S.B. 154

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CHANGES TO DIVISION OF STATE HISTORY
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 AN INVENTORY OF CEMETERIES IN THE STATE; APPROPRIATING $9,000 FROM
8 THE GENERAL FUND TO THE DIVISION OF STATE HISTORY FOR FISCAL YEAR
9 1997-98; AND PROVIDING AN EFFECTIVE DATE.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 9-8-203, as last amended by Chapter 256, Laws of Utah 1993
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 9-8-203 is amended to read:
15 9-8-203. Division duties.
16 (1) The division shall:
17 (a) stimulate research, study, and activity in the field of Utah history and related history;
18 (b) maintain a specialized history library;
19 (c) mark and preserve historic sites, areas, and remains;
20 (d) collect, preserve, and administer historical records relating to the history of Utah;
21 (e) administer, collect, preserve, document, interpret, develop, and exhibit historical
22 artifacts, documentary materials, and other objects relating to the history of Utah for educational
23 and cultural purposes;
24 (f) edit and publish historical records;
25 (g) cooperate with local, state, and federal agencies and schools and museums to provide
26 coordinated and organized activities for the collection, documentation, preservation, interpretation,
27 and exhibition of historical artifacts related to the state;

1 (h) provide grants and technical assistance as necessary and appropriate; and
2 (i) comply with the procedures and requirements of Title 63, Chapter 46b, Administrative
3 Procedures Act, in its adjudicative proceedings.
4 (2) The division may acquire or produce reproductions of historical artifacts and
5 documentary materials for educational and cultural use.
6 (3) To promote an appreciation of Utah history and to increase heritage tourism in the
7 state, the division shall:
8 (a) (i) create and maintain an inventory of all historic markers and monuments that are
9 accessible to the public throughout the state;
10 [(b)] (ii) enter into cooperative agreements with other groups and organizations to collect
11 and maintain the information needed for the inventory;
12 [(c)] (iii) encourage the use of volunteers to help collect the information and to maintain
13 the inventory;
14 [(d)] (iv) publicize the information in the inventory in a variety of forms and media,
15 especially to encourage Utah citizens and tourists to visit the markers and monuments;
16 [(e)] (v) work with public and private landowners, heritage organizations, and volunteer
17 groups to help maintain, repair, and landscape around the markers and monuments; and
18 [(f)] (vi) make the inventory available upon request to all other public and private history
19 and heritage organizations, tourism organizations and businesses, and others[.]; and
20 (b) (i) create and maintain an inventory of all active and inactive cemeteries throughout
21 the state;
22 (ii) enter into cooperative agreements with local governments and other groups and
23 organizations to collect and maintain the information needed for the inventory;
24 (iii) encourage the use of volunteers to help collect the information and to maintain the
25 inventory;
26 (iv) encourage cemetery owners to create and maintain geographic information systems
27 to record burial sites and encourage volunteers to do so for inactive and small historic cemeteries;
28 (v) publicize the information in the inventory in a variety of forms and media, especially
29 to encourage Utah citizens to participate in the care and upkeep of historic cemeteries;
30 (vi) work with public and private cemeteries, heritage organizations, genealogical groups,
31 and volunteer groups to help maintain, repair, and landscape cemeteries, grave sites, and

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1 tombstones; and
2 (vii) make the inventory available upon request to all other public and private history and
3 heritage organizations, tourism organizations and businesses, and others.
4 (4) This chapter may not be construed to authorize the division to acquire by purchase any
5 historical artifacts, documentary materials, or specimens that are restricted from sale by federal law
6 or the laws of any state, territory, or foreign nation.
7 Section 2. Appropriation.
8 There is appropriated from the General Fund $9,000 for fiscal year 1997-98 to the Division
9 of State History to create and maintain an inventory of all cemeteries throughout the state.
10 Section 3. Effective date.
11 This act takes effect on July 1, 1997.




Legislative Review Note
as of 1-29-97 2:29 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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