Utah House's harassment policy,] Legislative
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Management Committee's workplace discrimination and harassment policy and the
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executive branch's harassment policies.
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(3) If the lieutenant governor makes a finding described in Subsection (2)(a), the lieutenant
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governor may, taking into account the seriousness of the violation or the seriousness or
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frequency of multiple violations, do either or both of the following:
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(a) impose an administrative fine against the lobbyist, not to exceed $2,000; or
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(b) suspend the lobbyist's license for a period of up to five years.
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(4) A record that relates to an investigation under this section is a protected record, to the
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extent permitted by Title 63G, Chapter 2, Government Records Access and Management
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Act.
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(5)(a) A lobbyist who is a victim of workplace discrimination or harassment by an
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executive worker may file a complaint under the state executive branch's applicable
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workplace discrimination and harassment policy.
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(b) A lobbyist who is a victim of workplace discrimination or harassment by a
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legislative worker may file a complaint under the [Utah Senate's workplace
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discrimination and harassment policy or the Utah House's] Legislative Management
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Committee's workplace discrimination and harassment policy.
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Section 2. Section 36-12-7 is amended to read:
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36-12-7 . Legislative Management Committee -- Duties -- Litigation.
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(1) The Senate or House Management Committee shall:
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(a) receive legislative resolutions directing studies on legislative matters and may assign
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these studies to the appropriate interim committee of its chamber;
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(b) assign to interim committees of the same chamber, matters of legislative study not
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specifically contained in a legislative resolution but considered significant to the
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welfare of the state;
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(c) receive requests from interim committees of its chamber for matters to be included
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on the study agenda of the requesting committee. Appropriate bases for denying a
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study include inadequate funding to properly complete the study or duplication of the
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work;
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(d) establish a budget account for interim committee day as designated by Legislative
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Management Committee and for all other legislative committees of its chamber and
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allocate to that account sufficient funds to adequately provide for the work of the
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committee; and
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(e) designate the time and place for periodic meetings of the interim committees.
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(2) To maximize the use of legislators' available time, the Senate and House Management
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Committees should attempt to schedule the committee meetings of their respective
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chambers during the same one or two-day period each month. This does not preclude an
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interim committee from meeting at any time it determines necessary to complete its
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business.
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(3)(a) The Legislative Management Committee shall:
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(i) appoint, after recommendation of the appropriate subcommittee of the Legislative
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Management Committee, without regard to political affiliation, and subject to
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approval of a majority vote of both chambers, individuals qualified for the
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positions of director of the Office of Legislative Research and General Counsel,
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legislative fiscal analyst, legislative general counsel, and legislative auditor
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general;
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(ii) [develop] oversee branch-wide internal administrative matters for the Legislature,
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including providing for the establishment of policies for:
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(A) personnel management, compensation, and training of all professional
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legislative staff; and
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(B) other legislative branch-wide administrative matters;
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(iii) develop a policy within the limits of legislative appropriation for the
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authorization and payment to legislators of compensation and travel expenses,
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including out-of-state travel;
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(iv) approve special study budget requests of the legislative directors; and
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(v) assist the speaker-elect of the House of Representatives and the president-elect of
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the Senate, upon selection by their majority party caucus, to organize their
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respective chambers of the Legislature and assume the direction of the operation
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of the Legislature in the forthcoming annual general session.
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(b)(i)(A) An appointment under Subsection (3)(a)(i) is for a six-year term, subject
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to renewal by a majority vote of the Legislative Management Committee.
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(B) Each renewal is for an additional six-year term and is not subject to approval
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by the Legislature.
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(ii) The Legislature by a majority vote of both chambers or the Legislative
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Management Committee by a two-thirds vote may remove an individual appointed
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under this Subsection (3) before the expiration of the individual's term for such
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causes as inefficiency, incompetency, failure to maintain skills or adequate
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performance levels, insubordination, misfeasance, malfeasance, or nonfeasance in
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office.
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(c) If a vacancy occurs in a position appointed under this Subsection (3), the Legislative
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Management Committee shall appoint an individual to fill the vacancy until the
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Legislature approves or rejects the individual's appointment by a majority vote of
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both chambers.
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(4)(a) The Legislature delegates to the Legislative Management Committee the
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authority, by means of a majority vote of the committee, to direct the legislative
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general counsel in matters involving the Legislature's participation in litigation.
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(b) The Legislature has an unconditional right to intervene in a state court action and
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may provide evidence or argument, written or oral, if a party to that court action
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challenges:
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(i) the constitutionality of a state statute;
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(ii) the validity of legislation; or
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(iii) any action of the Legislature.
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(c) In a federal court action that challenges the constitutionality of a state statute, the
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validity of legislation, or any action of the Legislature, the Legislature may seek to
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intervene, to file an amicus brief, or to present argument in accordance with federal
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rules of procedure.
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(d) Intervention by the Legislature pursuant to Subsection (4)(b) or (c) does not limit the
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duty of the attorney general to appear and prosecute legal actions or defend state
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agencies, officers or employees as otherwise provided by law.
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(e) In any action in which the Legislature intervenes or participates, legislative counsel
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and the attorney general shall function independently from each other in the
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representation of their respective clients.
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(f) The attorney general shall notify the legislative general counsel of a claim in
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accordance with Subsection 67-5-1(1)(y).
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Section 3. Section 36-13-1 is amended to read:
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36-13-1 . Distribution of legislative publications by Legislature.
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The Legislature is responsible for printing, storing, and distributing:
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(1) the legislative session laws;
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(2) the House and Senate Journals; and
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[(3) the Utah Code Annotated; and]
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[(4)] (3) [all ]other legislative reports and publications[ of Utah statutes].
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Section 4. Section 63G-6a-103 is amended to read:
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63G-6a-103 . Definitions.
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As used in this chapter:
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(1) "Approved vendor" means a person who has been approved for inclusion on an
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approved vendor list through the approved vendor list process.
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(2) "Approved vendor list" means a list of approved vendors established under Section
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63G-6a-507.
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(3) "Approved vendor list process" means the procurement process described in Section
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63G-6a-507.
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(4) "Bidder" means a person who submits a bid or price quote in response to an invitation
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for bids.
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(5) "Bidding process" means the procurement process described in Part 6, Bidding.
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(6) "Board" means the Utah State Procurement Policy Board, created in Section 63G-6a-202.
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(7) "Change directive" means a written order signed by the procurement officer that directs
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the contractor to suspend work or make changes, as authorized by contract, without the
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consent of the contractor.
