Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 302 Fourth Substitute (2023GS)

Sponsor

Rep. Spendlove, R.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• clarifies the duties of the department's State Library Division;
• requires certain agencies to provide information to the State Library Division for retention in the digital library;
• repeals the State Library Division's depository library program;
• modifies requirements related to public library Internet safety;
• renames the Division of State History within the department as the Utah Historical Society;
• repeals the Board of State History's duties in relation to the State Historic Preservation Office;
• establishes the Museum of Utah within the Utah Historical Society to promote Utah's history and culture;
• transfers certain department functions related to antiquities and historical preservation to the State Historic Preservation Office;
• expands the membership of the National Register Review Committee;
• modifies the membership and duties of the Utah Multicultural Commission;
• modifies the membership of the STEM Action Center Board;
• allows the Pete Suazo Utah Athletic Commission to impose broadcast revenue fees on promoters;

Every vote on this bill

Bill text

CULTURAL AND COMMUNITY ENGAGEMENT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Robert M. Spendlove
Senate Sponsor: 
Daniel McCay
LONG TITLE
General Description:
This bill modifies provisions related to the Department of Cultural and Community
Engagement (department).
Highlighted Provisions:
This bill:
▸ defines terms;
▸ clarifies the duties of the department's State Library Division;
▸ requires certain agencies to provide information to the State Library Division for
retention in the digital library;
▸ repeals the State Library Division's depository library program;
▸ modifies requirements related to public library Internet safety;
▸ renames the Division of State History within the department as the Utah Historical
Society;
▸ repeals the Board of State History's duties in relation to the State Historic
Preservation Office;
▸ establishes the Museum of Utah within the Utah Historical Society to promote
Utah's history and culture;
▸ transfers certain department functions related to antiquities and historical
preservation to the State Historic Preservation Office;
▸ expands the membership of the National Register Review Committee;
▸ modifies the membership and duties of the Utah Multicultural Commission;
▸ modifies the membership of the STEM Action Center Board;
▸ allows the Pete Suazo Utah Athletic Commission to impose broadcast revenue fees
on promoters;
▸ repeals the Utah Main Street Program Advisory Committee; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
9-7-101
, as last amended by Laws of Utah 2019, Chapter 221
9-7-201
, as renumbered and amended by Laws of Utah 1992, Chapter 241
9-7-203
, as last amended by Laws of Utah 2017, Chapter 48
9-7-205
, as last amended by Laws of Utah 2017, Chapter 48
9-7-207
, as last amended by Laws of Utah 2006, Chapter 81
9-7-208
, as repealed and reenacted by Laws of Utah 2006, Chapter 81
9-7-213
, as last amended by Laws of Utah 2010, Chapter 378
9-7-215
, as last amended by Laws of Utah 2017, Chapter 208
9-8-102
, as last amended by Laws of Utah 2019, Chapter 221
9-8-201
, as renumbered and amended by Laws of Utah 1992, Chapter 241
9-8-202
, as last amended by Laws of Utah 2019, Chapter 221
9-8-203
, as last amended by Laws of Utah 2018, Chapter 63
9-8-204
, as last amended by Laws of Utah 2022, Chapter 369
9-8-205
, as last amended by Laws of Utah 2022, Chapter 369
9-8-206
, as last amended by Laws of Utah 2019, Chapter 221
9-8-207
, as last amended by Laws of Utah 2018, Chapter 260
9-8-701
, as last amended by Laws of Utah 2014, Chapter 166
9-8-704
, as last amended by Laws of Utah 2014, Chapter 166
9-8-705
, as last amended by Laws of Utah 2014, Chapter 166
9-8-707
, as last amended by Laws of Utah 2014, Chapter 166
9-8-708
, as last amended by Laws of Utah 2014, Chapter 166
9-9-402
, as last amended by Laws of Utah 2019, Chapter 79
9-9-403
, as last amended by Laws of Utah 2008, Chapter 114
9-9-405
, as last amended by Laws of Utah 2019, Chapter 79
9-9-407
, as last amended by Laws of Utah 2019, Chapter 79
9-9-408
, as last amended by Laws of Utah 2021, Chapter 280
9-21-301
, as enacted by Laws of Utah 2019, Chapter 221
9-21-302
, as enacted by Laws of Utah 2019, Chapter 221
9-22-103
