This document includes House Committee Amendments incorporated into the bill on Thu, Feb 14, 2019 at 8:35 AM by pflowers.
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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to the Department of Heritage and Arts (the
10 department).
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ modifies provisions related to the department's requirements for pass-through
15 funding;
16 ▸ renumbers and modifies provisions related to the Utah Commission on Service and
17 Volunteerism;
18 ▸ modifies provisions related to the State Library Board, county library boards, and
19 city library boards;
20 ▸ modifies provisions related to historic sites;
21 ▸ creates the Division of Multicultural Affairs within the department and describes the
22 division's responsibilities;
23 ▸ creates the Utah Multicultural Commission and describes the commission's
24 membership and responsibilities;
25 ▸ creates the Utah Martin Luther King, Jr. Human Rights Commission and describes
26 the commission's membership and responsibilities; and
27 ▸ makes technical changes.
28 Money Appropriated in this Bill:
29 None
30 Other Special Clauses:
31 None
32 Utah Code Sections Affected:
33 AMENDS:
34 9-1-201, as last amended by Laws of Utah 2018, Chapter 200
35 9-7-101, as last amended by Laws of Utah 2017, Chapter 48
36 9-7-202, as enacted by Laws of Utah 1992, Chapter 241
37 9-7-204, as last amended by Laws of Utah 2016, Chapter 144
38 9-7-402, as renumbered and amended by Laws of Utah 1992, Chapter 241
39 9-7-403, as last amended by Laws of Utah 1997, Chapter 10
40 9-7-404, as renumbered and amended by Laws of Utah 1992, Chapter 241
41 9-7-405, as last amended by Laws of Utah 2005, Chapter 48
42 9-7-406, as renumbered and amended by Laws of Utah 1992, Chapter 241
43 9-7-407, as renumbered and amended by Laws of Utah 1992, Chapter 241
44 9-7-408, as renumbered and amended by Laws of Utah 1992, Chapter 241
45 9-7-409, as renumbered and amended by Laws of Utah 1992, Chapter 241
46 9-7-502, as last amended by Laws of Utah 1994, Chapter 45
47 9-7-503, as last amended by Laws of Utah 1993, Chapters 4, 78, and 227
48 9-7-504, as last amended by Laws of Utah 2010, Chapter 378
49 9-7-505, as last amended by Laws of Utah 2003, Chapter 47
50 9-7-506, as last amended by Laws of Utah 1993, Chapter 227
51 9-7-507, as last amended by Laws of Utah 2003, Chapter 47
52 9-7-509, as last amended by Laws of Utah 2003, Chapter 47
53 9-8-102, as last amended by Laws of Utah 2017, Chapter 48
54 9-8-202, as renumbered and amended by Laws of Utah 1992, Chapter 241
55 9-8-204, as last amended by Laws of Utah 2010, Chapter 286
56 9-8-206, as renumbered and amended by Laws of Utah 1992, Chapter 241
57 9-8-402, as last amended by Laws of Utah 1995, Chapter 170
58 9-8-404, as last amended by Laws of Utah 2016, Chapter 348
59 9-8-805, as last amended by Laws of Utah 2009, Chapter 388
60 ENACTS:
61 9-21-101, Utah Code Annotated 1953
62 9-21-102, Utah Code Annotated 1953
63 9-21-201, Utah Code Annotated 1953
64 9-21-202, Utah Code Annotated 1953
65 9-21-203, Utah Code Annotated 1953
66 9-21-301, Utah Code Annotated 1953
67 9-21-302, Utah Code Annotated 1953
68 9-21-401, Utah Code Annotated 1953
69 9-21-402, Utah Code Annotated 1953
70 RENUMBERS AND AMENDS:
71 9-20-101, (Renumbered from 9-1-801, as last amended by Laws of Utah 2014, Chapter
72 189)
73 9-20-102, (Renumbered from 9-1-802, as last amended by Laws of Utah 2013, Chapter
74 38)
75 9-20-201, (Renumbered from 9-1-803, as last amended by Laws of Utah 2013, Chapter
76 38)
77 9-20-202, (Renumbered from 9-1-805, as last amended by Laws of Utah 2013, Chapter
78 38)
79 9-20-203, (Renumbered from 9-1-806, as last amended by Laws of Utah 2013, Chapter
80 38)
81 9-20-204, (Renumbered from 9-1-808, as last amended by Laws of Utah 2013, Chapter
82 38)
83 9-20-205, (Renumbered from 9-1-809, as last amended by Laws of Utah 2013, Chapter
84 38)
85 9-20-206, (Renumbered from 9-1-810, as last amended by Laws of Utah 2013, Chapter
86 38)
87 9-20-207, (Renumbered from 9-1-811, as repealed and reenacted by Laws of Utah
88 2013, Chapter 38)
89 REPEALS:
90 9-8-601, as enacted by Laws of Utah 1991, Chapter 30
91 9-8-602, as enacted by Laws of Utah 1991, Chapter 30
92 9-8-603, as enacted by Laws of Utah 1991, Chapter 30
93
94 Be it enacted by the Legislature of the state of Utah:
95 Section 1. Section 9-1-201 is amended to read:
96 9-1-201. Department of Heritage and Arts -- Creation -- Powers and duties.
