1     
DEPARTMENT OF HERITAGE AND ARTS AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike Winder

5     
Senate Sponsor: Derek L. Kitchen

6     Cosponsor:
7     Karen Kwan


8     

9     LONG TITLE
10     General Description:
11          This bill modifies provisions related to the Department of Heritage and Arts (the
12     department).
13     Highlighted Provisions:
14          This bill:
15          ▸     defines terms;
16          ▸     modifies provisions related to the department's requirements for pass-through
17     funding;
18          ▸     renumbers and modifies provisions related to the Utah Commission on Service and
19     Volunteerism;
20          ▸     modifies provisions related to the State Library Board, county library boards, and
21     city library boards;
22          ▸     modifies provisions related to historic sites;
23          ▸     creates the Division of Multicultural Affairs within the department and describes the
24     division's responsibilities;
25          ▸     creates the Utah Multicultural Commission and describes the commission's
26     membership and responsibilities;
27          ▸     creates the Utah Martin Luther King, Jr. Human Rights Commission and describes
28     the commission's membership and responsibilities; and

29          ▸     makes technical changes.
30     Money Appropriated in this Bill:
31          None
32     Other Special Clauses:
33          None
34     Utah Code Sections Affected:
35     AMENDS:
36          9-1-201, as last amended by Laws of Utah 2018, Chapter 200
37          9-7-101, as last amended by Laws of Utah 2017, Chapter 48
38          9-7-202, as enacted by Laws of Utah 1992, Chapter 241
39          9-7-204, as last amended by Laws of Utah 2016, Chapter 144
40          9-7-402, as renumbered and amended by Laws of Utah 1992, Chapter 241
41          9-7-403, as last amended by Laws of Utah 1997, Chapter 10
42          9-7-404, as renumbered and amended by Laws of Utah 1992, Chapter 241
43          9-7-405, as last amended by Laws of Utah 2005, Chapter 48
44          9-7-406, as renumbered and amended by Laws of Utah 1992, Chapter 241
45          9-7-407, as renumbered and amended by Laws of Utah 1992, Chapter 241
46          9-7-408, as renumbered and amended by Laws of Utah 1992, Chapter 241
47          9-7-409, as renumbered and amended by Laws of Utah 1992, Chapter 241
48          9-7-502, as last amended by Laws of Utah 1994, Chapter 45
49          9-7-503, as last amended by Laws of Utah 1993, Chapters 4, 78, and 227
50          9-7-504, as last amended by Laws of Utah 2010, Chapter 378
51          9-7-505, as last amended by Laws of Utah 2003, Chapter 47
52          9-7-506, as last amended by Laws of Utah 1993, Chapter 227
53          9-7-507, as last amended by Laws of Utah 2003, Chapter 47
54          9-7-509, as last amended by Laws of Utah 2003, Chapter 47
55          9-8-102, as last amended by Laws of Utah 2017, Chapter 48
56          9-8-202, as renumbered and amended by Laws of Utah 1992, Chapter 241

57          9-8-204, as last amended by Laws of Utah 2010, Chapter 286
58          9-8-206, as renumbered and amended by Laws of Utah 1992, Chapter 241
59          9-8-402, as last amended by Laws of Utah 1995, Chapter 170
60          9-8-404, as last amended by Laws of Utah 2016, Chapter 348
61          9-8-805, as last amended by Laws of Utah 2009, Chapter 388
62     ENACTS:
63          9-21-101, Utah Code Annotated 1953
64          9-21-102, Utah Code Annotated 1953
65          9-21-201, Utah Code Annotated 1953
66          9-21-202, Utah Code Annotated 1953
67          9-21-203, Utah Code Annotated 1953
68          9-21-301, Utah Code Annotated 1953
69          9-21-302, Utah Code Annotated 1953
70          9-21-401, Utah Code Annotated 1953
71          9-21-402, Utah Code Annotated 1953
72     RENUMBERS AND AMENDS:
73          9-20-101, (Renumbered from 9-1-801, as last amended by Laws of Utah 2014, Chapter
74     189)
75          9-20-102, (Renumbered from 9-1-802, as last amended by Laws of Utah 2013, Chapter
76     38)
77          9-20-201, (Renumbered from 9-1-803, as last amended by Laws of Utah 2013, Chapter
78     38)
79          9-20-202, (Renumbered from 9-1-805, as last amended by Laws of Utah 2013, Chapter
80     38)
81          9-20-203, (Renumbered from 9-1-806, as last amended by Laws of Utah 2013, Chapter
82     38)
83          9-20-204, (Renumbered from 9-1-808, as last amended by Laws of Utah 2013, Chapter
84     38)

85          9-20-205, (Renumbered from 9-1-809, as last amended by Laws of Utah 2013, Chapter
86     38)
87          9-20-206, (Renumbered from 9-1-810, as last amended by Laws of Utah 2013, Chapter
88     38)
89          9-20-207, (Renumbered from 9-1-811, as repealed and reenacted by Laws of Utah
90     2013, Chapter 38)
91     REPEALS:
92          9-8-601, as enacted by Laws of Utah 1991, Chapter 30
93          9-8-602, as enacted by Laws of Utah 1991, Chapter 30
94          9-8-603, as enacted by Laws of Utah 1991, Chapter 30
95     

96     Be it enacted by the Legislature of the state of Utah:
97          Section 1. Section 9-1-201 is amended to read:
98          9-1-201. Department of Heritage and Arts -- Creation -- Powers and duties.
99          (1) There is created the Department of Heritage and Arts.
100          (2) The department shall:
101          (a) be responsible for preserving and promoting the heritage of the state, the arts in the
102     state, and cultural development within the state;
103          (b) perform heritage, arts, and cultural development planning for the state;
104          (c) coordinate the program plans of the various divisions within the department;
105          (d) administer and coordinate all state or federal grant programs which are, or become,
106     available for heritage, arts, and cultural development;
107          (e) administer any other programs over which the department is given administrative
108     supervision by the governor;
109          (f) submit an annual written report to the governor and the Legislature as described in
110     Section 9-1-208;
111          (g) ensure that any training or certification required of a public official or public
112     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter

113     22, State Training and Certification Requirements, if the training or certification is required:
114          (i) under this title;
115          (ii) by the department; or
116          (iii) by an agency or division within the department; and
117          (h) perform any other duties as provided by the Legislature.
118          (3) The department may solicit and accept contributions of money, services, and
119     facilities from any other sources, public or private, but may not use those contributions for
120     publicizing the exclusive interest of the donor.
121          (4) Money received under Subsection (3) shall be deposited in the General Fund as
122     [restricted revenues of the department] dedicated credits.
123          (5) (a) For a pass-through funding grant of [$25,000 or more] $50,000 or less, the
124     department shall make [quarterly disbursements] an annual disbursement to the pass-through
125     funding grant recipient[, contingent upon the department receiving a quarterly progress report
126     from the pass-through funding grant recipient].
127          (b) For a pass-through funding grant of more than $50,000, the department shall make
128     a semiannual disbursement to the pass-through funding grant recipient, contingent upon the
129     department receiving a semiannual progress report from the pass-through funding grant
130     recipient.
131          [(b)] (c) The department shall:
132          (i) provide the pass-through funding grant recipient with a progress report form for the
133     reporting purposes described in Subsection (5)[(a)](b); and
134          (ii) include reporting requirement instructions with the form.
135          Section 2. Section 9-7-101 is amended to read:
136          9-7-101. Definitions.
137          As used in this chapter:
138          (1) "Board" means the State Library Board created in Section 9-7-204.
139          [(1)] (2) "Division" means the State Library Division.
140          [(2)] (3) "Library board" means the library board of directors appointed locally as

141     authorized by Section 9-7-402 or 9-7-502 and which exercises general policy authority for
142     library services within a city or county of the state, regardless of the title by which the board is
143     known locally.
144          [(3)] (4) "Physical format" means a transportable medium in which analog or digital
145     information is published, such as print, microform, magnetic disk, or optical disk.
146          [(4)] (5) "Policy" means the public library online access policy adopted by a library
147     board to meet the requirements of Section 9-7-215.
148          [(5)] (6) "Political subdivision" means a county, city, town, school district, public
149     transit district, redevelopment agency, or special improvement or taxing district.
150          [(6)] (7) "State agency" means:
151          (a) the state[,]; or
152          (b) an office, department, agency, authority, commission, board, institution, hospital,
153     college, university, or other instrumentality of the state.
154          [(7)] (8) (a) "State publication" means a book, compilation, directory, document,
155     contract or grant report, hearing memorandum, journal, law, legislative bill, magazine, map,
156     monograph, order, ordinance, pamphlet, periodical, proceeding, public memorandum,
157     resolution, register, rule, report, statute, audiovisual material, electronic publication,
158     micrographic form and tape or disc recording regardless of format or method of reproduction,
159     issued or published by a state agency or political subdivision for distribution.
160          (b) "State publication" does not include correspondence, internal confidential
161     publications, office memoranda, university press publications, or publications of the state
162     historical society.
163          Section 3. Section 9-7-202 is amended to read:
164          9-7-202. Appointment of director.
165          [(1) The chief administrative officer of the division shall be a director appointed by the
166     executive director with the concurrence of the board.]
167          [(2) The director shall have a degree from an institution approved by the American
168     Library Association in library science and shall have demonstrated administrative ability.]

169          The executive director, in consultation with the board, shall appoint a director of the
170     division:
171          (1) to serve as the chief administrative officer of the division; and
172          (2) who has a degree from an accredited institution in library science and has
173     demonstrated administrative ability.
174          Section 4. Section 9-7-204 is amended to read:
175          9-7-204. State Library Board -- Members -- Meetings -- Expenses.
176          (1) There is created within the department the State Library Board.
177          (2) (a) The board shall consist of nine members appointed by the governor.
178          (b) One member shall be appointed on recommendation from each of the following:
179          (i) the State Board of Education; and
180          [(ii) the Board of Control of the State Law Library;]
181          [(iii) the Office of Legislative Research and General Counsel; and]
182          [(iv)] (ii) the Utah System of Higher Education.
183          (c) Of the [five] seven remaining members at least two shall be appointed from rural
184     areas.
185          (3) (a) Except as required by Subsection (3)(b), as terms of current board members
186     expire, the governor shall appoint each new member or reappointed member to a four-year
187     term.
188          (b) The governor shall, at the time of appointment or reappointment, adjust the length
189     of terms to ensure that the terms of board members are staggered so that approximately half of
190     the board is appointed every two years.
191          (4) The members may not serve more than two full consecutive terms.
192          (5) When a vacancy occurs in the membership for any reason, the replacement shall be
193     appointed for the unexpired term in the same manner as originally appointed.
194          (6) [Five members] A simple majority of the members of the board [constitute]
195     constitutes a quorum for conducting board business.
196          (7) The governor shall select one of the board members as chair who shall serve for a

197     period of two years.
198          (8) The director of the State Library Division [shall be] is the executive officer of the
199     board.
200          (9) A member may not receive compensation or benefits for the member's service, but
201     may receive per diem and travel expenses in accordance with:
202          (a) Section 63A-3-106;
203          (b) Section 63A-3-107; and
204          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
205     63A-3-107.
206          Section 5. Section 9-7-402 is amended to read:
207          9-7-402. Library board of directors -- Expenses.
208          (1) When the city governing body decides to establish and maintain a city public
209     library under the provisions of this part, it shall appoint a library board of directors of not less
210     than five members and not more than nine members, chosen from the citizens of the city and
211     based upon their fitness for the office.
212          (2) Only one member of the city governing body may be, at any one time, a member of
213     the library board.
214          (3) Each director shall serve without compensation, but their actual and necessary
215     expenses incurred in the performance of their official duties may be paid from library funds.
216          Section 6. Section 9-7-403 is amended to read:
217          9-7-403. Library board terms -- Officers -- Removal -- Vacancies.
218          (1) Each director of a library board shall be appointed for a three-year term, or until the
219     successor to that director is appointed. Initially, appointments shall be made for one-, two-,
220     and three-year terms. Annually thereafter, the city governing body shall, before the first day of
221     July of each year, appoint for a three-year term directors to take the place of the retiring
222     directors.
223          (2) Directors shall serve not more than two consecutive full terms.
224          (3) The directors shall annually select a chairman and other officers.

