First Substitute H.B. 135

Representative Sheryl L. Allen proposes the following substitute bill:

1 GRANTS FROM DEPARTMENT OF COMMUNITY
2 AND CULTURE
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Sheryl L. Allen
6 Senate Sponsor: Dan R. Eastman
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions of Title 9, Community and Culture Development,
11 regarding grant programs administered by various divisions, offices, and boards within
12 the Department of Community and Culture in the divisions of Arts and Museums, State
13 Library, and State History.
14 Highlighted Provisions:
15 This bill:
16 . provides that the Board of Directors of the Utah Arts Council, the Museum Services
17 Advisory Board, the State Library Board, and the Board of State History prepare
18 and submit an annual request to the governor and Legislature for prioritized capital
19 facilities grants to be awarded to eligible applicants;
20 . provides an annual cutoff date for receiving grant applications and for submission of
21 prioritized capital requests to the governor and Legislature;
22 . allows divisions within the Department of Community and Culture charged with
23 administering an independent grant to use up to 3% of the grant money for technical
24 assistance and administrative overhead costs; and
25 . makes certain technical changes.

26 Monies Appropriated in this Bill:
27 This bill appropriates:
28 . as an ongoing appropriation subject to future budget constraints, $7,700,000 from
29 the General Fund for fiscal year 2008-09 to the Department of Community and
30 Culture.
31 Other Special Clauses:
32 None
33 Utah Code Sections Affected:
34 AMENDS:
35 9-6-205, as last amended by Laws of Utah 2005, Chapter 48
36 9-6-605, as renumbered and amended by Laws of Utah 2006, Chapter 24
37 9-7-205, as last amended by Laws of Utah 2001, Chapter 73
38 9-8-205, as last amended by Laws of Utah 1997, Chapter 353
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 9-6-205 is amended to read:
42 9-6-205. Board powers and duties.
43 (1) The board may:
44 (a) make, amend, or repeal rules for the conduct of its business in governing the
45 institute and the division in accordance with Title 63, Chapter 46a, Utah Administrative
46 Rulemaking Act;
47 (b) receive gifts, bequests, and property; and
48 (c) issue certificates and offer and confer prizes, certificates, and awards for works of
49 art and achievement in the arts.
50 (2) The board shall make policy for the institute and for the division.
51 (3) (a) By September 30 of each year, the board shall prepare and submit a request to
52 the governor and the Legislature for prioritized capital facilities grants to be awarded to eligible
53 individuals and organizations under this part and Parts 3 through 5.
54 (b) The board shall prepare a list of the requested capital facilities grants in a
55 prioritized order and include a written explanation of:
56 (i) the total grant amount requested in the list; and

57 (ii) the basis of its prioritization of requested grants on the list.
58 (c) The board shall accept applications for capital facilities grants through June 1 of
59 each year, prior to compiling and submitting its yearly request to the governor and the
60 Legislature under Subsection (3)(a).
61 (4) When charged with administering an independent grant, the Division of Arts and
62 Museums may retain up to 3% of the money provided for the grant for technical assistance and
63 administrative overhead costs, but not less than $500 nor more than $10,000 dependent on the
64 size and complexity of the grant being administered.
65 Section 2. Section 9-6-605 is amended to read:
66 9-6-605. Board -- Duties.
67 (1) The board is the policymaking body for the office.
68 (2) The board shall, in consultation with the director of the office:
69 (a) set policies and, in accordance with Title 63, Chapter 46a, Utah Administrative
70 Rulemaking Act, make rules governing:
71 (i) the office grants program; and
72 (ii) the awarding of grants to assist Utah's eligible museums; and
73 (b) set eligibility guidelines for grants administered through the office.
74 (3) (a) By September 30 of each year, the board shall prepare and submit a request to
75 the governor and the Legislature for prioritized capital facilities grants to be awarded to eligible
76 museums under this part.
77 (b) The board shall prepare a list of the requested capital facilities grants in a
78 prioritized order and include a written explanation of:
79 (i) the total grant amount requested in the list; and
80 (ii) the basis of its prioritization of requested grants on the list.
81 (c) The board shall accept applications for capital facilities grants through June 1 of
82 each year, prior to compiling and submitting its yearly request to the governor and the
83 Legislature under Subsection (3)(a).
84 (4) When charged with administering an independent grant, the Division of Arts and
85 Museums may retain up to 3% of the money provided for the grant for technical assistance and
86 administrative overhead costs, but not less than $500 nor more than $10,000 dependent on the
87 size and complexity of the grant being administered.