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(8) "Change order" means a written alteration in specifications, delivery point, rate of
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delivery, period of performance, price, quantity, or other provisions of a contract, upon
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mutual agreement of the parties to the contract.
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(9) "Chief procurement officer" means the individual appointed under Section 63A-2-102.
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(10) "Conducting procurement unit" means a procurement unit that conducts all aspects of a
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procurement:
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(a) except:
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(i) reviewing a solicitation to verify that it is in proper form; and
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(ii) causing the publication of a notice of a solicitation; and
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(b) including:
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(i) preparing any solicitation document;
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(ii) appointing an evaluation committee;
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(iii) conducting the evaluation process, except the process relating to scores
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calculated for costs of proposals;
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(iv) selecting and recommending the person to be awarded a contract;
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(v) negotiating the terms and conditions of a contract, subject to the issuing
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procurement unit's approval; and
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(vi) contract administration.
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(11) "Conservation district" means the same as that term is defined in Section 17D-3-102.
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(12) "Construction project":
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(a) means a project for the construction, renovation, alteration, improvement, or repair of
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a public facility on real property, including all services, labor, supplies, and materials
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for the project; and
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(b) does not include services and supplies for the routine, day-to-day operation, repair,
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or maintenance of an existing public facility.
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(13) "Construction manager/general contractor":
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(a) means a contractor who enters into a contract:
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(i) for the management of a construction project; and
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(ii) that allows the contractor to subcontract for additional labor and materials that are
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not included in the contractor's cost proposal submitted at the time of the
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procurement of the contractor's services; and
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(b) does not include a contractor whose only subcontract work not included in the
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contractor's cost proposal submitted as part of the procurement of the contractor's
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services is to meet subcontracted portions of change orders approved within the
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scope of the project.
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(14) "Construction subcontractor":
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(a) means a person under contract with a contractor or another subcontractor to provide
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services or labor for the design or construction of a construction project;
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(b) includes a general contractor or specialty contractor licensed or exempt from
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licensing under Title 58, Chapter 55, Utah Construction Trades Licensing Act; and
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(c) does not include a supplier who provides only materials, equipment, or supplies to a
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contractor or subcontractor for a construction project.
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(15) "Contract" means an agreement for a procurement.
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(16) "Contract administration" means all functions, duties, and responsibilities associated
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with managing, overseeing, and carrying out a contract between a procurement unit and
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a contractor, including:
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(a) implementing the contract;
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(b) ensuring compliance with the contract terms and conditions by the conducting
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procurement unit and the contractor;
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(c) executing change orders;
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(d) processing contract amendments;
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(e) resolving, to the extent practicable, contract disputes;
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(f) curing contract errors and deficiencies;
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(g) terminating a contract;
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(h) measuring or evaluating completed work and contractor performance;
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(i) computing payments under the contract; and
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(j) closing out a contract.
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(17) "Contractor" means a person who is awarded a contract with a procurement unit.
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(18) "Cooperative procurement" means procurement conducted by, or on behalf of:
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(a) more than one procurement unit; or
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(b) a procurement unit and a cooperative purchasing organization.
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(19) "Cooperative purchasing organization" means an organization, association, or alliance
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of purchasers established to combine purchasing power in order to obtain the best value
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for the purchasers by engaging in procurements in accordance with Section 63G-6a-2105.
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(20) "Cost-plus-a-percentage-of-cost contract" means a contract under which the contractor
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is paid a percentage of the total actual expenses or costs in addition to the contractor's
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actual expenses or costs.
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(21) "Cost-reimbursement contract" means a contract under which a contractor is
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reimbursed for costs which are allowed and allocated in accordance with the contract
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terms and the provisions of this chapter, and a fee, if any.
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(22) "Days" means calendar days, unless expressly provided otherwise.
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(23) "Definite quantity contract" means a fixed price contract that provides for a specified
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amount of supplies over a specified period, with deliveries scheduled according to a
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specified schedule.
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(24) "Design professional" means:
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(a) an individual licensed as an architect under Title 58, Chapter 3a, Architects
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Licensing Act;
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(b) an individual licensed as a professional engineer or professional land surveyor under
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Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors
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Licensing Act;
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(c) an individual licensed under Title 58, Chapter 53, Landscape Architects Licensing
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Act, to engage in the practice of landscape architecture, as defined in Section
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58-53-102; or
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(d) an individual certified as a commercial interior designer under Title 58, Chapter 86,
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State Certification of Commercial Interior Designers Act.
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(25) "Design professional procurement process" means the procurement process described
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in Part 15, Design Professional Services.
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(26) "Design professional services" means:
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(a) professional services within the scope of the practice of architecture as defined in
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Section 58-3a-102;
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(b) professional engineering as defined in Section 58-22-102;
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(c) master planning and programming services;
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(d) professional services within the scope of the practice of landscape architecture, as
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defined in Section 58-53-102; or
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(e) services within the scope of the practice of commercial interior design, as defined in
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Section 58-86-102.
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(27) "Design-build" means the procurement of design professional services and
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construction by the use of a single contract.
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(28) "Division" means the Division of Purchasing and General Services, created in Section
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63A-2-101.
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(29) "Educational procurement unit" means:
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(a) a school district;
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(b) a public school, including a local school board or a charter school;
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(c) the Utah Schools for the Deaf and the Blind;
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(d) the Utah Education and Telehealth Network;
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(e) an institution of higher education of the state described in Section 53B-1-102; or
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(f) the State Board of Education.
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(30) "Established catalogue price" means the price included in a catalogue, price list,
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schedule, or other form that:
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(a) is regularly maintained by a manufacturer or contractor;
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(b) is published or otherwise available for inspection by customers; and
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(c) states prices at which sales are currently or were last made to a significant number of
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any category of buyers or buyers constituting the general buying public for the
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supplies or services involved.
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(31)(a) "Executive branch procurement unit" means a department, division, office,
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bureau, agency, or other organization within the state executive branch.
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(b) "Executive branch procurement unit" does not include the Colorado River Authority
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of Utah as provided in Section 63M-14-210.
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(32) "Facilities division" means the Division of Facilities Construction and Management,
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created in Section 63A-5b-301.
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(33) "Fixed price contract" means a contract that provides a price, for each procurement
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item obtained under the contract, that is not subject to adjustment except to the extent
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that:
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(a) the contract provides, under circumstances specified in the contract, for an
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adjustment in price that is not based on cost to the contractor; or
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(b) an adjustment is required by law.
