This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 8, 2024 at 10:13 AM by lpoole.
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Thu, Feb 15, 2024 at 11:26 AM by lpoole.
1     
CULTURAL AND COMMUNITY ENGAGEMENT AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Christine F. Watkins

5     
Senate Sponsor: Scott D. Sandall

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to cultural and community engagement.
10     Highlighted Provisions:
11          This bill:
12          ▸     revises definitions;
13          ▸     modifies the Utah Arts and Museums Advisory Board and its duties;
14          ▸     modifies the Utah Historical Society's duties;
15          ▸     modifies the State Historic Preservation Office's duties;
16          ▸     modifies the Utah Commission on Service and Volunteerism and its duties; and
17          ▸     makes technical and conforming changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          9-6-102, as last amended by Laws of Utah 2020, Chapter 419
25          9-6-201, as last amended by Laws of Utah 2020, Chapters 154, 419
26          9-6-202, as last amended by Laws of Utah 2020, Chapters 154, 419
27          9-6-301, as repealed and reenacted by Laws of Utah 2020, Chapter 419

28          9-6-302, as repealed and reenacted by Laws of Utah 2020, Chapter 419
29          9-6-303, as repealed and reenacted by Laws of Utah 2020, Chapter 419
30          9-6-502, as last amended by Laws of Utah 2020, Chapter 419
31          9-6-504, as last amended by Laws of Utah 2020, Chapter 419
32          9-6-505, as last amended by Laws of Utah 2020, Chapter 419
33          9-7-101 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters 160,
34     291
35          9-7-101 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 157,
36     160 and 291 and last amended by Coordination Clause, Laws of Utah 2023, Chapter
37     291
38          9-7-201, as last amended by Laws of Utah 2023, Chapters 160, 291 and last amended
39     by Coordination Clause, Laws of Utah 2023, Chapter 291
40          9-7-205, as last amended by Laws of Utah 2023, Chapters 160, 291 and last amended
41     by Coordination Clause, Laws of Utah 2023, Chapter 291
42          9-8-203, as last amended by Laws of Utah 2023, Chapter 160
43          9-8a-203, as renumbered and amended by Laws of Utah 2023, Chapter 160
44          9-20-201, as last amended by Laws of Utah 2021, Chapter 184
45          9-20-202, as renumbered and amended by Laws of Utah 2019, Chapter 221
46          9-20-204, as renumbered and amended by Laws of Utah 2019, Chapter 221
47          9-20-205, as renumbered and amended by Laws of Utah 2019, Chapter 221
48          9-20-206, as renumbered and amended by Laws of Utah 2019, Chapter 221
49          63I-1-209, as last amended by Laws of Utah 2020, Chapters 154, 232 and last amended
50     by Coordination Clause, Laws of Utah 2020, Chapter 154
51     RENUMBERS AND AMENDS:
52          9-8a-206, (Renumbered from 9-8-906, as enacted by Laws of Utah 2023, Chapter 202)
53     REPEALS:
54          9-6-305, as repealed and reenacted by Laws of Utah 2020, Chapter 419
55          9-6-306, as repealed and reenacted by Laws of Utah 2020, Chapter 419
56     

57     Be it enacted by the Legislature of the state of Utah:
58          Section 1. Section 9-6-102 is amended to read:

59          9-6-102. Definitions.
60          As used in this chapter:
61          (1) Ŝ→ (a) ←Ŝ "Arts" means the various branches of creative human activity, including
61a     visual arts,
62     film, performing arts, sculpture, literature, music, theater, dance, digital arts, video-game arts,
63     and cultural vitality.
63a     Ŝ→ (b) "Arts" includes traditional, folk, classical, ethnic, contemporary, and other art forms.
63b     ←Ŝ
64          (2) "Arts and museums board" means the Utah Arts and Museums Advisory Board
65     created in Section 9-6-301.
66          (3) "Development" includes:
67          (a) constructing, expanding, or repairing a museum or other facility that houses arts or
68     cultural presentations;
69          (b) providing for public information, preservation, and access to museums, the arts,
70     and the cultural heritage of the state; and
71          (c) supporting the professional development of artists, cultural administrators, and
72     cultural leaders within the state.
73          (4) "Director" means the director of the Division of Arts and Museums.
74          (5) "Division" means the Division of Arts and Museums.
75          (6) "Museum" means an organized and permanent institution that:
76          (a) is owned or controlled by the state, a county, or a municipality, or is a nonprofit
77     organization;
78          (b) has an educational or aesthetic purpose;
79          (c) owns or curates a tangible collection; and
80          (d) exhibits the collection to the public on a regular schedule.
81          [(7) "Museums board" means the Utah Museums Advisory Board created in Section
82     9-6-305.]
83          Section 2. Section 9-6-201 is amended to read:
84          9-6-201. Division of Arts and Museums -- Creation -- Powers and duties.
85          (1) There is created within the department the Division of Arts and Museums under the
86     administration and general supervision of the executive director or the designee of the
87     executive director.
88          (2) The division shall:
89          (a) advance the interests of arts and museums in the state in all stages of development;
90          (b) promote and encourage the development of arts, museums, and culture in the state;
91          (c) support the efforts of state and local government and nonprofit arts, museums, and
92     cultural organizations to encourage the development of arts, museums, and culture in the state;
93          (d) provide assistance to museums in the state to improve museums' ability to:
94          (i) care for and manage collections;
95          (ii) develop quality educational resources such as exhibitions, collections, and
96     publications;
97          (iii) provide access to collections for research; and
98          (iv) provide other services as needed;
99          (e) assist arts and museum organizations in the state in cultural development as needed;
100          (f) cooperate with federal agencies and locally sponsor federal projects directed to the
101     development of arts, museums, and culture in the state;
102          (g) develop the influence of arts and museums in education and life-long learning;
103          (h) cooperate with the private sector, including businesses, charitable interests,
104     educational interests, manufacturers, agriculturalists, and industrialists in arts, museums, and
105     cultural endeavors;
106          (i) disseminate information related to arts, museums, and culture by utilizing broadcast
107     media and print media;
108          (j) foster, promote, encourage, and facilitate the study, creation, and appreciation of the
109     arts, museums, and culture in the state;
110          (k) foster, promote, encourage, and facilitate, the study, creation, and appreciation of
111     the works of indigenous artists in the state;
112          (l) advise state and local government agencies and employees regarding arts and
113     museums related issues, including arts and museums capital development projects;
114          (m) provide technical advice and information about sources of technical assistance to
115     arts, museums, and cultural organizations in the state;
116          (n) develop, coordinate, and support programs, workshops, seminars, and similar
117     activities that provide training for staff members of arts, museums, and cultural organizations
118     in the state;
119          (o) undertake research to understand the training needs of the arts, museums, and
120     cultural organizations community and assess how those needs can be met;

