H.B. 8

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CAPITOL ART PLACEMENT COMMISSION
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Jordan Tanner
5 AN ACT RELATING TO STATE AFFAIRS IN GENERAL; ESTABLISHING A STATE
6 CAPITOL ART PLACEMENT COMMISSION TO EVALUATE AND PLACE ART IN THE
7 CAPITOL; ESTABLISHING ITS DUTIES; AND MAKING TECHNICAL CORRECTIONS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 ENACTS:
10 63A-5-401, Utah Code Annotated 1953
11 63A-5-402, Utah Code Annotated 1953
12 63A-5-403, Utah Code Annotated 1953
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 63A-5-401 is enacted to read:
15 Part 4. State Capitol Commission
16 63A-5-401. Definitions.
17 As used in this part:
18 (1) "Agency" means each agency, authority, board, bureau, commission, committee,
19 corporation, council, department, division, fund, institution, laboratory, library, office, officer,
20 panel, unit, or other administrative unit of the state.
21 (2) "Art" includes paintings, photographs, pottery, sculpture, textiles, and other visual and
22 decorative arts.
23 (3) "Commission" means the State Capitol Art Placement Commission established by this
24 part.
25 (4) "Exhibit" means a static visual explanatory or educational presentation.
26 (5) "Public area" means areas open to the public and not part of the offices of any
27 government agency.

1 Section 2. Section 63A-5-402 is enacted to read:
2 63A-5-402. State Capitol Art Placement Commission -- Created -- Membership --
3 Operations.
4 (1) (a) There is created a State Capitol Art Placement Commission composed of nine
5 members appointed as provided in this subsection.
6 (b) The governor shall appoint:
7 (i) an architect, from a list of three architects submitted by the Architects Licensing Board;
8 (ii) an artist, from a list of three artists submitted by the Utah Arts Council Board of
9 Directors; and
10 (iii) an historian, from a list of three historians submitted by the Board of State History.
11 (c) The president of the Senate shall appoint three members, two from the majority party
12 and one from the minority party.
13 (d) The speaker of the House shall appoint three members, two from the majority party
14 and one from the minority party.
15 (2) (a) (i) Commission members appointed by the governor shall serve four-year terms and
16 may serve up to two consecutive terms.
17 (ii) Commission members appointed by the speaker and president shall serve two-year
18 terms and may be reappointed.
19 (b) In appointing members to the first commission, the governor shall designate one
20 member to serve a two-year term and two members to serve four-year terms.
21 (3) (a) Each commission member shall hold office until his successor has been appointed
22 and qualified.
23 (b) If a vacancy occurs in the commission because of death, resignation, or otherwise, the
24 appointing authority shall appoint a successor, who shall hold office for the unexpired term.
25 (c) Five members of the commission are a quorum for the purpose of organizing and
26 conducting the business of the commission.
27 (d) The vote of a majority of members voting when a quorum is present is necessary for
28 the commission to take action.
29 (4) (a) At the initial meeting of the commission, the commission shall select one of its
30 number to serve as chair of the commission.
31 (b) The director of the Division of Facilities Construction and Management or his designee

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1 is the nonvoting secretary to the commission and shall provide staff services to the commission.
2 (5) (a) Members of the commission shall receive per diem and may be reimbursed for
3 expenses incurred in the performance of their official duties as established by the Division of
4 Finance.
5 (b) The commission shall meet at least once per year and at the call of the chair.
6 Section 3. Section 63A-5-403 is enacted to read:
7 63A-5-403. State Capitol Art Placement Commission -- Duties.
8 (1) The commission shall:
9 (a) review and approve the content and placement of each new piece of art to be placed
10 within any public area of the State Capitol Building;
11 (b) review and approve any proposals for removing or relocating any piece of art contained
12 in any public area of the State Capitol Building;
13 (c) review and approve the content and placement of each new exhibit to be placed within
14 any public area of the State Capitol Building;
15 (d) comply with the provisions of Title 63, Chapter 46a, Utah Administrative Rulemaking
16 Act, in making rules establishing procedures and requirements for placement of art and exhibits
17 in the State Capitol Building.
18 (2) The commission may, after consultation with affected government agencies, review
19 and make recommendations about any proposals for remodeling within the State Capitol Building.
20 (3) (a) If any conflicts exist between this part and Title 63A, Chapter 5, Part 2, Division
21 of Facilities Construction and Management, this part takes precedence.
22 (b) If any conflicts exist between this part and Section 36-5-1, Section 36-5-1 takes
23 precedence.




Legislative Review Note
as of 11-15-96 2:22 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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