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(34) "Fixed price contract with price adjustment" means a fixed price contract that provides
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for an upward or downward revision of price, precisely described in the contract, that:
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(a) is based on the consumer price index or another commercially acceptable index,
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source, or formula; and
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(b) is not based on a percentage of the cost to the contractor.
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(35) "Grant" means an expenditure of public funds or other assistance, or an agreement to
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expend public funds or other assistance, for a public purpose authorized by law, without
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acquiring a procurement item in exchange.
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(36) "Human services procurement item" means a procurement item used to provide
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services or support to a child, youth, adult, or family.
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(37) "Immaterial error":
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(a) means an irregularity or abnormality that is:
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(i) a matter of form that does not affect substance; or
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(ii) an inconsequential variation from a requirement of a solicitation that has no, little,
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or a trivial effect on the procurement process and that is not prejudicial to other
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vendors; and
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(b) includes:
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(i) a missing signature, missing acknowledgment of an addendum, or missing copy of
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a professional license, bond, or insurance certificate;
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(ii) a typographical error;
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(iii) an error resulting from an inaccuracy or omission in the solicitation; and
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(iv) any other error that the procurement official reasonably considers to be
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immaterial.
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(38) "Indefinite quantity contract" means a fixed price contract that:
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(a) is for an indefinite amount of procurement items to be supplied as ordered by a
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procurement unit; and
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(b)(i) does not require a minimum purchase amount; or
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(ii) provides a maximum purchase limit.
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(39) "Independent procurement unit" means:
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(a)(i) a legislative procurement unit;
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(ii) a judicial branch procurement unit;
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(iii) an educational procurement unit;
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(iv) a local government procurement unit;
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(v) a conservation district;
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(vi) a local building authority;
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(vii) a special district;
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(viii) a public corporation;
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(ix) a special service district; or
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(x) the Utah Communications Authority, established in Section 63H-7a-201;
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(b) the facilities division, but only to the extent of the procurement authority provided
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under Title 63A, Chapter 5b, Administration of State Facilities;
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(c) the attorney general, but only to the extent of the procurement authority provided
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under Title 67, Chapter 5, Attorney General;
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(d) the Department of Transportation, but only to the extent of the procurement authority
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provided under Title 72, Transportation Code;
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(e) the Department of Health and Human Services, but only for the procurement of a
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human services procurement item; or
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(f) any other executive branch department, division, office, or entity that has statutory
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procurement authority outside this chapter, but only to the extent of that statutory
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procurement authority.
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(40)(a) "Interlocal entity" means a separate political subdivision created under Title 11,
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Chapter 13, Interlocal Cooperation Act.
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(b) "Interlocal entity" does not include a project entity.
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(41) "Invitation for bids":
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(a) means a document used to solicit:
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(i) bids to provide a procurement item to a procurement unit; or
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(ii) quotes for a price of a procurement item to be provided to a procurement unit; and
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(b) includes all documents attached to or incorporated by reference in a document
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described in Subsection (41)(a).
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(42) "Issuing procurement unit" means a procurement unit that:
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(a) reviews a solicitation to verify that it is in proper form;
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(b) causes the notice of a solicitation to be published; and
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(c) negotiates and approves the terms and conditions of a contract.
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(43) "Judicial procurement unit" means:
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(a) the Utah Supreme Court;
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(b) the Utah Court of Appeals;
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(c) the Judicial Council;
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(d) a state judicial district; or
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(e) an office, committee, subcommittee, or other organization within the state judicial
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branch.
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(44) "Labor hour contract" is a contract under which:
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(a) the supplies and materials are not provided by, or through, the contractor; and
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(b) the contractor is paid a fixed rate that includes the cost of labor, overhead, and profit
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for a specified number of labor hours or days.
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(45) "Legislative procurement unit" means:
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(a) the Legislature;
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(b) the Senate;
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(c) the House of Representatives; or
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(d) a staff office of the Legislature[, the Senate, or the House of Representatives; or] .
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[(e) a committee, subcommittee, commission, or other organization:]
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[(i) within the state legislative branch; or]
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[(ii)(A) that is created by statute to advise or make recommendations to the
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Legislature;]
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[(B) the membership of which includes legislators; and]
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[(C) for which the Office of Legislative Research and General Counsel provides
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staff support.]
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(46) "Local building authority" means the same as that term is defined in Section 17D-2-102.
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(47) "Local government procurement unit" means:
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(a) a county, municipality, interlocal entity, or project entity, and each office of the
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county, municipality, interlocal entity, or project entity, unless:
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(i) the county or municipality adopts a procurement code by ordinance;
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(ii) the interlocal entity adopts procurement rules or policies as provided in
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Subsection 11-13-226(2); or
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(iii) the project entity adopts a procurement code through the process described in
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Section 11-13-316;
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(b)(i) a county or municipality that has adopted this entire chapter by ordinance, and
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each office or agency of that county or municipality; and
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(ii) a project entity that has adopted this entire chapter through the process described
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in Subsection 11-13-316; or
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(c) a county, municipality, or project entity, and each office of the county, municipality,
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or project entity that has adopted a portion of this chapter to the extent that:
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(i) a term in the ordinance is used in the adopted chapter; or
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(ii) a term in the ordinance is used in the language a project entity adopts in its
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procurement code through the process described in Section 11-13-316.
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(48) "Multiple award contracts" means the award of a contract for an indefinite quantity of
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a procurement item to more than one person.
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(49) "Multiyear contract" means a contract that extends beyond a one-year period,
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including a contract that permits renewal of the contract, without competition, beyond
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the first year of the contract.
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(50) "Municipality" means a city or town.
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(51) "Nonadopting local government procurement unit" means:
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(a) a county or municipality that has not adopted Part 16, Protests, Part 17, Procurement
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Appeals Board, Part 18, Appeals to Court and Court Proceedings, and Part 19,
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General Provisions Related to Protest or Appeal; and
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(b) each office or agency of a county or municipality described in Subsection (51)(a).
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(52) "Offeror" means a person who submits a proposal in response to a request for
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proposals.
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(53) "Preferred bidder" means a bidder that is entitled to receive a reciprocal preference
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under the requirements of this chapter.
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(54) "Procure" means to acquire a procurement item through a procurement.
436
(55) "Procurement" means the acquisition of a procurement item through an expenditure of
- 13 - 4th Sub. (Pumpkin) S.B. 143 03-06 18:30
437
public funds, or an agreement to expend public funds, including an acquisition through a
438
public-private partnership.
