S.B. 33

1

DEPARTMENT OF COMMUNITY AND CULTURE
2 - STATE-OWNED ART INVENTORY
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Mark B. Madsen
6 House Sponsor: James A. Dunnigan
7 Cosponsors:
8 Allen M. ChristensenDan R. Eastman
Fred J. FifePatricia W. Jones 9
10 LONG TITLE
11 Committee Note:
12 The Workforce Services and Community and Economic Development Interim
13 Committee recommended this bill.
14 General Description:
15 This bill modifies provisions of the State-Owned Art Collections Inventory Study
16 Program Act by requiring comprehensive and consistent inventories of state-owned art.
17 Highlighted Provisions:
18 This bill:
19 . changes the name of the State-Owned Art Collections Inventory Study Act to the
20 State-Owned Art Inventory Program Act;
21 . defines "entity" for purposes of the act;
22 . requires an entity in possession of state-owned art to:
23 . create a comprehensive and consistent inventory of that art; and
24 . certify the inventory with the Division of Arts and Museums;
25 . requires the Division of Arts and Museums to provide an annual report to the
26 Workforce Services and Community and Economic Development Interim
27 Committee on inventoried state-owned art; and

28 . provides for educational outreach and technical training by the Division of Arts and
29 Museums to entities in possession of state-owned art to assist in the creation of a
30 required art inventory and compliance with certification requirements.
31 Monies Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 None
35 Utah Code Sections Affected:
36 AMENDS:
37 9-6-701, as enacted by Laws of Utah 2006, Chapter 229
38 9-6-702, as enacted by Laws of Utah 2006, Chapter 229
39 9-6-703, as enacted by Laws of Utah 2006, Chapter 229
40 9-6-704, as enacted by Laws of Utah 2006, Chapter 229
41 ENACTS:
42 9-6-705, Utah Code Annotated 1953
43 9-6-706, Utah Code Annotated 1953
44 9-6-707, Utah Code Annotated 1953
45
46 Be it enacted by the Legislature of the state of Utah:
47 Section 1. Section 9-6-701 is amended to read:
48 Part 7. State-Owned Art Inventory Program Act
49 9-6-701. Title.
50 This part is known as the "State-Owned Art [Collections] Inventory [Study] Program
51 Act."
52 Section 2. Section 9-6-702 is amended to read:
53 9-6-702. Definitions.
54 As used in this part:
55 (1) "Committee" means the State-Owned Art [Collections] Inventory Committee
56 established under Section 9-6-704 .
57 (2) "Entity" means an individual, institution, agency, or organization, including a
58 public education and higher education institution, which possesses state-owned art.

59 [(2)] (3) "Program" means the State-Owned Art [Collections] Inventory [Study]
60 Program established under Section 9-6-703 .
61 [(3)] (4) (a) "State" means the state of Utah, its executive, legislative, and judicial
62 branches, its departments, divisions, agencies, boards, commissions, councils, committees, and
63 institutions including state institutions of higher education as defined under Section 53B-3-102
64 and public education institutions.
65 (b) "State" does not include[: (i)] the political subdivisions of the state[; or].
66 [(ii) school districts.]
67 [(4)] (5) "Work of art" means visual art of any medium.
68 Section 3. Section 9-6-703 is amended to read:
69 9-6-703. State-Owned Art Inventory Program -- Division duties -- Funding for
70 the program.
71 (1) There is established the State-Owned Art [Collections] Inventory [Study] Program
72 to [study]:
73 (a) [providing] provide a comprehensive electronic inventory of all state-owned or held
74 works of art, including each work of art's title, artist, medium, location, history, [owner,]
75 description, possessor, condition, and one or more electronic images of each work of art; and
76 [(b) providing a publicly accessible and searchable Internet site of the electronic image
77 of each work of art and other selected information in the inventory; and]
78 [(c) providing] (b) provide for the maintenance and tracking of the inventory,
79 including the perpetual updating and improving of the inventory and its public accessibility.
80 (2) The division shall [study,] design[,] and plan a state-owned art inventory program
81 [in accordance with this part], to include scope and certification schedule components, with the
82 advice and assistance of the committee.
83 (3) The division shall [study contracting] contract with public and private entities as
84 needed to implement the provisions of the program on a cost effective basis.
85 (4) The [study] program shall be funded from monies[: (a)] appropriated by the
86 Legislature[;].
87 [(b) private donations to the program; and]
88 [(c) other sources that may be made available to the program.]
89 [(5) The division, with the advice and assistance of the committee, shall establish a

