1     
CAPITAL FACILITIES REVISIONS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Rebecca P. Edwards

5     
Senate Sponsor: Jerry W. Stevenson

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the Department of Heritage and Arts.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines pass-through funding;
13          ▸     provides department duties related to pass-through funding;
14          ▸     removes references and certain requirements related to pass-through funding and
15     capital facilities grants; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          9-1-102, as last amended by Laws of Utah 2012, Chapter 212
24          9-1-201, as last amended by Laws of Utah 2014, Chapter 371
25          9-6-102, as last amended by Laws of Utah 2012, Chapter 212
26          9-6-201, as last amended by Laws of Utah 2015, Chapter 350
27          9-6-205, as last amended by Laws of Utah 2014, Chapter 189
28          9-6-603, as last amended by Laws of Utah 2010, Chapter 111
29          9-6-605, as last amended by Laws of Utah 2012, Chapter 212
30          9-7-101, as last amended by Laws of Utah 2010, Chapter 111
31          9-7-203, as last amended by Laws of Utah 2010, Chapter 111
32          9-7-205, as last amended by Laws of Utah 2010, Chapter 111
33          9-8-102, as last amended by Laws of Utah 2010, Chapter 111
34          9-8-203, as last amended by Laws of Utah 2014, Chapter 123
35          9-8-205, as last amended by Laws of Utah 2010, Chapter 111
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 9-1-102 is amended to read:
39          9-1-102. Definitions.
40          As used in this title:
41          [(2)] (1) "Department" means the Department of Heritage and Arts.
42          [(1)] (2) "Executive director" means the executive director of the Department of
43     Heritage and Arts.
44          (3) (a) "Pass-through funding" means funding from an appropriation by the Legislature
45     to a state agency that is intended to be passed through the state agency to:
46          (i) a government or local government entity;
47          (ii) a private entity, including a not-for-profit entity; or
48          (iii) a person in the form of a loan or a grant.
49          (b) The funding may come from general funds, federal funds, dedicated credits, or a
50     combination of funding sources.
51          Section 2. Section 9-1-201 is amended to read:
52          9-1-201. Department of Heritage and Arts -- Creation -- Powers and duties.
53          (1) There is created the Department of Heritage and Arts.
54          (2) The department shall:
55          (a) be responsible for preserving and promoting the heritage of the state, the arts in the
56     state, and cultural development within the state;
57          (b) perform heritage, arts, and cultural development planning for the state;
58          (c) coordinate the program plans of the various divisions within the department;
59          (d) administer and coordinate all state or federal grant programs which are, or become,
60     available for heritage, arts, and cultural development;
61          (e) administer any other programs over which the department is given administrative
62     supervision by the governor;
63          (f) submit an annual written report to the governor and the Legislature as described in
64     Section 9-1-208; and
65          (g) perform any other duties as provided by the Legislature.
66          (3) The department may solicit and accept contributions of money, services, and
67     facilities from any other sources, public or private, but may not use those contributions for
68     publicizing the exclusive interest of the donor.
69          (4) Money received under Subsection (3) shall be deposited in the General Fund as
70     restricted revenues of the department.
71          (5) (a) For a pass-through funding grant of $25,000 or more, the department shall make
72     quarterly disbursements to the pass-through funding grant recipient, contingent upon the
73     department receiving a quarterly progress report from the pass-through funding grant recipient.
74          (b) The department shall:
75          (i) provide the pass-through funding grant recipient with a progress report form for the
76     reporting purposes described in Subsection (5)(a); and
77          (ii) include reporting requirement instructions with the form.
78          Section 3. Section 9-6-102 is amended to read:
79          9-6-102. Definitions.
80          As used in this chapter:
81          (1) "Advisory board" means the Museum Services Advisory Board created in Section
82     9-6-604.
83          (2) "Board" means the Board of Directors of the Utah Arts Council created in Section
84     9-6-204.
85          (3) "Council" means the Utah Arts Council created in Section 9-6-301.
86          (4) "Director" means the director of the Division of Arts and Museums.