97 (1) There is created the Department of Heritage and Arts.
98 (2) The department shall:
99 (a) be responsible for preserving and promoting the heritage of the state, the arts in the
100 state, and cultural development within the state;
101 (b) perform heritage, arts, and cultural development planning for the state;
102 (c) coordinate the program plans of the various divisions within the department;
103 (d) administer and coordinate all state or federal grant programs which are, or become,
104 available for heritage, arts, and cultural development;
105 (e) administer any other programs over which the department is given administrative
106 supervision by the governor;
107 (f) submit an annual written report to the governor and the Legislature as described in
108 Section 9-1-208;
109 (g) ensure that any training or certification required of a public official or public
110 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
111 22, State Training and Certification Requirements, if the training or certification is required:
112 (i) under this title;
113 (ii) by the department; or
114 (iii) by an agency or division within the department; and
115 (h) perform any other duties as provided by the Legislature.
116 (3) The department may solicit and accept contributions of money, services, and
117 facilities from any other sources, public or private, but may not use those contributions for
118 publicizing the exclusive interest of the donor.
119 (4) Money received under Subsection (3) shall be deposited in the General Fund as
120 Ĥ→ [
121 (5) (a) For a pass-through funding grant of [
122 department shall make [
123 funding grant recipient[
124
125 (b) For a pass-through funding grant of more than $50,000, the department shall make
126 a semiannual disbursement to the pass-through funding grant recipient, contingent upon the
127 department receiving a semiannual progress report from the pass-through funding grant
128 recipient.
129 [
130 (i) provide the pass-through funding grant recipient with a progress report form for the
131 reporting purposes described in Subsection (5)[
132 (ii) include reporting requirement instructions with the form.
133 Section 2. Section 9-7-101 is amended to read:
134 9-7-101. Definitions.
135 As used in this chapter:
136 (1) "Board" means the State Library Board created in Section 9-7-204.
137 [
138 [
139 authorized by Section 9-7-402 or 9-7-502 and which exercises general policy authority for
140 library services within a city or county of the state, regardless of the title by which the board is
141 known locally.
142 [
143 information is published, such as print, microform, magnetic disk, or optical disk.
144 [
145 board to meet the requirements of Section 9-7-215.
146 [
147 transit district, redevelopment agency, or special improvement or taxing district.
148 [
149 (a) the state[
150 (b) an office, department, agency, authority, commission, board, institution, hospital,
151 college, university, or other instrumentality of the state.
152 [
153 contract or grant report, hearing memorandum, journal, law, legislative bill, magazine, map,
154 monograph, order, ordinance, pamphlet, periodical, proceeding, public memorandum,
155 resolution, register, rule, report, statute, audiovisual material, electronic publication,
156 micrographic form and tape or disc recording regardless of format or method of reproduction,
157 issued or published by a state agency or political subdivision for distribution.
158 (b) "State publication" does not include correspondence, internal confidential
159 publications, office memoranda, university press publications, or publications of the state
160 historical society.
161 Section 3. Section 9-7-202 is amended to read:
162 9-7-202. Appointment of director.
163 [
164
165 [
166
167 The executive director, in consultation with the board, shall appoint a director of the
168 division:
169 (1) to serve as the chief administrative officer of the division; and
170 (2) who has a degree from an accredited institution in library science and has
171 demonstrated administrative ability.
172 Section 4. Section 9-7-204 is amended to read:
173 9-7-204. State Library Board -- Members -- Meetings -- Expenses.
174 (1) There is created within the department the State Library Board.
175 (2) (a) The board shall consist of nine members appointed by the governor.
176 (b) One member shall be appointed on recommendation from each of the following:
177 (i) the State Board of Education; and
178 [
179 [
180 [
181 (c) Of the [
182 areas.
183 (3) (a) Except as required by Subsection (3)(b), as terms of current board members
184 expire, the governor shall appoint each new member or reappointed member to a four-year
185 term.
186 (b) The governor shall, at the time of appointment or reappointment, adjust the length
187 of terms to ensure that the terms of board members are staggered so that approximately half of
188 the board is appointed every two years.
189 (4) The members may not serve more than two full consecutive terms.
190 (5) When a vacancy occurs in the membership for any reason, the replacement shall be
191 appointed for the unexpired term in the same manner as originally appointed.
192 (6) [
193 constitutes a quorum for conducting board business.
194 (7) The governor shall select one of the board members as chair who shall serve for a
195 period of two years.
196 (8) The director of the State Library Division [
197 board.
198 (9) A member may not receive compensation or benefits for the member's service, but
199 may receive per diem and travel expenses in accordance with:
200 (a) Section 63A-3-106;
201 (b) Section 63A-3-107; and
202 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
203 63A-3-107.
204 Section 5. Section 9-7-402 is amended to read:
205 9-7-402. Library board of directors -- Expenses.
206 (1) When the city governing body decides to establish and maintain a city public
207 library under the provisions of this part, it shall appoint a library board of directors of not less
208 than five members and not more than nine members, chosen from the citizens of the city and
209 based upon their fitness for the office.