225          (4) The city governing body may remove any director for misconduct or neglect of
226     duty.
227          (5) Vacancies in [the] a library board of directors shall be filled for the unexpired term
228     in the same manner as original appointments.
229          Section 7. Section 9-7-404 is amended to read:
230          9-7-404. Board powers and duties -- Library fund deposits and disbursements.
231          (1) The library board of directors may, with the approval of the city governing body:
232          (a) have control of the expenditure of the library fund, of construction, lease, or sale of
233     library buildings and land, and of the operation and care of the library; and
234          (b) purchase, lease, or sell land, and purchase, lease, erect, or sell buildings for the
235     benefit of the library.
236          (2) The library board shall:
237          (a) maintain and care for the library;
238          (b) establish policies for its operation; and
239          (c) in general, carry out the spirit and intent of the provisions of this part.
240          (3) All tax money received for the library shall be deposited in the city treasury to the
241     credit of the library fund, and may not be used for any purpose except that of the city library.
242     These funds shall be drawn upon by the authorized officers of the city upon presentation of the
243     properly authenticated vouchers of the library board. All money collected by the library shall
244     be deposited to the credit of the library fund.
245          Section 8. Section 9-7-405 is amended to read:
246          9-7-405. Rules -- Use of library.
247          (1) The library board of directors shall make, amend, and repeal rules, not inconsistent
248     with law, for the governing of the library.
249          (2) Each library established under this part shall be free to the use of the inhabitants of
250     the city where located, subject to the rules adopted by the library board. The library board may
251     exclude from the use of the library any person who willfully violates these rules. The library
252     board may extend the privileges and use of the library to persons residing outside of the city

253     upon terms and conditions it may prescribe by rule.
254          Section 9. Section 9-7-406 is amended to read:
255          9-7-406. Reports to governing body and director of the division.
256          The library board of directors shall:
257          (1) [make] provide an annual report to the city governing body on the condition and
258     operation of the library, including a financial statement; and
259          [(2) provide for the keeping of records required by the State Library Board in its
260     request for an annual report from the public libraries, and submit that annual report to the State
261     Library Board.]
262          (2) provide an annual report to the director of the division that contains the information
263     required by the State Library Board.
264          Section 10. Section 9-7-407 is amended to read:
265          9-7-407. Librarian and other personnel.
266          (1) The library board of directors shall appoint a competent person as librarian to have
267     immediate charge of the library with those duties and compensation for services that it
268     determines. The librarian shall act as the executive officer for the library board.
269          (2) The library board shall appoint, upon the recommendation of the librarian, other
270     personnel as needed.
271          Section 11. Section 9-7-408 is amended to read:
272          9-7-408. Donations of money or property.
273          Any person desiring to make donations of money, personal property, or real estate for
274     the benefit of any library shall have the right to vest the title to the money, personal property, or
275     real estate in the library board of directors. The donation shall be held and controlled by the
276     library board, when accepted, according to the terms of the deed, gift, devise, or bequest of the
277     property, and the library board shall be held and considered to be trustees of the property.
278          Section 12. Section 9-7-409 is amended to read:
279          9-7-409. Entities may cooperate, merge, or consolidate in providing library
280     services.

281          [Boards] Library boards of directors of city libraries, library boards of directors of
282     county libraries, boards of education, governing boards of other educational institutions, library
283     agencies, and local political subdivisions may cooperate, merge, or consolidate in providing
284     library services.
285          Section 13. Section 9-7-502 is amended to read:
286          9-7-502. Library board of directors -- Expenses.
287          (1) (a) When the county legislative body decides to establish and maintain a county
288     public library under the provisions of this part, the county executive shall, with the advice and
289     consent of the county legislative body, appoint a library board of not less than five and not
290     more than nine directors chosen from the citizens of the county and based upon their fitness for
291     the office.
292          (b) When increasing membership on an existing library board, the county legislative
293     body:
294          (i) may not add more than two positions in any year; and
295          (ii) when adding members, shall ensure that the terms of library board members are
296     staggered so that approximately 1/4 of the board is selected each year.
297          (2) Only one member of the county legislative body may be, at any one time, a member
298     of the library board.
299          (3) Each director shall serve without compensation, but the actual and necessary
300     expenses incurred in the performance of the director's official duties may be paid from library
301     funds.
302          Section 14. Section 9-7-503 is amended to read:
303          9-7-503. Library board terms -- Officers -- Removal -- Vacancies.
304          (1) Each director of a library board shall be appointed for a four-year term, or until the
305     director's successor is appointed. Initially, appointments shall be made for one-, two-, three-,
306     and four-year terms, and one member of the county legislative body for the term of his elected
307     office. Annually thereafter, the county executive body shall, before the first day of July of
308     each year, appoint, with the advice and consent of the county legislative body, for a four-year