121          (p) administer grant programs to assist eligible arts, museums, and cultural
122     organizations in the state; and
123          (q) create strategic partnerships to advance the development of arts, museums, and
124     cultural organizations in the state.
125          Section 3. Section 9-6-202 is amended to read:
126          9-6-202. Division director.
127          (1) The chief administrative officer of the division shall be a director appointed by the
128     executive director in consultation with the arts [board and the] and museums board.
129          (2) The director shall be a person experienced in administration and knowledgeable
130     about the arts and museums.
131          (3) In addition to the division, the director is the chief administrative officer for[: (a)]
132     the Utah Arts and Museums Advisory Board created in Section 9-6-301[; and].
133          [(b) the Utah Museums Advisory Board created in Section 9-6-305.]
134          Section 4. Section 9-6-301 is amended to read:
135          9-6-301. Utah Arts and Museums Advisory Board.
136          (1) There is created within the division the Utah Arts and Museums Advisory Board.
137          (2) (a) Except as provided in Subsections (2)(b) and [(2)(f)] (2)(g), the arts and
138     museums board shall consist of [13] up to 17 members appointed by the governor to four-year
139     terms Ŝ→ [
[] ←Ŝ with the consent of the Senate Ŝ→ []] ←Ŝ .
140          (b) The governor shall, at the time of appointment or reappointment, adjust the length
141     of terms to ensure that the terms of arts and museums board members are staggered so that
142     approximately half of the arts and museums board is appointed every two years.
143          (c) The governor shall appoint [eight] up to seven members who are working artists or
144     administrators, one from each of the following areas:
145          (i) visual arts, architecture, or design;
146          [(ii) architecture or design;]
147          [(iii)] (ii) literature;
148          [(iv)] (iii) music;
149          [(v)] (iv) folk, traditional, or native arts;
150          [(vi)] (v) theater;
151          [(vii)] (vi) dance; and

152          [(viii)] (vii) media arts.
153          (d) The governor shall appoint six members who are qualified, trained, and
154     experienced museum professionals, including three members, who each have a minimum of
155     five years continuous paid work experience at a museum.
156          [(d)] (e) The governor shall appoint [three] up to two members who are knowledgeable
157     in or appreciative of the arts or museums.
158          [(e)] (f) The governor shall appoint up to two members who have expertise in
159     technology, marketing, business, or finance.
160          [(f)] (g) Before January 1, [2026] 2027, the governor may appoint up to [three] seven
161     additional members who are knowledgeable in or appreciative of the arts or museums:
162          (i) for terms that shall end before [January 1, 2026] June 30, 2027; and
163          (ii) in which case the arts and museums board may consist of up to [16] 24 members
164     until [January 1, 2026] June 30, 2027.
165          (3) The governor shall appoint members from the state [at large] with due
166     consideration for organizational size and geographical representation.
167          (4) When a vacancy occurs in the membership for any reason, the governor shall
168     appoint a replacement member for the unexpired term within one month from the time of the
169     vacancy.
170          (5) A simple majority of the voting members of the arts and museums board constitutes
171     a quorum for the transaction of business.
172          (6) (a) The arts and museums board members shall elect a chair and a vice chair from
173     among the arts and museums board's members.
174          (b) The chair and the vice chair shall serve a term of up to two years.
175          (7) The arts and museums board shall meet at least [once] twice each year.
176          (8) A member of the arts and museums board may not receive compensation or
177     benefits for the member's service, but may receive per diem and travel expenses in accordance
178     with:
179          (a) Sections 63A-3-106 and 63A-3-107; and
180          (b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
181     63A-3-107.
182          (9) Except as provided in Subsection (8), a member may not receive any gifts, prizes,

