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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27 9-6-301, as repealed and reenacted by Laws of Utah 2020, Chapter 419
28 9-6-302, as repealed and reenacted by Laws of Utah 2020, Chapter 419
29 9-6-303, as repealed and reenacted by Laws of Utah 2020, Chapter 419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33 9-7-101 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters 160,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) "Arts" means the various branches of creative human activity, including visual arts,
62 film, performing arts, sculpture, literature, music, theater, dance, digital arts, video-game arts,
63 and cultural vitality.
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 [
82
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 [
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[
132 the Utah Arts and Museums Advisory Board created in Section 9-6-301[
133 [
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 [
138 museums board shall consist of [
139 terms [
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 [
144 administrators, one from each of the following areas:
145 (i) visual arts, architecture, or design;
146 [
147 [
148 [
149 [
150 [
151 [
152 [
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 [
157 in or appreciative of the arts or museums.
158 [
159 technology, marketing, business, or finance.
160 [
161 additional members who are knowledgeable in or appreciative of the arts or museums:
162 (i) for terms that shall end before [
163 (ii) in which case the arts and museums board may consist of up to [
164 until [
165 (3) The governor shall appoint members from the state [
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 [
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, [
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 [
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 [
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 [
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 [
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) [
475 are accessible to the public throughout the state;
476 [
477 collect and maintain the information needed for the inventory described in Subsection (3)(a);
478 [
479 maintain the inventory described in Subsection (3)(a);
480 [
481 variety of forms and media, especially to encourage Utah citizens and tourists to visit the
482 markers and monuments;
483 [
484 volunteer groups to help maintain, repair, and landscape around the markers and monuments;
485 and
486 [
487 all other public and private history and heritage organizations, tourism organizations and
488 businesses, and others[
489 [
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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 [
590 [
591 Section 16. Section 9-8a-206, which is renumbered from Section 9-8-906 is
592 renumbered and amended to read:
593 [
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 a private landowner:
598 (a) that applies to the office, in a manner prescribed by the office, to receive all or part
599 of the money contained in the grant program; and
600 (b) for identifying and protecting archaeological resources on the landowner's property,
601 if the private landowner contributes an amount of money equal to or greater than the amount of
602 money the landowner receives 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 [
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, [
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 [
669 elect a [
670 [
671 as [
672 [
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 [
683 call of the chair.
684 [
685
686 [
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 [
694
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 [
720
721 [
722 Committee, is repealed July 1, 2025.
723 [
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.