, as last amended by Laws of Utah 2020, Chapter 365
9-23-304
, as renumbered and amended by Laws of Utah 2022, Chapter 362
9-24-101
, as renumbered and amended by Laws of Utah 2022, Chapter 362
9-24-102
, as renumbered and amended by Laws of Utah 2022, Chapter 362
10-9a-534
, as enacted by Laws of Utah 2021, First Special Session, Chapter 3
15A-2-103
, as last amended by Laws of Utah 2021, Chapter 199
17-27a-530
, as enacted by Laws of Utah 2021, First Special Session, Chapter 3
17C-2-103
, as last amended by Laws of Utah 2019, Chapter 376
17C-2-104
, as last amended by Laws of Utah 2006, Chapter 292 and renumbered and
amended by Laws of Utah 2006, Chapter 359
17C-3-103
, as last amended by Laws of Utah 2016, Chapter 350
17C-3-104
, as enacted by Laws of Utah 2006, Chapter 359
17C-5-105
, as last amended by Laws of Utah 2019, Chapter 376
17C-5-106
, as enacted by Laws of Utah 2016, Chapter 350
53B-17-603
, as last amended by Laws of Utah 2008, Chapter 382
53B-18-1002
, as last amended by Laws of Utah 2021, Chapter 184
59-7-609
, as enacted by Laws of Utah 1995, Chapter 42
59-10-1006
, as renumbered and amended by Laws of Utah 2006, Chapter 223
63A-12-112
, as enacted by Laws of Utah 2019, Chapter 254
63C-9-301
, as last amended by Laws of Utah 2021, Chapters 382, 405
63C-9-601
, as last amended by Laws of Utah 2020, Chapter 419
63L-11-202
, as last amended by Laws of Utah 2021, Chapter 345 and renumbered and
amended by Laws of Utah 2021, Chapter 382
63L-11-402
, as last amended by Laws of Utah 2022, Chapter 68
67-1-8.1
, as last amended by Laws of Utah 2021, Chapters 209, 344
76-9-704
, as last amended by Laws of Utah 2007, Chapters 60, 231
ENACTS:
9-8-209
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
9-8a-101
, (Renumbered from 9-8-901, as enacted by Laws of Utah 2022, Chapter 369)
9-8a-201
, (Renumbered from 9-8-902, as enacted by Laws of Utah 2022, Chapter 369)
9-8a-202
, (Renumbered from 9-8-903, as enacted by Laws of Utah 2022, Chapter 369)
9-8a-203
, (Renumbered from 9-8-904, as enacted by Laws of Utah 2022, Chapter 369)
9-8a-204
, (Renumbered from 9-8-905, as enacted by Laws of Utah 2022, Chapter 369)
9-8a-205
, (Renumbered from 9-8-208, as enacted by Laws of Utah 2020, Chapter 179)
9-8a-301
, (Renumbered from 9-8-301, as last amended by Laws of Utah 2014, Chapter
189)
9-8a-302
, (Renumbered from 9-8-302, as last amended by Laws of Utah 2016, Chapter
348)
9-8a-304
, (Renumbered from 9-8-304, as last amended by Laws of Utah 2007, Chapter
231)
9-8a-305
, (Renumbered from 9-8-305, as last amended by Laws of Utah 2020, Chapter
154)
9-8a-306
, (Renumbered from 9-8-306, as last amended by Laws of Utah 1995, Chapter
170)
9-8a-307
, (Renumbered from 9-8-307, as last amended by Laws of Utah 2014, Chapter
189)
9-8a-308
, (Renumbered from 9-8-308, as renumbered and amended by Laws of Utah
1992, Chapter 241)
9-8a-309
, (Renumbered from 9-8-309, as last amended by Laws of Utah 2008, Chapter
382)
9-8a-401
, (Renumbered from 9-8-401, as renumbered and amended by Laws of Utah
1992, Chapters 241, 286)
9-8a-402
, (Renumbered from 9-8-402, as last amended by Laws of Utah 2019, Chapter
221)
9-8a-403
, (Renumbered from 9-8-403, as renumbered and amended by Laws of Utah
1992, Chapter 241)
9-8a-404
, (Renumbered from 9-8-404, as last amended by Laws of Utah 2020, Chapter
34)
9-8a-405
, (Renumbered from 9-8-405, as last amended by Laws of Utah 2014, Chapter
189)
9-8a-502
, (Renumbered from 9-8-502, as renumbered and amended by Laws of Utah
1992, Chapter 241)
9-8a-503
, (Renumbered from 9-8-503, as renumbered and amended by Laws of Utah
1992, Chapter 241)
9-8a-504
, (Renumbered from 9-8-504, as renumbered and amended by Laws of Utah
1992, Chapter 241)
9-8a-505
, (Renumbered from 9-8-505, as renumbered and amended by Laws of Utah
1992, Chapter 241)
9-8a-506
, (Renumbered from 9-8-506, as renumbered and amended by Laws of Utah
1992, Chapter 241)
9-23-203
, (Renumbered from 63N-10-202, as renumbered and amended by Laws of
Utah 2015, Chapter 283)
REPEALS:
9-7-209
, as last amended by Laws of Utah 2006, Chapter 81
9-7-210
, as last amended by Laws of Utah 1995, Chapter 32
9-8-501
, as renumbered and amended by Laws of Utah 1992, Chapter 241
9-24-103
, as renumbered and amended by Laws of Utah 2022, Chapter 362
Utah Code Sections Affected By Coordination Clause:
9-7-215
, as last amended by Laws of Utah 2017, Chapter 208
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
9-7-101
 is amended to read:
9-7-101.