183     or awards of money from division funds during the member's term of office.
184          Section 5. Section 9-6-302 is amended to read:
185          9-6-302. Arts and museums board powers and duties.
186          (1) The arts and museums board may:
187          (a) with the concurrence of the director, make rules governing the conduct of the arts
188     and museums board's business in accordance with Title 63G, Chapter 3, Utah Administrative
189     Rulemaking Act; and
190          (b) receive gifts, bequests, and property.
191          (2) The arts and museums board shall:
192          (a) act in an advisory capacity for the division;
193          (b) appoint an arts acquisition collection committee as described in Section 9-6-303 to
194     advise the division and the arts and museums board regarding the works of art acquired and
195     maintained under this part; and
196          (c) with the concurrence of the director, approve the allocation of arts and museums
197     grant money and State of Utah Alice Merrill Horne Art Collection acquisition funding.
198          Section 6. Section 9-6-303 is amended to read:
199          9-6-303. Art collection committee.
200          (1) (a) The arts and museums board with the concurrence of the director shall appoint
201     an arts acquisition collection committee composed of any combination of artists, art historians,
202     museum professionals, gallery owners, knowledgeable art collectors, art appraisers, [and] or
203     judges of art.
204          (b) The arts collection committee shall make recommendations to the division and the
205     arts and museums board regarding the works of art acquired and maintained as part of the State
206     of Utah Alice Merrill Horne Art Collection created in Section 9-6-304.
207          (2) (a) Except as provided in Subsection (2)(b), the arts and museums board with the
208     concurrence of the director shall appoint each member of the arts collection committee to a
209     four-year term.
210          (b) The arts and museums board shall, at the time of appointment or reappointment,
211     adjust the length of the initial terms of arts collection committee members to ensure that the
212     terms are staggered so that approximately half of the arts collection committee is appointed
213     every two years.

214          (3) When a vacancy occurs in the membership of the arts acquisition collection
215     committee, the replacement shall be recommended by the remaining members of the art
216     collection committee and then appointed by the arts and museums board with the concurrence
217     of the director for the unexpired term.
218          (4) A member of the arts collection committee may not receive compensation or
219     benefits for the member's service, but may receive per diem and travel expenses in accordance
220     with:
221          (a) Sections 63A-3-106 and 63A-3-107; and
222          (b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
223     63A-3-107.
224          Section 7. Section 9-6-502 is amended to read:
225          9-6-502. Utah Arts and Museums Endowment Fund.
226          (1) There is created an expendable special revenue fund known as the "Utah Arts and
227     Museums Endowment Fund."
228          (2) The state fund shall be administered by the division in accordance with applicable
229     law.
230          (3) Any administrative costs incurred by the division shall be reviewed by the
231     appropriate appropriations committee of the Legislature.
232          (4) The state fund shall contain all money appropriated to the state fund by the
233     Legislature, all federal funds received for purposes of this part, plus interest and other income
234     earned on money in the state fund.
235          (5) The division shall distribute money in the state fund to qualifying arts and museum
236     organizations to assist those organizations in creating their own arts and museums endowment
237     funds.
238          (6) The division may use money in the state fund for expenses related to administering
239     the state fund.
240          Section 8. Section 9-6-504 is amended to read:
241          9-6-504. Duties of the division.
242          The division, in accordance with the provisions of this part, shall:
243          (1) allocate money from the state fund to the endowment fund created by a qualifying
244     organization under Section 9-6-503;

245          (2) determine the eligibility of each qualifying organization to receive money from the
246     state fund;
247          (3) determine the matching amount each qualifying organization shall raise in order to
248     qualify to receive money from the state fund;
249          (4) establish a date by which each qualifying organization shall provide its matching
250     funds;
251          (5) verify that matching funds have been provided by each qualifying organization by
252     the date determined in Subsection (4); and
253          (6) (a) in accordance with the provisions of this part and Title 63G, Chapter 3, Utah
254     Administrative Rulemaking Act, the division may establish criteria by rule for determining the
255     eligibility of qualifying organizations to receive money from the state fund; and
256          (b) in making rules under this Subsection (6), the division may consider the
257     recommendations of the arts [board and the] and museums board.
258          Section 9. Section 9-6-505 is amended to read:
259          9-6-505. Eligibility requirements of qualifying arts and museum organizations --
260     Allocation limitations -- Matching requirements.
261          (1) Any qualifying organization may apply to receive money from the state fund to be
262     deposited in an endowment fund the organization has created under Section 9-6-503:
263          (a) if the qualifying organization has received a grant from the division during one of
264     the three years immediately before making application for state fund money under this
265     Subsection (1); or
266          (b) upon recommendation of the arts and museums board [or the museums board] if the
267     qualifying organization has not received a grant from the board within the past three years.
268          (2) (a) The maximum amount that may be allocated to each qualifying organization
269     from the state fund shall be determined by the division by calculating the average cash income
270     of the qualifying organization during the past three fiscal years as contained in the qualifying
271     organization's final reports on file with the division.
272          (b) The division shall notify each qualifying organization of the maximum amount of
273     money from the state fund for which the qualifying organization qualifies.
274          (c) The minimum amount that may be allocated to each qualifying organization from
275     the state fund is $2,500.

