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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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