Definitions.
As used in this chapter:
(1) "Board" means the State Library Board created in Section 
9-7-204
.
(2) "Digital library" means the web-accessible digital library of state publications
created under Section 
9-7-208
.
[
(2)
] 
(3)
 "Division" means the State Library Division.
(4) "Legislative publication" means:
(a) the Utah Code;
(b) the Laws of Utah; and
(c) a biennial version of the Utah Constitution after amendments that passed during the
regular general election are incorporated into the Utah Constitution.
[
(3)
] 
(5)
 "Library board" means the library board of directors appointed locally as
authorized by Section 
9-7-402
 or 
9-7-502
 and which exercises general policy authority for
library services within a city or county of the state, regardless of the title by which the board is
known locally.
[
(4)
] 
(6)
 "Physical format" means a transportable medium in which analog or digital
information is published, such as print, microform, magnetic disk, or optical disk.
[
(5)
] 
(7)
 "Policy" means the public library online access policy adopted by a library
board to meet the requirements of Section 
9-7-215
.
[
(6)
] 
(8)
 "Political subdivision" means a county, city, town, school district, public
transit district, redevelopment agency, or special improvement or taxing district.
[
(7)
] 
(9) (a)
 "State agency" means:
[
(a)
] 
(i)
 the state; or
[
(b)
] 
(ii)
 an office, department, [
agency, authority, commission, board, institution,
hospital, college, university,
] 
division,
 or other 
agency or
 instrumentality of the state.
(b) "State agency" does not include:
(i) the Office of Legislative Research and General Counsel;
(ii) a political subdivision; or
(iii) a state institution of higher education.
(10) "State institution of higher education" means an institution described in Section
53B-2-101
 or any other university or college that is established and maintained by the state.
[
(8)
] 
(11)
 (a) "State publication" means [
a book, compilation, directory, document,
contract or grant report, hearing memorandum, journal, law, legislative bill, magazine, map,
monograph, order, ordinance, pamphlet, periodical, proceeding, public memorandum,
resolution, register, rule, report, statute, audiovisual material, electronic publication,
micrographic form and tape or disc recording regardless of format or method of reproduction,
]
any information
 issued or published by a state agency [
or political subdivision
] for distribution.
(b) "State publication" includes a book, compilation, directory, map, fact sheet,
newsletter, brochure, bulletin, journal, magazine, pamphlet, periodical, report, and electronic
publication.
[
(b)
] 
(c)
 "State publication" does not include [
correspondence, internal confidential
publications, office memoranda, university press publications, or publications of the state
historical society
] 
public information, as that term is defined in Section 
63A-16-601
.
Section 2. Section 
9-7-201
 is amended to read:
9-7-201.
State Library Division -- Creation -- Purpose.
(1) There is created within the department the State Library Division 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 function as the library authority for [
the state and is responsible
for general library services, extension services, the preservation, distribution and exchange of
state publications, legislative reference, and other services considered proper for a state
library.
]
:
(a) general library services;
(b) mobile library services;
(c) providing for permanent public access to state publications; and
(d) other services considered proper for a state library.
Section 3. Section 
9-7-203
 is amended to read:
9-7-203.
Division duties.
