Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 46 (2020GS)

Sponsor

Rep. Harrison, S.

Final action

Governor Signed 3/31/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• modifies and describes the powers and duties of the Division of Arts and Museums within the Department of Heritage and Arts;
• describes the creation, membership, and duties of the Utah Arts Advisory Board and the Utah Museums Advisory Board;
• describes the requirements and purposes of the Utah Arts and Museums Endowment Fund, formerly known as the Utah Arts Endowment Fund;
• repeals provisions related to the State-Owned Collections Inventory Study Program Act and the Arts and Culture Business Alliance Act; and
• makes technical changes.

Every vote on this bill

Bill text

ARTS AND MUSEUMS REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Suzanne Harrison
Senate Sponsor: 
 David P. Hinkins
LONG TITLE
Committee Note:
The Economic Development and Workforce Services Interim Committee recommended
this bill.
Legislative Vote: 10 voting for 0 voting against 7 absent
General Description:
This bill modifies provisions related to the Department of Heritage and Arts.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ modifies and describes the powers and duties of the Division of Arts and Museums
within the Department of Heritage and Arts;
▸ describes the creation, membership, and duties of the Utah Arts Advisory Board and
the Utah Museums Advisory Board;
▸ describes the requirements and purposes of the Utah Arts and Museums Endowment
Fund, formerly known as the Utah Arts Endowment Fund;
▸ repeals provisions related to the State-Owned Collections Inventory Study Program
Act and the Arts and Culture Business Alliance Act; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
9-6-102
, as last amended by Laws of Utah 2017, Chapter 48
9-6-201
, as last amended by Laws of Utah 2017, Chapter 48
9-6-202
, as last amended by Laws of Utah 2015, Chapter 350
9-6-203
, as last amended by Laws of Utah 2010, Chapter 378
9-6-501
, as renumbered and amended by Laws of Utah 1992, Chapter 241
9-6-502
, as last amended by Laws of Utah 2013, Chapter 400
9-6-503
, as last amended by Laws of Utah 2011, Chapter 342
9-6-504
, as last amended by Laws of Utah 2010, Chapter 378
9-6-505
, as last amended by Laws of Utah 2010, Chapter 324
9-6-506
, as last amended by Laws of Utah 2011, Chapter 342
9-6-507
, as last amended by Laws of Utah 2016, Chapter 348
9-6-508
, as renumbered and amended by Laws of Utah 1992, Chapter 241
13-22-6
, as last amended by Laws of Utah 2015, Chapter 120
59-12-701
, as last amended by Laws of Utah 2003, Chapter 296
59-12-704
, as last amended by Laws of Utah 2016, Chapter 344
63C-9-601
, as last amended by Laws of Utah 2018, Chapter 65
ENACTS:
9-1-101
, Utah Code Annotated 1953
9-6-101
, Utah Code Annotated 1953
REPEALS AND REENACTS:
9-6-301
, as last amended by Laws of Utah 2006, Chapter 24
9-6-302
, as last amended by Laws of Utah 1993, Chapters 4 and 78
9-6-303
, as renumbered and amended by Laws of Utah 1992, Chapter 241
9-6-304
, as renumbered and amended by Laws of Utah 1992, Chapter 241
9-6-305
, as last amended by Laws of Utah 2018, Chapter 65
9-6-306
, as last amended by Laws of Utah 2018, Chapter 65
REPEALS:
9-6-204
, as last amended by Laws of Utah 2012, Chapter 212
9-6-205
, as last amended by Laws of Utah 2017, Chapter 48
9-6-307
, as last amended by Laws of Utah 2006, Chapter 24
9-6-602
, as renumbered and amended by Laws of Utah 2006, Chapter 24
9-6-603
, as last amended by Laws of Utah 2017, Chapter 48
9-6-604
, as last amended by Laws of Utah 2012, Chapter 212
9-6-605
, as last amended by Laws of Utah 2017, Chapter 48
9-6-606
, as renumbered and amended by Laws of Utah 2006, Chapter 24
9-6-701
, as enacted by Laws of Utah 2006, Chapter 229
9-6-702
, as enacted by Laws of Utah 2006, Chapter 229
9-6-703
, as enacted by Laws of Utah 2006, Chapter 229
9-6-704
, as last amended by Laws of Utah 2010, Chapter 286
9-6-801
, as enacted by Laws of Utah 2015, Chapter 350
9-6-802
, as enacted by Laws of Utah 2015, Chapter 350
9-6-803
, as enacted by Laws of Utah 2015, Chapter 350
9-6-804
, as enacted by Laws of Utah 2015, Chapter 350
9-6-805
, as enacted by Laws of Utah 2015, Chapter 350
9-6-806
, as enacted by Laws of Utah 2015, Chapter 350
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
9-1-101
 is enacted to read:
CHAPTER 1. GENERAL POLICIES AND ADMINISTRATION OF THE
DEPARTMENT OF HERITAGE AND ARTS
 9-1-101.
Title.
(1) This title is known as "Heritage, Arts, Libraries, and Cultural Development."
(2) This chapter is known as "General Policies and Administration of the Department
of Heritage and Arts."