90 plan including the inventory scope, phases, and a budget for the implementation.]
91 Section 4. Section 9-6-704 is amended to read:
92 9-6-704. State-Owned Art Inventory Committee -- Membership -- Chair --
93 Expenses -- Duties.
94 (1) There is created within the division the State-Owned Art [Collections] Inventory
95 Committee.
96 (2) The committee consists of seven members who shall be experts in one or more
97 aspect of the program as follows:
98 (a) the director of the Utah Museum of Fine Arts, or a designee;
99 (b) the director of the Utah Arts Council, or a designee;
100 (c) the director of the Division of Risk Management, or a designee;
101 (d) the director of the Utah Academic Library Consortium, or a designee;
102 (e) the director of the Utah State Archives and Records Service, or a designee;
103 (f) the director of the Division of Facilities Construction and Management; and
104 (g) a member of the public with expertise in the area of web site or database design and
105 administration appointed by the other members of the committee to serve at the pleasure of the
106 committee.
107 (3) (a) The committee shall annually elect a chairperson from its membership.
108 (b) (i) The committee shall hold meetings as needed to carry out its duties.
109 (ii) A meeting may be held [on] at the call of the chair or a majority of the committee
110 members.
111 (c) (i) Four committee members are necessary to constitute a quorum at [any] a
112 meeting [and, if].
113 (ii) If a quorum exists, the action of a majority of members present [shall be]
114 constitutes the action of the committee.
115 (4) (a) Committee members who are not government employees may not receive
116 compensation or benefits for their services, but may receive per diem and expenses incurred in
117 the performance of their official duties at rates established by the Division of Finance under
118 Sections 63A-3-106 and 63A-3-107 .
119 (b) A committee member may decline to receive per diem and expenses for service to
120 the committee.

121 (5) The division shall provide staff support to the committee.
122 (6) The funding of the committee shall be a separate line item to the division in the
123 annual appropriations act.
124 (7) The committee shall:
125 (a) advise the division on the design and implementation of the inventory [study]
126 program;
127 (b) monitor, advise, and make recommendations to the division to promote and ensure
128 the efficient and effective plan for the inventory [study] program; [and]
129 [(c) study promoting]
130 (c) promote:
131 (i) collaborative efforts to develop public awareness[, public school curriculum, and
132 teacher training materials on the provisions of the program.]; and
133 (ii) accountability; and
134 (d) establish standards for certification of inventories of state-owned art possessed by
135 state entities.
136 Section 5. Section 9-6-705 is enacted to read:
137 9-6-705. State-owned art inventories.
138 An entity having possession of state-owned art shall:
139 (1) create a comprehensive inventory of that art based on standards established by the
140 committee; and
141 (2) appoint a staff member or position within the entity's organization to:
142 (a) maintain its state-owned art inventory; and
143 (b) submit records related to the state-owned art in its possession to the Division of
144 Arts and Museums.
145 Section 6. Section 9-6-706 is enacted to read:
146 9-6-706. Certification of state-owned art inventories.
147 (1) The Division of Arts and Museums shall certify an inventory created by an entity
148 under Subsection 9-6-705 (1) as meeting the standards established by the committee.
149 (2) (a) An entity having possession of state-owned art shall submit an initial inventory
150 for certification by the Division of Arts and Museums by June 1, 2008.
151 (b) The entity shall submit subsequent inventories every three years in accordance with

152 a staggered schedule determined by the Division of Arts and Museums in consultation with the
153 committee.
154 (3) (a) The director of the Division of Arts and Museums shall provide an annual
155 state-owned art report to the Workforce Services and Community and Economic Development
156 Interim Committee by October 1.
157 (b) The report shall include:
158 (i) an inventory of state-owned art; and
159 (ii) a list of each entity having possession of state-owned art that is not in compliance
160 with the certification requirements established under this part.
161 Section 7. Section 9-6-707 is enacted to read:
162 9-6-707. Technical assistance and outreach.
163 The Division of Arts and Museums shall provide educational outreach and technical
164 assistance to an entity in possession of state-owned art for the purpose of:
165 (1) creating the entity's state-owned art inventory; and
166 (2) meeting the certification requirements established under this part.




Legislative Review Note
as of 11-15-07 8:30 AM

Office of Legislative Research and General Counsel