309     term, one director to take the place of the retiring director.
310          (2) Directors shall serve not more than two consecutive full terms.
311          (3) The directors shall annually select a chairman and other officers.
312          (4) The county executive body may remove any director for misconduct or neglect of
313     duty.
314          (5) Vacancies in [the] a library board of directors shall be filled for the unexpired terms
315     in the same manner as original appointments.
316          Section 15. Section 9-7-504 is amended to read:
317          9-7-504. Library board duties -- Library fund deposits.
318          (1) The library board of directors shall, with the approval of the county executive and
319     in accordance with county ordinances, policies, and procedures:
320          (a) be responsible for:
321          (i) the expenditure of the library fund;
322          (ii) the construction, lease, or sale of library buildings and land; and
323          (iii) the operation and care of the library; and
324          (b) purchase, lease, or sell land, and purchase, lease, construct, or sell buildings, for the
325     benefit of the library.
326          (2) The library board has those powers and duties as prescribed by county ordinance,
327     including establishing policies for collections and information resources that are consistent
328     with state and federal law.
329          (3) (a) All tax money received for the library shall be deposited in the county treasury
330     to the credit of the library fund, and may not be used for any purpose except that of the county
331     library.
332          (b) All money collected by the library shall be deposited to the credit of the library
333     fund.
334          Section 16. Section 9-7-505 is amended to read:
335          9-7-505. Rules -- Use of library.
336          (1) [The] Each library board shall make library rules in a manner consistent with

337     county ordinances, policies, and procedures for the governing of the library.
338          (2) Each library established under this part shall be free to the use of the inhabitants of
339     the area taxed for the support of the library, subject to the rules made as prescribed by county
340     ordinance.
341          Section 17. Section 9-7-506 is amended to read:
342          9-7-506. Annual reports.
343          The library board of directors shall:
344          (1) [make] provide an annual report to the county executive and county legislative
345     body on the condition and operation of the library, including a financial statement; and
346          [(2) provide for the keeping of records required by the State Library Board in its
347     request for an annual report from the public libraries, and submit that annual report to the State
348     Library Board.]
349          (2) provide an annual report to the director of the division that contains the information
350     required by the State Library Board.
351          Section 18. Section 9-7-507 is amended to read:
352          9-7-507. Librarian and other personnel.
353          (1) (a) The library board of directors shall recommend to the county executive for
354     appointment a competent person to serve as librarian.
355          (b) The county executive shall, within 30 days of the recommendation, either make the
356     appointment or request that the library board submit another recommendation.
357          (c) The librarian shall be an employee of the county subject to the personnel policies,
358     procedures, and compensation plans approved by the county executive and county legislative
359     body.
360          (d) The librarian shall act as the executive officer for the library board.
361          (2) (a) All library personnel are employees of the county.
362          (b) The librarian or the librarian's designee shall hire library personnel in accordance
363     with the county merit system, personnel policies and procedures, and compensation plans
364     approved by the county executive and county legislative body.

365          (3) As used in this section "librarian" means the county library director.
366          Section 19. Section 9-7-509 is amended to read:
367          9-7-509. Entities may cooperate, merge, or consolidate in providing library
368     services.
369          [Boards] Library boards of directors of city libraries, library boards of directors of
370     county libraries, boards of education, governing boards of other educational institutions, library
371     agencies, and local political subdivisions may cooperate in providing library services or merge
372     or consolidate under an interlocal agreement approved and implemented in accordance with
373     Title 11, Chapter 13, Interlocal Cooperation Act.
374          Section 20. Section 9-8-102 is amended to read:
375          9-8-102. Definitions.
376          As used in this chapter:
377          (1) "Board" means the Board of State History.
378          (2) "Director" means the director of the Division of State History.
379          (3) "Division" means the Division of State History.
380          (4) "Documentary materials" means written or documentary information contained in
381     published materials, manuscript collections, archival materials, photographs, sound recordings,
382     motion pictures, and other written, visual, and aural materials, except government records.
383          (5) "Historical artifacts" means objects produced or shaped by human efforts, a natural
384     object deliberately selected and used by a human, an object of aesthetic interest, and any
385     human-made objects produced, used, or valued by the historic peoples of Utah.
386          (6) "Society" means the Utah State Historical Society created in Section 9-8-207.
387          Section 21. Section 9-8-202 is amended to read:
388          9-8-202. Appointment of director.
389          [(1) The chief administrative officer of the division shall be a director appointed by the
390     executive director with the concurrence of the board.]
391          [(2) The director shall be experienced in administration and qualified by education or
392     training in the field of state history.]

393          The executive director, in consultation with the board, shall appoint a director of the
394     division:
395          (1) to serve as the chief administrative officer of the division; and
396          (2) who is experienced in administration and is qualified by education or training in the
397     field of state history.
398          Section 22. Section 9-8-204 is amended to read:
399          9-8-204. Board of State History.
400          (1) There is created within the department the Board of State History.
401          (2) The board shall consist of 11 members appointed by the governor with the consent
402     of the Senate as follows:
403          (a) sufficient representatives to satisfy the federal requirements for an adequately
404     qualified State Historic Preservation Review Board; and
405          (b) other persons with an interest in the subject matter of the division's responsibilities.
406          (3) (a) Except as required by Subsection (3)(b), the members shall be appointed for
407     terms of four years and shall serve until their successors are appointed and qualified.
408          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
409     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
410     board members are staggered so that approximately half of the board is appointed every two
411     years.
412          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
413     appointed for the unexpired term with the consent of the Senate.
414          (5) [Six members] A simple majority of the board [are] constitutes a quorum for [the
415     transaction of] conducting board business.
416          (6) The governor shall select a chair and vice chair from the board members.
417          (7) A member may not receive compensation or benefits for the member's service, but
418     may receive per diem and travel expenses in accordance with:
419          (a) Section 63A-3-106;
420          (b) Section 63A-3-107; and

