This document includes House Committee Amendments incorporated into the bill on Thu, Feb 14, 2019 at 8:35 AM by pflowers.
1     
DEPARTMENT OF HERITAGE AND ARTS AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike Winder

5     
Senate Sponsor: Derek L. Kitchen

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the Department of Heritage and Arts (the
10     department).
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     modifies provisions related to the department's requirements for pass-through
15     funding;
16          ▸     renumbers and modifies provisions related to the Utah Commission on Service and
17     Volunteerism;
18          ▸     modifies provisions related to the State Library Board, county library boards, and
19     city library boards;
20          ▸     modifies provisions related to historic sites;
21          ▸     creates the Division of Multicultural Affairs within the department and describes the
22     division's responsibilities;
23          ▸     creates the Utah Multicultural Commission and describes the commission's
24     membership and responsibilities;
25          ▸     creates the Utah Martin Luther King, Jr. Human Rights Commission and describes
26     the commission's membership and responsibilities; and
27          ▸     makes technical changes.

28     Money Appropriated in this Bill:
29          None
30     Other Special Clauses:
31          None
32     Utah Code Sections Affected:
33     AMENDS:
34          9-1-201, as last amended by Laws of Utah 2018, Chapter 200
35          9-7-101, as last amended by Laws of Utah 2017, Chapter 48
36          9-7-202, as enacted by Laws of Utah 1992, Chapter 241
37          9-7-204, as last amended by Laws of Utah 2016, Chapter 144
38          9-7-402, as renumbered and amended by Laws of Utah 1992, Chapter 241
39          9-7-403, as last amended by Laws of Utah 1997, Chapter 10
40          9-7-404, as renumbered and amended by Laws of Utah 1992, Chapter 241
41          9-7-405, as last amended by Laws of Utah 2005, Chapter 48
42          9-7-406, as renumbered and amended by Laws of Utah 1992, Chapter 241
43          9-7-407, as renumbered and amended by Laws of Utah 1992, Chapter 241
44          9-7-408, as renumbered and amended by Laws of Utah 1992, Chapter 241
45          9-7-409, as renumbered and amended by Laws of Utah 1992, Chapter 241
46          9-7-502, as last amended by Laws of Utah 1994, Chapter 45
47          9-7-503, as last amended by Laws of Utah 1993, Chapters 4, 78, and 227
48          9-7-504, as last amended by Laws of Utah 2010, Chapter 378
49          9-7-505, as last amended by Laws of Utah 2003, Chapter 47
50          9-7-506, as last amended by Laws of Utah 1993, Chapter 227
51          9-7-507, as last amended by Laws of Utah 2003, Chapter 47
52          9-7-509, as last amended by Laws of Utah 2003, Chapter 47
53          9-8-102, as last amended by Laws of Utah 2017, Chapter 48
54          9-8-202, as renumbered and amended by Laws of Utah 1992, Chapter 241
55          9-8-204, as last amended by Laws of Utah 2010, Chapter 286
56          9-8-206, as renumbered and amended by Laws of Utah 1992, Chapter 241
57          9-8-402, as last amended by Laws of Utah 1995, Chapter 170
58          9-8-404, as last amended by Laws of Utah 2016, Chapter 348

59          9-8-805, as last amended by Laws of Utah 2009, Chapter 388
60     ENACTS:
61          9-21-101, Utah Code Annotated 1953
62          9-21-102, Utah Code Annotated 1953
63          9-21-201, Utah Code Annotated 1953
64          9-21-202, Utah Code Annotated 1953
65          9-21-203, Utah Code Annotated 1953
66          9-21-301, Utah Code Annotated 1953
67          9-21-302, Utah Code Annotated 1953
68          9-21-401, Utah Code Annotated 1953
69          9-21-402, Utah Code Annotated 1953
70     RENUMBERS AND AMENDS:
71          9-20-101, (Renumbered from 9-1-801, as last amended by Laws of Utah 2014, Chapter
72     189)
73          9-20-102, (Renumbered from 9-1-802, as last amended by Laws of Utah 2013, Chapter
74     38)
75          9-20-201, (Renumbered from 9-1-803, as last amended by Laws of Utah 2013, Chapter
76     38)
77          9-20-202, (Renumbered from 9-1-805, as last amended by Laws of Utah 2013, Chapter
78     38)
79          9-20-203, (Renumbered from 9-1-806, as last amended by Laws of Utah 2013, Chapter
80     38)
81          9-20-204, (Renumbered from 9-1-808, as last amended by Laws of Utah 2013, Chapter
82     38)
83          9-20-205, (Renumbered from 9-1-809, as last amended by Laws of Utah 2013, Chapter
84     38)
85          9-20-206, (Renumbered from 9-1-810, as last amended by Laws of Utah 2013, Chapter
86     38)
87          9-20-207, (Renumbered from 9-1-811, as repealed and reenacted by Laws of Utah
88     2013, Chapter 38)
89     REPEALS:

90          9-8-601, as enacted by Laws of Utah 1991, Chapter 30
91          9-8-602, as enacted by Laws of Utah 1991, Chapter 30
92          9-8-603, as enacted by Laws of Utah 1991, Chapter 30
93     

94     Be it enacted by the Legislature of the state of Utah:
95          Section 1. Section 9-1-201 is amended to read:
96          9-1-201. Department of Heritage and Arts -- Creation -- Powers and duties.
97          (1) There is created the Department of Heritage and Arts.
98          (2) The department shall:
99          (a) be responsible for preserving and promoting the heritage of the state, the arts in the
100     state, and cultural development within the state;
101          (b) perform heritage, arts, and cultural development planning for the state;
102          (c) coordinate the program plans of the various divisions within the department;
103          (d) administer and coordinate all state or federal grant programs which are, or become,
104     available for heritage, arts, and cultural development;
105          (e) administer any other programs over which the department is given administrative
106     supervision by the governor;
107          (f) submit an annual written report to the governor and the Legislature as described in
108     Section 9-1-208;
109          (g) ensure that any training or certification required of a public official or public
110     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
111     22, State Training and Certification Requirements, if the training or certification is required:
112          (i) under this title;
113          (ii) by the department; or
114          (iii) by an agency or division within the department; and
115          (h) perform any other duties as provided by the Legislature.
116          (3) The department may solicit and accept contributions of money, services, and
117     facilities from any other sources, public or private, but may not use those contributions for
118     publicizing the exclusive interest of the donor.
119          (4) Money received under Subsection (3) shall be deposited in the General Fund as
120     Ĥ→ [
restricted revenues of the department] dedicated credits ←Ĥ .