439
(56) "Procurement item" means an item of personal property, a technology, a service, or a
440
construction project.
441
(57) "Procurement official" means:
442
(a) for a procurement unit other than an independent procurement unit, the chief
443
procurement officer;
444
(b) for a legislative procurement unit, the individual, individuals, or body designated in a
445
policy adopted by the Legislative Management Committee;
446
(c) for a judicial procurement unit, the Judicial Council or an individual or body
447
designated by the Judicial Council by rule;
448
(d) for a local government procurement unit:
449
(i) the legislative body of the local government procurement unit; or
450
(ii) an individual or body designated by the local government procurement unit;
451
(e) for a special district, the board of trustees of the special district or the board of
452
trustees' designee;
453
(f) for a special service district, the governing body of the special service district or the
454
governing body's designee;
455
(g) for a local building authority, the board of directors of the local building authority or
456
the board of directors' designee;
457
(h) for a conservation district, the board of supervisors of the conservation district or the
458
board of supervisors' designee;
459
(i) for a public corporation, the board of directors of the public corporation or the board
460
of directors' designee;
461
(j) for a school district or any school or entity within a school district, the board of the
462
school district or the board's designee;
463
(k) for a charter school, the individual or body with executive authority over the charter
464
school or the designee of the individual or body;
465
(l) for an institution of higher education described in Section 53B-2-101, the president of
466
the institution of higher education or the president's designee;
467
(m) for the State Board of Education, the State Board of Education or the State Board of
468
Education's designee;
469
(n) for the Utah Board of Higher Education, the Commissioner of Higher Education or
470
the designee of the Commissioner of Higher Education;
- 14 - 03-06 18:30 4th Sub. (Pumpkin) S.B. 143
471
(o) for the Utah Communications Authority, established in Section 63H-7a-201, the
472
executive director of the Utah Communications Authority or the executive director's
473
designee; or
474
(p)(i) for the facilities division, and only to the extent of procurement activities of the
475
facilities division as an independent procurement unit under the procurement
476
authority provided under Title 63A, Chapter 5b, Administration of State Facilities,
477
the director of the facilities division or the director's designee;
478
(ii) for the attorney general, and only to the extent of procurement activities of the
479
attorney general as an independent procurement unit under the procurement
480
authority provided under Title 67, Chapter 5, Attorney General, the attorney
481
general or the attorney general's designee;
482
(iii) for the Department of Transportation created in Section 72-1-201, and only to
483
the extent of procurement activities of the Department of Transportation as an
484
independent procurement unit under the procurement authority provided under
485
Title 72, Transportation Code, the executive director of the Department of
486
Transportation or the executive director's designee;
487
(iv) for the Department of Health and Human Services, and only to the extent of the
488
procurement activities of the Department of Health and Human Services as an
489
independent procurement unit, the executive director of the Department of Health
490
and Human Services or the executive director's designee; or
491
(v) for any other executive branch department, division, office, or entity that has
492
statutory procurement authority outside this chapter, and only to the extent of the
493
procurement activities of the department, division, office, or entity as an
494
independent procurement unit under the procurement authority provided outside
495
this chapter for the department, division, office, or entity, the chief executive
496
officer of the department, division, office, or entity or the chief executive officer's
497
designee.
498
(58) "Procurement unit"means:
499
(a) a legislative procurement unit;
500
(b) an executive branch procurement unit;
501
(c) a judicial procurement unit;
502
(d) an educational procurement unit;
503
(e) the Utah Communications Authority, established in Section 63H-7a-201;
504
(f) a local government procurement unit;
- 15 - 4th Sub. (Pumpkin) S.B. 143 03-06 18:30
505
(g) a special district;
506
(h) a special service district;
507
(i) a local building authority;
508
(j) a conservation district; or
509
(k) a public corporation.
510
(59) "Professional service" means labor, effort, or work that requires specialized
511
knowledge, expertise, and discretion, including labor, effort, or work in the field of:
512
(a) accounting;
513
(b) administrative law judge service;
514
(c) architecture;
515
(d) construction design and management;
516
(e) engineering;
517
(f) financial services;
518
(g) information technology;
519
(h) the law;
520
(i) medicine;
521
(j) psychiatry; or
522
(k) underwriting.
523
(60) "Project entity" means the same as that term is defined in Section 11-13-103.
524
(61) "Protest officer" means:
525
(a) for the division or an independent procurement unit:
526
(i) the procurement official;
527
(ii) the procurement official's designee who is an employee of the procurement unit;
528
or
529
(iii) a person designated by rule made by the rulemaking authority; or
530
(b) for a procurement unit other than an independent procurement unit, the chief
531
procurement officer or the chief procurement officer's designee who is an employee
532
of the division .
533
(62) "Public corporation" means the same as that term is defined in Section 63E-1-102.
534
(63) "Public entity" means the state or any other government entity within the state that
535
expends public funds.
536
(64) "Public facility" means a building, structure, infrastructure, improvement, or other
537
facility of a public entity.
538
(65) "Public funds" means money, regardless of its source, including from the federal
- 16 - 03-06 18:30 4th Sub. (Pumpkin) S.B. 143
539
government, that is owned or held by a procurement unit.
540
(66) "Public transit district" means a public transit district organized under Title 17B,
541
Chapter 2a, Part 8, Public Transit District Act.
542
(67) "Public-private partnership" means an arrangement or agreement, occurring on or after
543
January 1, 2017, between a procurement unit and one or more contractors to provide for
544
a public need through the development or operation of a project in which the contractor
545
or contractors share with the procurement unit the responsibility or risk of developing,
546
owning, maintaining, financing, or operating the project.
547
(68) "Qualified vendor" means a vendor who:
548
(a) is responsible; and
549
(b) submits a responsive statement of qualifications under Section 63G-6a-410 that
550
meets the minimum mandatory requirements, evaluation criteria, and any applicable
551
score thresholds set forth in the request for statement of qualifications.
552
(69) "Real property" means land and any building, fixture, improvement, appurtenance,
553
structure, or other development that is permanently affixed to land.
554
(70) "Request for information" means a nonbinding process through which a procurement
555
unit requests information relating to a procurement item.
556
(71) "Request for proposals" means a document used to solicit proposals to provide a
557
procurement item to a procurement unit, including all other documents that are attached
558
to that document or incorporated in that document by reference.
559
(72) "Request for proposals process" means the procurement process described in Part 7,
560
Request for Proposals.
561
(73) "Request for statement of qualifications" means a document used to solicit information
562
about the qualifications of a person interested in responding to a potential procurement,
563
including all other documents attached to that document or incorporated in that
564
document by reference.
