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H.B. 8 Enrolled
AN ACT RELATING TO STATE AFFAIRS IN GENERAL; ESTABLISHING A STATE
CAPITOL ART PLACEMENT COMMISSION TO EVALUATE AND PLACE ART IN
THE CAPITOL; ESTABLISHING ITS DUTIES; AND MAKING TECHNICAL
This act affects sections of Utah Code Annotated 1953 as follows:
63A-5-401, Utah Code Annotated 1953
63A-5-402, Utah Code Annotated 1953
63A-5-403, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63A-5-401 is enacted to read:
As used in this part:
(1) "Agency" means each agency, authority, board, bureau, commission, committee,
corporation, council, department, division, fund, institution, laboratory, library, office, officer,
panel, unit, or other administrative unit of the state.
(2) "Art" includes paintings, photographs, pottery, sculpture, textiles, and other visual and
(3) "Commission" means the State Capitol Art Placement Commission established by this
(4) "Exhibit" means a static visual explanatory or educational presentation.
(5) "Public area" means areas open to the public and not part of the offices of any
Section 2. Section 63A-5-402 is enacted to read:
63A-5-402. State Capitol Art Placement Commission -- Created -- Membership --
(1) (a) There is created a State Capitol Art Placement Commission composed of nine
members appointed as provided in this subsection.
(b) The governor shall appoint:
(i) an architect, from a list of three architects submitted by the American Institute of
(ii) an artist, from a list of three artists submitted by the Utah Arts Council Board of
(iii) an historian, from a list of three historians submitted by the Board of State History.
(c) The president of the Senate shall appoint three members, two from the majority party
and one from the minority party.
(d) The speaker of the House shall appoint three members, two from the majority party and
one from the minority party.
(2) (a) (i) Commission members appointed by the governor shall serve four-year terms and
may serve up to two consecutive terms.
(ii) Commission members appointed by the speaker and president shall serve two-year terms
and may be reappointed.
(b) In appointing members to the first commission, the governor shall designate one member
to serve a two-year term and two members to serve four-year terms.
(3) (a) Each commission member shall hold office until his successor has been appointed
(b) If a vacancy occurs in the commission because of death, resignation, or otherwise, the
appointing authority shall appoint a successor, who shall hold office for the unexpired term.
(c) Five members of the commission are a quorum for the purpose of organizing and
conducting the business of the commission.
(d) The vote of a majority of members voting when a quorum is present is necessary for the
commission to take action.
(4) (a) At the initial meeting of the commission, the commission shall select one of its
number to serve as chair of the commission.
(b) The director of the Division of Facilities Construction and Management or his designee
is the nonvoting secretary to the commission and shall provide staff services to the commission.
(5) (a) Members of the commission shall receive per diem and may be reimbursed for
expenses incurred in the performance of their official duties as established by the Division of
(b) The commission shall meet at least once per year and at the call of the chair.
Section 3. Section 63A-5-403 is enacted to read:
63A-5-403. State Capitol Art Placement Commission -- Duties.
(1) The commission shall:
(a) review and approve the content and placement of each new piece of art to be placed
within any public area of the State Capitol Building;
(b) review and approve any proposals for removing or relocating any piece of art contained
in any public area of the State Capitol Building;
(c) review and approve the content and placement of each new exhibit to be placed within
any public area of the State Capitol Building;
(d) comply with the provisions of Title 63, Chapter 46a, Utah Administrative Rulemaking
Act, in making rules establishing procedures and requirements for placement of art and exhibits in
the State Capitol Building.
(2) The commission may, after consultation with affected government agencies, review and
make recommendations about any proposals for remodeling within the State Capitol Building.
(3) (a) If any conflicts exist between this part and Title 63A, Chapter 5, Part 2, Division of
Facilities Construction and Management, this part takes precedence.
(b) If any conflicts exist between this part and Section 36-5-1, Section 36-5-1 takes
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