88 Section 3. Section 9-7-205 is amended to read:
89 9-7-205. Duties of board and director.
90 (1) The board shall:
91 (a) promote, develop, and organize a state library and make provisions for its housing;
92 (b) promote and develop library services throughout the state in cooperation with [any
93 and all] other state or municipal libraries, schools, or other agencies wherever practical;
94 (c) promote the establishment of district, regional, or multicounty libraries as
95 conditions within particular areas of the state may require;
96 (d) supervise the books and materials of the state library and require the keeping of
97 careful and complete records of the condition and affairs of the state library [to be kept];
98 (e) establish policies for the administration of the division and for the control,
99 distribution, and lending of books and materials to those libraries, institutions, groups, or
100 individuals entitled to them under this chapter;
101 (f) serve as the agency of the state for the administration of [any] state or federal funds
102 that may be appropriated to further library development within the state;
103 (g) aid and provide general advisory assistance in the development of statewide school
104 library service and encourage contractual and cooperative relations between school and public
105 libraries;
106 (h) give assistance, advice, and counsel to all tax-supported libraries [of any type]
107 within the state and to all communities or persons proposing to establish them and conduct
108 courses and institutes on the approved methods of operation, selection of books, or other
109 activities necessary to the proper administration of a library;
110 (i) furnish or contract for the furnishing of library or information service to state
111 officials, state departments, or any groups that in the opinion of the director warrant the
112 furnishing of those services, particularly through the facilities of traveling libraries to those
113 parts of the state otherwise inadequately supplied by libraries;
114 (j) where sufficient need exists and if the director considers it advisable, establish and
115 maintain special departments in the state library to provide services for the blind, visually
116 impaired, persons with disabilities, and professional, occupational, and other groups;
117 (k) administer a depository library program by collecting state publications, and
118 providing a bibliographic information system;

119 (l) require [that] the collection of information and statistics necessary to the work of
120 the state library [be collected,] and [that] the distribution of findings and reports [be published];
121 (m) make any report concerning the activities of the state library to the governor as [he]
122 the governor may require; and
123 (n) develop standards for public libraries.
124 (2) (a) By September 30 of each year, the board shall prepare and submit a request to
125 the governor and the Legislature for prioritized capital facilities grants to be awarded to eligible
126 libraries under this chapter.
127 (b) The board shall prepare a list of the requested capital facilities grants in a
128 prioritized order and include a written explanation of:
129 (i) the total grant amount requested in the list; and
130 (ii) the basis of its prioritization of requested grants on the list.
131 (c) The board shall accept applications for capital facilities grants through June 1 of
132 each year, prior to compiling and submitting its yearly request to the governor and Legislature
133 under Subsection (2)(a).
134 (3) When charged with administering an independent grant, the State Library Division
135 may retain up to 3% of the money provided for the grant for technical assistance and
136 administrative overhead costs, but not less than $500 nor more than $10,000 dependent on the
137 size and complexity of the grant being administered.
138 [(2)] (4) The director shall, under the policy direction of the board, carry out the
139 responsibilities under Subsection (1).
140 Section 4. Section 9-8-205 is amended to read:
141 9-8-205. Board duties and powers.
142 (1) The board shall:
143 (a) make policies to direct the division director in carrying out [his] the director's
144 duties;
145 (b) approve the division's rules;
146 (c) assist the division in development programs consistent with this chapter;
147 (d) function as the State Review Board for purposes of the historic preservation
148 program;
149 (e) recommend districts, sites, buildings, structures, and objects for listing on the State

150 and National Historic Registers to the director;
151 (f) review and approve, if appropriate, matching grants under Subsection
152 9-8-203 (3)[(b)](c)(ii); and
153 (g) function as the board of the society.
154 (2) (a) By September 30 of each year, the board shall prepare and submit a request to
155 the governor and the Legislature for prioritized capital facilities grants to be awarded to eligible
156 institutions under this chapter.
157 (b) The board shall prepare a list of the requested capital facilities grants in a
158 prioritized order and include a written explanation of:
159 (i) the total grant amount requested in the list; and
160 (ii) the basis of its prioritization of requested grants on the list.
161 (c) The board shall accept applications for capital facilities grants by June 1 of each
162 year, prior to compiling and submitting its yearly request to the governor and Legislature under
163 Subsection (2)(a).
164 (3) When charged with administering an independent grant, the Division of State
165 History may retain up to 3% of the money provided for the grant for technical assistance and
166 administrative overhead costs, but not less than $500 nor more than $10,000 dependent on the
167 size and complexity of the grant being administered.
168 [(2)] (4) The board may establish advisory committees to assist it and the division in
169 carrying out their responsibilities under this chapter.
170 Section 5. Appropriation.
171 As an ongoing appropriation subject to future budget constraints, there is appropriated
172 from the General Fund for fiscal year 2008-09, $7,700,000 to the Department of Community
173 and Culture to fund the programmatic component of the grant programs administered by
174 divisions within the Department under Title 9, Chapters 6, 7, and 8 as follows:
175 (1) $4,000,000 to the Division of Arts and Museums, $2,700,000 of which shall go to
176 the Board of Directors of the Utah Arts Council and $1,300,000 of which shall go to the Office
177 of Museum Services and the Museum Services Advisory Board;
178 (2) $2,700,000 to the State Library Division and the State Library Board; and
179 (3) $1,000,000 to the Division of State History and the State History Board.