87          (5) "Division" means the Division of Arts and Museums.
88          (6) "Museum" means an organized and permanent institution that:
89          (a) is owned or controlled by the state, a county, or a municipality, or is a nonprofit
90     organization;
91          (b) has an educational or aesthetic purpose;
92          (c) owns or curates a tangible collection; and
93          (d) exhibits the collection to the public on a regular schedule.
94          (7) "Office" means the Office of Museum Services created in Section 9-6-602.
95          [(8) (a) "Pass-through funding" means funds appropriated by the Legislature to a state
96     agency that are intended to be passed through the state agency to:]
97          [(i) local governments;]
98          [(ii) other government agencies;]
99          [(iii) private organizations, including not-for-profits; or]
100          [(iv) persons in the form of a loan or grant.]
101          [(b) The funding may be:]
102          [(i) general funds, federal funds, dedicated credits, or any combination of funding
103     sources; and]
104          [(ii) ongoing or one-time.]
105          Section 4. Section 9-6-201 is amended to read:
106          9-6-201. Division of Arts and Museums -- Creation -- Powers and duties.
107          (1) There is created within the department the Division of Arts and Museums under the
108     administration and general supervision of the executive director or the designee of the
109     executive director.
110          (2) The division shall be under the policy direction of the board.
111          (3) The division shall advance the interests of the arts, in all their phases, within the
112     state, and to that end shall:
113          (a) cooperate with and locally sponsor federal agencies and projects directed to similar
114     undertakings;
115          (b) develop the influence of arts in education;
116          (c) involve the private sector, including businesses, charitable interests, educational
117     interests, manufacturers, agriculturalists, and industrialists in these endeavors;
118          (d) utilize broadcasting facilities and the power of the press in disseminating
119     information; and
120          (e) foster, promote, encourage, and facilitate, not only a more general and lively study
121     of the arts, but take all necessary and useful means to stimulate a more abundant production of
122     an indigenous art in this state.
123          (4) The board shall set policy to guide the division in accomplishing the purposes set
124     forth in Subsection (3).
125          (5) Except for arts development projects under Section 9-6-804, the division may not
126     grant funds for the support of any arts project under this section unless the project has been first
127     approved by the board.
128          [(6) (a) For a pass-through funding grant of at least $25,000, the division shall make
129     quarterly disbursements to the pass-through funding grant recipient, contingent upon the
130     division receiving a quarterly progress report from the pass-through grant recipient.]
131          [(b) The division shall:]
132          [(i) provide the pass-through grant recipient with a progress report form for the
133     reporting purposes of Subsection (6)(a); and]
134          [(ii) include reporting requirement instructions with the form.]
135          Section 5. Section 9-6-205 is amended to read:
136          9-6-205. Board powers and duties.
137          (1) The board may:
138          (a) make, amend, or repeal rules for the conduct of its business in governing the
139     council in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
140          (b) receive gifts, bequests, and property; and
141          (c) issue certificates and offer and confer prizes, certificates, and awards for works of
142     art and achievement in the arts.
143          (2) The board shall make policy for the council.
144          [(3) (a) By September 30 of each year, the board shall prepare and submit a request to
145     the governor and the Legislature for prioritized capital facilities grants to be awarded to eligible
146     individuals and organizations under this part, Part 3, Utah Arts Council, Part 4, Utah
147     Percent-for-Art Act, and Part 5, State Arts Endowment.]
148          [(b) The board shall prepare a list of the requested capital facilities grants in a
149     prioritized order and include a written explanation of:]
150          [(i) the total grant amount requested in the list; and]
151          [(ii) the basis of its prioritization of requested grants on the list.]
152          [(c) The board shall accept applications for capital facilities grants through June 1 of
153     each year, prior to compiling and submitting its yearly request to the governor and the
154     Legislature under Subsection (3)(a).]
155          Section 6. Section 9-6-603 is amended to read:
156          9-6-603. Duties of office.