421          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
422     63A-3-107.
423          Section 23. Section 9-8-206 is amended to read:
424          9-8-206. Historical magazine, books, documents, and microfilms -- Proceeds.
425          (1) The division shall, under the direction of the board:
426          (a) compile and publish an historical magazine to be furnished to supporting members
427     of the society in accordance with membership subscriptions or to be sold independently of
428     membership; and
429          (b) publish and sell other books, documents, and microfilms at reasonable prices to be
430     approved by the director.
431          (2) Proceeds from sales under this section shall be [retained in the treasury of the
432     society] deposited into the General Fund as a dedicated credit.
433          Section 24. Section 9-8-402 is amended to read:
434          9-8-402. Definitions -- Division duties.
435          (1) [As] In addition to the definitions described in Section 9-8-302, as used in this
436     part[,]:
437          (a) "Effect" means an alteration to one or more characteristics of a historic property
438     that qualify the historic property for inclusion in, or that make the historic property eligible for
439     inclusion in, the National Register of Historic Places.
440          (b) "Historic property" means any historic or prehistoric district, site, building,
441     structure, or object that is at least 50 years old and that is included in, or that is eligible for
442     inclusion in, the National Register of Historic Places.
443          (c) "State register" means a register of cultural sites and localities, historic and
444     prehistoric sites, and districts, buildings, and objects significant in Utah history.
445          (d) "Undertaking" means a project, activity, or program funded in whole or in part
446     under the direct or indirect jurisdiction of a state agency, including a project, activity, or
447     program:
448          (i) carried out by or on behalf of a state agency;

449          (ii) carried out with financial assistance from the state; or
450          (iii) that requires a state permit, license, or approval.
451          (2) The division shall:
452          (a) constitute the historic preservation agency for this state;
453          (b) establish a state register for the orderly identification and recognition of the state's
454     cultural resources; and
455          (c) provide for participation in the National Historic Preservation Program.
456          Section 25. Section 9-8-404 is amended to read:
457          9-8-404. Agency responsibilities -- State historic preservation officer to comment
458     on undertaking -- Public Lands Policy Coordinating Office may require joint analysis.
459          [(1) (a) Before expending any state funds or approving any undertaking, each agency
460     shall:]
461          [(i) take into account the effect of the expenditure or undertaking on any historic
462     property; and]
463          [(ii) unless exempted by agreement between the agency and the state historic
464     preservation officer, provide the state historic preservation officer with a written evaluation of
465     the expenditure's or undertaking's effect on the historic property.]
466          (1) (a) Before making a final agency decision authorizing the expenditure of state funds
467     or providing financial assistance for an undertaking, an agency shall:
468          (i) take into account the effect of the undertaking on any historic property; and
469          (ii) provide the state historic preservation officer with a written evaluation of the
470     undertaking's effect on any historic property.
471          (b) The state historic preservation officer shall provide to the agency a written
472     comment on the agency's determination of effect within 30 days after the day on which the state
473     historic preservation officer receives a written evaluation described in Subsection (1)(a)(ii).
474          (c) If the written evaluation described in Subsection (1)(a)(ii) demonstrates that there is
475     an adverse effect to a historic property, the agency shall enter into a formal written agreement
476     with the state historic preservation officer describing how each adverse effect will be mitigated

477     before the agency may expend state funds or provide financial assistance for the undertaking.
478          [(b)] (d) [Once per month, the] The state historic preservation officer shall [provide]
479     make available to the Public Lands Policy Coordinating Office [with] a list of undertakings on
480     which an agency or federal agency has requested the state historic preservation officer's or the
481     Antiquities Section's advice or consultation.
482          [(c)] (e) The Public Lands Policy Coordinating Office may request the joint analysis
483     described in Subsections (2)(c) and (d) of any proposed undertaking on which the state historic
484     preservation officer or Antiquities Section is providing advice or consultation.
485          (2) (a) If the state historic preservation officer does not concur with the agency's
486     written evaluation required by Subsection (1)(a)(ii), the state historic preservation officer shall
487     inform the Public Lands Policy Coordinating Office of any objections.
488          (b) The Public Lands Policy Coordinating Office shall review the state historic
489     preservation officer's objections and determine whether or not to initiate the joint analysis
490     established in Subsections (2)(c) and (d) within 30 days after the day on which the state historic
491     preservation officer informs the Public Lands Policy Coordinating Office of the objections.
492          (c) If the Public Lands Policy Coordinating Office determines further analysis is
493     necessary, the Public Lands Policy Coordinating Office shall, jointly with the agency and the
494     state historic preservation officer, analyze:
495          (i) the cost of the undertaking, excluding costs attributable to the identification,
496     potential recovery, or excavation of historic properties;
497          (ii) the ownership of the land involved;
498          (iii) the likelihood of the presence and the nature and type of historical properties that
499     may be affected by the expenditure or undertaking; and
500          (iv) clear and distinct alternatives for the identification, recovery, or excavation of
501     historic properties, including ways to maximize the amount of information recovered and
502     report that information at current standards of scientific rigor.
503          (d) The Public Lands Policy Coordinating Office, the agency, and the state historic
504     preservation officer shall also consider as part of the joint analysis:

505          (i) the estimated costs of the alternatives in Subsection (2)(c)(iv) in total and as a
506     percentage of the total cost of the undertaking; and
507          (ii) at least one plan for the identification, recovery, or excavation of historic properties
508     that does not substantially increase the cost of the proposed undertaking.
509          (3) (a) (i) If the state historic preservation officer concurs with the agency's evaluation
510     or if the Public Lands Policy Coordinating Office determines that the joint analysis is
511     unnecessary, the state historic preservation officer shall, no later than 30 calendar days after
512     receiving the agency's evaluation, provide formal comments on the agency's evaluation.
513          (ii) If a joint analysis is conducted, the state historic preservation officer shall provide
514     formal comments on the agency's evaluation no later than 30 calendar days after the conclusion
515     of the joint analysis.
516          (b) The state historic preservation officer shall ensure that the comments include the
517     results of any joint analysis conducted under Subsection (2).
518          (c) If a joint analysis is not conducted, the state historic preservation officer's
519     comments may include advice about ways to maximize the amount of historic, scientific,
520     archaeological, anthropological, and educational information recovered, in addition to the
521     physical recovery of [specimens] artifacts and the reporting of archaeological information at
522     current standards of scientific rigor.
523          [(4) (a) Once per month, the state historic preservation officer shall provide the Public
524     Lands Policy Coordinating Office with a list of comments the state historic preservation officer
525     intends to make or has made as required or authorized by the National Historic Preservation
526     Act, 54 U.S.C. Sec. 300101 et seq.]
527          [(b) At the request of the Public Lands Policy Coordinating Office, the state historic
528     preservation officer shall discuss the comments with the Public Lands Policy Coordinating
529     Office.]
530          Section 26. Section 9-8-805 is amended to read:
531          9-8-805. Collecting institutions -- Perfecting title -- Notice.
532          (1) (a) [Any] A collecting institution wishing to perfect title in any reposited materials

533     held by it shall send, by registered mail, a notice containing the information required by [this
534     section] Subsection (2) to the last-known address of the last-known owner of the property.
535          [(b) The collecting institution shall publish a notice containing the information
536     required by this section:]
537          [(i) if:]
538          [(A) the owner or the address of the owner of the reposited materials is unknown;]
539          [(B) the mailed notice is returned to the collecting institution without a forwarding
540     address; or]
541          [(C) the owner does not claim the reposited materials within 90 days after the notice
542     was mailed; and]
543          [(ii) (A) by publication at least once per week for two consecutive weeks in a
544     newspaper of general circulation in the county where the collection institution is located; and]
545          [(B) by publication in accordance with Section 45-1-101 for two weeks.]
546          (b) In addition to the requirements of Subsection (1)(a), a collecting institution shall
547     publish a notice containing the information required by Subsection (2) if:
548          (i) the owner or the address of the owner of the reposited materials is unknown;
549          (ii) the mailed notice is returned to the collecting institution without a forwarding
550     address; or
551          (iii) the owner does not claim the reposited materials within 90 days after the day on
552     which the notice was mailed.
553          (c) If required to publish a notice under Subsection (1)(b), the collecting institution, in
554     accordance with Section 45-1-101, shall publish the notice:
555          (i) at least once per week for two consecutive weeks in a newspaper of general
556     circulation in the county where the collecting institution is located; and
557          (ii) on the public legal notice website for at least two weeks.
558          (2) [The notices] Each notice required by this section shall include:
559          (a) the name, if known, and the last-known address, if any, of the last-known owner of
560     the reposited materials;

561          (b) a description of the reposited materials;
562          (c) the name of the collecting institution that has possession of the reposited materials
563     and a person within that institution whom the owner may contact; and
564          (d) a statement that if the reposited materials are not claimed within 90 days from the
565     [date that] day on which the notice is published in accordance with Subsection (1)(b), the
566     reposited materials are considered [to be] abandoned and become the property of the collecting
567     institution.
568          (3) If no one [has claimed the] claims reposited materials within 90 days after the [date
569     that the] day on which notice is published in accordance with Subsection (1)(b), the reposited
570     materials are considered [to be] abandoned and are the property of the collecting institution.
571          Section 27. Section 9-20-101, which is renumbered from Section 9-1-801 is
572     renumbered and amended to read:
573     
CHAPTER 20. UTAH COMMISSION ON SERVICE AND VOLUNTEERISM
ACT

574     
Part 1. General Provisions

575          [9-1-801].      9-20-101. Title.
576          This [part] chapter is known as the "Utah Commission on Service and Volunteerism
577     Act."
578          Section 28. Section 9-20-102, which is renumbered from Section 9-1-802 is
579     renumbered and amended to read:
580          [9-1-802].      9-20-102. Definitions.
581          As used in this chapter:
582          (1) "Act" means the National Community and Service Trust Act of 1993, 42 U.S.C.
583     12501 et seq.
584          (2) "Commission" means the Utah Commission on Service and Volunteerism created
585     in Section [9-1-803] 9-20-201.
586          (3) "Corporation" means the Corporation for National and Community Service
587     described in the act.
588          Section 29. Section 9-20-201, which is renumbered from Section 9-1-803 is

589     renumbered and amended to read:
590     
Part 2. Utah Commission on Service and Volunteerism

591          [9-1-803].      9-20-201. Creation -- Members -- Appointment -- Terms --
592     Vacancies -- Per diem and expenses.
593          (1) There is created the Utah Commission on Service and Volunteerism consisting of
594     19 voting members and one nonvoting member.
595          (2) The 19 voting members of the commission are:
596          (a) the lieutenant governor;
597          (b) the commissioner of higher education or the commissioner's designee;
598          (c) the state superintendent of public instruction or the superintendent's designee;
599          (d) the executive director of the Department of Heritage and Arts or the executive
600     director's designee;
601          (e) nine members appointed by the governor as follows:
602          (i) an individual with expertise in the educational, training, and developmental needs of
603     youth, particularly disadvantaged youth;
604          (ii) an individual with experience in promoting the involvement of older adults in
605     volunteer service;
606          (iii) a representative of a community-based agency or organization within the state;
607          (iv) a representative of local government;
608          (v) a representative of a local labor organization in the state;
609          (vi) a representative of business;
610          (vii) an individual between the ages of 16 and 25 who participates in a volunteer or
611     service program;
612          (viii) a representative of a national service program; and
613          (ix) a representative of the volunteer sector; and
614          (f) six members appointed by the governor from among the following groups:
615          (i) local educators;
616          (ii) experts in the delivery of human, educational, cultural, environmental, or public