Section 2. Section 
9-6-101
 is enacted to read:
CHAPTER 6. ARTS AND MUSEUMS DEVELOPMENT
 9-6-101.
Title.
This chapter is known as "Arts and Museums Development."
Section 3. Section 
9-6-102
 is amended to read:
9-6-102.
Definitions.
As used in this chapter:
[
(1) "Advisory board" means the Museum Services Advisory Board created in Section
9-6-604
.
]
(1) "Arts" means the various branches of creative human activity, including visual arts,
film, performing arts, sculpture, literature, music, theater, dance, digital arts, video-game arts,
and cultural vitality.
(2) [
"Board"
] 
"Arts board"
 means the [
Board of Directors of the
] Utah Arts [
Council
]
Advisory Board
 created in Section [
9-6-204
] 
9-6-301
.
[
(3) "Council" means the Utah Arts Council created in Section 
9-6-301
.
]
(3) "Development" includes:
(a) constructing, expanding, or repairing a museum or other facility that houses arts or
cultural presentations;
(b) providing for public information, preservation, and access to museums, the arts,
and the cultural heritage of the state; and
(c) supporting the professional development of artists, cultural administrators, and
cultural leaders within the state.
(4) "Director" means the director of the Division of Arts and Museums.
(5) "Division" means the Division of Arts and Museums.
(6) "Museum" means an organized and permanent institution that:
(a) is owned or controlled by the state, a county, or a municipality, or is a nonprofit
organization;
(b) has an educational or aesthetic purpose;
(c) owns or curates a tangible collection; and
(d) exhibits the collection to the public on a regular schedule.
[
(7) "Office" means the Office of Museum Services created in Section 
9-6-602
.
]
(7) "Museums board" means the Utah Museums Advisory Board created in Section
9-6-305
.
Section 4. Section 
9-6-201
 is amended to read:
9-6-201.
Division of Arts and Museums -- Creation -- Powers and duties.
(1) There is created within the department the Division of Arts and Museums under the
administration and general supervision of the executive director or the designee of the
executive director.
[
(2) The division shall be under the policy direction of the board.
]
[
(3) The division shall advance the interests of the arts, in all their phases, within the
state, and to that end shall:
]
[
(a) cooperate with and locally sponsor federal agencies and projects directed to similar
undertakings;
]
[
(b) develop the influence of arts in education;
]
[
(c) involve the private sector, including businesses, charitable interests, educational
interests, manufacturers, agriculturalists, and industrialists in these endeavors;
]
[
(d) utilize broadcasting facilities and the power of the press in disseminating
information; and
]
[
(e) foster, promote, encourage, and facilitate, not only a more general and lively study
of the arts, but take all necessary and useful means to stimulate a more abundant production of
an indigenous art in this state.
]
[
(4) The board shall set policy to guide the division in accomplishing the purposes set
forth in Subsection (3).
]
[
(5) Except for arts development projects under Section 
9-6-804
, the division may not
grant funds for the support of any arts project under this section unless the project has been first
approved by the board.
]
(2) The division shall:
(a) advance the interests of arts and museums in the state in all stages of development;
(b) promote and encourage the development of arts and culture in the state;
(c) support the efforts of state and local government and nonprofit arts, museums, and
cultural organizations to encourage the development of arts, museums, and culture in the state;
(d) provide assistance to museums in the state to improve museums' ability to:
(i) care for and manage collections;
(ii) develop quality educational resources such as exhibitions, collections, and
publications;
(iii) provide access to collections for research; and
(iv) provide other services as needed;
(e) assist arts and museum organizations in the state in cultural development as needed;
(f) cooperate with federal agencies and locally sponsor federal projects directed to the
development of arts, museums, and culture in the state;
(g) develop the influence of arts in education and life-long learning;
(h) cooperate with the private sector, including businesses, charitable interests,
educational interests, manufacturers, agriculturalists, and industrialists in arts, museums, and
cultural endeavors;
(i) disseminate information related to arts, museums, and culture by utilizing broadcast
media and print media;
(j) foster, promote, encourage, and facilitate the study, creation, and appreciation of the
arts, museums, and culture in the state;
(k) foster, promote, encourage, and facilitate, the study, creation, and appreciation of
the works of indigenous artists in the state;
(l) advise state and local government agencies and employees regarding arts and
museums related issues, including arts and museums capital development projects;
(m) provide technical advice and information about sources of technical assistance to
arts, museums, and cultural organizations in the state;
(n) develop, coordinate, and support programs, workshops, seminars, and similar
activities that provide training for staff members of arts, museums, and cultural organizations
in the state;
(o) undertake research to understand the training needs of the arts, museums, and
cultural organizations community and assess how those needs can be met;
(p) administer grant programs to assist eligible arts, museums, and cultural
organizations in the state; and
(q) create strategic partnerships to advance the development of arts, museums, and
cultural organizations in the state.
Section 5. Section 
9-6-202
 is amended to read:
9-6-202.
Division director.
(1) The chief administrative officer of the division shall be a director appointed by the
executive director in consultation with the [
board and the advisory board
] 
arts board and the
museums board
.