210 (2) Only one member of the city governing body may be, at any one time, a member of
211 the library board.
212 (3) Each director shall serve without compensation, but their actual and necessary
213 expenses incurred in the performance of their official duties may be paid from library funds.
214 Section 6. Section 9-7-403 is amended to read:
215 9-7-403. Library board terms -- Officers -- Removal -- Vacancies.
216 (1) Each director of a library board shall be appointed for a three-year term, or until the
217 successor to that director is appointed. Initially, appointments shall be made for one-, two-,
218 and three-year terms. Annually thereafter, the city governing body shall, before the first day of
219 July of each year, appoint for a three-year term directors to take the place of the retiring
220 directors.
221 (2) Directors shall serve not more than two consecutive full terms.
222 (3) The directors shall annually select a chairman and other officers.
223 (4) The city governing body may remove any director for misconduct or neglect of
224 duty.
225 (5) Vacancies in [
226 in the same manner as original appointments.
227 Section 7. Section 9-7-404 is amended to read:
228 9-7-404. Board powers and duties -- Library fund deposits and disbursements.
229 (1) The library board of directors may, with the approval of the city governing body:
230 (a) have control of the expenditure of the library fund, of construction, lease, or sale of
231 library buildings and land, and of the operation and care of the library; and
232 (b) purchase, lease, or sell land, and purchase, lease, erect, or sell buildings for the
233 benefit of the library.
234 (2) The library board shall:
235 (a) maintain and care for the library;
236 (b) establish policies for its operation; and
237 (c) in general, carry out the spirit and intent of the provisions of this part.
238 (3) All tax money received for the library shall be deposited in the city treasury to the
239 credit of the library fund, and may not be used for any purpose except that of the city library.
240 These funds shall be drawn upon by the authorized officers of the city upon presentation of the
241 properly authenticated vouchers of the library board. All money collected by the library shall
242 be deposited to the credit of the library fund.
243 Section 8. Section 9-7-405 is amended to read:
244 9-7-405. Rules -- Use of library.
245 (1) The library board of directors shall make, amend, and repeal rules, not inconsistent
246 with law, for the governing of the library.
247 (2) Each library established under this part shall be free to the use of the inhabitants of
248 the city where located, subject to the rules adopted by the library board. The library board may
249 exclude from the use of the library any person who willfully violates these rules. The library
250 board may extend the privileges and use of the library to persons residing outside of the city
251 upon terms and conditions it may prescribe by rule.
252 Section 9. Section 9-7-406 is amended to read:
253 9-7-406. Reports to governing body and director of the division.
254 The library board of directors shall:
255 (1) [
256 operation of the library, including a financial statement; and
257 [
258
259
260 (2) provide an annual report to the director of the division that contains the information
261 required by the State Library Board.
262 Section 10. Section 9-7-407 is amended to read:
263 9-7-407. Librarian and other personnel.
264 (1) The library board of directors shall appoint a competent person as librarian to have
265 immediate charge of the library with those duties and compensation for services that it
266 determines. The librarian shall act as the executive officer for the library board.
267 (2) The library board shall appoint, upon the recommendation of the librarian, other
268 personnel as needed.
269 Section 11. Section 9-7-408 is amended to read:
270 9-7-408. Donations of money or property.
271 Any person desiring to make donations of money, personal property, or real estate for
272 the benefit of any library shall have the right to vest the title to the money, personal property, or
273 real estate in the library board of directors. The donation shall be held and controlled by the
274 library board, when accepted, according to the terms of the deed, gift, devise, or bequest of the
275 property, and the library board shall be held and considered to be trustees of the property.
276 Section 12. Section 9-7-409 is amended to read:
277 9-7-409. Entities may cooperate, merge, or consolidate in providing library
278 services.
279 [
280 county libraries, boards of education, governing boards of other educational institutions, library
281 agencies, and local political subdivisions may cooperate, merge, or consolidate in providing
282 library services.
283 Section 13. Section 9-7-502 is amended to read:
284 9-7-502. Library board of directors -- Expenses.
285 (1) (a) When the county legislative body decides to establish and maintain a county
286 public library under the provisions of this part, the county executive shall, with the advice and
287 consent of the county legislative body, appoint a library board of not less than five and not
288 more than nine directors chosen from the citizens of the county and based upon their fitness for
289 the office.
290 (b) When increasing membership on an existing library board, the county legislative
291 body:
292 (i) may not add more than two positions in any year; and
293 (ii) when adding members, shall ensure that the terms of library board members are
294 staggered so that approximately 1/4 of the board is selected each year.
295 (2) Only one member of the county legislative body may be, at any one time, a member
296 of the library board.
297 (3) Each director shall serve without compensation, but the actual and necessary
298 expenses incurred in the performance of the director's official duties may be paid from library
299 funds.
300 Section 14. Section 9-7-503 is amended to read:
301 9-7-503. Library board terms -- Officers -- Removal -- Vacancies.