[
The
] 
Subject to the requirements of this part, the
 division shall:
(1) establish, operate, and maintain
:
(a)
 a state publications collection[
,
]
;
(b)
 a digital library of state publications[
,
]
; and
(c)
 a bibliographic control system[
, and depositories as provided in this part
];
(2) cooperate with:
(a) other 
state
 agencies to facilitate public access to government information through
electronic networks or other means;
(b) other state or national libraries or library agencies; and
(c) the federal government or agencies in accepting federal aid whether in the form of
funds or otherwise;
(3) receive bequests, gifts, and endowments of money and deposit the funds with the
state treasurer to be placed in the State Library Donation Fund, which funds shall be held for
the purpose, if any, specifically directed by the donor; and
(4) receive bequests, gifts, and endowments of property to be held, used, or disposed
of, as directed by the donor[
,
]
:
(a) in accordance with the division's policies for collection development; and
(b)
 with the approval of the Division of Finance.
Section 4. Section 
9-7-205
 is amended to read:
9-7-205.
Duties of board and director.
(1) The board shall:
(a) promote, develop, and organize a state library and make provisions for [
its
] 
the state
library's
 housing;
(b) promote and develop library services throughout the state in cooperation with other
state or municipal libraries, schools, or other agencies wherever practical;
(c) promote the establishment of district, regional, or multicounty libraries as
conditions within particular areas of the state may require;
(d) supervise the books and materials of the state library and require the keeping of
careful and complete records of the condition and affairs of the state library;
(e) establish policies for the administration of the division and for the control,
distribution, and lending of books and materials to those libraries, institutions, groups, or
individuals entitled to them under this chapter;
(f) serve as the agency of the state for the administration of state or federal funds that
may be appropriated to further library development within the state;
(g) aid and provide general advisory assistance in the development of statewide school
library service and encourage contractual and cooperative relations between school and public
libraries;
(h) give assistance, advice, and counsel to all tax-supported libraries within the state
and to all communities or persons proposing to establish a tax-supported library and conduct
courses and institutes on the approved methods of operation, selection of books, or other
activities necessary to the proper administration of a library;
(i) furnish or contract for the furnishing of library or information service to state
officials, state departments, or any groups that in the opinion of the director warrant the
furnishing of those services, particularly through the facilities of traveling libraries to those
parts of the state otherwise inadequately supplied by libraries;
(j) where sufficient need exists and if the director considers it advisable, establish and
maintain special departments in the state library to provide services for the blind, visually
impaired, persons with disabilities, and professional, occupational, and other groups;
(k) administer a [
depository
] 
state publications
 library program by collecting state
publications, 
providing access to state publications through the digital library,
 and providing a
bibliographic information system;
(l) require the collection of information and statistics necessary to the work of the state
library and the distribution of findings and reports;
(m) make any report concerning the activities of the state library to the governor as the
governor may require; and
(n) develop standards for public libraries.
(2) The director shall, under the policy direction of the board, carry out the
responsibilities under Subsection (1).
Section 5. Section 
9-7-207
 is amended to read:
9-7-207.
Deposit of state publications and legislative publications.
[
(1) (a) Each state agency and political subdivision publishing a digital version of a
state publication shall deposit a digital copy with the division.
]
[
(b) Each state agency and political subdivision shall deposit with the division copies
of each state publication that it elects to publish in a physical format in the numbers specified
by the state librarian.
]
[
(c) The division shall forward two copies of each state publication published in a
physical format deposited with it by a state agency to the Library of Congress, one copy to the
state archivist, at least one copy to each depository library, and retain two copies.
]
[
(2) Each state agency or political subdivision shall deposit with the division a digital
copy of each audio and video publication or recording issued by it for bibliographic listing and
retention in the digital library.
]
[
(3) Each state agency or political subdivision shall deposit with the division copies of
audio and video publications or recordings issued by it in physical formats in the numbers
specified by the state librarian for bibliographic listing and retention in the state library
collection.
]
[
(4) (a) The division shall publish or make available to the public through electronic
networks a list of state agency publications.
]
[
(b) The list shall be published periodically and distributed to depository libraries and
the state archivist.
]
[
(5) Materials the division considers not to be of major public interest will be listed,
but no copies will be required for deposit.
]
(1) (a) A state agency shall submit to the division a digital copy of each state
publication the state agency makes available to the public regardless of format for
bibliographic listing and permanent retention in the digital library.
(b) A state agency may not remove a state publication that is posted to the state
agency's public website until the state agency submits a digital copy of the state publication to
the division under Subsection (1)(a).
