S.B. 124 Enrolled

CAPITOL ARTS PLACEMENT COMMISSION
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: Karen Hale
This act modifies provisions of the State Commissions and Councils Code related to the
State Capitol Preservation Board. The act changes the name of the State Capitol Art
Placement Commission to the Art Placement Subcommittee of the State Capitol
Preservation Board, and modifies the duties of that subcommittee. The act modifies
duties of the executive director of the State Capitol Preservation Board relating to art
and exhibits. The act defines certain terms. The act makes technical revisions.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
63C-9-402, as enacted by Chapter 285, Laws of Utah 1998
63C-9-701, as renumbered and amended by Chapter 285, Laws of Utah 1998
63C-9-702, as last amended by Chapter 9, Laws of Utah 2000
63C-9-703, as renumbered and amended by Chapter 285, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63C-9-402 is amended to read:
63C-9-402. Executive director -- Duties.
The executive director shall:
(1) develop for board approval a master plan with a projection of at least 20 years
concerning the maintenance, preservation, restoration, and modification of the capitol hill
facilities and capitol hill grounds, including, if directed by the board, a plan to restore the
buildings to their original architecture;
(2) develop for board approval a furnishings plan for the placement and care of objects
under the care of the board;
(3) prepare, and recommend for board approval, an annual budget and work plan
consistent with the master plan and the furnishings plan for all work under this chapter,
including usual maintenance for capitol hill facilities, the contents of capitol hill facilities, and

capitol hill grounds;
(4) develop a program to purchase or accept by donation, permanent loan, or outside
funding items necessary to implement the master plan;
(5) develop and maintain a registration system and inventory of the contents of the
capitol hill facilities and capitol hill grounds and of the original documents relating to the
buildings' construction and alteration;
(6) develop a program to purchase or accept by donation, permanent loan, or outside
funding items of historical significance that were at one time in the capitol hill facilities and that
are not owned by the state;
(7) develop a program to locate and acquire state-owned items of historical significance
that were at one time in the buildings;
(8) develop a collections policy regarding the items of historic significance as identified
in the registration system and inventory for the approval of the board;
(9) assist in matters dealing with the preservation of historic materials;
(10) make recommendations on conservation needs and make arrangements to contract
for conservation services for objects of significance;
(11) make recommendations for the transfer or loan of objects of significance as detailed
in the approved collections policy;
(12) make recommendations to transfer, sell, or otherwise dispose of unused surplus
property that is not of significance as defined in the collections policy and by the registration
system;
(13) approve all art and exhibits placed [in the buildings] on Capitol Hill after board
approval;
(14) employ staff to assist him in administering this chapter and direct and coordinate
their activities;
(15) contract for professional services of qualified consultants, including architectural
historians, landscape architects with experience in landscape architectural preservation,
conservators, historians, historic architects, engineers, artists, exhibit designers, and craftsmen;

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and
(16) prepare annually a complete and detailed written report for the board that accounts
for all funds received and disbursed by the board during the preceding fiscal year.
Section 2. Section 63C-9-701 is amended to read:
Part 7. Art Placement Subcommittee to the State Capitol Preservation Board
63C-9-701. Definitions.
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, murals, photographs, pottery, sculpture, textiles,
monuments, memorials, and other visual and decorative arts.
[(3) "Commission" means the State Capitol Art Placement Commission established by
this part.]
[(4)] (3) "Exhibit" means a static visual explanatory or educational presentation.
[(5)] (4) "Public area" means [areas] any area either inside or outside any building on
capitol hill under the jurisdiction of the board under Subsection 63C-9-301 (1)(a) that is:
(a) open to the public; and
(b) not part of the offices of any government agency.
(5) "Subcommittee" means the Art Placement Subcommittee of the State Capitol
Preservation Board created in this part.
Section 3. Section 63C-9-702 is amended to read:
63C-9-702. Art Placement Subcommittee to the State Capitol Preservation Board --
Created -- Membership -- Operations.
(1) (a) There is created [a State Capitol] an Art Placement [Commission] Subcommittee
to the State Capitol Preservation Board composed of 11 members appointed as provided in this
Subsection (1).
(b) (i) The governor shall appoint:

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(A) an architect, from a list of three architects submitted by the American Institute of
Architects;
(B) an artist, from a list of three artists submitted by the Utah Arts Council Board of
Directors;
(C) an historian, from a list of three historians submitted by the Board of State History;
and
(D) a citizen to represent the public at large who is not a member of the State Capitol
Preservation Board.
(ii) The governor, as chair of the [State Capitol Preservation Board created in Section
63C-9-201 ] board, with the concurrence of the [State Capitol Preservation Board] board, shall
appoint a member of the [State Capitol Preservation Board] board as [an ex officio, nonvoting] a
voting member of the [State Capitol Art Placement Commission] subcommittee.
(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 of Representatives shall appoint three members, two from
the majority party and one from the minority party.
(2) (a) (i) (A) [Voting commission] Subcommittee members appointed by the governor
shall serve four-year terms and may serve up to two consecutive terms.
(B) [Ex officio commission members] The board member appointed by the governor [as
chair of the State Capitol Preservation Board] under Subsection (1)(b)(ii) shall serve a two-year
[terms] term, and may be reappointed.
(ii) [Commission] Subcommittee members appointed by [the speaker and] the president
of the Senate and the speaker of the House of Representatives shall serve two-year terms and
may be reappointed.
(b) In appointing members to the first [commission] subcommittee, the governor shall
designate [one member] two members to serve a two-year term and two members to serve
four-year terms.
(3) (a) Each [commission] subcommittee member shall hold office until his successor

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has been appointed and qualified.
(b) If a vacancy occurs in the [commission] subcommittee because of death, resignation,
or otherwise, the appointing authority shall appoint a successor, who shall hold office for the
unexpired term.
(c) Six voting members of the [commission] subcommittee are a quorum for the purpose
of organizing and conducting the business of the [commission] subcommittee.
(d) The vote of a majority of members voting when a quorum is present is necessary for
the [commission] subcommittee to take action.
(4) (a) At the initial meeting of the [commission] subcommittee, the [commission]
subcommittee shall select one of its number to serve as chair of the [commission] subcommittee.
(b) The executive director of the [State Capitol Preservation Board is the nonvoting
secretary to the commission] board shall assist the subcommittee in their duties and shall provide
staff services to the [commission] subcommittee.
(5) (a) Members of the [commission] subcommittee shall receive per diem and may be
reimbursed for expenses incurred in the performance of their official duties as established by the
Division of Finance.
(b) The [commission] subcommittee shall meet at least [once per year and at the call of
the chair] quarterly.
Section 4. Section 63C-9-703 is amended to read:
63C-9-703. Art Placement Subcommittee of the State Capitol Preservation Board --
Duties.
(1) The [commission] subcommittee shall:
(a) review and make recommendations to the board about the content and placement of
each new piece of art to be placed within any public area [of the State Capitol Building to the
State Capitol Preservation Board] on capitol hill;
(b) review and make recommendations to the board about any proposals for removing or
relocating any piece of art contained in any public area [of the State Capitol Building to the State
Capitol Preservation Board] on capitol hill; and

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(c) review and make recommendations to the board about the content and placement of
each new exhibit to be placed within any public area [of the State Capitol Building to the State
Capitol Preservation Board] on capitol hill.
[(2) The commission has exclusive authority to make official recommendations to the
State Capitol Preservation Board about content, placement, removal, and relocation of art and
exhibits on capitol hill.]
[(3)] (2) If any conflicts exist between this part and Section 36-5-1 , Section 36-5-1 takes
precedence.

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