(2) The director shall be a person experienced in administration and knowledgeable
about the arts and museums.
(3) In addition to the division, the director is the chief administrative officer for:
(a) [
the Board of Directors of
] the Utah Arts [
Council
] 
Advisory Board
 created in
Section [
9-6-204
;
] 
9-6-301; and
[
(b) the Utah Arts Council created in Section 
9-6-301
;
]
[
(c) the Office of Museum Services created in Section 
9-6-602
;
]
[
(d)
] 
(b)
 the [
Museum Services
] 
Utah Museums
 Advisory Board created in Section
[
9-6-604
; and
]
9-6-305
.
[
(e) the Arts and Culture Business Alliance created in Section 
9-6-803
.
]
Section 6. Section 
9-6-203
 is amended to read:
9-6-203.
Division powers relating to property.
(1) The division may:
(a) take by purchase, grant, gift, 
donation,
 devise, or bequest, any property, real or
personal, for any purpose appropriate to [
its objects
] 
the objectives of the division
; and
(b) convert property received by gift, grant, 
donation,
 devise, or bequest [
and not
suitable for its uses
] 
that is not suitable for the objectives of the division
, into other [
property
so
] available 
property
 or into money.
(2) The property received or converted under Subsection (1) shall be held, invested,
and managed and [
its
] 
the
 proceeds used by the division for the purposes and under the
conditions prescribed in the grant or donation.
(3) If by the terms of any grant, gift, 
donation,
 devise, or bequest, conditions are
imposed that are impracticable under the law, the grant or donation does not fail but the
unlawful or impracticable
 conditions shall be rejected and the intent of the grantor or donor
shall be reasonably
 carried out as [
nearly as may be
] 
determined by the division
.
(4) A grant, gift, 
donation,
 devise, or bequest for the benefit of the division may not be
defeated or prejudiced by any misnomer, misdescription, or informality if the intention of the
grantor or donor can be shown or ascertained with reasonable certainty 
as determined by the
division
.
Section 7. Section 
9-6-301
 is repealed and reenacted to read:
Part 3. Advisory Boards
 9-6-301.
Utah Arts Advisory Board.
(1) There is created within the division the Utah Arts Advisory Board.
(2) (a) Except as provided in Subsections (2)(b) and (2)(f), the arts board shall consist
of 13 members appointed by the governor to four-year terms with the consent of the Senate.
(b) The governor shall, at the time of appointment or reappointment, adjust the length
of terms to ensure that the terms of arts board members are staggered so that approximately
half of the arts board is appointed every two years.
(c) The governor shall appoint eight members who are working artists or
administrators, one from each of the following areas:
(i) visual arts;
(ii) architecture or design;
(iii) literature;
(iv) music;
(v) folk, traditional, or native arts;
(vi) theater;
(vii) dance; and
(viii) media arts.
(d) The governor shall appoint three members who are knowledgeable in or
appreciative of the arts.
(e) The governor shall appoint two members who have expertise in technology,
marketing, business, or finance.
(f) Before January 1, 2026, the governor may appoint up to three additional members
who are knowledgeable in or appreciative of the arts:
(i) for terms that shall end before January 1, 2026; and
(ii) in which case the arts board may consist of up to 16 members until January 1,
2026.
(3) The governor shall appoint members from the state at large with due consideration
for geographical representation.
(4) When a vacancy occurs in the membership for any reason, the governor shall
appoint a replacement member for the unexpired term within one month from the time of the
vacancy.
(5) A simple majority of the voting members of the arts board constitutes a quorum for
the transaction of business.
(6) (a) The arts board members shall elect a chair and a vice chair from among the arts
board's members.
(b) The chair and the vice chair shall serve a term of two years.
(7) The arts board shall meet at least once each year.
(8) A member of the arts board may not receive compensation or benefits for the
member's service, but may receive per diem and travel expenses in accordance with:
(a) Sections 
63A-3-106
 and 
63A-3-107
; and
(b) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(9) Except as provided in Subsection (8), a member may not receive any gifts, prizes,
or awards of money from division funds during the member's term of office.
Section 8. Section 
9-6-302
 is repealed and reenacted to read:
 9-6-302.
Arts board powers and duties.
(1) The arts board may:
(a) with the concurrence of the director, make rules governing the conduct of the arts
board's business in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act; and
(b) receive gifts, bequests, and property.
(2) The arts board shall:
(a) act in an advisory capacity for the division;
(b) appoint an arts collection committee as described in Section 
9-6-303
 to advise the
division and the arts board regarding the works of art acquired and maintained under this part;
and
(c) with the concurrence of the director, approve the allocation of arts grant money and
State of Utah Alice Merrill Horne Art Collection acquisition funding.
Section 9. Section 
9-6-303
 is repealed and reenacted to read:
 9-6-303.
Art collection committee.
(1) (a) The arts board with the concurrence of the director shall appoint an arts
collection committee composed of any combination of artists, art historians, gallery owners,
knowledgeable art collectors, art appraisers, and judges of art.
(b) The arts collection committee shall make recommendations to the division and the
arts board regarding the works of art acquired and maintained as part of the State of Utah Alice
Merrill Horne Art Collection created in Section 
9-6-304
.