(c) A state agency's submission of a state publication under Subsection (1)(a)
constitutes the state agency's compliance with the requirement under Section 
46-5-108
 to
ensure that the state publication is reasonably available for use by the public on a permanent
basis.
(2) (a) In addition to the requirements of Subsection (1), a state agency that elects to
publish a state publication in a physical format shall submit copies of the state publication to
the division in the numbers specified by the state librarian.
(b) The division shall:
(i) forward one copy of each state publication described in Subsection (2)(a) to the
state archivist; and
(ii) retain two copies of each state publication described in Subsection (2)(a) for the
division's collection of state publications.
(3) The Office of Legislative Research and General Counsel shall submit to the
division a digital copy of each legislative publication the Office of Legislative Research and
General Counsel makes available to the public for permanent retention in the digital library.
(4) (a) A political subdivision or state institution of higher education may submit to the
division a digital copy of any information the political subdivision or state institution of higher
education makes available to the public.
(b) With respect to information submitted to the division by political subdivisions and
state institutions of higher education, the division may select the information the division
considers appropriate for permanent public access in the digital library.
Section 6. Section 
9-7-208
 is amended to read:
9-7-208.
Digital library for permanent public access.
(1) The division shall manage and maintain an online, web-accessible digital library for
state publications 
submitted to the division by state agencies under Subsection 
9-7-207
(1)
.
(2) The division shall provide for permanent public access to [
the
] 
state
 publications in
the digital library.
(3) The 
digital
 library shall be accessible by agency, author, title, subject, keyword, 
text
search,
 and such other means as provided by the division.
[
(4) (a) Each state agency publishing a digital version of a state publication shall
deposit a digital copy of the publication with the division.
]
[
(b) A state agency may not remove a state publication it posts to its public website
until a copy is deposited into the digital library for permanent public access.
]
(4) The division shall make state publications in the digital library available for
download.
Section 7. Section 
9-7-213
 is amended to read:
9-7-213.
Rulemaking.
The division may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, necessary to implement and administer the provisions of this
chapter including:
(1) standards [
which shall be met by libraries to obtain and retain a designation as a
depository library
] 
for submitting state publications to the division under Section 
9-7-207
;
(2) the method by which grants are made to individual libraries, but not including
appropriations made directly to any other agency or institution;
(3) standards for the certification of public librarians; and
(4) standards for the public library online access policy required in Section 
9-7-215
.
Section 8. Section 
9-7-215
 is amended to read:
9-7-215.
Internet and online access policy required.
(1) As used in this section:
(a) "Child pornography" is as defined in Section 
76-5b-103
.
(b) "Harmful to minors" is as defined in Section 
76-10-1201
.
(c) "Obscene" is as defined in 20 U.S.C. Sec. 9101.
(d) "Technology protection measure" means a technology that blocks or filters Internet
access to visual depictions.
(2) State funds may not be provided to any public library that provides public access to
the Internet unless the library:
(a) (i) has in place a policy of Internet safety for minors, including the operation of a
technology protection measure:
(A) with respect to any computer or other device while connected to the Internet
through a network provided by the library, including a wireless network; and
(B) that protects against access to visual depictions that are[
:
] 
child pornography,
harmful to minors, or obscene; and
[
(I) child pornography;
]
[
(II) harmful to minors; or
]
[
(III) obscene; and
]
(ii) is enforcing the operation of the technology protection measure described in
Subsection (2)(a)(i) during any use by a minor of a computer or other device that is connected
to the Internet through a network provided by the library, including a wireless network; and
(b) (i) has in place a policy of Internet safety, including the operation of a technology
protection measure:
(A) with respect to any computer or other device while connected to the Internet
through a network provided by the library, including a wireless network; and
(B) that protects against access to visual depictions that are[
:
] 
child pornography,
harmful to minors, or obscene; and
[
(I) child pornography; or
]
[
(II) obscene; and
]
(ii) is enforcing the operation of the technology protection measure described in
Subsection (2)(b)(i) during any use of a computer or other device that is connected to the
Internet through a network provided by the library, including a wireless network.
(3) This section does not prohibit a public library from limiting Internet access or
otherwise protecting against materials other than the materials specified in this section.
(4) An administrator, supervisor, or other representative of a public library may disable
a technology protection measure described in Subsection (2):
(a) at the request of a library patron who is not a minor; and
(b) to enable access for research or other lawful purposes.
Section 9. Section 
9-8-102
 is amended to read:
9-8-102.
Definitions.
As used in this chapter:
(1) "Board" means the Board of State History.
