First Substitute S.B. 124

Senator Karen Hale proposes the following substitute bill:

1 CAPITOL ARTS PLACEMENT COMMISSION
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Karen Hale
5 This act modifies provisions of the State Commissions and Councils Code related to the
6 State Capitol Preservation Board. The act changes the name of the State Capitol Art
7 Placement Commission to the Art Placement Subcommittee of the State Capitol
8 Preservation Board, and modifies the duties of that subcommittee. The act defines
9 certain terms. The act makes technical revisions.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 63C-9-402, as enacted by Chapter 285, Laws of Utah 1998
13 63C-9-701, as renumbered and amended by Chapter 285, Laws of Utah 1998
14 63C-9-702, as last amended by Chapter 9, Laws of Utah 2000
15 63C-9-703, as renumbered and amended by Chapter 285, Laws of Utah 1998
16 Be it enacted by the Legislature of the state of Utah:
17 Section 1. Section 63C-9-402 is amended to read:
18 63C-9-402. Executive director -- Duties.
19 The executive director shall:
20 (1) develop for board approval a master plan with a projection of at least 20 years
21 concerning the maintenance, preservation, restoration, and modification of the capitol hill
22 facilities and capitol hill grounds, including, if directed by the board, a plan to restore the
23 buildings to their original architecture;
24 (2) develop for board approval a furnishings plan for the placement and care of objects
25 under the care of the board;

26 (3) prepare, and recommend for board approval, an annual budget and work plan
27 consistent with the master plan and the furnishings plan for all work under this chapter,
28 including usual maintenance for capitol hill facilities, the contents of capitol hill facilities, and
29 capitol hill grounds;
30 (4) develop a program to purchase or accept by donation, permanent loan, or outside
31 funding items necessary to implement the master plan;
32 (5) develop and maintain a registration system and inventory of the contents of the
33 capitol hill facilities and capitol hill grounds and of the original documents relating to the
34 buildings' construction and alteration;
35 (6) develop a program to purchase or accept by donation, permanent loan, or outside
36 funding items of historical significance that were at one time in the capitol hill facilities and
37 that are not owned by the state;
38 (7) develop a program to locate and acquire state-owned items of historical
39 significance that were at one time in the buildings;
40 (8) develop a collections policy regarding the items of historic significance as
41 identified in the registration system and inventory for the approval of the board;
42 (9) assist in matters dealing with the preservation of historic materials;
43 (10) make recommendations on conservation needs and make arrangements to contract
44 for conservation services for objects of significance;
45 (11) make recommendations for the transfer or loan of objects of significance as
46 detailed in the approved collections policy;
47 (12) make recommendations to transfer, sell, or otherwise dispose of unused surplus
48 property that is not of significance as defined in the collections policy and by the registration
49 system;
50 (13) approve all art and exhibits placed [in the buildings] on Capitol Hill after board
51 approval;
52 (14) employ staff to assist him in administering this chapter and direct and coordinate
53 their activities;
54 (15) contract for professional services of qualified consultants, including architectural
55 historians, landscape architects with experience in landscape architectural preservation,
56 conservators, historians, historic architects, engineers, artists, exhibit designers, and craftsmen;

57 and
58 (16) prepare annually a complete and detailed written report for the board that accounts
59 for all funds received and disbursed by the board during the preceding fiscal year.
60 Section 2. Section 63C-9-701 is amended to read:
61 Part 7. Art Placement Subcommittee to the State Capitol Preservation Board
62 63C-9-701. Definitions.
63 As used in this part:
64 (1) "Agency" means each agency, authority, board, bureau, commission, committee,
65 corporation, council, department, division, fund, institution, laboratory, library, office, officer,
66 panel, unit, or other administrative unit of the state.
67 (2) "Art" includes paintings, murals, photographs, pottery, sculpture, textiles,
68 monuments, memorials, and other visual and decorative arts.
69 [(3) "Commission" means the State Capitol Art Placement Commission established by
70 this part.]
71 [(4)] (3) "Exhibit" means a static visual explanatory or educational presentation.
72 [(5)] (4) "Public area" means [areas] any area either inside or outside any building on
73 capitol hill under the jurisdiction of the board under Subsection 63C-9-301 (1)(a) that is:
74 (a) open to the public; and
75 (b) not part of the offices of any government agency.
76 (5) "Subcommittee" means the Art Placement Subcommittee of the State Capitol
77 Preservation Board created in this part.
78 Section 3. Section 63C-9-702 is amended to read:
79 63C-9-702. Art Placement Subcommittee to the State Capitol Preservation Board
80 -- Created -- Membership -- Operations.
81 (1) (a) There is created [a State Capitol] an Art Placement [Commission]
82 Subcommittee to the State Capitol Preservation Board composed of 11 members appointed as
83 provided in this Subsection (1).
84 (b) (i) The governor shall appoint:
85 (A) an architect, from a list of three architects submitted by the American Institute of
86 Architects;
87 (B) an artist, from a list of three artists submitted by the Utah Arts Council Board of