(2) (a) Except as provided in Subsection (2)(b), the arts board with the concurrence of
the director shall appoint each member of the arts collection committee to a four-year term.
(b) The arts board shall, at the time of appointment or reappointment, adjust the length
of the initial terms of arts collection committee members to ensure that the terms are staggered
so that approximately half of the arts collection committee is appointed every two years.
(3) When a vacancy occurs in the membership of the arts collection committee, the
replacement shall be recommended by the remaining members of the art collection committee
and then appointed by the arts board with the concurrence of the director for the unexpired
term.
(4) A member of the arts collection committee may not receive compensation or
benefits for the member's service, but may receive per diem and travel expenses in accordance
with:
(a) Sections 
63A-3-106
 and 
63A-3-107
; and
(b) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 10. Section 
9-6-304
 is repealed and reenacted to read:
 9-6-304.
State of Utah Alice Merrill Horne Art Collection.
(1) There is created the State of Utah Alice Merrill Horne Art Collection.
(2) The State of Utah Alice Merrill Horne Art Collection:
(a) consists of all works of art acquired under this part; and
(b) shall be held as the property of the state and under the control of the division.
(3) Works of art in the State of Utah Alice Merrill Horne Art Collection may be loaned
for exhibition purposes in accordance with recommendations from the arts board and rules
made by the division in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(4) The division shall:
(a) take reasonable precautions to avoid damage or destruction to works of art in the
State of Utah Alice Merrill Horne Art Collection;
(b) procure insurance coverage for the works of art in the State of Utah Alice Merrill
Horne Art Collection; and
(c) ensure that all works of art shipped to and from any exhibition under this section
are packed by an expert packer.
(5) (a) The division may only deaccession works of art in the State of Utah Alice
Merrill Horne Art Collection in accordance with rules made by the division in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(b) A work of art in the State of Utah Alice Merrill Horne Art Collection that is to be
deaccessioned in accordance with division rule is not state surplus property as that term is
defined in Section 
63A-2-101.5
, and the division is not subject to the surplus property program
described in Section 
63A-2-401
 for that work of art.
Section 11. Section 
9-6-305
 is repealed and reenacted to read:
 9-6-305.
Utah Museums Advisory Board.
(1) There is created within the division the Utah Museums Advisory Board.
(2) (a) Except as provided in Subsection (2)(b), the museums board shall consist of 11
members appointed by the governor to four-year terms.
(b) The governor shall, at the time of appointment or reappointment, adjust the length
of terms to ensure that the terms of museums board members are staggered so that
approximately half of the museums board is appointed every two years.
(3) The governor shall ensure that the museums board includes:
(a) three members who are qualified, trained, and experienced museum professionals,
have a minimum of five years continuous paid work experience at a museum, and are selected
from among recommendations proposed by the Utah Museums Association;
(b) at least three additional members who are qualified, trained, and experienced
museum professionals; and
(c) remaining members who have demonstrated an active interest in Utah's museums.
(4) The governor shall appoint members from the state at large with due consideration
for geographical representation.
(5) When a vacancy occurs in the membership for any reason, the governor shall
appoint a replacement member for the unexpired term within one month from the time of the
vacancy.
(6) A member of the museums board may only be reappointed for one additional term
unless the governor determines that unusual circumstances warrant an additional term.
(7) (a) The museums board members shall elect a chair and a vice chair from among
the museums board's members.
(b) The chair and the vice chair shall serve a term of two years.
(8) A simple majority of the voting members of the museums board constitutes a
quorum for the transaction of business.
(9) The museums board shall meet at least once each year.
(10) A member of the museums board may not receive compensation or benefits for
the member's service, but may receive per diem and travel expenses in accordance with:
(a) Sections 
63A-3-106
 and 
63A-3-107
; and
(b) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(11) Except as provided in Subsection (10), a member may not receive a gift, prize, or
award of money from division funds during the member's term of office.
Section 12. Section 
9-6-306
 is repealed and reenacted to read:
 9-6-306.
Museums board power and duties.
(1) The museums board may, with the concurrence of the director, make rules in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, governing:
(a) the museum grants program; and
(b) the awarding of grant money to assist Utah's eligible museums.
(2) The museums board shall:
(a) act in an advisory capacity for the division, including making recommendations
regarding the museum grants program and the awarding of grant money; and
(b) with the concurrence of the director, approve the awarding of museum grant money
to assist Utah's eligible museums.
Section 13. Section 
9-6-501
 is amended to read:
9-6-501.
Definitions.
As used in this part:
(1) "Endowment fund" means any [
arts
] endowment fund created under this chapter by
a qualifying organization.
(2) "Qualifying organization" means any Utah nonprofit arts 
or museum
 organization
that qualifies under this chapter to create an endowment fund, receive state money into the
endowment fund, match state money deposited into the endowment fund, and expend interest
earned on the endowment fund.
(3) "State fund" means the Utah Arts 
and Museums
 Endowment Fund created [
under
]
in
 Section 
9-6-502
.
Section 14. Section 
9-6-502
 is amended to read:
9-6-502.