121          (5) (a) For a pass-through funding grant of [$25,000 or more] $50,000 or less, the
122     department shall make [quarterly disbursements] an annual disbursement to the pass-through
123     funding grant recipient[, contingent upon the department receiving a quarterly progress report
124     from the pass-through funding grant recipient].
125          (b) For a pass-through funding grant of more than $50,000, the department shall make
126     a semiannual disbursement to the pass-through funding grant recipient, contingent upon the
127     department receiving a semiannual progress report from the pass-through funding grant
128     recipient.
129          [(b)] (c) The department shall:
130          (i) provide the pass-through funding grant recipient with a progress report form for the
131     reporting purposes described in Subsection (5)[(a)](b); and
132          (ii) include reporting requirement instructions with the form.
133          Section 2. Section 9-7-101 is amended to read:
134          9-7-101. Definitions.
135          As used in this chapter:
136          (1) "Board" means the State Library Board created in Section 9-7-204.
137          [(1)] (2) "Division" means the State Library Division.
138          [(2)] (3) "Library board" means the library board of directors appointed locally as
139     authorized by Section 9-7-402 or 9-7-502 and which exercises general policy authority for
140     library services within a city or county of the state, regardless of the title by which the board is
141     known locally.
142          [(3)] (4) "Physical format" means a transportable medium in which analog or digital
143     information is published, such as print, microform, magnetic disk, or optical disk.
144          [(4)] (5) "Policy" means the public library online access policy adopted by a library
145     board to meet the requirements of Section 9-7-215.
146          [(5)] (6) "Political subdivision" means a county, city, town, school district, public
147     transit district, redevelopment agency, or special improvement or taxing district.
148          [(6)] (7) "State agency" means:
149          (a) the state[,]; or
150          (b) an office, department, agency, authority, commission, board, institution, hospital,
151     college, university, or other instrumentality of the state.

152          [(7)] (8) (a) "State publication" means a book, compilation, directory, document,
153     contract or grant report, hearing memorandum, journal, law, legislative bill, magazine, map,
154     monograph, order, ordinance, pamphlet, periodical, proceeding, public memorandum,
155     resolution, register, rule, report, statute, audiovisual material, electronic publication,
156     micrographic form and tape or disc recording regardless of format or method of reproduction,
157     issued or published by a state agency or political subdivision for distribution.
158          (b) "State publication" does not include correspondence, internal confidential
159     publications, office memoranda, university press publications, or publications of the state
160     historical society.
161          Section 3. Section 9-7-202 is amended to read:
162          9-7-202. Appointment of director.
163          [(1) The chief administrative officer of the division shall be a director appointed by the
164     executive director with the concurrence of the board.]
165          [(2) The director shall have a degree from an institution approved by the American
166     Library Association in library science and shall have demonstrated administrative ability.]
167          The executive director, in consultation with the board, shall appoint a director of the
168     division:
169          (1) to serve as the chief administrative officer of the division; and
170          (2) who has a degree from an accredited institution in library science and has
171     demonstrated administrative ability.
172          Section 4. Section 9-7-204 is amended to read:
173          9-7-204. State Library Board -- Members -- Meetings -- Expenses.
174          (1) There is created within the department the State Library Board.
175          (2) (a) The board shall consist of nine members appointed by the governor.
176          (b) One member shall be appointed on recommendation from each of the following:
177          (i) the State Board of Education; and
178          [(ii) the Board of Control of the State Law Library;]
179          [(iii) the Office of Legislative Research and General Counsel; and]
180          [(iv)] (ii) the Utah System of Higher Education.
181          (c) Of the [five] seven remaining members at least two shall be appointed from rural
182     areas.

183          (3) (a) Except as required by Subsection (3)(b), as terms of current board members
184     expire, the governor shall appoint each new member or reappointed member to a four-year
185     term.
186          (b) The governor shall, at the time of appointment or reappointment, adjust the length
187     of terms to ensure that the terms of board members are staggered so that approximately half of
188     the board is appointed every two years.
189          (4) The members may not serve more than two full consecutive terms.
190          (5) When a vacancy occurs in the membership for any reason, the replacement shall be
191     appointed for the unexpired term in the same manner as originally appointed.
192          (6) [Five members] A simple majority of the members of the board [constitute]
193     constitutes a quorum for conducting board business.
194          (7) The governor shall select one of the board members as chair who shall serve for a
195     period of two years.
196          (8) The director of the State Library Division [shall be] is the executive officer of the
197     board.
198          (9) A member may not receive compensation or benefits for the member's service, but
199     may receive per diem and travel expenses in accordance with:
200          (a) Section 63A-3-106;
201          (b) Section 63A-3-107; and
202          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
203     63A-3-107.
204          Section 5. Section 9-7-402 is amended to read:
205          9-7-402. Library board of directors -- Expenses.
206          (1) When the city governing body decides to establish and maintain a city public
207     library under the provisions of this part, it shall appoint a library board of directors of not less
208     than five members and not more than nine members, chosen from the citizens of the city and
209     based upon their fitness for the office.
210          (2) Only one member of the city governing body may be, at any one time, a member of
211     the library board.
212          (3) Each director shall serve without compensation, but their actual and necessary
213     expenses incurred in the performance of their official duties may be paid from library funds.