617     safety services to communities and individuals;
618          (iii) representatives of Native American tribes;
619          (iv) representatives of organizations that assist out-of-school youth or other at-risk
620     youth; or
621          (v) representatives of entities that receive assistance under the Domestic Volunteer
622     Service Act of 1973, 42 U.S.C. 4950 et seq.
623          (3) The nonvoting member of the commission is the state representative of the
624     corporation.
625          (4) (a) In appointing persons to serve on the commission, the governor shall ensure
626     that:
627          (i) no more than 10 voting members of the commission are members of the same
628     political party; and
629          (ii) no more than five voting members of the commission are state government
630     employees.
631          (b) In appointing persons to serve on the commission, the governor shall strive for
632     balance on the commission according to race, ethnicity, age, gender, and disability
633     characteristics.
634          (5) (a) Except as required by Subsection (5)(b), as terms of current commission
635     members expire, the governor shall appoint each new member or reappointed member to a
636     three-year term.
637          (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
638     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
639     commission members are staggered so that approximately one-third of the commission is
640     appointed every year.
641          (6) When a vacancy occurs in the membership, the replacement shall be appointed for
642     the unexpired term.
643          (7) A member appointed by the governor may not serve more than two consecutive
644     terms.

645          (8) A member may not receive compensation or benefits for the member's service, but
646     may receive per diem and travel expenses in accordance with:
647          (a) Section 63A-3-106;
648          (b) Section 63A-3-107; and
649          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
650     63A-3-107.
651          Section 30. Section 9-20-202, which is renumbered from Section 9-1-805 is
652     renumbered and amended to read:
653          [9-1-805].      9-20-202. Election of commission chair and vice chair.
654          (1) [The] Subject to Subsection (2), the voting members of the commission shall elect
655     a chair and a [vice-chair] vice chair from among the voting members of the commission.
656          (2) The voting members of the commission may not elect the lieutenant governor as
657     chair or vice chair of the commission.
658          [(2)] (3) The chair and [vice-chair] vice chair shall serve for a term of one year.
659          Section 31. Section 9-20-203, which is renumbered from Section 9-1-806 is
660     renumbered and amended to read:
661          [9-1-806].      9-20-203. Commission chair and vice chair duties.
662          (1) The chair shall:
663          (a) preside at meetings of the commission; and
664          (b) authorize and execute the actions of the commission.
665          (2) The [vice-chair] vice chair shall:
666          (a) assist the chair;
667          (b) if the chair is absent, perform the duties of the chair;
668          (c) accept special assignments from the chair; and
669          (d) perform other duties as delegated by the commission.
670          Section 32. Section 9-20-204, which is renumbered from Section 9-1-808 is
671     renumbered and amended to read:
672          [9-1-808].      9-20-204. Meetings -- Quorum.

673          (1) The commission shall meet at least quarterly.
674          (2) A voting member of the commission who fails to attend at least 75% of called
675     meetings in a calendar year is automatically removed from the commission.
676          (3) A commission quorum is a simple majority of the voting members.
677          Section 33. Section 9-20-205, which is renumbered from Section 9-1-809 is
678     renumbered and amended to read:
679          [9-1-809].      9-20-205. Commission duties.
680          (1) The commission shall:
681          (a) [assist in] administer the selection, development, and oversight of programs funded
682     and established by the act;
683          (b) pursue opportunities for sustainable and high-impact community service;
684          (c) develop and annually update a three-year community service plan for the state,
685     including the establishment of state priorities; and
686          (d) stimulate increased community awareness of the impact of volunteer service in the
687     state.
688          (2) (a) The commission may, subject to Title 63J, Chapter 5, Federal Funds Procedures
689     Act, receive and accept federal funds, and may receive and accept private gifts, donations, or
690     funds from any source.
691          (b) Money received under this Subsection (2) shall be deposited with the state and shall
692     be available to the commission to carry out the purposes of this part.
693          Section 34. Section 9-20-206, which is renumbered from Section 9-1-810 is
694     renumbered and amended to read:
695          [9-1-810].      9-20-206. Reporting and administration.
696          (1) The executive director, in consultation with the commission, shall appoint a
697     director of the commission who is:
698          (a) experienced in administration; and
699          (b) qualified by education or training in the field of public administration.
700          (2) The director of the commission shall report to the executive director.

701          [(1)] (3) The commission shall:
702          (a) report to the office of the lieutenant governor[.]; and
703          (b) by January 1, provide an annual written report to the lieutenant governor on service
704     and volunteerism in the state.
705          [(2)] (4) The [Department of Heritage and Arts] department shall provide
706     administrative and staff support services to the commission.
707          Section 35. Section 9-20-207, which is renumbered from Section 9-1-811 is
708     renumbered and amended to read:
709          [9-1-811].      9-20-207. Rulemaking.
710          In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and the
711     provisions of this chapter, the Department of Heritage and Arts may make rules to:
712          (1) implement this [part] chapter; and
713          (2) ensure the commission complies with the act and related federal requirements.
714          Section 36. Section 9-21-101 is enacted to read:
715     
CHAPTER 21. DIVISION OF MULTICULTURAL AFFAIRS ACT

716     
Part 1. General Provisions

717          9-21-101. Title.
718          This chapter is known as the "Division of Multicultural Affairs Act."
719          Section 37. Section 9-21-102 is enacted to read:
720          9-21-102. Definitions.
721          As used in this chapter:
722          (1) "Commission" means the Utah Multicultural Commission created in Section
723     9-21-301.
724          (2) "Director" means the director of the Division of Multicultural Affairs.
725          (3) "Division" means the Division of Multicultural Affairs created in Section 9-21-201.
726          (4) "Human rights commission" means the Utah Martin Luther King, Jr. Human Rights
727     Commission created in Section 9-21-401.
728          Section 38. Section 9-21-201 is enacted to read:

729     
Part 2. Division of Multicultural Affairs

730          9-21-201. Creation.
731          (1) There is created within the department the Division of Multicultural Affairs under
732     the administration and general supervision of the executive director.
733          (2) The division shall be under the policy direction of the executive director in
734     consultation with the director and the commission.
735          Section 39. Section 9-21-202 is enacted to read:
736          9-21-202. Responsibilities of the division.
737          The responsibilities of the division include:
738          (1) identifying the needs of the state's multicultural communities;
739          (2) promoting inclusiveness and cultivating trust and cooperation between the state,
740     nonprofit entities receiving state funds, and the state's multicultural communities; and
741          (3) working with state agencies to ensure the state provides equitable resources,
742     services, and programs to address the needs of the state's multicultural communities.
743          Section 40. Section 9-21-203 is enacted to read:
744          9-21-203. Reporting requirements.
745          The division shall submit an annual written report to the department for inclusion in the
746     department's annual report described in Section 9-1-208, which shall describe the activities and
747     recommendations of:
748          (1) the division in meeting the division's responsibilities as described in this chapter;
749          (2) the commission in meeting the commission's responsibilities as described in this
750     chapter, including the strategic plan described in Section 9-21-302; and
751          (3) the human rights commission in meeting the human rights commission's
752     responsibilities as described in this chapter.
753          Section 41. Section 9-21-301 is enacted to read:
754     
Part 3. Utah Multicultural Commission

755          9-21-301. Creation of commission -- Membership -- Rulemaking.
756          (1) There is created within the division the Utah Multicultural Commission.

757          (2) The commission shall consist of:
758          (a) the lieutenant governor, who shall serve as chair of the commission; and
759          (b) at least 14 additional members appointed by the governor to two-year terms.
760          (3) Notwithstanding the requirements of Subsection (2)(b), the governor shall at the
761     time of appointment adjust the length of terms to ensure that the terms of commission members
762     are staggered so that approximately half of the commission is appointed every two years.
763          (4) The commission shall meet at least six times per year.
764          (5) A majority of the members of the commission constitutes a quorum of the
765     commission at any meeting, and the action of the majority of members present is the action of
766     the commission.
767          (6) A member appointed by the governor may be reappointed for one or more
768     additional terms.
769          (7) When a vacancy occurs in the membership, the governor shall appoint a
770     replacement for the unexpired term.
771          (8) A member may not receive compensation or benefits for the member's service, but
772     may receive per diem and travel expenses in accordance with:
773          (a) Sections 63A-3-106 and 63A-3-107; and
774          (b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
775     63A-3-107.
776          (9) The department shall make rules establishing the membership, duties, and
777     procedures of the commission in accordance with the requirements of:
778          (a) this chapter; and
779          (b) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
780          (10) The department shall provide administrative support to the commission.
781          Section 42. Section 9-21-302 is enacted to read:
782          9-21-302. Commission duties.
783          The commission shall:
784          (1) cooperate with the division and state agencies to ensure access to culturally

785     competent programs and services that meet the needs of the state's multicultural communities;
786          (2) make recommendations to the director regarding policies, practices, and procedures
787     to ensure the proper delivery of state resources, services, and programs to the state's
788     multicultural communities;
789          (3) cooperate with the division and state agencies to ensure proper outreach to the
790     state's multicultural communities regarding state resources, services, and programs; and
791          (4) develop a strategic plan to identify needs, goals, and deliverables that will directly
792     impact the most significant and urgent needs of the state's multicultural communities.
793          Section 43. Section 9-21-401 is enacted to read:
794     
Part 4. Utah Martin Luther King, Jr. Human Rights Commission

795          9-21-401. Creation of human rights commission -- Membership -- Rulemaking.
796          (1) There is created within the division the Utah Martin Luther King, Jr. Human Rights
797     Commission.
798          (2) (a) The human rights commission shall consist of 13 members appointed by the
799     governor to two-year terms.
800          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall at the
801     time of appointment adjust the length of terms to ensure that the terms of human rights
802     commission members are staggered so that approximately half of the human rights commission
803     is appointed every two years.
804          (3) The governor shall appoint one of the members as chair of the human rights
805     commission.
806          (4) The human rights commission shall meet at least quarterly.
807          (5) A majority of the members of the human rights commission constitutes a quorum
808     of the human rights commission at any meeting, and the action of the majority of members
809     present is the action of the human rights commission.
810          (6) A member appointed by the governor may not serve more than two consecutive
811     terms.
812          (7) When a vacancy occurs in the membership, the governor shall appoint a

813     replacement for the unexpired term.
814          (8) A member may not receive compensation or benefits for the member's service, but
815     may receive per diem and travel expenses in accordance with:
816          (a) Sections 63A-3-106 and 63A-3-107; and
817          (b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
818     63A-3-107.
819          (9) The department shall make rules establishing the membership, duties, and
820     procedures of the human rights commission in accordance with the requirements of:
821          (a) this chapter; and
822          (b) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
823          (10) The department shall provide administrative support to the commission.
824          Section 44. Section 9-21-402 is enacted to read:
825          9-21-402. Human rights commission duties.
826          The human rights commission shall:
827          (1) promote Dr. Martin Luther King, Jr. Day by:
828          (a) encouraging appropriate ceremonies and activities commemorating the federal and
829     state holiday, which occurs on the third Monday of January each year;
830          (b) seeking to involve the public and private sectors in promoting diversity, equality,
831     and human rights;
832          (c) providing recommendations and assistance to government entities and private
833     organizations regarding the observance of the holiday;
834          (d) coordinating efforts with state residents of diverse backgrounds and with private
835     organizations regarding the observance of the holiday; and
836          (e) partnering with educational institutions to assist schools in promoting appropriate
837     events to honor human rights and the holiday; and
838          (2) report annually to the division regarding the activities of the commission.
839          Section 45. Repealer.
840          This bill repeals:

841          Section 9-8-601, Definitions.
842          Section 9-8-602, Authority to write and publish county history -- Administration of
843     project.
844          Section 9-8-603, Standards -- Publication.