Utah Arts and Museums Endowment Fund.
(1) There is created an expendable special revenue fund known as the "Utah Arts 
and
Museums
 Endowment Fund."
(2) The state fund shall be administered by the [
board
] 
division
 in accordance with
applicable law.
(3) Any administrative costs incurred by the [
board
] 
division
 shall be reviewed by the
appropriate appropriations committee of the Legislature.
(4) The state fund shall contain all money appropriated to [
it
] 
the state fund
 by the
Legislature, all federal funds received for purposes of this part, plus interest and other income
earned on [
them
] 
money in the state fund
.
(5) [
The purpose of the state fund is to provide money
] 
The division shall distribute
money in the state fund
 to qualifying arts 
and museum
 organizations to [
enable them to create
]
assist those organizations in creating
 their own arts endowment funds [
and to the board to
administer the state fund
].
(6) The division may use money in the state fund for expenses related to administering
the state fund.
Section 15. Section 
9-6-503
 is amended to read:
9-6-503.
Arts and museums endowment funds.
(1) Any Utah nonprofit arts 
or museum
 organization 
that meets the requirements
described in this part
 may create an endowment fund into which there may be deposited money
from the state fund.
(2)
 The principal of each endowment fund 
described in this section
 may not be
expended by the qualifying organization and shall be held in perpetuity solely by the qualifying
organization [
or by the council on behalf of the qualifying organization. Only interest
]
.
(3) Interest
 income earned on the amount in each endowment fund 
described in this
section
 may be expended by the qualifying organization.
(4)
 The principal of each endowment fund 
described in this section
 shall be invested in
accordance with Title 51, Chapter 7, State Money Management Act.
[
(2)
] 
(5)
 If a qualifying organization 
that creates an endowment fund as described in
this section
 receives
:
(a)
 $50,000 or more from the state fund, the money shall be administered 
by the
qualifying organization's professional management
 in accordance with generally accepted
accounting principles [
by the qualifying organization's professional management. Amounts
]
;
or
(b)
 less than $50,000 
from the state fund, the money
 shall be placed in a state trust and
agency fund [
invested by the state treasurer, who
] 
under the direction of the state treasurer and
the state treasurer
 shall allocate interest income to the qualifying organization.
[
(3)
] 
(6)
 If an endowment fund is [
invested by
] 
under the direction of the state
treasurer,
 the state treasurer [
the costs for this administration shall be deducted from the
interest income before allocations of interest income may be made
] 
shall deduct administrative
costs related to the endowment fund before allocating any interest income
 to the qualifying
organization.
Section 16. Section 
9-6-504
 is amended to read:
9-6-504.
Duties of the division.
The [
board
] 
division, in accordance with the provisions of this part,
 shall:
(1) allocate money from the state fund to the endowment fund created by a qualifying
organization under Section 
9-6-503
;
(2) determine the eligibility of each qualifying organization to receive money from the
state fund [
into the endowment fund of the qualifying organization and be the final arbiter of
eligibility
];
(3) determine the matching amount each qualifying organization shall raise in order to
qualify to receive money from the state fund;
(4) establish a date by which each qualifying organization shall provide its matching
funds;
(5) verify that matching funds have been provided by each qualifying organization by
the date determined in Subsection (4); and
(6) 
(a)
 in accordance with 
the provisions of this part and
 Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, 
the division may
 establish criteria by rule [
not otherwise
prescribed in this chapter
] for determining the eligibility of qualifying organizations to receive
money from the state fund[
.
]
; and
(b) in making rules under this Subsection (6), the division may consider the
recommendations of the arts board and the museums board.
Section 17. Section 
9-6-505
 is amended to read:
9-6-505.
Eligibility requirements of qualifying arts organizations -- Allocation
limitations -- Matching requirements.
(1) Any qualifying organization may apply to receive money from the state fund to be
deposited in an endowment fund [
it
] 
the organization
 has created under [
Subsection
] 
Section
9-6-503
[
(1)
]:
(a) if [
it
] 
the qualifying organization
 has received a grant from the [
board
] 
division
during one of the three years immediately before making application for state fund money
under this Subsection (1); or
(b) upon [
approval by the board if it
] 
recommendation of the arts board or the
museums board if the qualifying organization
 has not received a grant from the board within
the past three years.
(2) (a) The maximum amount that may be allocated to each qualifying organization
from the state fund shall be determined by the [
board
] 
division
 by calculating the average cash
income of the qualifying organization during the past three fiscal years as contained in the
qualifying organization's final reports on file with the [
board
] 
division
.
(b)
 The [
board
] 
division
 shall notify each qualifying organization of the maximum
amount of money from the state fund for which [
it
] 
the qualifying organization
 qualifies.
[
(b)
] 
(c)
 The minimum amount that may be allocated to each qualifying organization
from the state fund is $2,500.
[
(c)
] 
(d)
 If the maximum amount for which the organization qualifies 
under the
calculation described in Subsection (2)(a)
 is less than $2,500, the organization may still apply
for $2,500.