214          Section 6. Section 9-7-403 is amended to read:
215          9-7-403. Library board terms -- Officers -- Removal -- Vacancies.
216          (1) Each director of a library board shall be appointed for a three-year term, or until the
217     successor to that director is appointed. Initially, appointments shall be made for one-, two-,
218     and three-year terms. Annually thereafter, the city governing body shall, before the first day of
219     July of each year, appoint for a three-year term directors to take the place of the retiring
220     directors.
221          (2) Directors shall serve not more than two consecutive full terms.
222          (3) The directors shall annually select a chairman and other officers.
223          (4) The city governing body may remove any director for misconduct or neglect of
224     duty.
225          (5) Vacancies in [the] a library board of directors shall be filled for the unexpired term
226     in the same manner as original appointments.
227          Section 7. Section 9-7-404 is amended to read:
228          9-7-404. Board powers and duties -- Library fund deposits and disbursements.
229          (1) The library board of directors may, with the approval of the city governing body:
230          (a) have control of the expenditure of the library fund, of construction, lease, or sale of
231     library buildings and land, and of the operation and care of the library; and
232          (b) purchase, lease, or sell land, and purchase, lease, erect, or sell buildings for the
233     benefit of the library.
234          (2) The library board shall:
235          (a) maintain and care for the library;
236          (b) establish policies for its operation; and
237          (c) in general, carry out the spirit and intent of the provisions of this part.
238          (3) All tax money received for the library shall be deposited in the city treasury to the
239     credit of the library fund, and may not be used for any purpose except that of the city library.
240     These funds shall be drawn upon by the authorized officers of the city upon presentation of the
241     properly authenticated vouchers of the library board. All money collected by the library shall
242     be deposited to the credit of the library fund.
243          Section 8. Section 9-7-405 is amended to read:
244          9-7-405. Rules -- Use of library.

245          (1) The library board of directors shall make, amend, and repeal rules, not inconsistent
246     with law, for the governing of the library.
247          (2) Each library established under this part shall be free to the use of the inhabitants of
248     the city where located, subject to the rules adopted by the library board. The library board may
249     exclude from the use of the library any person who willfully violates these rules. The library
250     board may extend the privileges and use of the library to persons residing outside of the city
251     upon terms and conditions it may prescribe by rule.
252          Section 9. Section 9-7-406 is amended to read:
253          9-7-406. Reports to governing body and director of the division.
254          The library board of directors shall:
255          (1) [make] provide an annual report to the city governing body on the condition and
256     operation of the library, including a financial statement; and
257          [(2) provide for the keeping of records required by the State Library Board in its
258     request for an annual report from the public libraries, and submit that annual report to the State
259     Library Board.]
260          (2) provide an annual report to the director of the division that contains the information
261     required by the State Library Board.
262          Section 10. Section 9-7-407 is amended to read:
263          9-7-407. Librarian and other personnel.
264          (1) The library board of directors shall appoint a competent person as librarian to have
265     immediate charge of the library with those duties and compensation for services that it
266     determines. The librarian shall act as the executive officer for the library board.
267          (2) The library board shall appoint, upon the recommendation of the librarian, other
268     personnel as needed.
269          Section 11. Section 9-7-408 is amended to read:
270          9-7-408. Donations of money or property.
271          Any person desiring to make donations of money, personal property, or real estate for
272     the benefit of any library shall have the right to vest the title to the money, personal property, or
273     real estate in the library board of directors. The donation shall be held and controlled by the
274     library board, when accepted, according to the terms of the deed, gift, devise, or bequest of the
275     property, and the library board shall be held and considered to be trustees of the property.

276          Section 12. Section 9-7-409 is amended to read:
277          9-7-409. Entities may cooperate, merge, or consolidate in providing library
278     services.
279          [Boards] Library boards of directors of city libraries, library boards of directors of
280     county libraries, boards of education, governing boards of other educational institutions, library
281     agencies, and local political subdivisions may cooperate, merge, or consolidate in providing
282     library services.
283          Section 13. Section 9-7-502 is amended to read:
284          9-7-502. Library board of directors -- Expenses.
285          (1) (a) When the county legislative body decides to establish and maintain a county
286     public library under the provisions of this part, the county executive shall, with the advice and
287     consent of the county legislative body, appoint a library board of not less than five and not
288     more than nine directors chosen from the citizens of the county and based upon their fitness for
289     the office.
290          (b) When increasing membership on an existing library board, the county legislative
291     body:
292          (i) may not add more than two positions in any year; and
293          (ii) when adding members, shall ensure that the terms of library board members are
294     staggered so that approximately 1/4 of the board is selected each year.
295          (2) Only one member of the county legislative body may be, at any one time, a member
296     of the library board.
297          (3) Each director shall serve without compensation, but the actual and necessary
298     expenses incurred in the performance of the director's official duties may be paid from library
299     funds.
300          Section 14. Section 9-7-503 is amended to read:
301          9-7-503. Library board terms -- Officers -- Removal -- Vacancies.
302          (1) Each director of a library board shall be appointed for a four-year term, or until the
303     director's successor is appointed. Initially, appointments shall be made for one-, two-, three-,
304     and four-year terms, and one member of the county legislative body for the term of his elected
305     office. Annually thereafter, the county executive body shall, before the first day of July of
306     each year, appoint, with the advice and consent of the county legislative body, for a four-year