(2) "Director" means the director of the [
Division of State History
] 
Utah Historical
Society
.
[
(3) "Division" means the Division of State History.
]
[
(4)
] 
(3)
 "Documentary materials" means written or documentary information
contained in published materials, manuscript collections, archival materials, photographs,
sound recordings, motion pictures, and other written, visual, and aural materials, except
government records.
[
(5)
] 
(4)
 "Historical artifacts" means objects produced or shaped by human efforts, a
natural object deliberately selected and used by a human, an object of aesthetic interest, and
any human-made objects produced, used, or valued by the historic peoples of Utah.
(5) "Museum of Utah" means the Museum of Utah created in Section 
9-8-209
.
(6) "Society" means the Utah [
State
] Historical Society created in Section [
9-8-207
]
9-8-201
.
Section 10. Section 
9-8-201
 is amended to read:
Part 2. Utah Historical Society
9-8-201.
Utah Historical Society -- Creation -- Purpose.
(1) There is created within the department the [
Division of State History
] 
Utah
Historical Society
 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)
] 
(2)
 The division
, with the advisement of the board,
 shall be the authority of the
state for state history and shall perform those duties set forth in statute.
Section 11. Section 
9-8-202
 is amended to read:
9-8-202.
Appointment of director.
The executive director, in consultation with the board, shall appoint a director of the
[
division
] 
society
:
(1) to serve as the chief administrative officer of the [
division
] 
society
; and
(2) who is experienced in administration and is qualified by education or training in the
field of state history.
Section 12. Section 
9-8-203
 is amended to read:
9-8-203.
Society duties.
(1) The [
division
] 
society
 shall:
(a) stimulate research, study, and activity in the field of Utah history and related
history;
(b) maintain a specialized history library;
[
(c) mark and preserve historic sites, areas, and remains;
]
[
(d)
] 
(c)
 collect, preserve, and administer historical records relating to the history of
Utah;
[
(e)
] 
(d)
 administer, collect, preserve, document, interpret, develop, and exhibit
historical artifacts, documentary materials, and other objects relating to the history of Utah for
educational and cultural purposes;
[
(f)
] 
(e)
 edit and publish historical records;
[
(g)
] 
(f)
 cooperate with local, state, and federal agencies and schools and museums to
provide coordinated and organized activities for the collection, documentation, preservation,
interpretation, and exhibition of historical artifacts related to the state;
[
(h)
] 
(g)
 promote, coordinate, and administer:
(i) Utah History Day at the Capitol designated under Section 
63G-1-401
; and
(ii) the Utah History Day program affiliated with National History Day, which includes
a series of regional, state, and national activities and competitions for students from grades 4
through 12;
[
(i)
] 
(h) subject to legislative appropriations,
 provide grants and technical assistance as
necessary and appropriate; [
and
]
(i) administer educational programs in partnership with public and private entities in
the state; and
(j) comply with the procedures and requirements of Title 63G, Chapter 4,
Administrative Procedures Act, in adjudicative proceedings.
(2) 
(a)
 The [
division
] 
society
 may acquire or produce reproductions of historical
artifacts and documentary materials for educational and cultural use.
(b) The society may only deaccession an item described in Subsection (2)(a) in
accordance with rules made by the division in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(c) An item that is to be deaccessioned in accordance with society rule is not state
surplus property as that term is defined in Section 
63A-2-101.5
, and the society is not subject
to the surplus property program described in Section 
63A-2-401
 for that item.