565
(74) "Requirements contract" means a contract:
566
(a) under which a contractor agrees to provide a procurement unit's entire requirements
567
for certain procurement items at prices specified in the contract during the contract
568
period; and
569
(b) that:
570
(i) does not require a minimum purchase amount; or
571
(ii) provides a maximum purchase limit.
572
(75) "Responsible" means being capable, in all respects, of:
- 17 - 4th Sub. (Pumpkin) S.B. 143 03-06 18:30
573
(a) meeting all the requirements of a solicitation; and
574
(b) fully performing all the requirements of the contract resulting from the solicitation,
575
including being financially solvent with sufficient financial resources to perform the
576
contract.
577
(76) "Responsive" means conforming in all material respects to the requirements of a
578
solicitation.
579
(77) "Rule" includes a policy or regulation adopted by the rulemaking authority, if adopting
580
a policy or regulation is the method the rulemaking authority uses to adopt provisions
581
that govern the applicable procurement unit.
582
(78) "Rulemaking authority" means:
583
(a) for a legislative procurement unit, the Legislative Management Committee;
584
(b) for a judicial procurement unit, the Judicial Council;
585
(c)(i) only to the extent of the procurement authority expressly granted to the
586
procurement unit by statute:
587
(A) for the facilities division, the facilities division;
588
(B) for the Office of the Attorney General, the attorney general;
589
(C) for the Department of Transportation created in Section 72-1-201, the
590
executive director of the Department of Transportation;
591
(D) for the Department of Health and Human Services, the executive director of
592
the Department of Health and Human Services; and
593
(E) for any other executive branch department, division, office, or entity that has
594
statutory procurement authority outside this chapter, the governing authority of
595
the department, division, office, or entity; and
596
(ii) for each other executive branch procurement unit, the board;
597
(d) for a local government procurement unit:
598
(i) the governing body of the local government unit; or
599
(ii) an individual or body designated by the local government procurement unit;
600
(e) for a school district or a public school, the board, except to the extent of a school
601
district's own nonadministrative rules that do not conflict with the provisions of this
602
chapter;
603
(f) for a state institution of higher education, the Utah Board of Higher Education;
604
(g) for the State Board of Education or the Utah Schools for the Deaf and the Blind, the
605
State Board of Education;
606
(h) for a public transit district, the chief executive of the public transit district;
- 18 - 03-06 18:30 4th Sub. (Pumpkin) S.B. 143
607
(i) for a special district other than a public transit district or for a special service district,
608
the board, except to the extent that the board of trustees of the special district or the
609
governing body of the special service district makes its own rules:
610
(i) with respect to a subject addressed by board rules; or
611
(ii) that are in addition to board rules;
612
(j) for the Utah Educational Savings Plan, created in Section 53B-8a-103, the Utah
613
Board of Higher Education;
614
(k) for the School and Institutional Trust Lands Administration, created in Section
615
53C-1-201, the School and Institutional Trust Lands Board of Trustees;
616
(l) for the School and Institutional Trust Fund Office, created in Section 53D-1-201, the
617
School and Institutional Trust Fund Board of Trustees;
618
(m) for the Utah Communications Authority, established in Section 63H-7a-201, the
619
Utah Communications Authority board, created in Section 63H-7a-203; or
620
(n) for any other procurement unit, the board.
621
(79) "Service":
622
(a) means labor, effort, or work to produce a result that is beneficial to a procurement
623
unit;
624
(b) includes a professional service; and
625
(c) does not include labor, effort, or work provided under an employment agreement or a
626
collective bargaining agreement.
627
(80) "Small purchase process" means the procurement process described in Section
628
63G-6a-506.
629
(81) "Sole source contract" means a contract resulting from a sole source procurement.
630
(82) "Sole source procurement" means a procurement without competition pursuant to a
631
determination under Subsection 63G-6a-802(1)(a) that there is only one source for the
632
procurement item.
633
(83) "Solicitation" means an invitation for bids, request for proposals, or request for
634
statement of qualifications.
635
(84) "Solicitation response" means:
636
(a) a bid submitted in response to an invitation for bids;
637
(b) a proposal submitted in response to a request for proposals; or
638
(c) a statement of qualifications submitted in response to a request for statement of
639
qualifications.
640
(85) "Special district" means the same as that term is defined in Section 17B-1-102.
- 19 - 4th Sub. (Pumpkin) S.B. 143 03-06 18:30
641
(86) "Special service district" means the same as that term is defined in Section 17D-1-102.
642
(87) "Specification" means any description of the physical or functional characteristics or of
643
the nature of a procurement item included in an invitation for bids or a request for
644
proposals, or otherwise specified or agreed to by a procurement unit, including a
645
description of:
646
(a) a requirement for inspecting or testing a procurement item; or
647
(b) preparing a procurement item for delivery.
648
(88) "Standard procurement process" means:
649
(a) the bidding process;
650
(b) the request for proposals process;
651
(c) the approved vendor list process;
652
(d) the small purchase process; or
653
(e) the design professional procurement process.
654
(89) "State cooperative contract" means a contract awarded by the division for and in behalf
655
of all public entities.
656
(90) "Statement of qualifications" means a written statement submitted to a procurement
657
unit in response to a request for statement of qualifications.
658
(91) "Subcontractor":
659
(a) means a person under contract to perform part of a contractual obligation under the
660
control of the contractor, whether the person's contract is with the contractor directly
661
or with another person who is under contract to perform part of a contractual
662
obligation under the control of the contractor; and
663
(b) includes a supplier, distributor, or other vendor that furnishes supplies or services to
664
a contractor.
665
(92) "Technology" means the same as "information technology," as defined in Section
666
63A-16-102.
667
(93) "Tie bid" means that the lowest responsive bids of responsible bidders are identical in
668
price.
669
(94) "Time and materials contract" means a contract under which the contractor is paid:
670
(a) the actual cost of direct labor at specified hourly rates;
671
(b) the actual cost of materials and equipment usage; and
672
(c) an additional amount, expressly described in the contract, to cover overhead and
673
profit, that is not based on a percentage of the cost to the contractor.