157          [(1)] The office shall:
158          [(a)] (1) recommend to the Museum Services Advisory Board:
159          [(i)] (a) policies regarding:
160          [(A)] (i) a grants program; and
161          [(B)] (ii) the equitable dissemination of office technical assistance; and
162          [(ii)] (b) guidelines for determining eligibility for office grants;
163          [(b)] (2) advise state and local government agencies and employees regarding museum
164     related issues, including museum capital development projects;
165          [(c)] (3) provide to Utah museums technical advice and information about sources of
166     direct technical assistance;
167          [(d)] (4) assist and advise Utah museums in locating sources of training for [their]
168     museum staff members;
169          [(e)] (5) develop and coordinate programs, workshops, seminars, and similar activities
170     designed to provide training for staff members of Utah museums;
171          [(f)] (6) undertake scholarly research as necessary to understand the training needs of
172     the museum community and to assess how those needs could best be met;
173          [(g)] (7) administer a state Museum Grant Program to assist eligible Utah museums;
174     and
175          [(h)] (8) establish a program by January 1, 2009, by rule, creating a certified local
176     museum designation, including any provisions necessary to ensure public confidence in
177     charitable solicitation undertaken by a certified local museum.
178          [(2) (a) For a pass-through funding grant of at least $25,000, the office shall make
179     quarterly disbursements to the pass-through funding grant recipient, contingent upon the office
180     receiving a quarterly progress report from the pass-through grant recipient.]
181          [(b) The office shall:]
182          [(i) provide the pass-through grant recipient with a progress report form for the
183     reporting purposes of Subsection (2)(a); and]
184          [(ii) include reporting requirement instructions with the form.]
185          Section 7. Section 9-6-605 is amended to read:
186          9-6-605. Advisory board -- Duties.
187          (1) The advisory board is the policymaking body for the office.
188          (2) The advisory board shall, in consultation with the director of the office:
189          (a) set policies and, in accordance with Title 63G, Chapter 3, Utah Administrative
190     Rulemaking Act, make rules governing:
191          (i) the office grants program; and
192          (ii) the awarding of grants to assist Utah's eligible museums; and
193          (b) set eligibility guidelines for grants administered through the office.
194          [(3) (a) By September 30 of each year, the advisory board shall prepare and submit a
195     request to the governor and the Legislature for prioritized capital facilities grants to be awarded
196     to eligible museums under this part.]
197          [(b) The advisory board shall prepare a list of the requested capital facilities grants in a
198     prioritized order and include a written explanation of:]
199          [(i) the total grant amount requested in the list; and]
200          [(ii) the basis of its prioritization of requested grants on the list.]
201          [(c) The advisory board shall accept applications for capital facilities grants through
202     June 1 of each year, prior to compiling and submitting its yearly request to the governor and the
203     Legislature under Subsection (3)(a).]
204          Section 8. Section 9-7-101 is amended to read:
205          9-7-101. Definitions.
206          As used in this chapter:
207          (1) "Division" means the State Library Division.
208          (2) "Library board" means the library board of directors appointed locally as authorized
209     by Section 9-7-402 or 9-7-502 and which exercises general policy authority for library services
210     within a city or county of the state, regardless of the title by which [it] the board is known
211     locally.
212          [(3) (a) "Pass-through funding" means funds appropriated by the Legislature to a state
213     agency that are intended to be passed through the state agency to:]
214          [(i) local governments;]
215          [(ii) other government agencies;]
216          [(iii) private organizations, including not-for-profits; or]
217          [(iv) persons in the form of a loan or grant.]
218          [(b) The funding may be:]
219          [(i) general funds, federal funds, dedicated credits, or any combination of funding
220     sources; and]
221          [(ii) ongoing or one-time.]
222          [(4)] (3) "Physical format" means a transportable medium in which analog or digital
223     information is published, such as print, microform, magnetic disk, or optical disk.
224          [(5)] (4) "Policy" means the public library online access policy adopted by a library
225     board to meet the requirements of Section 9-7-215.
226          [(6)] (5) "Political subdivision" means a county, city, town, school district, public
227     transit district, redevelopment agency, or special improvement or taxing district.
