Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 350 (2022GS)

Sponsor

Rep. Hawkes, T.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• assigns oversight of the State Historic Preservation Office to the State History Board;
• creates the State Historic Preservation Office;
• describes the process for appointing the state historic preservation officer; and
• describes the duties of the State Historic Preservation Office.

Every vote on this bill

Bill text

STATE HISTORIC PRESERVATION OFFICE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Timothy D. Hawkes
Senate Sponsor: 
Derrin R. Owens
LONG TITLE
General Description:
This bill creates the State Historic Preservation Office.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ assigns oversight of the State Historic Preservation Office to the State History
Board;
▸ creates the State Historic Preservation Office;
▸ describes the process for appointing the state historic preservation officer; and
▸ describes the duties of the State Historic Preservation Office.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
9-8-204
, as last amended by Laws of Utah 2020, Chapters 352 and 373
9-8-205
, as last amended by Laws of Utah 2017, Chapter 48
ENACTS:
9-8-901
, Utah Code Annotated 1953
9-8-902
, Utah Code Annotated 1953
9-8-903
, Utah Code Annotated 1953
9-8-904
, Utah Code Annotated 1953
9-8-905
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
9-8-204
 is amended to read:
9-8-204.
Board of State History.
(1) There is created within the department the Board of State History.
(2) The board shall consist of 11 members appointed by the governor with the advice
and consent of the Senate, in accordance with Title 63G, Chapter 24, Part 2, Vacancies, [
as
follows: (a) sufficient representatives to satisfy the federal requirements for an adequately
qualified State Historic Preservation Review Board; and (b) other
] 
who are
 persons with an
interest in the subject matter of the division's responsibilities.
(3) (a) Except as required by Subsection (3)(b), the members shall be appointed for
terms of four years and shall serve until their successors are appointed and qualified.
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
board members are staggered so that approximately half of the board is appointed every two
years.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term with the consent of the Senate.
(5) A simple majority of the board constitutes a quorum for conducting board business.
(6) The governor shall select a chair and vice chair from the board members.
(7) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(8) A member shall comply with the conflict of interest provisions described in Title
63G, Chapter 24, Part 3, Conflicts of Interest.
Section 2. Section 
9-8-205
 is amended to read:
9-8-205.
Board duties and powers.
(1) The board shall:
(a) 
with respect to the division:
(i)
 make policies to direct the division director in carrying out the director's duties;
[
(b)
] 
(ii)
 approve the division's rules;
[
(c)
] 
(iii)
 assist the division in development programs consistent with this chapter; 
and
[
(d) function as the State Review Board for purposes of the historic preservation
program;
]
[
(e) recommend districts, sites, buildings, structures, and objects for listing on the State
and National Historic Registers to the director; and
]
[
(f)
] 
(iv)
 review and approve, if appropriate, matching grants under Subsection
9-8-203
(3)(c)(ii)
;
[
.
] 
and
(b) with respect to the State Historic Preservation Office created in Section 
9-8-902
:
(i) make policies to direct the state historic preservation officer in carrying out the
officer's duties; and
(ii) assist the office in programs consistent with Part 9, State Historic Preservation
Office.
(2) The board may establish advisory committees to assist the board
, the office,
 and the
division in carrying out the responsibilities under this chapter.
Section 3. Section 
9-8-901
 is enacted to read:
Part 9. State Historic Preservation Office
 9-8-901.
Definitions.
As used in this part and in Section 
9-8-205
:
(1) "Board" means the Board of State History created in Section 
9-8-204
.
(2) "Committee" means the National Register Review Committee created in Section
9-8-905
.
(3) "Office" means the State Historic Preservation Office created in Section 
9-8-902
.
(4) "Officer" means the state historic preservation officer, appointed in accordance
with Section 
9-8-903
.
Section 4. Section 
9-8-902
 is enacted to read:
 9-8-902.
State Historic Preservation Office -- Creation -- Purpose.
(1) There is created within the department the State Historic Preservation Office under
the administration and supervision of the executive director or the designee of the executive
director.
(2) The office shall be under the policy direction of the board.
(3) The office shall be the authority in the state for state history preservation and shall
perform those duties set forth in statute.
Section 5. Section 
9-8-903
 is enacted to read:
 9-8-903.
Appointment of state historic preservation officer.