302 (1) Each director of a library board shall be appointed for a four-year term, or until the
303 director's successor is appointed. Initially, appointments shall be made for one-, two-, three-,
304 and four-year terms, and one member of the county legislative body for the term of his elected
305 office. Annually thereafter, the county executive body shall, before the first day of July of
306 each year, appoint, with the advice and consent of the county legislative body, for a four-year
307 term, one director to take the place of the retiring director.
308 (2) Directors shall serve not more than two consecutive full terms.
309 (3) The directors shall annually select a chairman and other officers.
310 (4) The county executive body may remove any director for misconduct or neglect of
311 duty.
312 (5) Vacancies in [
313 in the same manner as original appointments.
314 Section 15. Section 9-7-504 is amended to read:
315 9-7-504. Library board duties -- Library fund deposits.
316 (1) The library board of directors shall, with the approval of the county executive and
317 in accordance with county ordinances, policies, and procedures:
318 (a) be responsible for:
319 (i) the expenditure of the library fund;
320 (ii) the construction, lease, or sale of library buildings and land; and
321 (iii) the operation and care of the library; and
322 (b) purchase, lease, or sell land, and purchase, lease, construct, or sell buildings, for the
323 benefit of the library.
324 (2) The library board has those powers and duties as prescribed by county ordinance,
325 including establishing policies for collections and information resources that are consistent
326 with state and federal law.
327 (3) (a) All tax money received for the library shall be deposited in the county treasury
328 to the credit of the library fund, and may not be used for any purpose except that of the county
329 library.
330 (b) All money collected by the library shall be deposited to the credit of the library
331 fund.
332 Section 16. Section 9-7-505 is amended to read:
333 9-7-505. Rules -- Use of library.
334 (1) [
335 county ordinances, policies, and procedures for the governing of the library.
336 (2) Each library established under this part shall be free to the use of the inhabitants of
337 the area taxed for the support of the library, subject to the rules made as prescribed by county
338 ordinance.
339 Section 17. Section 9-7-506 is amended to read:
340 9-7-506. Annual reports.
341 The library board of directors shall:
342 (1) [
343 body on the condition and operation of the library, including a financial statement; and
344 [
345
346
347 (2) provide an annual report to the director of the division that contains the information
348 required by the State Library Board.
349 Section 18. Section 9-7-507 is amended to read:
350 9-7-507. Librarian and other personnel.
351 (1) (a) The library board of directors shall recommend to the county executive for
352 appointment a competent person to serve as librarian.
353 (b) The county executive shall, within 30 days of the recommendation, either make the
354 appointment or request that the library board submit another recommendation.
355 (c) The librarian shall be an employee of the county subject to the personnel policies,
356 procedures, and compensation plans approved by the county executive and county legislative
357 body.
358 (d) The librarian shall act as the executive officer for the library board.
359 (2) (a) All library personnel are employees of the county.
360 (b) The librarian or the librarian's designee shall hire library personnel in accordance
361 with the county merit system, personnel policies and procedures, and compensation plans
362 approved by the county executive and county legislative body.
363 (3) As used in this section "librarian" means the county library director.
364 Section 19. Section 9-7-509 is amended to read:
365 9-7-509. Entities may cooperate, merge, or consolidate in providing library
366 services.
367 [
368 county libraries, boards of education, governing boards of other educational institutions, library
369 agencies, and local political subdivisions may cooperate in providing library services or merge
370 or consolidate under an interlocal agreement approved and implemented in accordance with
371 Title 11, Chapter 13, Interlocal Cooperation Act.
372 Section 20. Section 9-8-102 is amended to read:
373 9-8-102. Definitions.
374 As used in this chapter:
375 (1) "Board" means the Board of State History.
376 (2) "Director" means the director of the Division of State History.
377 (3) "Division" means the Division of State History.
378 (4) "Documentary materials" means written or documentary information contained in
379 published materials, manuscript collections, archival materials, photographs, sound recordings,
380 motion pictures, and other written, visual, and aural materials, except government records.
381 (5) "Historical artifacts" means objects produced or shaped by human efforts, a natural
382 object deliberately selected and used by a human, an object of aesthetic interest, and any
383 human-made objects produced, used, or valued by the historic peoples of Utah.
384 (6) "Society" means the Utah State Historical Society created in Section 9-8-207.
385 Section 21. Section 9-8-202 is amended to read:
386 9-8-202. Appointment of director.
387 [
388
389 [
390
391 The executive director, in consultation with the board, shall appoint a director of the
392 division:
393 (1) to serve as the chief administrative officer of the division; and
394 (2) who is experienced in administration and is qualified by education or training in the
395 field of state history.
396 Section 22. Section 9-8-204 is amended to read:
397 9-8-204. Board of State History.
398 (1) There is created within the department the Board of State History.
399 (2) The board shall consist of 11 members appointed by the governor with the consent
400 of the Senate as follows:
401 (a) sufficient representatives to satisfy the federal requirements for an adequately
402 qualified State Historic Preservation Review Board; and
403 (b) other persons with an interest in the subject matter of the division's responsibilities.
404 (3) (a) Except as required by Subsection (3)(b), the members shall be appointed for
405 terms of four years and shall serve until their successors are appointed and qualified.
406 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
407 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
408 board members are staggered so that approximately half of the board is appointed every two
409 years.