307     term, one director to take the place of the retiring director.
308          (2) Directors shall serve not more than two consecutive full terms.
309          (3) The directors shall annually select a chairman and other officers.
310          (4) The county executive body may remove any director for misconduct or neglect of
311     duty.
312          (5) Vacancies in [the] a library board of directors shall be filled for the unexpired terms
313     in the same manner as original appointments.
314          Section 15. Section 9-7-504 is amended to read:
315          9-7-504. Library board duties -- Library fund deposits.
316          (1) The library board of directors shall, with the approval of the county executive and
317     in accordance with county ordinances, policies, and procedures:
318          (a) be responsible for:
319          (i) the expenditure of the library fund;
320          (ii) the construction, lease, or sale of library buildings and land; and
321          (iii) the operation and care of the library; and
322          (b) purchase, lease, or sell land, and purchase, lease, construct, or sell buildings, for the
323     benefit of the library.
324          (2) The library board has those powers and duties as prescribed by county ordinance,
325     including establishing policies for collections and information resources that are consistent
326     with state and federal law.
327          (3) (a) All tax money received for the library shall be deposited in the county treasury
328     to the credit of the library fund, and may not be used for any purpose except that of the county
329     library.
330          (b) All money collected by the library shall be deposited to the credit of the library
331     fund.
332          Section 16. Section 9-7-505 is amended to read:
333          9-7-505. Rules -- Use of library.
334          (1) [The] Each library board shall make library rules in a manner consistent with
335     county ordinances, policies, and procedures for the governing of the library.
336          (2) Each library established under this part shall be free to the use of the inhabitants of
337     the area taxed for the support of the library, subject to the rules made as prescribed by county

338     ordinance.
339          Section 17. Section 9-7-506 is amended to read:
340          9-7-506. Annual reports.
341          The library board of directors shall:
342          (1) [make] provide an annual report to the county executive and county legislative
343     body on the condition and operation of the library, including a financial statement; and
344          [(2) provide for the keeping of records required by the State Library Board in its
345     request for an annual report from the public libraries, and submit that annual report to the State
346     Library Board.]
347          (2) provide an annual report to the director of the division that contains the information
348     required by the State Library Board.
349          Section 18. Section 9-7-507 is amended to read:
350          9-7-507. Librarian and other personnel.
351          (1) (a) The library board of directors shall recommend to the county executive for
352     appointment a competent person to serve as librarian.
353          (b) The county executive shall, within 30 days of the recommendation, either make the
354     appointment or request that the library board submit another recommendation.
355          (c) The librarian shall be an employee of the county subject to the personnel policies,
356     procedures, and compensation plans approved by the county executive and county legislative
357     body.
358          (d) The librarian shall act as the executive officer for the library board.
359          (2) (a) All library personnel are employees of the county.
360          (b) The librarian or the librarian's designee shall hire library personnel in accordance
361     with the county merit system, personnel policies and procedures, and compensation plans
362     approved by the county executive and county legislative body.
363          (3) As used in this section "librarian" means the county library director.
364          Section 19. Section 9-7-509 is amended to read:
365          9-7-509. Entities may cooperate, merge, or consolidate in providing library
366     services.
367          [Boards] Library boards of directors of city libraries, library boards of directors of
368     county libraries, boards of education, governing boards of other educational institutions, library

369     agencies, and local political subdivisions may cooperate in providing library services or merge
370     or consolidate under an interlocal agreement approved and implemented in accordance with
371     Title 11, Chapter 13, Interlocal Cooperation Act.
372          Section 20. Section 9-8-102 is amended to read:
373          9-8-102. Definitions.
374          As used in this chapter:
375          (1) "Board" means the Board of State History.
376          (2) "Director" means the director of the Division of State History.
377          (3) "Division" means the Division of State History.
378          (4) "Documentary materials" means written or documentary information contained in
379     published materials, manuscript collections, archival materials, photographs, sound recordings,
380     motion pictures, and other written, visual, and aural materials, except government records.
381          (5) "Historical artifacts" means objects produced or shaped by human efforts, a natural
382     object deliberately selected and used by a human, an object of aesthetic interest, and any
383     human-made objects produced, used, or valued by the historic peoples of Utah.
384          (6) "Society" means the Utah State Historical Society created in Section 9-8-207.
385          Section 21. Section 9-8-202 is amended to read:
386          9-8-202. Appointment of director.
387          [(1) The chief administrative officer of the division shall be a director appointed by the
388     executive director with the concurrence of the board.]
389          [(2) The director shall be experienced in administration and qualified by education or
390     training in the field of state history.]
391          The executive director, in consultation with the board, shall appoint a director of the
392     division:
393          (1) to serve as the chief administrative officer of the division; and
394          (2) who is experienced in administration and is qualified by education or training in the
395     field of state history.
396          Section 22. Section 9-8-204 is amended to read:
397          9-8-204. Board of State History.
398          (1) There is created within the department the Board of State History.
399          (2) The board shall consist of 11 members appointed by the governor with the consent

400     of the Senate as follows:
401          (a) sufficient representatives to satisfy the federal requirements for an adequately
402     qualified State Historic Preservation Review Board; and
403          (b) other persons with an interest in the subject matter of the division's responsibilities.
404          (3) (a) Except as required by Subsection (3)(b), the members shall be appointed for
405     terms of four years and shall serve until their successors are appointed and qualified.
406          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
407     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
408     board members are staggered so that approximately half of the board is appointed every two
409     years.
410          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
411     appointed for the unexpired term with the consent of the Senate.
412          (5) [Six members] A simple majority of the board [are] constitutes a quorum for [the
413     transaction of] conducting board business.
414          (6) The governor shall select a chair and vice chair from the board members.
415          (7) A member may not receive compensation or benefits for the member's service, but
416     may receive per diem and travel expenses in accordance with:
417          (a) Section 63A-3-106;
418          (b) Section 63A-3-107; and
419          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
420     63A-3-107.
421          Section 23. Section 9-8-206 is amended to read:
422          9-8-206. Historical magazine, books, documents, and microfilms -- Proceeds.
423          (1) The division shall, under the direction of the board:
424          (a) compile and publish an historical magazine to be furnished to supporting members
425     of the society in accordance with membership subscriptions or to be sold independently of
426     membership; and
427          (b) publish and sell other books, documents, and microfilms at reasonable prices to be
428     approved by the director.
429          (2) Proceeds from sales under this section shall be [retained in the treasury of the
430     society] deposited into the General Fund as Ĥ→ [
restricted revenue of the society] a dedicated
430a     credit ←Ĥ .