(3) 
(a)
 After the [
board
] 
division
 determines that a qualifying organization is eligible to
receive money from the state fund and before any money is allocated to the qualifying
organization from the state fund, the qualifying organization shall match the amount qualified
for [
by
] 
with
 money raised and designated exclusively for that purpose.
(b)
 State money, in-kind contributions, and preexisting endowment gifts may not be
used to match money from the state fund.
(4) [
Endowment match money
] 
The amount of match money described in Subsection
(3) that a qualifying organization is required to provide
 shall be based on a sliding scale as
follows:
(a) any amount requested not exceeding $100,000 shall be matched one-to-one;
(b) any additional amount requested that makes the aggregate amount requested exceed
$100,000 but not exceed $500,000 shall be matched two-to-one; and
(c) any additional amount requested that makes the aggregate amount requested exceed
$500,000 shall be matched three-to-one.
(5) (a) Qualifying organizations shall raise the matching amount within three years
after applying for money from the state fund by a date determined by the [
board
] 
division
.
(b) Money from the state fund shall be released to the qualifying organization only
upon verification by the board that the matching money has been received on or before the date
determined under Subsection (5)(a).
(c)
 Verification of matching funds shall be made by a certified public accountant.
[
(c)
] 
(d)
 Money from the state fund shall be released to qualifying organizations with
professional endowment management in increments not less than $20,000 as audited
confirmation of matching funds is received by the [
board
] 
division
.
[
(d)
] 
(e)
 Money from the state fund shall be granted to each qualifying organization on
the basis of the matching funds [
it
] 
a qualifying organization
 has raised by the date determined
under Subsection (5)(a).
Section 18. Section 
9-6-506
 is amended to read:
9-6-506.
Unallocated money.
Money in the state fund that is unallocated shall be reallocated by the [
board
] 
division
on a proportionate basis to qualifying organizations that raise 100% of their required match by
the date determined under Subsection 
9-6-505
(5)(a).
Section 19. Section 
9-6-507
 is amended to read:
9-6-507.
Spending restrictions -- Return of endowment.
(1) [
A qualifying organization, once it has received its endowment money from the
state fund, may
] 
If a qualifying organization has received endowment money from the state
fund, the qualifying organization may
 not expend any of that money or the required matching
money in [
its
] 
the qualifying organization's
 endowment fund, but may expend only the interest
income earned on the money in [
its
] 
the
 endowment fund.
(2) If the [
board
] 
division
 determines that a qualifying organization has expended any
amount of the endowment money received from the state fund or any amount of the required
matching money[
, the qualifying organization shall
]
:
(a) the qualifying organization shall
 return the amount [
it
] 
of money the qualifying
organization
 received from the state fund[
. The board
]
; and
(b) the division
 shall reallocate any such returned money to qualifying organizations in
the manner as provided in Section 
9-6-506
.
Section 20. Section 
9-6-508
 is amended to read:
9-6-508.
Federal match.
The creation of the state fund and the use of [
its
] 
state fund
 money to enable qualifying
organizations to create [
their own
] endowment funds may be construed as a state match for any
arts funding [
from
] 
provided by
 the federal government [
that may be provided
].
Section 21. Section 
13-22-6
 is amended to read:
13-22-6.
Application for registration.
(1) An applicant for registration or renewal of registration as a charitable organization
shall:
(a) pay an application fee as determined under Section 
63J-1-504
; and
(b) submit an application on a form approved by the division which shall include:
(i) the organization's name, address, telephone number, facsimile number, if any, and
the names and addresses of any organizations or persons controlled by, controlling, or affiliated
with the applicant;
(ii) the specific legal nature of the organization, that is, whether the organization is an
individual, joint venture, partnership, limited liability company, corporation, association, or
other entity;
(iii) the names and residence addresses of the officers and directors of the organization;
(iv) the name and address of the registered agent for service of process and a consent to
service of process;
(v) the purpose of the solicitation and use of the contributions to be solicited;
(vi) the method by which the solicitation will be conducted and the projected length of
time the solicitation is to be conducted;
(vii) the anticipated expenses of the solicitation, including all commissions, costs of
collection, salaries, and any other items;
(viii) a statement of what percentage of the contributions collected as a result of the
solicitation are projected to remain available for application to the charitable purposes declared
in the application, including a satisfactory statement of the factual basis for the projected
percentage;
(ix) a statement of total contributions collected or received by the organization within
the calendar year immediately preceding the date of the application, including a description of
the expenditures made from or the use made of the contributions;
(x) a copy of any written agreements with any professional fund raiser involved with
the solicitation;
(xi) disclosure of any injunction, judgment, or administrative order or conviction of
any crime involving moral turpitude with respect to any officer, director, manager, operator, or
principal of the organization;
(xii) a copy of all agreements to which the applicant is, or proposes to be, a party
regarding the use of proceeds for the solicitation or fundraising;
(xiii) a statement of whether the charitable organization, or the charitable
organization's parent foundation, will be using the services of a professional fund raiser or of a
professional fund raising counsel or consultant;
(xiv) if either the charitable organization or the charitable organization's parent
foundation will be using the services of a professional fund raiser or a professional fund raising
counsel or consultant:
(A) a copy of all agreements related to the services; and
(B) an acknowledgment that fund raising in the state will not commence until both the
charitable organization, its parent foundation, if any, and the professional fund raiser or
professional fund raising counsel or consultant are registered and in compliance with this
chapter;
(xv) any documents required under Section 
13-22-15
; and
(xvi) any additional information the division may require by rule.