410 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
411 appointed for the unexpired term with the consent of the Senate.
412 (5) [
413
414 (6) The governor shall select a chair and vice chair from the board members.
415 (7) A member may not receive compensation or benefits for the member's service, but
416 may receive per diem and travel expenses in accordance with:
417 (a) Section 63A-3-106;
418 (b) Section 63A-3-107; and
419 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
420 63A-3-107.
421 Section 23. Section 9-8-206 is amended to read:
422 9-8-206. Historical magazine, books, documents, and microfilms -- Proceeds.
423 (1) The division shall, under the direction of the board:
424 (a) compile and publish an historical magazine to be furnished to supporting members
425 of the society in accordance with membership subscriptions or to be sold independently of
426 membership; and
427 (b) publish and sell other books, documents, and microfilms at reasonable prices to be
428 approved by the director.
429 (2) Proceeds from sales under this section shall be [
430
430a credit ←Ĥ .
431 Section 24. Section 9-8-402 is amended to read:
432 9-8-402. Definitions -- Division duties.
433 (1) [
434 part[
435 (a) "Effect" means an alteration to one or more characteristics of a historic property
436 that qualify the historic property for inclusion in, or that make the historic property eligible for
437 inclusion in, the National Register of Historic Places.
438 (b) "Historic Property" means any historic or prehistoric district, site, building,
439 structure, or object that is at least 50 years old and that is included in, or that is eligible for
440 inclusion in, the National Register of Historic Places.
441 (c) "State Register" means a register of cultural sites and localities, historic and
442 prehistoric sites, and districts, buildings, and objects significant in Utah history.
443 (d) "Undertaking" means a project, activity, or program funded in whole or in part
444 under the direct or indirect jurisdiction of a state agency, including a project, activity, or
445 program:
446 (i) carried out by or on behalf of a state agency;
447 (ii) carried out with financial assistance from the state; or
448 (iii) that requires a state permit, license, or approval.
449 (2) The division shall:
450 (a) constitute the historic preservation agency for this state;
451 (b) establish a state register for the orderly identification and recognition of the state's
452 cultural resources; and
453 (c) provide for participation in the National Historic Preservation Program.
454 Section 25. Section 9-8-404 is amended to read:
455 9-8-404. Agency responsibilities -- State historic preservation officer to comment
456 on undertaking -- Public Lands Policy Coordinating Office may require joint analysis.
457 [
458
459 [
460
461 [
462
463
464 (1) (a) Before making a final agency decision authorizing the expenditure of state funds
465 or providing financial assistance for an undertaking, an agency shall:
466 (i) take into account the effect of the undertaking on any historic property; and
467 (ii) provide the state historic preservation officer with a written evaluation of the
468 undertaking's effect on any historic property.
469 (b) The state historic preservation officer shall provide to the agency a written
470 comment on the agency's determination of effect within 30 days after the day on which the state
471 historic preservation officer receives a written evaluation described in Subsection (1)(a)(ii).
472 (c) If the written evaluation described in Subsection (1)(a)(ii) demonstrates that there is
473 an adverse effect to a historic property, the agency shall enter into a formal written agreement
474 with the state historic preservation officer describing how each adverse effect will be mitigated
475 before the agency may expend state funds or provide financial assistance for the undertaking.
476 [
477 make available to the Public Lands Policy Coordinating Office [
478 which an agency or federal agency has requested the state historic preservation officer's or the
479 Antiquities Section's advice or consultation.
480 [
481 described in Subsections (2)(c) and (d) of any proposed undertaking on which the state historic
482 preservation officer or Antiquities Section is providing advice or consultation.
483 (2) (a) If the state historic preservation officer does not concur with the agency's
484 written evaluation required by Subsection (1)(a)(ii), the state historic preservation officer shall
485 inform the Public Lands Policy Coordinating Office of any objections.
486 (b) The Public Lands Policy Coordinating Office shall review the state historic
487 preservation officer's objections and determine whether or not to initiate the joint analysis
488 established in Subsections (2)(c) and (d) within 30 days after the day on which the state historic
489 preservation officer informs the Public Lands Policy Coordinating Office of the objections.
490 (c) If the Public Lands Policy Coordinating Office determines further analysis is
491 necessary, the Public Lands Policy Coordinating Office shall, jointly with the agency and the
492 state historic preservation officer, analyze:
493 (i) the cost of the undertaking, excluding costs attributable to the identification,
494 potential recovery, or excavation of historic properties;
495 (ii) the ownership of the land involved;
496 (iii) the likelihood of the presence and the nature and type of historical properties that
497 may be affected by the expenditure or undertaking; and
498 (iv) clear and distinct alternatives for the identification, recovery, or excavation of
499 historic properties, including ways to maximize the amount of information recovered and
500 report that information at current standards of scientific rigor.
501 (d) The Public Lands Policy Coordinating Office, the agency, and the state historic
502 preservation officer shall also consider as part of the joint analysis:
503 (i) the estimated costs of the alternatives in Subsection (2)(c)(iv) in total and as a
504 percentage of the total cost of the undertaking; and
505 (ii) at least one plan for the identification, recovery, or excavation of historic properties
506 that does not substantially increase the cost of the proposed undertaking.