431          Section 24. Section 9-8-402 is amended to read:
432          9-8-402. Definitions -- Division duties.
433          (1) [As] In addition to the definitions described in Section 9-8-302, as used in this
434     part[,]:
435          (a) "Effect" means an alteration to one or more characteristics of a historic property
436     that qualify the historic property for inclusion in, or that make the historic property eligible for
437     inclusion in, the National Register of Historic Places.
438          (b) "Historic Property" means any historic or prehistoric district, site, building,
439     structure, or object that is at least 50 years old and that is included in, or that is eligible for
440     inclusion in, the National Register of Historic Places.
441          (c) "State Register" means a register of cultural sites and localities, historic and
442     prehistoric sites, and districts, buildings, and objects significant in Utah history.
443          (d) "Undertaking" means a project, activity, or program funded in whole or in part
444     under the direct or indirect jurisdiction of a state agency, including a project, activity, or
445     program:
446          (i) carried out by or on behalf of a state agency;
447          (ii) carried out with financial assistance from the state; or
448          (iii) that requires a state permit, license, or approval.
449          (2) The division shall:
450          (a) constitute the historic preservation agency for this state;
451          (b) establish a state register for the orderly identification and recognition of the state's
452     cultural resources; and
453          (c) provide for participation in the National Historic Preservation Program.
454          Section 25. Section 9-8-404 is amended to read:
455          9-8-404. Agency responsibilities -- State historic preservation officer to comment
456     on undertaking -- Public Lands Policy Coordinating Office may require joint analysis.
457          [(1) (a) Before expending any state funds or approving any undertaking, each agency
458     shall:]
459          [(i) take into account the effect of the expenditure or undertaking on any historic
460     property; and]
461          [(ii) unless exempted by agreement between the agency and the state historic

462     preservation officer, provide the state historic preservation officer with a written evaluation of
463     the expenditure's or undertaking's effect on the historic property.]
464          (1) (a) Before making a final agency decision authorizing the expenditure of state funds
465     or providing financial assistance for an undertaking, an agency shall:
466          (i) take into account the effect of the undertaking on any historic property; and
467          (ii) provide the state historic preservation officer with a written evaluation of the
468     undertaking's effect on any historic property.
469          (b) The state historic preservation officer shall provide to the agency a written
470     comment on the agency's determination of effect within 30 days after the day on which the state
471     historic preservation officer receives a written evaluation described in Subsection (1)(a)(ii).
472          (c) If the written evaluation described in Subsection (1)(a)(ii) demonstrates that there is
473     an adverse effect to a historic property, the agency shall enter into a formal written agreement
474     with the state historic preservation officer describing how each adverse effect will be mitigated
475     before the agency may expend state funds or provide financial assistance for the undertaking.
476          [(b)] (d) [Once per month, the] The state historic preservation officer shall [provide]
477     make available to the Public Lands Policy Coordinating Office [with] a list of undertakings on
478     which an agency or federal agency has requested the state historic preservation officer's or the
479     Antiquities Section's advice or consultation.
480          [(c)] (e) The Public Lands Policy Coordinating Office may request the joint analysis
481     described in Subsections (2)(c) and (d) of any proposed undertaking on which the state historic
482     preservation officer or Antiquities Section is providing advice or consultation.
483          (2) (a) If the state historic preservation officer does not concur with the agency's
484     written evaluation required by Subsection (1)(a)(ii), the state historic preservation officer shall
485     inform the Public Lands Policy Coordinating Office of any objections.
486          (b) The Public Lands Policy Coordinating Office shall review the state historic
487     preservation officer's objections and determine whether or not to initiate the joint analysis
488     established in Subsections (2)(c) and (d) within 30 days after the day on which the state historic
489     preservation officer informs the Public Lands Policy Coordinating Office of the objections.
490          (c) If the Public Lands Policy Coordinating Office determines further analysis is
491     necessary, the Public Lands Policy Coordinating Office shall, jointly with the agency and the
492     state historic preservation officer, analyze:

493          (i) the cost of the undertaking, excluding costs attributable to the identification,
494     potential recovery, or excavation of historic properties;
495          (ii) the ownership of the land involved;
496          (iii) the likelihood of the presence and the nature and type of historical properties that
497     may be affected by the expenditure or undertaking; and
498          (iv) clear and distinct alternatives for the identification, recovery, or excavation of
499     historic properties, including ways to maximize the amount of information recovered and
500     report that information at current standards of scientific rigor.
501          (d) The Public Lands Policy Coordinating Office, the agency, and the state historic
502     preservation officer shall also consider as part of the joint analysis:
503          (i) the estimated costs of the alternatives in Subsection (2)(c)(iv) in total and as a
504     percentage of the total cost of the undertaking; and
505          (ii) at least one plan for the identification, recovery, or excavation of historic properties
506     that does not substantially increase the cost of the proposed undertaking.
507          (3) (a) (i) If the state historic preservation officer concurs with the agency's evaluation
508     or if the Public Lands Policy Coordinating Office determines that the joint analysis is
509     unnecessary, the state historic preservation officer shall, no later than 30 calendar days after
510     receiving the agency's evaluation, provide formal comments on the agency's evaluation.
511          (ii) If a joint analysis is conducted, the state historic preservation officer shall provide
512     formal comments on the agency's evaluation no later than 30 calendar days after the conclusion
513     of the joint analysis.
514          (b) The state historic preservation officer shall ensure that the comments include the
515     results of any joint analysis conducted under Subsection (2).
516          (c) If a joint analysis is not conducted, the state historic preservation officer's
517     comments may include advice about ways to maximize the amount of historic, scientific,
518     archaeological, anthropological, and educational information recovered, in addition to the
519     physical recovery of [specimens] artifacts and the reporting of archaeological information at
520     current standards of scientific rigor.
521          [(4) (a) Once per month, the state historic preservation officer shall provide the Public
522     Lands Policy Coordinating Office with a list of comments the state historic preservation officer
523     intends to make or has made as required or authorized by the National Historic Preservation

