Representative Kay J. Christofferson proposes the following substitute bill:




Chief Sponsor: Daniel McCay

House Sponsor: Stephen G. Handy


8     General Description:
9          This bill modifies provisions related to the state flag.
10     Highlighted Provisions:
11          This bill:
12          ▸     extends the term of each member of the State Flag Task Force;
13          ▸     extends the date on which the State Flag Task Force is required to select proposed
14     state flag designs and report to the Legislature regarding the State Flag Task Force's
15     recommendations for a new state flag;
16          ▸     extends the sunset date of the State Flag Task Force; and
17          ▸     makes technical and conforming changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          This bill provides a special effective date.
22     Utah Code Sections Affected:
23     AMENDS:
24          36-29-202, as enacted by Laws of Utah 2021, Chapter 205
25          36-29-203, as enacted by Laws of Utah 2021, Chapter 205

26          63I-2-236, as last amended by Laws of Utah 2021, Chapters 205 and 250

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 36-29-202 is amended to read:
30          36-29-202. State Flag Task Force -- Creation -- Membership -- Meetings --
31     Vacancies -- Per diem and expenses -- Staff.
32          (1) There is created the State Flag Task Force.
33          (2) The task force consists of the following nine members:
34          (a) the governor, or the governor's designee;
35          (b) the lieutenant governor, or the lieutenant governor's designee;
36          (c) three members of the Senate, appointed by the president of the Senate;
37          (d) three members of the House of Representatives, appointed by the speaker of the
38     House of Representatives; and
39          (e) the executive director of the Department of Cultural and Community Engagement.
40          (3) Each individual with authority to appoint a member of the task force under
41     Subsection (2) shall make the appointment on or before June 1, 2021.
42          (4) The governor shall appoint a chair of the task force.
43          (5) A majority of the task force constitutes a quorum for the transaction of task force
44     business.
45          (6) The task force shall ensure that each meeting of the task force complies with Title
46     52, Chapter 4, Open and Public Meetings Act.
47          (7) The term of each member of the task force ends on November 30, [2022] 2023.
48          (8) (a) A member of the task force may be removed from the task force by the
49     individual who appointed the member.
50          (b) Within 14 days after the day on which a vacancy occurs on the task force for any
51     reason, the individual who originally appointed the member shall fill the vacancy in accordance
52     with Subsection (2).
53          (9) (a) Subject to Subsection (9)(b), a task force member may not receive
54     compensation or benefits for the member's service on the task force but may receive per diem
55     and reimbursement for travel expenses incurred as a task force member in accordance with:
56          (i) Sections 63A-3-106 and 63A-3-107; and

57          (ii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
58     63A-3-107.
59          (b) Compensation and expenses of a task force member who is a legislator are governed
60     by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
61     Expenses.
62          (10) The Department of Cultural and Community Engagement shall provide staff
63     support for the task force and assist the task force in conducting task force meetings.
64          Section 2. Section 36-29-203 is amended to read:
65          36-29-203. Task force duties.
66          (1) The task force shall:
67          [(1)] (a) convene the task force's initial meeting on or before June 11, 2021;
68          [(2)] (b) establish and adopt guiding principles for the task force regarding flag design
69     and the goals of recommending a revised or new state flag for the state;
70          [(3)] (c) create a process for the submission and task force assessment of proposed
71     designs for a revised or new state flag of Utah, including a process that includes the design
72     community;
73          [(4)] (d) on or before September 15, [2021] 2022, select a group of up to 10 proposed
74     flag designs that:
75          [(a)] (i) represent the state; and
76          [(b)] (ii) adhere to the guiding principles described in Subsection [(2)] (1)(b);
77          [(5)] (e) create a process that includes the gathering of public input to review the
78     proposed flag designs described in [Subsections (2) and (3)] Subsection (1)(d), including the
79     public input of children and young people in the state, and to select a proposed revised or new
80     state flag of Utah; and
81          [(6)] (f) on or before November 1, [2021] 2022, provide a written report and
82     recommendations to the Economic Development and Workforce Services Interim Committee
83     and the Legislature regarding:
84          [(a)] (i) the proposed flag designs described in Subsection [(3)] (1)(d);
85          [(b)] (ii) the process and results of the review of the proposed flag designs described in
86     Subsection [(5)] (1)(e);
87          [(c)] (iii) the task force's recommendation for the design of a revised or new state flag

88     of Utah; and
89          [(d)] (iv) proposed legislation retaining the current flag, revising the current flag, or
90     designating a new state flag of Utah, which may include a recommendation to designate the
91     current state flag of Utah described in Section 63G-1-501 as the governor's flag.
92          [(7)] (2) The task force may:
93          (a) create working groups to carry out the task force's duties under this section,
94     including working with one or more graphic designers or other professionals to review and
95     improve designs for consideration by the task force; and
96          (b) accept contributions from private or public sources for the purpose of awarding a
97     prize to one or more creators of flag designs selected and recommended by the task force.
98          Section 3. Section 63I-2-236 is amended to read:
99          63I-2-236. Repeal dates -- Title 36.
100          (1) Section 36-29-107.5 is repealed on November 30, 2023.
101          (2) The following sections regarding the State Flag Task Force are repealed on January
102     1, [2023] 2024:
103          (a) Section 36-29-201;
104          (b) Section 36-29-202; and
105          (c) Section 36-29-203.
106          Section 4. Effective date.
107          If approved by two-thirds of all the members elected to each house, this bill takes effect
108     upon approval by the governor, or the day following the constitutional time limit of Utah
109     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
110     the date of veto override.