276          (d) If the maximum amount for which the organization qualifies under the calculation
277     described in Subsection (2)(a) is less than $2,500, the organization may still apply for $2,500.
278          (3) (a) After the division determines that a qualifying organization is eligible to receive
279     money from the state fund and before any money is allocated to the qualifying organization
280     from the state fund, the qualifying organization shall match the amount qualified for with
281     money raised and designated exclusively for that purpose.
282          (b) State money, in-kind contributions, and preexisting endowment gifts may not be
283     used to match money from the state fund.
284          (4) The amount of match money described in Subsection (3) that a qualifying
285     organization is required to provide shall be based on a sliding scale as follows:
286          (a) any amount requested not exceeding $100,000 shall be matched one-to-one;
287          (b) any additional amount requested that makes the aggregate amount requested exceed
288     $100,000 but not exceed $500,000 shall be matched two-to-one; and
289          (c) any additional amount requested that makes the aggregate amount requested exceed
290     $500,000 shall be matched three-to-one.
291          (5) (a) Qualifying organizations shall raise the matching amount within three years
292     after applying for money from the state fund by a date determined by the division.
293          (b) Money from the state fund shall be released to the qualifying organization only
294     upon verification by the board that the matching money has been received on or before the date
295     determined under Subsection (5)(a).
296          (c) Verification of matching funds shall be made by a certified public accountant.
297          (d) Money from the state fund shall be released to qualifying organizations with
298     professional endowment management in increments not less than $20,000 as audited
299     confirmation of matching funds is received by the division.
300          (e) Money from the state fund shall be granted to each qualifying organization on the
301     basis of the matching funds a qualifying organization has raised by the date determined under
302     Subsection (5)(a).
303          Section 10. Section 9-7-101 (Superseded 07/01/24) is amended to read:
304          9-7-101 (Superseded 07/01/24). Definitions.
305          As used in this chapter:
306          (1) "Board" means the State Library Board created in Section 9-7-204.

307          (2) "Digital library" means the web-accessible digital library of state publications
308     created under Section 9-7-208.
309          (3) "Division" means the State Library Division.
310          (4) "Legislative staff office" means the Office of Legislative Research and General
311     Counsel.
312          (5) "Legislative publication" means:
313          (a) the Utah Code after the legislative staff office prepares an updated Utah Code
314     database incorporating amendments to the Utah Code;
315          (b) the Laws of Utah; and
316          (c) the Utah Constitution after the legislative staff office incorporates into the Utah
317     Constitution amendments to the Utah Constitution that passed during the preceding regular
318     general election.
319          (6) "Library board" means the library board of directors appointed locally as authorized
320     by Section 9-7-402 or 9-7-502 and which exercises general policy authority for library services
321     within a city or county of the state, regardless of the title by which the board is known locally.
322          (7) "Physical format" means a transportable medium in which analog or digital
323     information is published, such as print, microform, magnetic disk, or optical disk.
324          (8) "Policy" means the public library online access policy adopted by a library board to
325     meet the requirements of Section 9-7-215.
326          (9) "Political subdivision" means a county, city, town, school district, public transit
327     district, redevelopment agency, or special improvement or taxing district.
328          (10) (a) "State agency" means:
329          (i) the state; or
330          (ii) an office, department, division or other agency or instrumentality of the state.
331          (b) "State agency" does not include:
332          (i) the Office of Legislative Research and General Counsel;
333          (ii) a political subdivision; or
334          (iii) a state institution of higher education.
335          (11) "State institution of higher education" means an institution described in Section
336     53B-2-101 or any other university or college that is established and maintained by the state.
337          (12) (a) "State publication" means any information issued or published by a state

338     agency for distribution.
339          (b) "State publication" includes a book, compilation, directory, map, fact sheet,
340     newsletter, brochure, bulletin, journal, magazine, pamphlet, periodical, report, video recording,
341     and electronic publication.
342          (c) "State publication" does not include public information, as that term is defined in
343     Section 63A-16-601.
344          Section 11. Section 9-7-101 (Effective 07/01/24) is amended to read:
345          9-7-101 (Effective 07/01/24). Definitions.
346          As used in this chapter:
347          (1) "Board" means the State Library Board created in Section 9-7-204.
348          (2) "Digital library" means the web-accessible digital library of state publications
349     created under Section 9-7-208.
350          (3) "Division" means the State Library Division.
351          (4) "Internet policy" means the public library online access policy required in Section
352     9-7-215.
353          (5) "Legislative staff office" means the Office of Legislative Research and General
354     Counsel.
355          (6) "Legislative publication" means:
356          (a) the Utah Code after the legislative staff office prepares an updated Utah Code
357     database incorporating amendments to the Utah Code;
358          (b) the Laws of Utah; and
359          (c) the Utah Constitution after the legislative staff office incorporates into the Utah
360     Constitution amendments to the Utah Constitution that passed during the preceding regular
361     general election.
362          (7) "Library board" means the library board of directors appointed locally as authorized
363     by Section 9-7-402 or 9-7-502 and which exercises general policy authority for library services
364     within a city or county of the state, regardless of the title by which the board is known locally.
365          (8) "Physical format" means a transportable medium in which analog or digital
366     information is published, such as print, microform, magnetic disk, or optical disk.
367          (9) "Political subdivision" means a county, city, town, school district, public transit
368     district, redevelopment agency, or special improvement or taxing district.