674
(95) "Transitional costs":
- 20 - 03-06 18:30 4th Sub. (Pumpkin) S.B. 143
675
(a) means the costs of changing:
676
(i) from an existing provider of a procurement item to another provider of that
677
procurement item; or
678
(ii) from an existing type of procurement item to another type;
679
(b) includes:
680
(i) training costs;
681
(ii) conversion costs;
682
(iii) compatibility costs;
683
(iv) costs associated with system downtime;
684
(v) disruption of service costs;
685
(vi) staff time necessary to implement the change;
686
(vii) installation costs; and
687
(viii) ancillary software, hardware, equipment, or construction costs; and
688
(c) does not include:
689
(i) the costs of preparing for or engaging in a procurement process; or
690
(ii) contract negotiation or drafting costs.
691
(96) "Vendor":
692
(a) means a person who is seeking to enter into a contract with a procurement unit to
693
provide a procurement item; and
694
(b) includes:
695
(i) a bidder;
696
(ii) an offeror;
697
(iii) an approved vendor;
698
(iv) a design professional; and
699
(v) a person who submits an unsolicited proposal under Section 63G-6a-712.
700
Section 5. Section 63O-1-201 is amended to read:
701
63O-1-201 . Capitol building -- Direction and control.
702
(1) In the basement of the State Capitol:
703
(a) except as provided in Subsections (1)(b) and (c), the entire basement is under the
704
direction and control of the board, which shall allocate space, as needed, for security
705
offices, the Supreme Court, and others;
706
(b) the following areas are under the direction and control of the Legislature:
707
(i) the Legislative Printing office and Bill Room;
708
(ii) the Sergeant Lounge; and
- 21 - 4th Sub. (Pumpkin) S.B. 143 03-06 18:30
709
(iii) the press room; and
710
(c) the following areas in the southwest corner are under the direction and control of the
711
governor:
712
(i) the governor's parking area;
713
(ii) the operations center;
714
(iii) the executive suite; and
715
(iv) the executive detail area.
716
(2) On the first floor of the State Capitol:
717
(a) the following are under the direction and control of the governor:
718
(i) the office suites located on the northwest and southwest sides; and
719
(ii) the dignitary holding area and elevator, which the Legislature may schedule
720
through the Utah Highway Patrol Dignitary Protection Bureau;
721
(b) suite 180, in the southeast corner, is under the direction and control of the board and
722
assigned for the use of the state treasurer; and
723
(c) the following are under the direction and control of the board:
724
(i) the board offices, located in suite 120, immediately to the east of the State
725
Capitol's north entrance;
726
(ii) the Visitor Services Office, located in suite 130, immediately to the west of the
727
State Capitol's north entrance;
728
(iii) the vending room to the south of the Visitor Services Office;
729
(iv) all vestibules, and the room on the east of the south vestibule;
730
(v) the public area beneath the rotunda and the adjacent public areas;
731
(vi) all conference rooms and storage rooms accessed from the areas described in
732
Subsection (2)(c)(v);
733
(vii) suite 110, to the south of the board offices;
734
(viii) the Visitors Center; and
735
(ix) the Presentation Room.
736
(3) On the second floor of the State Capitol:
737
(a) suite 250, in the northeast corner, is under the direction and control of the Legislature;
738
(b) suite 220, to the west of suite 230, is under the direction and control of the governor,
739
until a substantially similar space in the Senate Building is assigned to the executive
740
branch under Section 63O-1-203, after which suite 220, to the west of suite 230, is
741
under the direction and control of the Legislature;
742
[(b)] (c) before January 1, 2025, suite 260, to the west of suite 250, is under the direction
- 22 - 03-06 18:30 4th Sub. (Pumpkin) S.B. 143
743
and control of the board and assigned for the use of the state auditor;
744
[(c)] (d) beginning on January 1, 2025, suite 260, to the west of suite 250, is under the
745
direction and control of the board and assigned for the use of the state auditor, until a
746
substantially similar space [in the State Capitol] on Capitol hill is assigned to the state
747
auditor, after which suite 260, to the west of suite 250, is under the direction and
748
control of the Legislature;
749
[(d)] (e) suite 230, in the southeast corner, is under the direction and control of the board
750
and assigned for the use of the attorney general[;] , who shall share the reception
751
space in suite 230 with the state auditor;
752
[(e)] (f) the following are under the direction and control of the governor:
753
(i) suite 200, at the west end of the floor; and
754
[(ii) suite 220, to the west of suite 230; and]
755
[(iii)] (ii) suite 270, in the central north area;
756
[(f)] (g) the Gold Room, including the adjacent pantry:
757
(i) is under the direction and control of the governor and the Legislature; and
758
(ii) is scheduled through the governor, with the governor having scheduling priority;
759
[(g)] (h) the Capitol Board Room:
760
(i) is under the direction and control of the governor and the Legislature; and
761
(ii) is scheduled through the board, as follows:
762
(A) on a day other than a legislative day:
763
(I) the governor and lieutenant governor have first scheduling priority,
764
regardless of whether the Legislature or any other party has already
765
scheduled the room; and
766
(II) the Legislature has second scheduling priority, regardless of whether a
767
party, other than the governor or lieutenant governor, has already scheduled
768
the room;
769
(B) on a legislative day:
770
(I) the Legislature has first scheduling priority, regardless of whether the
771
governor, the lieutenant governor, or any other party has already scheduled
772
the room; and
773
(II) the governor and lieutenant governor have second scheduling priority,
774
regardless of whether a party, other than the Legislature, has already
775
scheduled the room;
776
(C) if the reservation of a person who schedules the room is canceled under
- 23 - 4th Sub. (Pumpkin) S.B. 143 03-06 18:30
777
Subsection [(3)(g)(ii)(A)] (3)(h)(ii)(A) or (B), the board shall give the person as
778
much notice as possible to schedule another site;
779
(D) subject to Subsection [(3)(g)(ii)(A)] (3)(h)(ii)(A) or (B), other executive
780
branch or judicial branch entities may schedule the room on a first come,
781
first-served, basis; and
782
(E) subject to Subsection [(3)(g)(ii)(A)] (3)(h)(ii)(A) or (B), and the board's rules
783
for use of capitol hill facilities, other persons may schedule the room on a first
784
come, first-served, basis; and
785
[(h)] (i) the following areas are under the direction and control of the board:
786
(i) the grand staircases;
787
(ii) the rotunda;
788
(iii) the kitchen adjacent to the Gold Room; and
789
(iv) the open areas that are:
790
(A) east of the rotunda to the doors of the Capitol Board Room;
791
(B) west of the rotunda to the entrance to the governor's office;
792
(C) south of the rotunda to the south entrance to the State Capitol; and
793
(D) north of the rotunda to the north wall.