228          [(7)] (6) "State agency" means the state, an office, department, agency, authority,
229     commission, board, institution, hospital, college, university, or other instrumentality of the
230     state.
231          [(8)] (7) (a) "State publication" means a book, compilation, directory, document,
232     contract or grant report, hearing memorandum, journal, law, legislative bill, magazine, map,
233     monograph, order, ordinance, pamphlet, periodical, proceeding, public memorandum,
234     resolution, register, rule, report, statute, audiovisual material, electronic publication,
235     micrographic form and tape or disc recording regardless of format or method of reproduction,
236     issued or published by a state agency or political subdivision for distribution.
237          (b) "State publication" does not include correspondence, internal confidential
238     publications, office memoranda, university press publications, or publications of the state
239     historical society.
240          Section 9. Section 9-7-203 is amended to read:
241          9-7-203. Division duties.
242          [(1)] The division shall:
243          [(a)] (1) establish, operate, and maintain a state publications collection, a digital library
244     of state publications, a bibliographic control system, and depositories as provided in this part;
245          [(b)] (2) cooperate with:
246          [(i)] (a) other agencies to facilitate public access to government information through
247     electronic networks or other means;
248          [(ii)] (b) other state or national libraries or library agencies; and
249          [(iii)] (c) the federal government or agencies in accepting federal aid whether in the
250     form of funds or otherwise;
251          [(c)] (3) receive bequests, gifts, and endowments of money and deposit the funds with
252     the state treasurer to be placed in the State Library Donation Fund, which funds shall be held
253     for the purpose, if any, specifically directed by the donor; and
254          [(d)] (4) receive bequests, gifts, and endowments of property to be held, used, or
255     disposed of, as directed by the donor, with the approval of the Division of Finance.
256          [(2) (a) For a pass-through funding grant of at least $25,000, the division shall make
257     quarterly disbursements to the pass-through funding grant recipient, contingent upon the
258     division receiving a quarterly progress report from the pass-through grant recipient.]
259          [(b) The division shall:]
260          [(i) provide the pass-through grant recipient with a progress report form for the
261     reporting purposes of Subsection (2)(a); and]
262          [(ii) include reporting requirement instructions with the form.]
263          Section 10. Section 9-7-205 is amended to read:
264          9-7-205. Duties of board and director.
265          (1) The board shall:
266          (a) promote, develop, and organize a state library and make provisions for its housing;
267          (b) promote and develop library services throughout the state in cooperation with other
268     state or municipal libraries, schools, or other agencies wherever practical;
269          (c) promote the establishment of district, regional, or multicounty libraries as
270     conditions within particular areas of the state may require;
271          (d) supervise the books and materials of the state library and require the keeping of
272     careful and complete records of the condition and affairs of the state library;
273          (e) establish policies for the administration of the division and for the control,
274     distribution, and lending of books and materials to those libraries, institutions, groups, or
275     individuals entitled to them under this chapter;
276          (f) serve as the agency of the state for the administration of state or federal funds that
277     may be appropriated to further library development within the state;
278          (g) aid and provide general advisory assistance in the development of statewide school
279     library service and encourage contractual and cooperative relations between school and public
280     libraries;
281          (h) give assistance, advice, and counsel to all tax-supported libraries within the state
282     and to all communities or persons proposing to establish [them] a tax-supported library and
283     conduct courses and institutes on the approved methods of operation, selection of books, or
284     other activities necessary to the proper administration of a library;
285          (i) furnish or contract for the furnishing of library or information service to state
286     officials, state departments, or any groups that in the opinion of the director warrant the
287     furnishing of those services, particularly through the facilities of traveling libraries to those
288     parts of the state otherwise inadequately supplied by libraries;
289          (j) where sufficient need exists and if the director considers it advisable, establish and
290     maintain special departments in the state library to provide services for the blind, visually
291     impaired, persons with disabilities, and professional, occupational, and other groups;
292          (k) administer a depository library program by collecting state publications, and
293     providing a bibliographic information system;
294          (l) require the collection of information and statistics necessary to the work of the state
295     library and the distribution of findings and reports;
296          (m) make any report concerning the activities of the state library to the governor as the
297     governor may require; and
298          (n) develop standards for public libraries.