524     Act, 54 U.S.C. Sec. 300101 et seq.]
525          [(b) At the request of the Public Lands Policy Coordinating Office, the state historic
526     preservation officer shall discuss the comments with the Public Lands Policy Coordinating
527     Office.]
528          Section 26. Section 9-8-805 is amended to read:
529          9-8-805. Collecting institutions -- Perfecting title -- Notice.
530          (1) (a) [Any] A collecting institution wishing to perfect title in any reposited materials
531     held by it shall send, by registered mail, a notice containing the information required by [this
532     section] Subsection (2) to the last-known address of the last-known owner of the property.
533          [(b) The collecting institution shall publish a notice containing the information
534     required by this section:]
535          [(i) if:]
536          [(A) the owner or the address of the owner of the reposited materials is unknown;]
537          [(B) the mailed notice is returned to the collecting institution without a forwarding
538     address; or]
539          [(C) the owner does not claim the reposited materials within 90 days after the notice
540     was mailed; and]
541          [(ii) (A) by publication at least once per week for two consecutive weeks in a
542     newspaper of general circulation in the county where the collection institution is located; and]
543          [(B) by publication in accordance with Section 45-1-101 for two weeks.]
544          (b) In addition to the requirements of Subsection (1)(a), a collecting institution shall
545     publish a notice containing the information required by Subsection (2) if:
546          (i) the owner or the address of the owner of the reposited materials is unknown;
547          (ii) the mailed notice is returned to the collecting institution without a forwarding
548     address; or
549          (iii) the owner does not claim the reposited materials within 90 days after the day on
550     which the notice was mailed.
551          (c) If required to publish a notice under Subsection (1)(b), the collecting institution, in
552     accordance with Section 45-1-101, shall publish the notice:
553          (i) at least once per week for two consecutive weeks in a newspaper of general
554     circulation in the county where the collecting institution is located; and

555          (ii) on the public legal notice website for at least two weeks.
556          (2) [The notices] Each notice required by this section shall include:
557          (a) the name, if known, and the last-known address, if any, of the last-known owner of
558     the reposited materials;
559          (b) a description of the reposited materials;
560          (c) the name of the collecting institution that has possession of the reposited materials
561     and a person within that institution whom the owner may contact; and
562          (d) a statement that if the reposited materials are not claimed within 90 days from the
563     [date that] day on which the notice is published in accordance with Subsection (1)(b), the
564     reposited materials are considered [to be] abandoned and become the property of the collecting
565     institution.
566          (3) If no one [has claimed the] claims reposited materials within 90 days after the [date
567     that the] day on which notice is published in accordance with Subsection (1)(b), the reposited
568     materials are considered [to be] abandoned and are the property of the collecting institution.
569          Section 27. Section 9-20-101, which is renumbered from Section 9-1-801 is
570     renumbered and amended to read:
571     
CHAPTER 20. UTAH COMMISSION ON SERVICE AND VOLUNTEERISM ACT

572     
Part 1. General Provisions

573          [9-1-801].      9-20-101. Title.
574          This [part] chapter is known as the "Utah Commission on Service and Volunteerism
575     Act."
576          Section 28. Section 9-20-102, which is renumbered from Section 9-1-802 is
577     renumbered and amended to read:
578          [9-1-802].      9-20-102. Definitions.
579          As used in this chapter:
580          (1) "Act" means the National Community and Service Trust Act of 1993, 42 U.S.C.
581     12501 et seq.
582          (2) "Commission" means the Utah Commission on Service and Volunteerism created
583     in Section [9-1-803] 9-20-201.
584          (3) "Corporation" means the Corporation for National and Community Service
585     described in the act.

586          Section 29. Section 9-20-201, which is renumbered from Section 9-1-803 is
587     renumbered and amended to read:
588     
Part 2. Utah Commission on Service and Volunteerism

589          [9-1-803].      9-20-201. Creation -- Members -- Appointment -- Terms --
590     Vacancies -- Per diem and expenses.
591          (1) There is created the Utah Commission on Service and Volunteerism consisting of
592     19 voting members and one nonvoting member.
593          (2) The 19 voting members of the commission are:
594          (a) the lieutenant governor;
595          (b) the commissioner of higher education or the commissioner's designee;
596          (c) the state superintendent of public instruction or the superintendent's designee;
597          (d) the executive director of the Department of Heritage and Arts or the executive
598     director's designee;
599          (e) nine members appointed by the governor as follows:
600          (i) an individual with expertise in the educational, training, and developmental needs of
601     youth, particularly disadvantaged youth;
602          (ii) an individual with experience in promoting the involvement of older adults in
603     volunteer service;
604          (iii) a representative of a community-based agency or organization within the state;
605          (iv) a representative of local government;
606          (v) a representative of a local labor organization in the state;
607          (vi) a representative of business;
608          (vii) an individual between the ages of 16 and 25 who participates in a volunteer or
609     service program;
610          (viii) a representative of a national service program; and
611          (ix) a representative of the volunteer sector; and
612          (f) six members appointed by the governor from among the following groups:
613          (i) local educators;
614          (ii) experts in the delivery of human, educational, cultural, environmental, or public
615     safety services to communities and individuals;
616          (iii) representatives of Native American tribes;

