S.B. 72

1

DIVISION OF STATE HISTORY DUTIES
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: LeRay McAllister
5 AN ACT RELATING TO COMMUNITY AND ECONOMIC DEVELOPMENT; AMENDING
6 THE DUTIES OF THE DIVISION OF STATE HISTORY TO INCLUDE THE CREATION
7 OF A COMPUTERIZED RECORD OF BURIAL LOCATIONS IN THE STATE AND
8 GRANTING MATCHING FUNDS TO GATHER RELATED INFORMATION;
9 APPROPRIATING $250,000 FROM THE GENERAL FUND TO THE DIVISION OF STATE
10 HISTORY FOR FISCAL YEAR 1997-98; AND PROVIDING AN EFFECTIVE DATE.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 9-8-203, as last amended by Chapter 256, Laws of Utah 1993
14 9-8-205, as renumbered and amended by Chapters 241 and 286, Laws of Utah 1992
15 Be it enacted by the Legislature of the state of Utah:
16 Section 1. Section 9-8-203 is amended to read:
17 9-8-203. Division duties.
18 (1) The division shall:
19 (a) stimulate research, study, and activity in the field of Utah history and related history;
20 (b) maintain a specialized history library;
21 (c) mark and preserve historic sites, areas, and remains;
22 (d) collect, preserve, and administer historical records relating to the history of Utah;
23 (e) administer, collect, preserve, document, interpret, develop, and exhibit historical
24 artifacts, documentary materials, and other objects relating to the history of Utah for educational
25 and cultural purposes;
26 (f) edit and publish historical records;
27 (g) cooperate with local, state, and federal agencies and schools and museums to provide

1 coordinated and organized activities for the collection, documentation, preservation, interpretation,
2 and exhibition of historical artifacts related to the state;
3 (h) provide grants and technical assistance as necessary and appropriate; and
4 (i) comply with the procedures and requirements of Title 63, Chapter 46b, Administrative
5 Procedures Act, in its adjudicative proceedings.
6 (2) The division may acquire or produce reproductions of historical artifacts and
7 documentary materials for educational and cultural use.
8 (3) To promote an appreciation of Utah history and to increase heritage tourism in the
9 state, the division shall:
10 (a) (i) create and maintain an inventory of all historic markers and monuments that are
11 accessible to the public throughout the state;
12 [(b)] (ii) enter into cooperative agreements with other groups and organizations to collect
13 and maintain the information needed for the inventory;
14 [(c)] (iii) encourage the use of volunteers to help collect the information and to maintain
15 the inventory;
16 [(d)] (iv) publicize the information in the inventory in a variety of forms and media,
17 especially to encourage Utah citizens and tourists to visit the markers and monuments;
18 [(e)] (v) work with public and private landowners, heritage organizations, and volunteer
19 groups to help maintain, repair, and landscape around the markers and monuments; and
20 [(f)] (vi) make the inventory available upon request to all other public and private history
21 and heritage organizations, tourism organizations and businesses, and others[.]; and
22 (b) (i) create and maintain a computerized record of cemeteries and burial locations in a
23 state-coordinated and publicly accessible information system;
24 (ii) gather information for the information system created and maintained under
25 Subsection (3)(b)(i) by providing matching grants, upon approval by the board, to:
26 (A) municipal cemeteries;
27 (B) cemetery maintenance districts;
28 (C) endowment care cemeteries;
29 (D) private nonprofit cemeteries;
30 (E) genealogical associations; and
31 (F) other nonprofit groups with an interest in cemeteries; and

- 2 -

1 (iii) adopt rules, pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
2 for granting matching funds under Subsection (3)(b)(ii) to assure that:
3 (A) professional standards are met; and
4 (B) projects are cost effective.
5 (4) This chapter may not be construed to authorize the division to acquire by purchase any
6 historical artifacts, documentary materials, or specimens that are restricted from sale by federal law
7 or the laws of any state, territory, or foreign nation.
8 Section 2. Section 9-8-205 is amended to read:
9 9-8-205. Board duties and powers.
10 (1) The board shall:
11 (a) make policies to direct the division director in carrying out his duties;
12 (b) approve the division's rules;
13 (c) assist the division in development programs consistent with this chapter;
14 (d) function as the State Review Board for purposes of the historic preservation program;
15 (e) recommend districts, sites, buildings, structures, and objects for listing on the State and
16 National Historic Registers to the director; [and]
17 (f) review and approve, if appropriate, matching grants under Subsection 9-8-203(3)(b)(ii);
18 and
19 [(f)] (g) function as the board of the society.
20 (2) The board may establish advisory committees to assist it and the division in carrying
21 out their responsibilities under this chapter.
22 Section 3. Appropriation.
23 There is appropriated from the General Fund $250,000 for fiscal year 1997-98 to the
24 Division of State History with the Department of Community and Economic Development to
25 create and maintain a computerized record of cemeteries and burial locations, and to provide
26 matching grants under Section 9-8-203.
27 Section 4. Effective date.
28 This act takes effect on July 1, 1997.


- 3 -

Legislative Review Note
as of 1-30-97 11:45 AM

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

Office of Legislative Research and General Counsel

- 4 -