(3) To promote an appreciation of Utah history and to increase heritage tourism in the
state, the [
division
] 
society
 shall:
(a) (i) create and maintain an inventory of all historic markers and monuments that are
accessible to the public throughout the state;
(ii) enter into cooperative agreements with other groups and organizations to collect
and maintain the information needed for the inventory;
(iii) encourage the use of volunteers to help collect the information and to maintain the
inventory;
(iv) publicize the information in the inventory in a variety of forms and media,
especially to encourage Utah citizens and tourists to visit the markers and monuments;
(v) work with public and private landowners, heritage organizations, and volunteer
groups to help maintain, repair, and landscape around the markers and monuments; and
(vi) make the inventory available upon request to all other public and private history
and heritage organizations, tourism organizations and businesses, and others;
(b) (i) create and maintain an inventory of all active and inactive cemeteries throughout
the state;
(ii) enter into cooperative agreements with local governments and other groups and
organizations to collect and maintain the information needed for the inventory;
(iii) encourage the use of volunteers to help collect the information and to maintain the
inventory;
(iv) encourage cemetery owners to create and maintain geographic information systems
to record burial sites and encourage volunteers to do so for inactive and small historic
cemeteries;
(v) publicize the information in the inventory in a variety of forms and media,
especially to encourage Utah citizens to participate in the care and upkeep of historic
cemeteries;
(vi) work with public and private cemeteries, heritage organizations, genealogical
groups, and volunteer groups to help maintain, repair, and landscape cemeteries, grave sites,
and tombstones; and
(vii) make the inventory available upon request to all other public and private history
and heritage organizations, tourism organizations and businesses, and others; and
(c) (i) create and maintain a computerized record of cemeteries and burial locations in a
state-coordinated and publicly accessible information system;
(ii) gather information for the information system created and maintained under
Subsection (3)(c)(i) and help maintain, repair, and landscape cemeteries, grave sites, and
tombstones as described in Subsection (3)(b)(vi) by providing matching grants, upon approval
by the board, to:
(A) municipal cemeteries;
(B) cemetery maintenance districts;
(C) endowment care cemeteries;
(D) private nonprofit cemeteries;
(E) genealogical associations; and
(F) other nonprofit groups with an interest in cemeteries; and
(iii) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, for granting matching funds under Subsection (3)(c)(ii) to ensure that:
(A) professional standards are met; and
(B) projects are cost effective.
(4) This chapter may not be construed to authorize the [
division
] 
society
 to acquire by
purchase any historical artifacts, documentary materials, or specimens that are restricted from
sale by federal law or the laws of any state, territory, or foreign nation.
Section 13. 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, who
are persons with an interest in the subject matter of the [
division's
] 
society'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 14. 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)
] 
(a)
 make policies to direct the [
division
] director in carrying out the director's
duties;
[
(ii)
] 
(b)
 approve the [
division's
] 
society's
 rules; 
and
[
(iii)
] 
(c)
 [
assist the division in development
] 
make recommendations to the society for
the development of
 programs consistent with this chapter[
; and
]
.
[
(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
] 
subcommittees
 to assist the board,
the office, and the [
division
] 
society
 in carrying out the responsibilities under this chapter.
Section 15. Section 
9-8-206
 is amended to read:
9-8-206.
Historical magazine, books, documents, and microfilms -- Proceeds.
(1) The [
division
] 
society
 shall, under the direction of the board:
(a) compile and publish an historical magazine to be furnished to supporting members
of the society in accordance with membership subscriptions or to be sold independently of
membership; and
(b) publish and sell other books, documents, and microfilms at reasonable prices to be
approved by the director.
(2) Proceeds from sales under this section shall be deposited into the General Fund as a
dedicated credit.
Section 16. Section 
9-8-207
 is amended to read:
9-8-207.
Donations -- Accounting.
[
(1) (a) There is created the Utah State Historical Society.
]
[
(b)
]
(1)
 The society may:
[
(i)
] 
(a)
 solicit memberships from persons interested in the work of the society and
charge dues for memberships commensurate with the advantages of membership and the needs
of the society; and
[
(ii)
] 
(b)
 receive gifts, donations, bequests, devises, and endowments of money or
property, which shall then become the property of the state of Utah.
(2) (a) If the donor directs that money or property donated under Subsection [
(1)(b)(ii)
]
(1)(b)
 be used in a specified manner, then the [
division
] 
society
 shall use [
it
] 
the money or
property
 in accordance with [
these
] 
the specified
 directions.
(b)
 [
Otherwise
] 
Except as provided in Subsection (2)(a)
, all donated money and the
proceeds from donated property, together with the charges realized from society memberships,
shall be deposited in the General Fund as restricted revenue of the society.
[
(b)
] 
(c)
 Funds received from donations to the society under Section 
41-1a-422
 shall be
deposited into the General Fund as a dedicated credit to achieve the mission and purpose of the
society.
[
(3) The division shall keep a correct account of funds and property received, held, or
disbursed by the society, and shall make reports to the governor as in the case of other state
institutions.
]
Section 17. Section 
9-8-209
 is enacted to read:
 9-8-209.
Museum of Utah -- Creation -- Duties.
(1) There is created within the society the Museum of Utah under the administration
and supervision of the director or the designee of the director.