617          (iv) representatives of organizations that assist out-of-school youth or other at-risk
618     youth; or
619          (v) representatives of entities that receive assistance under the Domestic Volunteer
620     Service Act of 1973, 42 U.S.C. 4950 et seq.
621          (3) The nonvoting member of the commission is the state representative of the
622     corporation.
623          (4) (a) In appointing persons to serve on the commission, the governor shall ensure
624     that:
625          (i) no more than 10 voting members of the commission are members of the same
626     political party; and
627          (ii) no more than five voting members of the commission are state government
628     employees.
629          (b) In appointing persons to serve on the commission, the governor shall strive for
630     balance on the commission according to race, ethnicity, age, gender, and disability
631     characteristics.
632          (5) (a) Except as required by Subsection (5)(b), as terms of current commission
633     members expire, the governor shall appoint each new member or reappointed member to a
634     three-year term.
635          (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
636     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
637     commission members are staggered so that approximately one-third of the commission is
638     appointed every year.
639          (6) When a vacancy occurs in the membership, the replacement shall be appointed for
640     the unexpired term.
641          (7) A member appointed by the governor may not serve more than two consecutive
642     terms.
643          (8) A member may not receive compensation or benefits for the member's service, but
644     may receive per diem and travel expenses in accordance with:
645          (a) Section 63A-3-106;
646          (b) Section 63A-3-107; and
647          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and

648     63A-3-107.
649          Section 30. Section 9-20-202, which is renumbered from Section 9-1-805 is
650     renumbered and amended to read:
651          [9-1-805].      9-20-202. Election of commission chair and vice chair.
652          (1) [The] Subject to Subsection (2), the voting members of the commission shall elect
653     a chair and a [vice-chair] vice chair from among the voting members of the commission.
654          (2) The voting members of the commission may not elect the lieutenant governor as
655     chair or vice chair of the commission.
656          [(2)] (3) The chair and [vice-chair] vice chair shall serve for a term of one year.
657          Section 31. Section 9-20-203, which is renumbered from Section 9-1-806 is
658     renumbered and amended to read:
659          [9-1-806].      9-20-203. Commission chair and vice chair duties.
660          (1) The chair shall:
661          (a) preside at meetings of the commission; and
662          (b) authorize and execute the actions of the commission.
663          (2) The [vice-chair] vice chair shall:
664          (a) assist the chair;
665          (b) if the chair is absent, perform the duties of the chair;
666          (c) accept special assignments from the chair; and
667          (d) perform other duties as delegated by the commission.
668          Section 32. Section 9-20-204, which is renumbered from Section 9-1-808 is
669     renumbered and amended to read:
670          [9-1-808].      9-20-204. Meetings -- Quorum.
671          (1) The commission shall meet at least quarterly.
672          (2) A voting member of the commission who fails to attend at least 75% of called
673     meetings in a calendar year is automatically removed from the commission.
674          (3) A commission quorum is a simple majority of the voting members.
675          Section 33. Section 9-20-205, which is renumbered from Section 9-1-809 is
676     renumbered and amended to read:
677          [9-1-809].      9-20-205. Commission duties.
678          (1) The commission shall:

679          (a) [assist in] administer the selection, development, and oversight of programs funded
680     and established by the act;
681          (b) pursue opportunities for sustainable and high-impact community service;
682          (c) develop and annually update a three-year community service plan for the state,
683     including the establishment of state priorities; and
684          (d) stimulate increased community awareness of the impact of volunteer service in the
685     state.
686          (2) (a) The commission may, subject to Title 63J, Chapter 5, Federal Funds Procedures
687     Act, receive and accept federal funds, and may receive and accept private gifts, donations, or
688     funds from any source.
689          (b) Money received under this Subsection (2) shall be deposited with the state and shall
690     be available to the commission to carry out the purposes of this part.
691          Section 34. Section 9-20-206, which is renumbered from Section 9-1-810 is
692     renumbered and amended to read:
693          [9-1-810].      9-20-206. Reporting and administration.
694          (1) The executive director, in consultation with the commission, shall appoint a
695     director of the commission who is:
696          (a) experienced in administration; and
697          (b) qualified by education or training in the field of public administration.
698          (2) The director of the commission shall report to the executive director.
699          [(1)] (3) The commission shall:
700          (a) report to the office of the lieutenant governor[.]; and
701          (b) by January 1, provide an annual written report to the lieutenant governor on service
702     and volunteerism in the state.
703          [(2)] (4) The [Department of Heritage and Arts] department shall provide
704     administrative and staff support services to the commission.
705          Section 35. Section 9-20-207, which is renumbered from Section 9-1-811 is
706     renumbered and amended to read:
707          [9-1-811].      9-20-207. Rulemaking.
708          In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and the
709     provisions of this chapter, the Department of Heritage and Arts may make rules to:

710          (1) implement this [part] chapter; and
711          (2) ensure the commission complies with the act and related federal requirements.
712          Section 36. Section 9-21-101 is enacted to read:
713     
CHAPTER 21. DIVISION OF MULTICULTURAL AFFAIRS ACT

714     
Part 1. General Provisions

715          9-21-101. Title.
716          This chapter is known as the "Division of Multicultural Affairs Act."
717          Section 37. Section 9-21-102 is enacted to read:
718          9-21-102. Definitions.
719          As used in this chapter:
720          (1) "Commission" means the Utah Multicultural Commission created in Section
721     9-21-301.
722          (2) "Director" means the director of the Division of Multicultural Affairs.
723          (3) "Division" means the Division of Multicultural Affairs created in Section 9-21-201.
724          (4) "Human Rights Commission" means the Utah Martin Luther King, Jr. Human
725     Rights Commission created in Section 9-21-401.
726          Section 38. Section 9-21-201 is enacted to read:
727     
Part 2. Division of Multicultural Affairs

728          9-21-201. Creation.
729          (1) There is created within the department the Division of Multicultural Affairs under
730     the administration and general supervision of the executive director.
731          (2) The division shall be under the policy direction of the executive director in
732     consultation with the director and the commission.
733          Section 39. Section 9-21-202 is enacted to read:
734          9-21-202. Responsibilities of the division.
735          The responsibilities of the division include:
736          (1) identifying the needs of the state's multicultural communities;
737          (2) promoting inclusiveness and cultivating trust and cooperation between the state,
738     nonprofit entities receiving state funds, and the state's multicultural communities; and
739          (3) working with state agencies to ensure the state provides equitable resources,
740     services, and programs to address the needs of the state's multicultural communities.