369          (10) (a) "State agency" means:
370          (i) the state; or
371          (ii) an office, department, division or other agency or instrumentality of the state.
372          (b) "State agency" does not include:
373          (i) the Office of Legislative Research and General Counsel;
374          (ii) a political subdivision; or
375          (iii) a state institution of higher education.
376          (11) "State institution of higher education" means an institution described in Section
377     53B-2-101 or any other university or college that is established and maintained by the state.
378          (12) (a) "State publication" means any information issued or published by a state
379     agency for distribution.
380          (b) "State publication" includes a book, compilation, directory, map, fact sheet,
381     newsletter, brochure, bulletin, journal, magazine, pamphlet, periodical, report, video recording,
382     and electronic publication.
383          (c) "State publication" does not include public information, as that term is defined in
384     Section 63A-16-601.
385          Section 12. Section 9-7-201 is amended to read:
386          9-7-201. State Library Division -- Creation -- Purpose.
387          (1) There is created within the department the State Library Division under the
388     administration and general supervision of the executive director or the designee of the
389     executive director.
390          (2) The division shall be under the policy direction of the board.
391          (3) (a) The division shall function as the library authority for:
392          (i) general library services;
393          (ii) mobile library services;
394          (iii) providing for permanent public access to state publications; and
395          (iv) other services considered proper for a state library.
396          (b) The division is responsible for [publishing] providing access to legislative
397     publications, as provided in this part, that the legislative staff office deposits with the division.
398          Section 13. Section 9-7-205 is amended to read:
399          9-7-205. Duties of board and director.

400          (1) The board shall:
401          (a) promote, develop, and organize a state library and make provisions for the state
402     library's housing;
403          (b) promote and develop library services throughout the state in cooperation with other
404     state or municipal libraries, schools, or other agencies wherever practical;
405          (c) promote the establishment of district, regional, or multicounty libraries as
406     conditions within particular areas of the state may require;
407          (d) supervise the books and materials of the state library and require the keeping of
408     careful and complete records of the condition and affairs of the state library;
409          (e) establish policies for the administration of the division and for the control,
410     distribution, and lending of books and materials to those libraries, institutions, groups, or
411     individuals entitled to them under this chapter;
412          (f) serve as the agency of the state for the administration of state or federal funds that
413     may be appropriated to further library development within the state;
414          (g) aid and provide general advisory assistance in the development of statewide school
415     library service and encourage contractual and cooperative relations between school and public
416     libraries;
417          (h) give assistance, advice, and counsel to all tax-supported libraries within the state
418     and to all communities or persons proposing to establish a tax-supported library and conduct
419     courses and institutes on the approved methods of operation, selection of books, or other
420     activities necessary to the proper administration of a library;
421          (i) furnish or contract for the furnishing of library or information service to state
422     officials, state departments, or any groups that in the opinion of the director warrant the
423     furnishing of those services, particularly through the facilities of traveling libraries to those
424     parts of the state otherwise inadequately supplied by libraries;
425          (j) where sufficient need exists and if the director considers it advisable, establish and
426     maintain special departments in the state library to provide services for the blind, visually
427     impaired, persons with disabilities, and professional, occupational, and other groups;
428          (k) administer a state publications and legislative publications library program by
429     collecting state publications and legislative publications, providing access to state publications
430     and legislative publications through the digital library, and providing a bibliographic

431     [information] control system;
432          (l) require the collection of information and statistics necessary to the work of the state
433     library and the distribution of findings and reports;
434          (m) make any report concerning the activities of the state library to the governor as the
435     governor may require; and
436          (n) develop standards for public libraries.
437          (2) The director shall, under the policy direction of the board, carry out the
438     responsibilities under Subsection (1).
439          Section 14. Section 9-8-203 is amended to read:
440          9-8-203. Society duties.
441          (1) The society shall:
442          (a) stimulate research, study, and activity in the field of Utah history and related
443     history;
444          (b) maintain a specialized history library;
445          (c) collect, preserve, and administer historical records relating to the history of Utah;
446          (d) administer, collect, preserve, document, interpret, develop, and exhibit historical
447     artifacts, documentary materials, and other objects relating to the history of Utah for
448     educational and cultural purposes;
449          (e) edit and publish historical records;
450          (f) cooperate with local, state, and federal agencies and schools and museums to
451     provide coordinated and organized activities for the collection, documentation, preservation,
452     interpretation, and exhibition of historical artifacts related to the state;
453          (g) promote, coordinate, and administer:
454          (i) Utah History Day at the Capitol designated under Section 63G-1-401; and
455          (ii) the Utah History Day program affiliated with National History Day, which includes
456     a series of regional, state, and national activities and competitions for students from grades 4
457     through 12;
458          (h) subject to legislative appropriations, provide grants and technical assistance as
459     necessary and appropriate;
460          (i) administer educational programs in partnership with public and private entities in
461     the state; and