507 (3) (a) (i) If the state historic preservation officer concurs with the agency's evaluation
508 or if the Public Lands Policy Coordinating Office determines that the joint analysis is
509 unnecessary, the state historic preservation officer shall, no later than 30 calendar days after
510 receiving the agency's evaluation, provide formal comments on the agency's evaluation.
511 (ii) If a joint analysis is conducted, the state historic preservation officer shall provide
512 formal comments on the agency's evaluation no later than 30 calendar days after the conclusion
513 of the joint analysis.
514 (b) The state historic preservation officer shall ensure that the comments include the
515 results of any joint analysis conducted under Subsection (2).
516 (c) If a joint analysis is not conducted, the state historic preservation officer's
517 comments may include advice about ways to maximize the amount of historic, scientific,
518 archaeological, anthropological, and educational information recovered, in addition to the
519 physical recovery of [
520 current standards of scientific rigor.
521 [
522
523
524
525 [
526
527
528 Section 26. Section 9-8-805 is amended to read:
529 9-8-805. Collecting institutions -- Perfecting title -- Notice.
530 (1) (a) [
531 held by it shall send, by registered mail, a notice containing the information required by [
532
533 [
534
535 [
536 [
537 [
538
539 [
540
541 [
542
543 [
544 (b) In addition to the requirements of Subsection (1)(a), a collecting institution shall
545 publish a notice containing the information required by Subsection (2) if:
546 (i) the owner or the address of the owner of the reposited materials is unknown;
547 (ii) the mailed notice is returned to the collecting institution without a forwarding
548 address; or
549 (iii) the owner does not claim the reposited materials within 90 days after the day on
550 which the notice was mailed.
551 (c) If required to publish a notice under Subsection (1)(b), the collecting institution, in
552 accordance with Section 45-1-101, shall publish the notice:
553 (i) at least once per week for two consecutive weeks in a newspaper of general
554 circulation in the county where the collecting institution is located; and
555 (ii) on the public legal notice website for at least two weeks.
556 (2) [
557 (a) the name, if known, and the last-known address, if any, of the last-known owner of
558 the reposited materials;
559 (b) a description of the reposited materials;
560 (c) the name of the collecting institution that has possession of the reposited materials
561 and a person within that institution whom the owner may contact; and
562 (d) a statement that if the reposited materials are not claimed within 90 days from the
563 [
564 reposited materials are considered [
565 institution.
566 (3) If no one [
567
568 materials are considered [
569 Section 27. Section 9-20-101, which is renumbered from Section 9-1-801 is
570 renumbered and amended to read:
571
572
573 [
574 This [
575 Act."
576 Section 28. Section 9-20-102, which is renumbered from Section 9-1-802 is
577 renumbered and amended to read:
578 [
579 As used in this chapter:
580 (1) "Act" means the National Community and Service Trust Act of 1993, 42 U.S.C.
581 12501 et seq.
582 (2) "Commission" means the Utah Commission on Service and Volunteerism created
583 in Section [
584 (3) "Corporation" means the Corporation for National and Community Service
585 described in the act.
586 Section 29. Section 9-20-201, which is renumbered from Section 9-1-803 is
587 renumbered and amended to read:
588
589 [
590 Vacancies -- Per diem and expenses.
591 (1) There is created the Utah Commission on Service and Volunteerism consisting of
592 19 voting members and one nonvoting member.
593 (2) The 19 voting members of the commission are:
594 (a) the lieutenant governor;
595 (b) the commissioner of higher education or the commissioner's designee;
596 (c) the state superintendent of public instruction or the superintendent's designee;
597 (d) the executive director of the Department of Heritage and Arts or the executive
598 director's designee;
599 (e) nine members appointed by the governor as follows:
600 (i) an individual with expertise in the educational, training, and developmental needs of
601 youth, particularly disadvantaged youth;
602 (ii) an individual with experience in promoting the involvement of older adults in
603 volunteer service;
604 (iii) a representative of a community-based agency or organization within the state;
605 (iv) a representative of local government;
606 (v) a representative of a local labor organization in the state;
607 (vi) a representative of business;
608 (vii) an individual between the ages of 16 and 25 who participates in a volunteer or
609 service program;
610 (viii) a representative of a national service program; and
611 (ix) a representative of the volunteer sector; and
612 (f) six members appointed by the governor from among the following groups:
613 (i) local educators;
614 (ii) experts in the delivery of human, educational, cultural, environmental, or public
615 safety services to communities and individuals;
616 (iii) representatives of Native American tribes;
617 (iv) representatives of organizations that assist out-of-school youth or other at-risk
618 youth; or
619 (v) representatives of entities that receive assistance under the Domestic Volunteer
620 Service Act of 1973, 42 U.S.C. 4950 et seq.
621 (3) The nonvoting member of the commission is the state representative of the
622 corporation.
623 (4) (a) In appointing persons to serve on the commission, the governor shall ensure
624 that:
625 (i) no more than 10 voting members of the commission are members of the same
626 political party; and
627 (ii) no more than five voting members of the commission are state government
628 employees.