741          Section 40. Section 9-21-203 is enacted to read:
742          9-21-203. Reporting requirements.
743          The division shall submit an annual written report to the department for inclusion in the
744     department's annual report described in Section 9-1-208, which shall describe the activities and
745     recommendations of:
746          (1) the division in meeting the division's responsibilities as described in this chapter;
747          (2) the commission in meeting the commission's responsibilities as described in this
748     chapter, including the strategic plan described in Section 9-21-302; and
749          (3) the human rights commission in meeting the human rights commission's
750     responsibilities as described in this chapter.
751          Section 41. Section 9-21-301 is enacted to read:
752     
Part 3. Utah Multicultural Commission

753          9-21-301. Creation of commission -- Membership -- Rulemaking.
754          (1) There is created within the division the Utah Multicultural Commission.
755          (2) The commission shall consist of:
756          (a) the lieutenant governor, who shall serve as chair of the commission; and
757          (b) at least 14 additional members appointed by the governor to two-year terms.
758          (3) Notwithstanding the requirements of Subsection (2)(b), the governor shall at the
759     time of appointment adjust the length of terms to ensure that the terms of commission members
760     are staggered so that approximately half of the commission is appointed every two years.
761          (4) The commission shall meet at least six times per year.
762          (5) A majority of the members of the commission constitutes a quorum of the
763     commission at any meeting, and the action of the majority of members present is the action of
764     the commission.
765          (6) A member appointed by the governor may be reappointed for one or more
766     additional terms.
767          (7) When a vacancy occurs in the membership, the governor shall appoint a
768     replacement for the unexpired term.
769          (8) A member may not receive compensation or benefits for the member's service, but
770     may receive per diem and travel expenses in accordance with:
771          (a) Sections 63A-3-106 and 63A-3-107; and

772          (b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
773     63A-3-107.
774          (9) The department shall make rules establishing the membership, duties, and
775     procedures of the commission in accordance with the requirements of:
776          (a) this chapter; and
777          (b) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
778          (10) The department shall provide administrative support to the commission.
779          Section 42. Section 9-21-302 is enacted to read:
780          9-21-302. Commission duties.
781          The commission shall:
782          (1) cooperate with the division and state agencies to ensure access to culturally
783     competent programs and services that meet the needs of the state's multicultural communities;
784          (2) make recommendations to the director regarding policies, practices, and procedures
785     to ensure the proper delivery of state resources, services, and programs to the state's
786     multicultural communities;
787          (3) cooperate with the division and state agencies to ensure proper outreach to the
788     state's multicultural communities regarding state resources, services, and programs; and
789          (4) develop a strategic plan to identify needs, goals, and deliverables that will directly
790     impact the most significant and urgent needs of the state's multicultural communities.
791          Section 43. Section 9-21-401 is enacted to read:
792     
Part 4. Utah Martin Luther King, Jr. Human Rights Commission

793          9-21-401. Creation of human rights commission -- Membership -- Rulemaking.
794          (1) There is created within the division the Utah Martin Luther King, Jr. Human Rights
795     Commission.
796          (2) (a) The human rights commission shall consist of 13 members appointed by the
797     governor to two-year terms.
798          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall at the
799     time of appointment adjust the length of terms to ensure that the terms of human rights
800     commission members are staggered so that approximately half of the human rights commission
801     is appointed every two years.
802          (3) The governor shall appoint one of the members as chair of the human rights

803     commission.
804          (4) The human rights commission shall meet at least quarterly.
805          (5) A majority of the members of the human rights commission constitutes a quorum
806     of the human rights commission at any meeting, and the action of the majority of members
807     present is the action of the human rights commission.
808          (6) A member appointed by the governor may not serve more than two consecutive
809     terms.
810          (7) When a vacancy occurs in the membership, the governor shall appoint a
811     replacement for the unexpired term.
812          (8) A member may not receive compensation or benefits for the member's service, but
813     may receive per diem and travel expenses in accordance with:
814          (a) Sections 63A-3-106 and 63A-3-107; and
815          (b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
816     63A-3-107.
817          (9) The department shall make rules establishing the membership, duties, and
818     procedures of the human rights commission in accordance with the requirements of:
819          (a) this chapter; and
820          (b) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
821          (10) The department shall provide administrative support to the commission.
822          Section 44. Section 9-21-402 is enacted to read:
823          9-21-402. Human rights commission duties.
824          The human rights commission shall:
825          (1) promote Dr. Martin Luther King, Jr. Day by:
826          (a) encouraging appropriate ceremonies and activities commemorating the federal and
827     state holiday, which occurs on the third Monday of January each year;
828          (b) seeking to involve the public and private sectors in promoting diversity, equality,
829     and human rights;
830          (c) providing recommendations and assistance to government entities and private
831     organizations regarding the observance of the holiday;
832          (d) coordinating efforts with state residents of diverse backgrounds and with private
833     organizations regarding the observance of the holiday; and

834          (e) partnering with educational institutions to assist schools in promoting appropriate
835     events to honor human rights and the holiday; and
836          (2) report annually to the division regarding the activities of the commission.
837          Section 45. Repealer.
838          This bill repeals:
839          Section 9-8-601, Definitions.
840          Section 9-8-602, Authority to write and publish county history -- Administration of
841     project.
842          Section 9-8-603, Standards -- Publication.