(1) In accordance with 36 C.F.R. Sec. 61.4, the governor shall appoint the state historic
preservation officer.
(2) The officer shall administer:
(a) the office; and
(b) the state historic preservation program.
Section 6. Section 
9-8-904
 is enacted to read:
 9-8-904.
Office duties.
The office shall:
(1) secure, for the present and future benefit of the state, the protection of
archaeological resources and sites which are on state lands;
(2) foster increased cooperation and exchange of information between state authorities,
the professional archaeological community, and private individuals;
(3) in cooperation with federal and state agencies, local governments, private
organizations, and private individuals, direct and conduct a comprehensive statewide survey of
historic properties;
(4) maintain an inventory of the properties described in Subsection (3);
(5) identify and nominate eligible property to the National Register of Historic Places;
(6) administer applications for listing historic property on the National Register of
Historic Places;
(7) prepare and implement a comprehensive statewide historic preservation plan;
(8) administer the state program of federal assistance for historic preservation within
the state;
(9) advise and assist, as appropriate, state agencies, federal agencies, and local
governments in carrying out their historic preservation responsibilities;
(10) cooperate with federal agencies, state agencies, local agencies, private
organizations, and individuals to ensure that historic property is taken into consideration at all
levels of planning and development;
(11) provide, with respect to historic preservation:
(a) public information;
(b) education;
(c) training; and
(d) technical assistance;
(12) cooperate with local governments in the development of local historic
preservation programs;
(13) consult with appropriate federal agencies with respect to:
(a) federal undertakings that may affect historic properties; and
(b) advising and assisting in the evaluation of proposals for rehabilitation projects that
may qualify for federal assistance;
(14) perform other duties as designated under 54 U.S.C. Sec. 302303; and
(15) perform other duties as designated by the department and by statute.
Section 7. Section 
9-8-905
 is enacted to read:
 9-8-905.
National Register Review Committee.
(1) There is created the National Register Review Committee.
(2) The committee shall be composed of seven members, at least four of whom have
professional experience in:
(a) history;
(b) prehistoric and historic archaeology;
(c) architectural history;
(d) architecture;
(e) folklore;
(f) cultural anthropology;
(g) museology, curation, or conservation;
(h) landscape architecture; or
(i) planning.
(3) To qualify as a member with professional experience in a discipline described in
Subsection (2), a member shall meet the professional qualifications standards described in 36
C.F.R. Sec. 61.4.
(4) The committee shall serve as Utah's State Historic Preservation Review Board
described in 36 C.F.R. Sec. 61.4.
(5) The officer and the director shall make the initial appointments to the committee.
(6) (a) Except as described in Subsections (6)(b) and (c), a member shall serve a term
of four years.
(b) When making initial appointments to the committee, the director and the officer
shall stagger the terms so that approximately half of the committee members serve an initial
term of two years.
(c) When the term of a current member expires, a member shall be reappointed or a
new member shall be appointed in accordance with Subsection (8).
(7) (a) When a vacancy occurs in the membership for any reason, a replacement shall
be appointed in accordance with Subsection (8) for the unexpired term.
(b) A member whose term has expired may continue to serve until a replacement is
appointed.
(8) The committee shall nominate a member to fill a vacancy described in Subsection
(6)(c) or (7)(a), subject to the approval of the director and the officer.
(9) A member may serve more than one term, but may not serve more than three terms.
(10) A majority of the members of the committee is a quorum.
(11) A member may not receive compensation or benefits for the member's service.
(12) The committee shall meet at least one time per year.
(13) The committee shall elect a chair from the committee's members.
(14) The committee shall:
(a) review, evaluate, and comment on the eligibility of properties nominated to the
National Register of Historic Places;
(b) review the documentation of nominated parties and recommended changes to the
National Register of Historic Places nomination;
(c) bring to the attention of the office and the officer properties which may meet the
National Register of Historic Places criteria for evaluation;
(d) recommend the removal of properties from the National Register of Historic
Places;
(e) assist the officer and the office in statewide efforts to encourage public and private
persons to identify, nominate, protect, enhance, and maintain the state's historic resources; and
(f) review the State Historic Preservation Plan prior to submission to the United States 
Department of the Interior.