794
(4)(a) On the third floor of the State Capitol, the entire floor is under the direction and
795
control of the Legislature, except the areas described in Subsections (6)(a) and (b).
796
(b) The Supreme Court Chambers will be scheduled by:
797
(i) the Legislature on a legislative day; and
798
(ii) the Senate on a day other than a legislative day.
799
(5) On the fourth floor of the State Capitol, the entire floor is under the direction and
800
control of the Legislature, except that the following areas are under the direction and
801
control of the board:
802
(a) the areas described in Subsections (6)(a) and (b);
803
(b) the four art galleries outside of the storage rooms described in Subsection (6)(b); and
804
(c) the storage room to the north of the northeast art gallery.
805
(6) In addition to the areas specified under Subsections (1) through (5) as being under the
806
direction and control of the board, the following areas in the State Capitol are under the
807
direction and control of the board:
808
(a) the staircases, elevators, public restrooms, and the access areas adjacent to them;
809
(b) the interior of the pillars that begin in the open area on the first floor and rise to the
810
fourth floor, including the storage closets;
- 24 - 03-06 18:30 4th Sub. (Pumpkin) S.B. 143
811
(c) all areas of the State Capitol above the fourth floor, including the dome and roof; and
812
(d) the other areas of the State Capitol not specified under this section as being under the
813
direction or control of the governor or the Legislature.
814
(7)(a) Before October 1, 2024, the governor, the state auditor, the attorney general, the
815
state treasurer, the president of the Senate, and the speaker of the House of
816
Representatives shall assess the use of space in the State Capitol to determine the best
817
use of the space, including the space currently used by:
818
(i) the governor;
819
(ii) the lieutenant governor;
820
(iii) the Elections Office;
821
(iv) the Senate;
822
(v) the House of Representatives;
823
(vi) the attorney general;
824
(vii) the state auditor; and
825
(viii) the state treasurer.
826
(b) In making the assessment described in Subsection (7)(a), priority for space in the
827
capitol is given to the Legislature, the governor, the lieutenant governor, the attorney
828
general, the state auditor, and the state treasurer.
829
Section 6. Section 63O-2-301 is amended to read:
830
63O-2-301 . Board powers -- Subcommittees.
831
(1) The board shall:
832
(a) except as otherwise provided in Chapter 1, Control and Maintenance of Capitol Hill,
833
exercise complete jurisdiction and stewardship over capitol hill facilities, capitol hill
834
grounds, and the capitol hill complex;
835
(b) preserve, maintain, and restore the capitol hill complex, capitol hill facilities, capitol
836
hill grounds, and their contents;
837
(c) before October 1 of each year, review and approve the executive director's annual
838
budget request for submittal to the governor and Legislature;
839
(d) on or before October 1 of each year, prepare and submit a recommended budget
840
request for the upcoming fiscal year for the capitol hill complex to:
841
(i) the governor, through the Governor's Office of Planning and Budget; and
842
(ii) the Legislature's appropriations subcommittee responsible for capitol hill
843
facilities, through the Office of the Legislative Fiscal Analyst;
844
(e) review and approve the executive director's:
- 25 - 4th Sub. (Pumpkin) S.B. 143 03-06 18:30
845
(i) annual work plan;
846
(ii) long-range master plan for the capitol hill complex, capitol hill facilities, and
847
capitol hill grounds; and
848
(iii) furnishings plan for placement and care of objects under the care of the board;
849
(f) approve all changes to the buildings and their grounds, including:
850
(i) restoration, remodeling, and rehabilitation projects;
851
(ii) usual maintenance program; and
852
(iii) any transfers or loans of objects under the board's care;
853
(g) define and identify all significant aspects of capitol hill, after consultation with the:
854
(i) Division of Facilities Construction and Management;
855
(ii) State Library Division;
856
(iii) Division of Archives and Records Service;
857
(iv) Utah Historical Society;
858
(v) Office of Museum Services; and
859
(vi) Arts Council;
860
(h) inventory, define, and identify all significant contents of the buildings and all
861
state-owned items of historical significance that were at one time in the buildings,
862
after consultation with the:
863
(i) Division of Facilities Construction and Management;
864
(ii) State Library Division;
865
(iii) Division of Archives and Records Service;
866
(iv) Utah Historical Society;
867
(v) Office of Museum Services; and
868
(vi) Arts Council;
869
(i) maintain archives relating to the construction and development of the buildings, the
870
contents of the buildings and the grounds, including plans, specifications,
871
photographs, purchase orders, and other related documents, the original copies of
872
which shall be maintained by the Division of Archives and Records Service;
873
(j) comply with federal and state laws related to program and facility accessibility; and
874
(k) establish procedures for receiving, hearing, and deciding complaints or other issues
875
raised about capitol hill and the use of capitol hill.
876
(2)(a) The board shall make rules to govern, administer, and regulate capitol hill, in
877
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act[.] ,
878
including rules:
- 26 - 03-06 18:30 4th Sub. (Pumpkin) S.B. 143
879
(i) establishing reasonable time, place, and manner regulations relating to free speech
880
activities on capitol hill; and
881
(ii) imposing limitations on commercial solicitation activities on capitol hill.
882
(b) A violation of a rule relating to the use of capitol hill adopted by the board under the
883
authority of this Subsection (2) is an infraction.
884
(c) If an act violating a rule under Subsection (2)(b) also amounts to an offense subject
885
to a greater penalty under this title, Title 32B, Alcoholic Beverage Control Act, Title
886
41, Motor Vehicles, Title 76, Utah Criminal Code, or other provision of state law,
887
Subsection [(3)(b)] (2)(b) does not prohibit prosecution and sentencing for the more
888
serious offense.
889
(d) In addition to any punishment allowed under Subsections (2)(b) and (c), a person
890
who violates a rule adopted by the board under the authority of this Subsection (2) is
891
subject to a civil penalty not to exceed $2,500 for each violation, plus the amount of
892
any actual damages, expenses, and costs related to the violation of the rule that are
893
incurred by the state.
894
(e) The board may take any other legal action allowed by law.
895
(f)(i) The board may not apply this section or rules adopted under the authority of this
896
section in a manner that violates a person's rights under the Utah Constitution or
897
the First Amendment to the United States Constitution, including the right of
898
persons to peaceably assemble.
899
(ii) Upon receiving an appeal of the denial of a requested activity in the legislative
900
area under Utah Administrative Code, Rule R131-11-6, Expedited Appeals - Free
901
Speech Activities, the executive director of the board shall immediately:
902
(A) notify the president of the Senate and the speaker of the House of
903
Representatives of the appeal; and
904
(B) consult with the president of the Senate and the speaker of the House of
905
Representatives concerning the proper disposition of the appeal.