462          (j) comply with the procedures and requirements of Title 63G, Chapter 4,
463     Administrative Procedures Act, in adjudicative proceedings.
464          (2) (a) The society may acquire or produce reproductions of historical artifacts and
465     documentary materials for educational and cultural use.
466          (b) The society may only deaccession an item described in Subsection (2)(a) in
467     accordance with rules made by the division in accordance with Title 63G, Chapter 3, Utah
468     Administrative Rulemaking Act.
469          (c) An item that is to be deaccessioned in accordance with society rule is not state
470     surplus property as that term is defined in Section 63A-2-101.5, and the society is not subject
471     to the surplus property program described in Section 63A-2-401 for that item.
472          (3) To promote an appreciation of Utah history and to increase heritage tourism in the
473     state, the society shall:
474          (a) [(i)] create and maintain an inventory of all historic markers and monuments that
475     are accessible to the public throughout the state;
476          [(ii)] (b) enter into cooperative agreements with other groups and organizations to
477     collect and maintain the information needed for the inventory described in Subsection (3)(a);
478          [(iii)] (c) encourage the use of volunteers to help collect the information and to
479     maintain the inventory described in Subsection (3)(a);
480          [(iv)] (d) publicize the information in the inventory described in Subsection (3)(a) in a
481     variety of forms and media, especially to encourage Utah citizens and tourists to visit the
482     markers and monuments;
483          [(v)] (e) work with public and private landowners, heritage organizations, and
484     volunteer groups to help maintain, repair, and landscape around the markers and monuments;
485     and
486          [(vi)] (f) make the inventory described in Subsection (3)(a) available upon request to
487     all other public and private history and heritage organizations, tourism organizations and
488     businesses, and others[;].
489          [(b) (i) create and maintain an inventory of all active and inactive cemeteries
490     throughout the state;]
491          [(ii) enter into cooperative agreements with local governments and other groups and
492     organizations to collect and maintain the information needed for the inventory;]

493          [(iii) encourage the use of volunteers to help collect the information and to maintain
494     the inventory;]
495          [(iv) encourage cemetery owners to create and maintain geographic information
496     systems to record burial sites and encourage volunteers to do so for inactive and small historic
497     cemeteries;]
498          [(v) publicize the information in the inventory in a variety of forms and media,
499     especially to encourage Utah citizens to participate in the care and upkeep of historic
500     cemeteries;]
501          [(vi) work with public and private cemeteries, heritage organizations, genealogical
502     groups, and volunteer groups to help maintain, repair, and landscape cemeteries, grave sites,
503     and tombstones; and]
504          [(vii) make the inventory available upon request to all other public and private history
505     and heritage organizations, tourism organizations and businesses, and others; and]
506          [(c) (i) create and maintain a computerized record of cemeteries and burial locations in
507     a state-coordinated and publicly accessible information system;]
508          [(ii) gather information for the information system created and maintained under
509     Subsection (3)(c)(i) and help maintain, repair, and landscape cemeteries, grave sites, and
510     tombstones as described in Subsection (3)(b)(vi) by providing matching grants, upon approval
511     by the board, to:]
512          [(A) municipal cemeteries;]
513          [(B) cemetery maintenance districts;]
514          [(C) endowment care cemeteries;]
515          [(D) private nonprofit cemeteries;]
516          [(E) genealogical associations; and]
517          [(F) other nonprofit groups with an interest in cemeteries; and]
518          [(iii) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
519     Rulemaking Act, for granting matching funds under Subsection (3)(c)(ii) to ensure that:]
520          [(A) professional standards are met; and]
521          [(B) projects are cost effective.]
522          (4) This chapter may not be construed to authorize the society to acquire by purchase
523     any historical artifacts, documentary materials, or specimens that are restricted from sale by

524     federal law or the laws of any state, territory, or foreign nation.
525          Section 15. Section 9-8a-203 is amended to read:
526          9-8a-203. Office duties.
527          The office shall:
528          (1) secure, for the present and future benefit of the state, the protection of
529     archaeological resources and sites which are on state lands;
530          (2) foster increased cooperation and exchange of information between state authorities,
531     the professional archaeological community, and private individuals;
532          (3) in cooperation with federal and state agencies, local governments, private
533     organizations, and private individuals, direct and conduct a comprehensive statewide survey of
534     historic properties;
535          (4) maintain an inventory of the properties described in Subsection (3);
536          (5) identify and nominate eligible property to the National Register of Historic Places;
537          (6) administer applications for listing historic property on the National Register of
538     Historic Places;
539          (7) prepare and implement a comprehensive statewide historic preservation plan;
540          (8) administer the state program of federal assistance for historic preservation within
541     the state;
542          (9) advise and assist, as appropriate, state agencies, federal agencies, and local
543     governments in carrying out their historic preservation responsibilities;
544          (10) cooperate with federal agencies, state agencies, local agencies, private
545     organizations, and individuals to ensure that historic property is taken into consideration at all
546     levels of planning and development;
547          (11) provide, with respect to historic preservation:
548          (a) public information;
549          (b) education;
550          (c) training; and
551          (d) technical assistance;
552          (12) cooperate with local governments in the development of local historic
553     preservation programs;
554          (13) consult with appropriate federal agencies with respect to:

555          (a) federal undertakings that may affect historic properties; and
556          (b) advising and assisting in the evaluation of proposals for rehabilitation projects that
557     may qualify for federal assistance;
558          (14) (a) create and maintain an inventory of all active and inactive cemeteries
559     throughout the state;
560          (b) enter into cooperative agreements with local governments and other groups and
561     organizations to collect and maintain the information needed for the inventory described in
562     Subsection (14)(a);
563          (c) encourage the use of volunteers to help collect the information and to maintain the
564     inventory described in Subsection (14)(a);
565          (d) encourage cemetery owners, or in the case of inactive or small historic cemeteries,
566     volunteers, to create and maintain geographic information systems to record burial sites;
567          (e) publicize the information in the inventory described in Subsection (14)(a) in a
568     variety of forms and media, especially to encourage Utah citizens to participate in the care and
569     upkeep of historic cemeteries;
570          (f) work with public and private cemeteries, heritage organizations, genealogical
571     groups, and volunteer groups to help maintain, repair, and landscape cemeteries, grave sites,
572     and tombstones; and
573          (g) make the inventory described in Subsection (14)(a) available to any person upon
574     request;
575          (15) (a) create and maintain a public electronic record of each cemetery location and
576     each burial location;
577          (b) help maintain, repair, and landscape cemeteries, grave sites, and tombstones by
578     providing matching grants to:
579          (i) municipal cemeteries;
580          (ii) cemetery maintenance districts;
581          (iii) endowment care cemeteries;
582          (iv) private nonprofit cemeteries;
583          (v) genealogical associations; or
584          (vi) other nonprofit groups with an interest in cemeteries; and
585          (c) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative

586     Rulemaking Act, governing the process for awarding grants under Subsection (15)(b),
587     including rules that ensure recipients use grant money for projects that are cost effective and
588     completed in accordance with applicable professional standards;
589          [(14)] (16) perform other duties as designated under 54 U.S.C. Sec. 302303; and
590          [(15)] (17) perform other duties as designated by the department and by statute.
591          Section 16. Section 9-8a-206, which is renumbered from Section 9-8-906 is
592     renumbered and amended to read:
593          [9-8-906].      9-8a-206. Utah Archaeological and Historic Sites Grant Program.
594          (1) The office shall:
595          (a) administer the money contained in the grant program; and
596          (b) select qualified recipients in accordance with Subsection (2).
597          (2) The office may distribute the money from the grant program to Ŝ→ or on behalf of ←Ŝ
597a     a private landowner:
598          (a) that applies to the office, in a manner prescribed by the office, to receive Ŝ→ [
all or part
599     of the money contained in
] funding or technical assistance through ←Ŝ
the grant program; and
600          (b) Ŝ→ by direct payment to the landowner or a third party ←Ŝ for Ŝ→ work related
600a     to ←Ŝ identifying and protecting archaeological resources on the landowner's property,
601     if the private landowner Ŝ→ or third party ←Ŝ contributes an amount of money Ŝ→ or in-kind
601a     work ←Ŝ equal to or greater
601a     than the amount of
602     money Ŝ→ [
the landowner receives] received ←Ŝ from the grant program.
603          Section 17. Section 9-20-201 is amended to read:
604          9-20-201. Creation -- Members -- Appointment -- Terms -- Vacancies -- Per diem
605     and expenses.
606          (1) There is created the Utah Commission on Service and Volunteerism consisting of
607     19 voting members and one nonvoting member.
608          (2) The 19 voting members of the commission are:
609          (a) the lieutenant governor;
610          (b) the commissioner of higher education or the commissioner's designee;
611          (c) the state superintendent of public instruction or the superintendent's designee;
612          (d) the executive director of the Department of Cultural and Community Engagement
613     or the executive director's designee;
614          (e) nine members appointed by the governor as follows:
615          (i) an individual with expertise in the educational, training, and developmental needs of
616     youth, particularly disadvantaged youth;