629 (b) In appointing persons to serve on the commission, the governor shall strive for
630 balance on the commission according to race, ethnicity, age, gender, and disability
631 characteristics.
632 (5) (a) Except as required by Subsection (5)(b), as terms of current commission
633 members expire, the governor shall appoint each new member or reappointed member to a
634 three-year term.
635 (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
636 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
637 commission members are staggered so that approximately one-third of the commission is
638 appointed every year.
639 (6) When a vacancy occurs in the membership, the replacement shall be appointed for
640 the unexpired term.
641 (7) A member appointed by the governor may not serve more than two consecutive
642 terms.
643 (8) A member may not receive compensation or benefits for the member's service, but
644 may receive per diem and travel expenses in accordance with:
645 (a) Section 63A-3-106;
646 (b) Section 63A-3-107; and
647 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
648 63A-3-107.
649 Section 30. Section 9-20-202, which is renumbered from Section 9-1-805 is
650 renumbered and amended to read:
651 [
652 (1) [
653 a chair and a [
654 (2) The voting members of the commission may not elect the lieutenant governor as
655 chair or vice chair of the commission.
656 [
657 Section 31. Section 9-20-203, which is renumbered from Section 9-1-806 is
658 renumbered and amended to read:
659 [
660 (1) The chair shall:
661 (a) preside at meetings of the commission; and
662 (b) authorize and execute the actions of the commission.
663 (2) The [
664 (a) assist the chair;
665 (b) if the chair is absent, perform the duties of the chair;
666 (c) accept special assignments from the chair; and
667 (d) perform other duties as delegated by the commission.
668 Section 32. Section 9-20-204, which is renumbered from Section 9-1-808 is
669 renumbered and amended to read:
670 [
671 (1) The commission shall meet at least quarterly.
672 (2) A voting member of the commission who fails to attend at least 75% of called
673 meetings in a calendar year is automatically removed from the commission.
674 (3) A commission quorum is a simple majority of the voting members.
675 Section 33. Section 9-20-205, which is renumbered from Section 9-1-809 is
676 renumbered and amended to read:
677 [
678 (1) The commission shall:
679 (a) [
680 and established by the act;
681 (b) pursue opportunities for sustainable and high-impact community service;
682 (c) develop and annually update a three-year community service plan for the state,
683 including the establishment of state priorities; and
684 (d) stimulate increased community awareness of the impact of volunteer service in the
685 state.
686 (2) (a) The commission may, subject to Title 63J, Chapter 5, Federal Funds Procedures
687 Act, receive and accept federal funds, and may receive and accept private gifts, donations, or
688 funds from any source.
689 (b) Money received under this Subsection (2) shall be deposited with the state and shall
690 be available to the commission to carry out the purposes of this part.
691 Section 34. Section 9-20-206, which is renumbered from Section 9-1-810 is
692 renumbered and amended to read:
693 [
694 (1) The executive director, in consultation with the commission, shall appoint a
695 director of the commission who is:
696 (a) experienced in administration; and
697 (b) qualified by education or training in the field of public administration.
698 (2) The director of the commission shall report to the executive director.
699 [
700 (a) report to the office of the lieutenant governor[
701 (b) by January 1, provide an annual written report to the lieutenant governor on service
702 and volunteerism in the state.
703 [
704 administrative and staff support services to the commission.
705 Section 35. Section 9-20-207, which is renumbered from Section 9-1-811 is
706 renumbered and amended to read:
707 [
708 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and the
709 provisions of this chapter, the Department of Heritage and Arts may make rules to:
710 (1) implement this [
711 (2) ensure the commission complies with the act and related federal requirements.
712 Section 36. Section 9-21-101 is enacted to read:
713
714
715 9-21-101. Title.
716 This chapter is known as the "Division of Multicultural Affairs Act."
717 Section 37. Section 9-21-102 is enacted to read:
718 9-21-102. Definitions.
719 As used in this chapter:
720 (1) "Commission" means the Utah Multicultural Commission created in Section
721 9-21-301.
722 (2) "Director" means the director of the Division of Multicultural Affairs.
723 (3) "Division" means the Division of Multicultural Affairs created in Section 9-21-201.
724 (4) "Human Rights Commission" means the Utah Martin Luther King, Jr. Human
725 Rights Commission created in Section 9-21-401.
726 Section 38. Section 9-21-201 is enacted to read:
727
728 9-21-201. Creation.
729 (1) There is created within the department the Division of Multicultural Affairs under
730 the administration and general supervision of the executive director.
731 (2) The division shall be under the policy direction of the executive director in
732 consultation with the director and the commission.
733 Section 39. Section 9-21-202 is enacted to read:
734 9-21-202. Responsibilities of the division.
735 The responsibilities of the division include:
736 (1) identifying the needs of the state's multicultural communities;
737 (2) promoting inclusiveness and cultivating trust and cooperation between the state,
738 nonprofit entities receiving state funds, and the state's multicultural communities; and
739 (3) working with state agencies to ensure the state provides equitable resources,
740 services, and programs to address the needs of the state's multicultural communities.
741 Section 40. Section 9-21-203 is enacted to read:
742 9-21-203. Reporting requirements.
