Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 42 (2020GS)

Sponsor

Rep. Pierucci, C.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies the requirements for a state agency to begin an undertaking on a historic property;
• modifies the requirements for receiving a distribution from the Martin Luther King, Jr. Civil Rights Support Restricted Account; and
• makes technical changes.

Every vote on this bill

Bill text

HERITAGE AND ARTS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Candice B. Pierucci
Senate Sponsor: 
Daniel McCay
LONG TITLE
General Description:
This bill modifies provisions related to the Department of Heritage and Arts.
Highlighted Provisions:
This bill:
▸ modifies the requirements for a state agency to begin an undertaking on a historic
property;
▸ modifies the requirements for receiving a distribution from the Martin Luther King,
Jr. Civil Rights Support Restricted Account; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
9-8-404
, as last amended by Laws of Utah 2019, Chapter 221
9-18-102
, as enacted by Laws of Utah 2012, Chapter 332
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
9-8-404
 is amended to read:
9-8-404.
Agency responsibilities -- State historic preservation officer to comment
on undertaking -- Public Lands Policy Coordinating Office may require joint analysis.
(1) (a) Before [
making a final agency decision authorizing the expenditure of state
funds or providing financial assistance for an undertaking,
] 
approving any undertaking,
 an
agency shall:
(i) take into account the effect of the undertaking on any historic property; and
(ii) provide the state historic preservation officer with a written evaluation of the
undertaking's effect on any historic property.
(b) The state historic preservation officer shall provide to the agency a written
comment on the agency's determination of effect within 30 days after the day on which the state
historic preservation officer receives a written evaluation described in Subsection (1)(a)(ii).
(c) If the written evaluation described in Subsection (1)(a)(ii) demonstrates that there is
an adverse effect to a historic property, the agency shall enter into a formal written agreement
with the state historic preservation officer describing how each adverse effect will be mitigated
before the agency may expend state funds or provide financial assistance for the undertaking.
(d) The state historic preservation officer shall make available to the Public Lands
Policy Coordinating Office a list of undertakings on which an agency or federal agency has
requested the state historic preservation officer's or the Antiquities Section's advice or
consultation.
(e) The Public Lands Policy Coordinating Office may request the joint analysis
described in Subsections (2)(c) and (d) of any proposed undertaking on which the state historic
preservation officer or Antiquities Section is providing advice or consultation.
(2) (a) If the state historic preservation officer does not concur with the agency's
written evaluation required by Subsection (1)(a)(ii), the state historic preservation officer shall
inform the Public Lands Policy Coordinating Office of any objections.
(b) The Public Lands Policy Coordinating Office shall review the state historic
preservation officer's objections and determine whether or not to initiate the joint analysis
established in Subsections (2)(c) and (d) within 30 days after the day on which the state historic
preservation officer informs the Public Lands Policy Coordinating Office of the objections.
(c) If the Public Lands Policy Coordinating Office determines further analysis is
necessary, the Public Lands Policy Coordinating Office shall, jointly with the agency and the
state historic preservation officer, analyze:
(i) the cost of the undertaking, excluding costs attributable to the identification,
potential recovery, or excavation of historic properties;
(ii) the ownership of the land involved;
(iii) the likelihood of the presence and the nature and type of historical properties that
may be affected by the expenditure or undertaking; and
(iv) clear and distinct alternatives for the identification, recovery, or excavation of
historic properties, including ways to maximize the amount of information recovered and
report that information at current standards of scientific rigor.
(d) The Public Lands Policy Coordinating Office, the agency, and the state historic
preservation officer shall also consider as part of the joint analysis:
(i) the estimated costs of the alternatives in Subsection (2)(c)(iv) in total and as a
percentage of the total cost of the undertaking; and
(ii) at least one plan for the identification, recovery, or excavation of historic properties
that does not substantially increase the cost of the proposed undertaking.
(3) (a) (i) If the state historic preservation officer concurs with the agency's evaluation
or if the Public Lands Policy Coordinating Office determines that the joint analysis is
unnecessary, the state historic preservation officer shall, no later than 30 calendar days after
receiving the agency's evaluation, provide formal comments on the agency's evaluation.
(ii) If a joint analysis is conducted, the state historic preservation officer shall provide
formal comments on the agency's evaluation no later than 30 calendar days after the conclusion
of the joint analysis.
(b) The state historic preservation officer shall ensure that the comments include the
results of any joint analysis conducted under Subsection (2).
(c) If a joint analysis is not conducted, the state historic preservation officer's
comments may include advice about ways to maximize the amount of historic, scientific,
archaeological, anthropological, and educational information recovered, in addition to the
physical recovery of artifacts and the reporting of archaeological information at current
standards of scientific rigor.
Section 2. Section 
9-18-102
 is amended to read:
9-18-102.
Martin Luther King, Jr. Civil Rights Support Restricted Account.
(1) There is created in the General Fund a restricted account known as the "Martin
Luther King, Jr. Civil Rights Support Restricted Account."
(2) The account shall be funded by:
(a) contributions deposited into the account in accordance with Section 
41-1a-422
;
(b) private contributions; and
(c) donations or grants from public or private entities.
(3) Upon appropriation by the Legislature, the department shall distribute funds in the
account to one or more charitable organizations that[
: (a)
] qualify as being tax exempt under
Section 501(c)(3) of the Internal Revenue Code[
; (b) is
]
, are
 located within the state [
and is
not
]
, are not
 affiliated with a parent organization[
;
]
, and that:
[
(c)
] 
(a)
 create or support programs that promote awareness and education of
constitutional and civil rights;
[
(d)
] 
(b)
 provide education and training in inalienable rights as set forth in the
Declaration of Independence;
[
(e)
] 
(c)
 partner with educational institutions to administer underrepresented or
underserved scholarships; [
and
] 
or
[
(f)
] 
(d)
 partner with government agencies within the state and the private sector to
administer and facilitate an underrepresented or underserved internship program.
(4) (a) An organization described in Subsection (3) may apply to the department to
receive a distribution in accordance with Subsection (3).
(b) An organization that receives a distribution from the department in accordance with
Subsection (3) shall expend the distribution only to:
(i) facilitate, coordinate, and encourage appropriate ceremonies and activities that
commemorate the federal Martin Luther King, Jr. holiday;
(ii) create or support programs that promote awareness and education of constitutional
and civil rights;
(iii) provide education and training in inalienable rights as set forth in the Declaration
of Independence;
(iv) partner with educational institutions to administer underrepresented or underserved
scholarships;
(v) partner with government agencies within the state and the private sector to
administer and facilitate an underrepresented or underserved internship program; [
and
] 
or
(vi) pay the costs of issuing or reordering Martin Luther King, Jr. Civil Rights Support
special group license plate decals.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department may make rules providing procedures for an organization to apply to the
department to receive a distribution under this Subsection (3).
(5) In accordance with Section 
63J-1-602.1
, appropriations from the account are
nonlapsing.