617          (ii) an individual with experience in promoting the involvement of older adults in
618     volunteer service;
619          (iii) a representative of a community-based agency or organization within the state;
620          (iv) a representative of local government;
621          (v) a representative of a local labor organization in the state;
622          (vi) a representative of business;
623          (vii) an individual between the ages of 16 and 25 who participates in a volunteer or
624     service program;
625          (viii) a representative of a national service program; and
626          (ix) a representative of the volunteer sector; and
627          (f) six members appointed by the governor from among the following groups:
628          (i) local educators;
629          (ii) experts in the delivery of human, educational, cultural, environmental, or public
630     safety services to communities and individuals;
631          (iii) representatives of Native American tribes;
632          (iv) representatives of organizations that assist out-of-school youth or other at-risk
633     youth; or
634          (v) representatives of entities that receive assistance under the Domestic Volunteer
635     Service Act of 1973, 42 U.S.C. 4950 et seq.
636          (3) The nonvoting member of the commission is the [state] regional representative of
637     the corporation.
638          (4) (a) In appointing persons to serve on the commission, the governor shall ensure
639     that:
640          (i) no more than 10 voting members of the commission are members of the same
641     political party; and
642          (ii) no more than five voting members of the commission are state government
643     employees.
644          (b) In appointing persons to serve on the commission, the governor shall strive for
645     balance on the commission according to race, ethnicity, age, gender, [and] disability
646     characteristics, and geography.
647          (5) (a) Except as required by Subsection (5)(b), as terms of current commission

648     members expire, the governor shall appoint each new member or reappointed member to a
649     three-year term.
650          (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
651     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
652     commission members are staggered so that approximately one-third of the commission is
653     appointed every year.
654          (6) When a vacancy occurs in the membership, the replacement shall be appointed for
655     the unexpired term.
656          (7) A member appointed by the governor may not serve more than two consecutive
657     terms.
658          (8) A member may not receive compensation or benefits for the member's service, but
659     may receive per diem and travel expenses in accordance with:
660          (a) Section 63A-3-106;
661          (b) Section 63A-3-107; and
662          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
663     63A-3-107.
664          Section 18. Section 9-20-202 is amended to read:
665          9-20-202. Election of commission chair and vice chair.
666          (1) The chair as of May 1, 2024, remains the chair until the completion of the chair's
667     current term.
668          [(1)] (2) Subject to Subsection [(2)] (3), the voting members of the commission shall
669     elect a [chair and a] vice chair from among the voting members of the commission.
670          [(2)] (3) The voting members of the commission may not elect the lieutenant governor
671     as [chair or] vice chair of the commission.
672          [(3)] (4) The chair and vice chair shall serve for a term of one year.
673          (5) The chair becomes the past chair after the chair completes the one-year term.
674          (6) The vice chair becomes the chair after the vice chair completes the one-year term.
675          (7) (a) Subject to Subsection (7)(b), if for any reason the chair does not complete a
676     one-year term, the voting members of the commission shall elect a chair from among the voting
677     members of the commission to complete the unexpired term.
678          (b) The voting members of the commission may not elect the lieutenant governor as the

679     chair of the commission.
680          Section 19. Section 9-20-204 is amended to read:
681          9-20-204. Meetings -- Quorum.
682          (1) The commission shall meet [at least quarterly] at least four times each year at the
683     call of the chair.
684          [(2) A voting member of the commission who fails to attend at least 75% of called
685     meetings in a calendar year is automatically removed from the commission.]
686          [(3)] (2) A commission quorum is a simple majority of the voting members.
687          Section 20. Section 9-20-205 is amended to read:
688          9-20-205. Commission duties.
689          (1) The commission shall:
690          (a) administer the selection, development, and oversight of programs funded and
691     established by the act;
692          (b) pursue opportunities for sustainable and high-impact community service;
693          (c) develop and annually update a three-year [community] state service plan [for the
694     state], including the establishment of state priorities; and
695          (d) stimulate increased community awareness of the impact of volunteer service in the
696     state.
697          (2) (a) The commission may, subject to Title 63J, Chapter 5, Federal Funds Procedures
698     Act, receive and accept federal funds, and may receive and accept private gifts, donations, or
699     funds from any source.
700          (b) Money received under this Subsection (2) shall be deposited with the state and shall
701     be available to the commission to carry out the purposes of this part.
702          Section 21. Section 9-20-206 is amended to read:
703          9-20-206. Reporting and administration.
704          (1) The executive director of the department, in consultation with the commission,
705     shall appoint a director of the commission who is:
706          (a) experienced in administration; and
707          (b) qualified by education or training in the field of public administration.
708          (2) The director of the commission shall report to the executive director.
709          (3) The commission shall:

710          (a) report to the office of the lieutenant governor; and
711          (b) by January 1, provide an annual written report to the lieutenant governor on service
712     and volunteerism in the state.
713          (4) The department shall provide administrative and staff support services to the
714     commission.
715          Section 22. Section 63I-1-209 is amended to read:
716          63I-1-209. Repeal dates: Title 9.
717          (1) Section 9-6-303, which creates the Arts Collection Committee, is repealed July 1,
718     2027.
719          [(2) Section 9-6-305, which creates the Utah Museums Advisory Board, is repealed
720     July 1, 2027.]
721          [(3)] (2) Section 9-9-405, which creates the Native American Remains Review
722     Committee, is repealed July 1, 2025.
723          [(4)] (3) Title 9, Chapter 20, Utah Commission on Service and Volunteerism Act, is
724     repealed July 1, 2026.
725          Section 23. Repealer.
726          This bill repeals:
727          Section 9-6-305, Utah Museums Advisory Board.
728          Section 9-6-306, Museums board power and duties.
729          Section 24. Effective date.
730          This bill takes effect on May 1, 2024.