(2) If any information contained in the application for registration becomes incorrect or
incomplete, the applicant or registrant shall, within 30 days after the information becomes
incorrect or incomplete, correct the application or file the complete information required by the
division.
(3) In addition to the registration fee, an organization failing to file a registration
application or renewal by the due date or filing an incomplete registration application or
renewal shall pay an additional fee of $25 for each month or part of a month after the date on
which the registration application or renewal were due to be filed.
[
(4) Notwithstanding Subsection (1)(a), the registration fee for a certified local
museum under Section 
9-6-603
 is $25 less than the registration fee established under
Subsection (1).
]
Section 22. Section 
59-12-701
 is amended to read:
59-12-701.
Purpose statement.
The Utah Legislature finds and declares that:
(1) Recreational and zoological facilities and the botanical, cultural, and zoological
organizations of the state of Utah enhance the quality of life of Utah's citizens, as well as the
continuing growth of Utah's tourist, convention, and recreational industries.
(2) Utah was the first state in this nation to create and financially support a state arts
agency[
, now the Utah Arts Council, which is
] 
and remains
 committed to the nurturing and
growth of cultural pursuits.
(3) Utah has provided, and intends to continue, the financial support of recreational and
zoological facilities and the botanical, cultural, and zoological organizations of this state.
(4) The state's support of its recreational and zoological facilities and its botanical,
cultural, and zoological organizations has not been sufficient to assure the continuing existence
and growth of these facilities and organizations, and the Legislature believes that local
government may wish to play a greater role in the support of these organizations.
(5) Without jeopardizing the state's ongoing support of its recreational and zoological
facilities and its botanical, cultural, and zoological organizations, the Legislature intends to
permit the counties of the state of Utah to enhance public financial support of Utah's publicly
owned or operated recreational and zoological facilities, and botanical, cultural, and zoological
organizations owned or operated by institutions or private nonprofit organizations, through the
imposition of a county sales and use tax.
(6) In a county of the first class, it is necessary and appropriate to allocate a tax
imposed under this part in a manner that provides adequate predictable support to a fixed
number of botanical and cultural organizations and that gives the county legislative body
discretion to allocate the tax revenues to other botanical and cultural organizations.
Section 23. Section 
59-12-704
 is amended to read:
59-12-704.
Distribution of revenues -- Advisory board creation -- Determining
operating expenses -- Administrative charge.
(1) Except as provided in Subsections (3)(b) and (5), and subject to the requirements of
this section, any revenues collected by a county of the first class under this part shall be
distributed annually by the county legislative body to support cultural facilities, recreational
facilities, and zoological facilities and botanical organizations, cultural organizations, and
zoological organizations within that first class county as follows:
(a) 30% of the revenue collected by the county under this section shall be distributed
by the county legislative body to support cultural facilities and recreational facilities located
within the county;
(b) (i) subject to Subsection (1)(b)(ii) and except as provided in Subsection (1)(b)(iii),
16% of the revenue collected by the county under this section shall be distributed by the county
legislative body to support no more than three zoological facilities and zoological organizations
located within the county, having average annual operating expenses of $1,500,000 or more as
determined under Subsection (3), with:
(A) 63.5% of that revenue being distributed to support a zoological organization
having as its primary purpose the operation of a zoological park, or a zoological facility that is
part of or integrated with a zoological park;
(B) 28.25% of that revenue being distributed to support a zoological organization
having as its primary purpose the operation of an aquarium, or a zoological facility that is part
of or integrated with an aquarium; and
(C) 8.25% of that revenue being distributed to support a zoological organization having
as its primary purpose the operation of an aviary, or a zoological facility that is part of or
integrated with an aviary;
(ii) if more than one zoological organization or zoological facility qualifies to receive
the money described in Subsection (1)(b)(i)(A), (B), or (C), the county legislative body shall
distribute the money described in the subsection for which more than one zoological
organization or zoological facility qualifies to whichever zoological organization or zoological
facility the county legislative body determines is most appropriate, except that a zoological
organization or zoological facility may not receive money under more than one subsection
under Subsection (1)(b)(i); and
(iii) if no zoological organization or zoological facility qualifies to receive money
described in Subsection (1)(b)(i)(A), (B), or (C), the county legislative body shall distribute the
money described in the subsection for which no zoological organization or zoological facility
qualifies among the zoological organizations or zoological facilities qualifying for and
receiving money under the other subsections in proportion to the zoological organizations' or
zoological facilities' average annual operating expenses as determined under Subsection (3);
(c) (i) 45% of the revenue collected by the county under this section shall be distributed
to no more than 22 botanical organizations and cultural organizations with average annual
operating expenses of more than $250,000 as determined under Subsection (3);
(ii) subject to Subsection (1)(c)(iii), the county legislative body shall distribute the
money described in Subsection (1)(c)(i) among the botanical organizations and cultural
organizations in proportion to their average annual operating expenses as determined under
Subsection (3); and
(iii) the amount distributed to any botanical organization or cultural organization
described in Subsection (1)(c)(i) may not exceed 35% of the botanical organization's or cultural
organization's operating budget; and
(d) (i) 9% of the revenue collected by the county under this section shall be distributed
to botanical organizations and cultural organizations that do not receive revenue under
Subsection (1)(c)(i); and
(ii) the county legislative body shall determine how the money shall be distributed
among the botanical organizations and cultural organizations described in Subsection (1)(d)(i).