88 Directors;
89 (C) an historian, from a list of three historians submitted by the Board of State History;
90 and
91 (D) a citizen to represent the public at large who is not a member of the State Capitol
92 Preservation Board.
93 (ii) The governor, as chair of the [State Capitol Preservation Board created in Section
94 63C-9-201 ] board, with the concurrence of the [State Capitol Preservation Board] board, shall
95 appoint a member of the [State Capitol Preservation Board] board as [an ex officio, nonvoting]
96 a voting member of the [State Capitol Art Placement Commission] subcommittee.
97 (c) The president of the Senate shall appoint three members, two from the majority
98 party and one from the minority party.
99 (d) The speaker of the House of Representatives shall appoint three members, two
100 from the majority party and one from the minority party.
101 (2) (a) (i) (A) [Voting commission] Subcommittee members appointed by the governor
102 shall serve four-year terms and may serve up to two consecutive terms.
103 (B) [Ex officio commission members] The board member appointed by the governor
104 [as chair of the State Capitol Preservation Board] under Subsection (1)(b)(ii) shall serve a
105 two-year [terms] term, and may be reappointed.
106 (ii) [Commission] Subcommittee members appointed by [the speaker and] the
107 president of the Senate and the speaker of the House of Representatives shall serve two-year
108 terms and may be reappointed.
109 (b) In appointing members to the first [commission] subcommittee, the governor shall
110 designate [one member] two members to serve a two-year term and two members to serve
111 four-year terms.
112 (3) (a) Each [commission] subcommittee member shall hold office until his successor
113 has been appointed and qualified.
114 (b) If a vacancy occurs in the [commission] subcommittee because of death,
115 resignation, or otherwise, the appointing authority shall appoint a successor, who shall hold
116 office for the unexpired term.
117 (c) Six voting members of the [commission] subcommittee are a quorum for the
118 purpose of organizing and conducting the business of the [commission] subcommittee.

119 (d) The vote of a majority of members voting when a quorum is present is necessary
120 for the [commission] subcommittee to take action.
121 (4) (a) At the initial meeting of the [commission] subcommittee, the [commission]
122 subcommittee shall select one of its number to serve as chair of the [commission]
123 subcommittee.
124 (b) The executive director of the [State Capitol Preservation Board is the nonvoting
125 secretary to the commission] board shall assist the subcommittee in their duties and shall
126 provide staff services to the [commission] subcommittee.
127 (5) (a) Members of the [commission] subcommittee shall receive per diem and may be
128 reimbursed for expenses incurred in the performance of their official duties as established by
129 the Division of Finance.
130 (b) The [commission] subcommittee shall meet at least [once per year and at the call of
131 the chair] quarterly.
132 Section 4. Section 63C-9-703 is amended to read:
133 63C-9-703. Art Placement Subcommittee of the State Capitol Preservation Board
134 -- Duties.
135 (1) The [commission] subcommittee shall:
136 (a) review and make recommendations to the board about the content and placement of
137 each new piece of art to be placed within any public area [of the State Capitol Building to the
138 State Capitol Preservation Board] on capitol hill;
139 (b) review and make recommendations to the board about any proposals for removing
140 or relocating any piece of art contained in any public area [of the State Capitol Building to the
141 State Capitol Preservation Board] on capitol hill; and
142 (c) review and make recommendations to the board about the content and placement of
143 each new exhibit to be placed within any public area [of the State Capitol Building to the State
144 Capitol Preservation Board] on capitol hill.
145 [(2) The commission has exclusive authority to make official recommendations to the
146 State Capitol Preservation Board about content, placement, removal, and relocation of art and
147 exhibits on capitol hill.]
148 [(3)] (2) If any conflicts exist between this part and Section 36-5-1 , Section 36-5-1
149 takes precedence.