906
(g) The board shall send proposed rules under this section to the legislative general
907
counsel and the governor's general counsel for review and comment before the board
908
adopts the rules.
909
(h)(i) Nothing in Subsection (2)(a) restricts the Legislative Management Committee
910
from adopting policies on behalf of the Legislature to govern, administer, or
911
regulate the legislative area.
912
(ii) If there is a conflict between a rule adopted by the board under Subsection (2)(a)
- 27 - 4th Sub. (Pumpkin) S.B. 143 03-06 18:30
913
and a policy adopted by the Legislative Management Committee governing the
914
legislative area, the policy adopted by the Legislative Management Committee
915
prevails.
916
(3) The board is exempt from the requirements of Title 63G, Chapter 6a, Utah Procurement
917
Code, but shall adopt procurement rules substantially similar to the requirements of that
918
chapter.
919
(4) The board shall name:
920
(a) the House Building the "Rebecca D. Lockhart House Building"; and
921
(b) committee room 210 in the Senate Building the "Allyson W. Gamble Committee
922
Room."
923
(5)(a) The board may:
924
(i) establish subcommittees made up of board members and members of the public to
925
assist and support the executive director in accomplishing the executive director's
926
duties;
927
(ii) establish fees for the use of capitol hill facilities and grounds;
928
(iii) assign and allocate specific duties and responsibilities to any other state agency,
929
if the other agency agrees to perform the duty or accept the responsibility;
930
(iv) contract with another state agency to provide services;
931
(v) delegate by specific motion of the board any authority granted to the board under
932
this section to the executive director;
933
(vi) in conjunction with Salt Lake City, expend money to improve or maintain public
934
property contiguous to East Capitol Boulevard and capitol hill;
935
(vii) provide wireless Internet service to the public without a fee in any capitol hill
936
facility; and
937
(viii) when necessary, consult with the:
938
(A) Division of Facilities Construction and Management;
939
(B) State Library Division;
940
(C) Division of Archives and Records Service;
941
(D) Utah Historical Society;
942
(E) Office of Museum Services; and
943
(F) Arts Council.
944
(b) The board's provision of wireless Internet service under Subsection (5)(a)(vii) shall
945
be discontinued in the legislative area if the president of the Senate and the speaker of
946
the House of Representatives each submit a signed letter to the board indicating that
- 28 - 03-06 18:30 4th Sub. (Pumpkin) S.B. 143
947
the service is disruptive to the legislative process and is to be discontinued.
948
(c) If a budget subcommittee is established by the board, the following shall serve as ex
949
officio, nonvoting members of the budget subcommittee:
950
(i) the legislative fiscal analyst, or the analyst's designee, who shall be from the
951
Office of the Legislative Fiscal Analyst; and
952
(ii) the executive director of the Governor's Office of Planning and Budget, or the
953
executive director's designee, who shall be from the Governor's Office of Planning
954
and Budget.
955
(d) If a preservation and maintenance subcommittee is established by the board, the
956
board may, by majority vote, appoint one or each of the following to serve on the
957
subcommittee as voting members of the subcommittee:
958
(i) an architect, who shall be selected from a list of three architects submitted by the
959
American Institute of Architects; or
960
(ii) an engineer, who shall be selected from a list of three engineers submitted by the
961
American Civil Engineers Council.
962
(e) If the board establishes any subcommittees, the board may, by majority vote, appoint
963
up to two people who are not members of the board to serve, at the will of the board,
964
as nonvoting members of a subcommittee.
965
(f) Members of each subcommittee shall, at the first meeting of each calendar year,
966
select one individual to act as chair of the subcommittee for a one-year term.
967
(6)(a) The board, and the employees of the board, may not move the office of the
968
governor, lieutenant governor, president of the Senate, speaker of the House of
969
Representatives, or a member of the Legislature from the State Capitol unless the
970
removal is approved by:
971
(i) the governor, in the case of the governor's office;
972
(ii) the lieutenant governor, in the case of the lieutenant governor's office;
973
(iii) the president of the Senate, in the case of the president's office or the office of a
974
member of the Senate; or
975
(iv) the speaker of the House of Representatives, in the case of the speaker's office or
976
the office of a member of the House.
977
(b) The board and the employees of the board have no control over the furniture,
978
furnishings, and decorative objects in the offices of the governor, lieutenant
979
governor, or the members of the Legislature except as necessary to inventory or
980
conserve items of historical significance owned by the state.
- 29 - 4th Sub. (Pumpkin) S.B. 143 03-06 18:30
981
(c) The board and the employees of the board have no control over records and
982
documents produced by or in the custody of a state agency, official, or employee
983
having an office in a building on capitol hill.
984
(d) Except for items identified by the board as having historical significance, and except
985
as provided in Subsection (6)(b), the board and the employees of the board have no
986
control over moveable furnishings and equipment in the custody of a state agency,
987
official, or employee having an office in a building on capitol hill.
988
Section 7. Section 68-3-13.5 is enacted to read:
989
68-3-13.5 . Summaries of legislation.
990
(1) As used in this section, "legislation" means the same as that term is defined in
991
legislative rule.
992
(2) A written summary associated with legislation that is prepared by a staff member of the
993
Senate or the House of Representatives, or by a staff office for the Legislature:
994
(a) is not part of the legislation considered, agreed to, or enacted by the Legislature; and
995
(b) is not evidence of legislative intent.
996
Section 8. Repealer.
997
This bill repeals:
998
Section 36-12-8.1, Legislative Management Committee -- Subcommittee on Oversight --
999
Members -- Duties -- Meetings.
1000
Section 36-12-10, Right of members to attend meetings -- Voting -- Subject to open and
1001
public meeting requirements.
1002
Section 36-12-17, Duties of presiding officer and majority and minority leaders of each
1003
house and chairman of Legislative Management Committee.
1004
Section 36-12-22, Reports from legislative boards -- Annual reports -- Preparation of
1005
legislation.
1006
Section 9. Effective Date.
1007
This bill takes effect:
1008
(1) except as provided in Subsection (2), May 7, 2025; or
1009
(2) if approved by two-thirds of all members elected to each house:
1010
(a) upon approval by the governor;
1011
(b) without the governor's signature, the day following the constitutional time limit of
1012
Utah Constitution, Article VII, Section 8; or
1013
(c) in the case of a veto, the date of veto override.
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