(2) (a) The county legislative body of each county shall create an advisory board to
advise the county legislative body on disbursement of funds to botanical organizations and
cultural organizations under Subsection (1)(c)(i).
(b) (i) The advisory board under Subsection (2)(a) shall consist of seven members
appointed by the county legislative body.
(ii) In a county of the first class, two of the seven members of the advisory board under
Subsection (2)(a) shall be appointed [
from the Utah Arts Council
] 
by the Division of Arts and
Museums created in Section 
9-6-201
.
(3) (a) Except as provided in Subsection (3)(b), to be eligible to receive money
collected by the county under this part, a botanical organization, cultural organization,
zoological organization, and zoological facility located within a county of the first class shall,
every year:
(i) calculate its average annual operating expenses based upon audited operating
expenses for three preceding fiscal years; and
(ii) submit to the appropriate county legislative body:
(A) a verified audit of annual operating expenses for each of those three preceding
fiscal years; and
(B) the average annual operating expenses as calculated under Subsection (3)(a)(i).
(b) The county legislative body may waive the operating expenses reporting
requirements under Subsection (3)(a) for organizations described in Subsection (1)(d)(i).
(4) When calculating average annual operating expenses as described in Subsection
(3), each botanical organization, cultural organization, and zoological organization shall use the
same three-year fiscal period as determined by the county legislative body.
(5) (a) By July 1 of each year, the county legislative body of a first class county may
index the threshold amount in Subsections (1)(c) and (d).
(b) Any change under Subsection (5)(a) shall be rounded off to the nearest $100.
(6) (a) In a county except for a county of the first class, the county legislative body
shall by ordinance provide for the distribution of the entire amount of the revenues generated
by the tax imposed by this section:
(i) as provided in this Subsection (6); and
(ii) as stated in the opinion question described in Subsection 
59-12-703
(1).
(b) Pursuant to an interlocal agreement established in accordance with Title 11,
Chapter 13, Interlocal Cooperation Act, a county described in Subsection (6)(a) may distribute
to a city, town, or political subdivision within the county revenues generated by a tax under this
part.
(c) The revenues distributed under Subsection (6)(a) or (b) shall be used for one or
more organizations or facilities defined in Section 
59-12-702
 regardless of whether the
revenues are distributed:
(i) directly by the county described in Subsection (6)(a) to be used for an organization
or facility defined in Section 
59-12-702
; or
(ii) in accordance with an interlocal agreement described in Subsection (6)(b).
(7) A county legislative body may retain up to 1.5% of the proceeds from a tax under
this part for the cost of administering this part.
(8) The commission shall retain and deposit an administrative charge in accordance
with Section 
59-1-306
 from the revenues the commission collects from a tax under this part.
Section 24. Section 
63C-9-601
 is amended to read:
63C-9-601.
Responsibility for items.
Furniture, furnishings, fixtures, works of art, and decorative objects for which the board
has responsibility under this chapter are not subject to the custody or control of the State
Library Board, the State Library Division, the Division of Archives and Records Service, the
Division of State History, [
the Office of Museum Services, the Utah Arts Council,
] the
Division of Arts and Museums, the 
arts collection committee of the
 State of Utah Alice Merrill
Horne Art Collection [
Committee
], or any other state agency.
Section 25. 
Repealer.
This bill repeals:
Section 
9-6-204
,
Utah Arts Council Board of Directors.
Section 
9-6-205
,
Board powers and duties.
Section 
9-6-307
,
Application of funds received by council.
Section 
9-6-602
,
Office of Museum Services created -- Purpose.
Section 
9-6-603
,
Duties of office.
Section 
9-6-604
,
Museum Services Advisory Board -- Membership.
Section 
9-6-605
,
Advisory board -- Duties.
Section 
9-6-606
,
Office limitations.
Section 
9-6-701
,
Title.
Section 
9-6-702
,
Definitions.
Section 
9-6-703
,
State-Owned Art Collections Inventory Study Program -- Division
duties -- Funding for the study program.
Section 
9-6-704
,
State-Owned Art Collections Inventory Program Committee --
Membership -- Chair -- Expenses -- Duties.
Section 
9-6-801
,
Title.
Section 
9-6-802
,
Definitions.
Section 
9-6-803
,
Arts and Culture Business Alliance -- Creation -- Members --
Vacancies.
Section 
9-6-804
,
Alliance duties.
Section 
9-6-805
,
Staff support -- Rulemaking.
Section 
9-6-806
,
Arts and Culture Business Alliance Account -- Funding.