299          [(2) (a) By September 30 of each year, the board shall prepare and submit a request to
300     the governor and the Legislature for prioritized capital facilities grants to be awarded to eligible
301     libraries under this chapter.]
302          [(b) The board shall prepare a list of the requested capital facilities grants in a
303     prioritized order and include a written explanation of:]
304          [(i) the total grant amount requested in the list; and]
305          [(ii) the basis of its prioritization of requested grants on the list.]
306          [(c) The board shall accept applications for capital facilities grants through June 1 of
307     each year, prior to compiling and submitting its yearly request to the governor and Legislature
308     under Subsection (2)(a).]
309          [(3)] (2) The director shall, under the policy direction of the board, carry out the
310     responsibilities under Subsection (1).
311          Section 11. Section 9-8-102 is amended to read:
312          9-8-102. Definitions.
313          As used in this chapter:
314          (1) "Board" means the Board of State History.
315          (2) "Director" means the director of the Division of State History.
316          (3) "Division" means the Division of State History.
317          (4) "Documentary materials" means written or documentary information contained in
318     published materials, manuscript collections, archival materials, photographs, sound recordings,
319     motion pictures, and other written, visual, and aural materials, except government records.
320          (5) "Historical artifacts" means objects produced or shaped by human efforts, a natural
321     object deliberately selected and used by a human, an object of aesthetic interest, and any
322     human-made objects produced, used, or valued by the historic peoples of Utah.
323          [(6) (a) "Pass-through funding" means funds appropriated by the Legislature to a state
324     agency that are intended to be passed through the state agency to:]
325          [(i) local governments;]
326          [(ii) other government agencies;]
327          [(iii) private organizations, including not-for-profits; or]
328          [(iv) persons in the form of a loan or grant.]
329          [(b) The funding may be:]
330          [(i) general funds, federal funds, dedicated credits, or any combination of funding
331     sources; and]
332          [(ii) ongoing or one-time.]
333          [(7)] (6) "Society" means the Utah State Historical Society.
334          Section 12. Section 9-8-203 is amended to read:
335          9-8-203. Division duties.
336          (1) The division shall:
337          (a) stimulate research, study, and activity in the field of Utah history and related
338     history;
339          (b) maintain a specialized history library;
340          (c) mark and preserve historic sites, areas, and remains;
341          (d) collect, preserve, and administer historical records relating to the history of Utah;
342          (e) administer, collect, preserve, document, interpret, develop, and exhibit historical
343     artifacts, documentary materials, and other objects relating to the history of Utah for
344     educational and cultural purposes;
345          (f) edit and publish historical records;
346          (g) cooperate with local, state, and federal agencies and schools and museums to
347     provide coordinated and organized activities for the collection, documentation, preservation,
348     interpretation, and exhibition of historical artifacts related to the state;
349          (h) promote, coordinate, and administer:
350          (i) Utah History Day at the Capitol designated under Section 63G-1-401; and
351          (ii) the Utah History Day program affiliated with National History Day, which includes
352     a series of regional, state, and national activities and competitions for students from grades 4
353     through 12;
354          (i) provide grants and technical assistance as necessary and appropriate; and
355          (j) comply with the procedures and requirements of Title 63G, Chapter 4,
356     Administrative Procedures Act, in [its] adjudicative proceedings.
357          (2) The division may acquire or produce reproductions of historical artifacts and
358     documentary materials for educational and cultural use.