743 The division shall submit an annual written report to the department for inclusion in the
744 department's annual report described in Section 9-1-208, which shall describe the activities and
745 recommendations of:
746 (1) the division in meeting the division's responsibilities as described in this chapter;
747 (2) the commission in meeting the commission's responsibilities as described in this
748 chapter, including the strategic plan described in Section 9-21-302; and
749 (3) the human rights commission in meeting the human rights commission's
750 responsibilities as described in this chapter.
751 Section 41. Section 9-21-301 is enacted to read:
752
753 9-21-301. Creation of commission -- Membership -- Rulemaking.
754 (1) There is created within the division the Utah Multicultural Commission.
755 (2) The commission shall consist of:
756 (a) the lieutenant governor, who shall serve as chair of the commission; and
757 (b) at least 14 additional members appointed by the governor to two-year terms.
758 (3) Notwithstanding the requirements of Subsection (2)(b), the governor shall at the
759 time of appointment adjust the length of terms to ensure that the terms of commission members
760 are staggered so that approximately half of the commission is appointed every two years.
761 (4) The commission shall meet at least six times per year.
762 (5) A majority of the members of the commission constitutes a quorum of the
763 commission at any meeting, and the action of the majority of members present is the action of
764 the commission.
765 (6) A member appointed by the governor may be reappointed for one or more
766 additional terms.
767 (7) When a vacancy occurs in the membership, the governor shall appoint a
768 replacement for the unexpired term.
769 (8) A member may not receive compensation or benefits for the member's service, but
770 may receive per diem and travel expenses in accordance with:
771 (a) Sections 63A-3-106 and 63A-3-107; and
772 (b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
773 63A-3-107.
774 (9) The department shall make rules establishing the membership, duties, and
775 procedures of the commission in accordance with the requirements of:
776 (a) this chapter; and
777 (b) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
778 (10) The department shall provide administrative support to the commission.
779 Section 42. Section 9-21-302 is enacted to read:
780 9-21-302. Commission duties.
781 The commission shall:
782 (1) cooperate with the division and state agencies to ensure access to culturally
783 competent programs and services that meet the needs of the state's multicultural communities;
784 (2) make recommendations to the director regarding policies, practices, and procedures
785 to ensure the proper delivery of state resources, services, and programs to the state's
786 multicultural communities;
787 (3) cooperate with the division and state agencies to ensure proper outreach to the
788 state's multicultural communities regarding state resources, services, and programs; and
789 (4) develop a strategic plan to identify needs, goals, and deliverables that will directly
790 impact the most significant and urgent needs of the state's multicultural communities.
791 Section 43. Section 9-21-401 is enacted to read:
792
793 9-21-401. Creation of human rights commission -- Membership -- Rulemaking.
794 (1) There is created within the division the Utah Martin Luther King, Jr. Human Rights
795 Commission.
796 (2) (a) The human rights commission shall consist of 13 members appointed by the
797 governor to two-year terms.
798 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall at the
799 time of appointment adjust the length of terms to ensure that the terms of human rights
800 commission members are staggered so that approximately half of the human rights commission
801 is appointed every two years.
802 (3) The governor shall appoint one of the members as chair of the human rights
803 commission.
804 (4) The human rights commission shall meet at least quarterly.
805 (5) A majority of the members of the human rights commission constitutes a quorum
806 of the human rights commission at any meeting, and the action of the majority of members
807 present is the action of the human rights commission.
808 (6) A member appointed by the governor may not serve more than two consecutive
809 terms.
810 (7) When a vacancy occurs in the membership, the governor shall appoint a
811 replacement for the unexpired term.
812 (8) A member may not receive compensation or benefits for the member's service, but
813 may receive per diem and travel expenses in accordance with:
814 (a) Sections 63A-3-106 and 63A-3-107; and
815 (b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
816 63A-3-107.
817 (9) The department shall make rules establishing the membership, duties, and
818 procedures of the human rights commission in accordance with the requirements of:
819 (a) this chapter; and
820 (b) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
821 (10) The department shall provide administrative support to the commission.
822 Section 44. Section 9-21-402 is enacted to read:
823 9-21-402. Human rights commission duties.
824 The human rights commission shall:
825 (1) promote Dr. Martin Luther King, Jr. Day by:
826 (a) encouraging appropriate ceremonies and activities commemorating the federal and
827 state holiday, which occurs on the third Monday of January each year;
828 (b) seeking to involve the public and private sectors in promoting diversity, equality,
829 and human rights;
830 (c) providing recommendations and assistance to government entities and private
831 organizations regarding the observance of the holiday;
832 (d) coordinating efforts with state residents of diverse backgrounds and with private
833 organizations regarding the observance of the holiday; and
834 (e) partnering with educational institutions to assist schools in promoting appropriate
835 events to honor human rights and the holiday; and
836 (2) report annually to the division regarding the activities of the commission.
837 Section 45. Repealer.
838 This bill repeals:
839 Section 9-8-601, Definitions.
840 Section 9-8-602, Authority to write and publish county history -- Administration of
841 project.
842 Section 9-8-603, Standards -- Publication.