359          (3) To promote an appreciation of Utah history and to increase heritage tourism in the
360     state, the division shall:
361          (a) (i) create and maintain an inventory of all historic markers and monuments that are
362     accessible to the public throughout the state;
363          (ii) enter into cooperative agreements with other groups and organizations to collect
364     and maintain the information needed for the inventory;
365          (iii) encourage the use of volunteers to help collect the information and to maintain the
366     inventory;
367          (iv) publicize the information in the inventory in a variety of forms and media,
368     especially to encourage Utah citizens and tourists to visit the markers and monuments;
369          (v) work with public and private landowners, heritage organizations, and volunteer
370     groups to help maintain, repair, and landscape around the markers and monuments; and
371          (vi) make the inventory available upon request to all other public and private history
372     and heritage organizations, tourism organizations and businesses, and others;
373          (b) (i) create and maintain an inventory of all active and inactive cemeteries throughout
374     the state;
375          (ii) enter into cooperative agreements with local governments and other groups and
376     organizations to collect and maintain the information needed for the inventory;
377          (iii) encourage the use of volunteers to help collect the information and to maintain the
378     inventory;
379          (iv) encourage cemetery owners to create and maintain geographic information systems
380     to record burial sites and encourage volunteers to do so for inactive and small historic
381     cemeteries;
382          (v) publicize the information in the inventory in a variety of forms and media,
383     especially to encourage Utah citizens to participate in the care and upkeep of historic
384     cemeteries;
385          (vi) work with public and private cemeteries, heritage organizations, genealogical
386     groups, and volunteer groups to help maintain, repair, and landscape cemeteries, grave sites,
387     and tombstones; and
388          (vii) make the inventory available upon request to all other public and private history
389     and heritage organizations, tourism organizations and businesses, and others; and
390          (c) (i) create and maintain a computerized record of cemeteries and burial locations in a
391     state-coordinated and publicly accessible information system;
392          (ii) gather information for the information system created and maintained under
393     Subsection (3)(c)(i) by providing matching grants, upon approval by the board, to:
394          (A) municipal cemeteries;
395          (B) cemetery maintenance districts;
396          (C) endowment care cemeteries;
397          (D) private nonprofit cemeteries;
398          (E) genealogical associations; and
399          (F) other nonprofit groups with an interest in cemeteries; and
400          (iii) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
401     Rulemaking Act, for granting matching funds under Subsection (3)(c)(ii) to ensure that:
402          (A) professional standards are met; and
403          (B) projects are cost effective.
404          [(4) (a) For a pass-through funding grant of at least $25,000, the division shall make
405     quarterly disbursements to the pass-through funding grant recipient, contingent upon the
406     division receiving a quarterly progress report from the pass-through grant recipient.]
407          [(b) The division shall:]
408          [(i) provide the pass-through grant recipient with a progress report form for the
409     reporting purposes of Subsection (4)(a); and]
410          [(ii) include reporting requirement instructions with the form.]
411          [(5)] (4) This chapter may not be construed to authorize the division to acquire by
412     purchase any historical artifacts, documentary materials, or specimens that are restricted from
413     sale by federal law or the laws of any state, territory, or foreign nation.
414          Section 13. Section 9-8-205 is amended to read:
415          9-8-205. Board duties and powers.
416          (1) The board shall:
417          (a) make policies to direct the division director in carrying out the director's duties;
418          (b) approve the division's rules;
419          (c) assist the division in development programs consistent with this chapter;
420          (d) function as the State Review Board for purposes of the historic preservation
421     program;
422          (e) recommend districts, sites, buildings, structures, and objects for listing on the State
423     and National Historic Registers to the director; and
424          (f) review and approve, if appropriate, matching grants under Subsection
425     9-8-203(3)(c)(ii)[; and].
426          [(g) function as the board of the society.]
427          [(2) (a) By September 30 of each year, the board shall prepare and submit a request to
428     the governor and the Legislature for prioritized capital facilities grants to be awarded to eligible
429     institutions under this chapter.]
430          [(b) The board shall prepare a list of the requested capital facilities grants in a
431     prioritized order and include a written explanation of:]
432          [(i) the total grant amount requested in the list; and]
433          [(ii) the basis of its prioritization of requested grants on the list.]
434          [(c) The board shall accept applications for capital facilities grants by June 1 of each
435     year, prior to compiling and submitting its yearly request to the governor and Legislature under
436     Subsection (2)(a).]
437          [(3)] (2) The board may establish advisory committees to assist [it] the board and the
438     division in carrying out [their] the responsibilities under this chapter.