(2) The Museum of Utah shall:
(a) function as an educational outlet for the society to educate the public on Utah
history and culture;
(b) support the efforts of museums, historical organizations, and other cultural
organizations in the state to promote and preserve Utah history and culture;
(c) serve as a repository of historical artifacts acquired by the department;
(d) stimulate research, study, and activity in the field of Utah history, museum studies,
and related fields of study;
(e) exhibit collections to the public on a regular schedule;
(f) facilitate strategic partnerships to advance the development of museums, historical
organizations, and other cultural organizations in the state; and
(g) establish and coordinate best practices among museum professionals and volunteers
in the state.
Section 18. Section 
9-8-701
 is amended to read:
9-8-701.
Definitions.
As used in this part:
[
(1) "Board" means the Board of State History.
]
[
(2) "Division" means the Division of State History.
]
[
(3)
] 
(1)
 "Endowment fund" means any history endowment fund created under this part
by a qualifying organization.
[
(4)
] 
(2)
 "Qualifying organization" means any Utah nonprofit history organization or
local government 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.
Section 19. Section 
9-8-704
 is amended to read:
9-8-704.
Society duties.
The [
division
] 
society
 shall, according to policy established by the board:
(1) allocate money from funds made available for that purpose to the endowment fund
created by a qualifying organization under Section 
9-8-703
;
(2) determine the eligibility of each qualifying organization to receive money from
funds made available for that purpose into the endowment fund of the qualifying organization;
(3) determine the matching amount each qualifying organization must raise in order to
qualify to receive money from funds made available for that purpose;
(4) establish a date by which each qualifying organization must provide the qualifying
organization's matching funds;
(5) verify that matching funds have been provided by each qualifying organization by
the date determined in Subsection (4); and
(6) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules establishing criteria for determining the eligibility of qualifying organizations to
receive money from funds made available for that purpose.
Section 20. Section 
9-8-705
 is amended to read:
9-8-705.
Eligibility requirements of qualifying history organizations -- Allocation
limitations -- Matching requirements.
(1) A qualifying organization may apply to receive money from funds made available
for that purpose to be deposited into an endowment fund created under Section 
9-8-703
 if the
qualifying organization has:
(a) received a grant from the [
division
] 
society
 during one of the three years
immediately before making application for money under this Subsection (1); or
(b) not received a grant from the [
division
] 
society
 within the past three years, the
qualifying organization may receive a grant upon approval by the [
division
] 
society
 according
to policy of the board.
(2) (a) The maximum amount that may be allocated to each qualifying organization
from funds made available for that purpose shall be determined by the [
division
] 
society
 in a
format to be developed in consultation with the board.
(b) The minimum amount that may be allocated to each qualifying organization from
funds made available for that purpose is $2,500.
(3) (a) After the [
division
] 
society
 determines that a qualifying organization is eligible
to receive money from funds made available for that purpose and before any money is allocated
to the qualifying organization from available funds, the qualifying organization shall match the
amount qualified for by money raised and designated exclusively for that purpose.
(b) State money and in-kind contributions may not be used to match money from funds
made available for that purpose.
(4) Endowment match money shall be based on a sliding scale as follows:
(a) amounts requested up to $20,000 shall be matched one-to-one;
(b) any additional amount requested that makes the aggregate amount requested exceed
$20,000 but not exceed $50,000 shall be matched two-to-one; and
(c) any additional amount requested that makes the aggregate amount requested exceed
$50,000 shall be matched three-to-one.
(5) (a) Qualifying organizations shall raise the matching amount by a date determined
by the board.
(b) (i) Money from funds made available for that purpose shall be released to the
qualifying organization upon verification by the [
division
] 
society
 that the matching money has
been received on or before the date determined under Subsection (5)(a).
(ii) Verification of matching funds shall be made by a certified public accountant.
(c) Money from funds made available for that purpose shall be released to qualifying
organizations with professional endowment management in increments of at least $2,500 as
audited confirmation of matching funds is received by the board.
(d) Money from funds made available for that purpose shall be granted to each
qualifying organization on the basis of the matching funds the qualifying organization has
raised by the date determined under Subsection (5)(a).
Section 21. Section 
9-8-707
 is amended to read:
9-8-707.
Spending restrictions -- Return of endowment.
(1) A qualifying organization that has received endowment money from funds made
available for that purpose:
(a) may not expend the money or the required matching money in the endowment fund;
and
(b) may expend the interest income earned on the money in the endowment fund.
(2) If a qualifying organization expends money in violation of Subsection (1), the
qualifying organization shall return the amount of money allocated by the [
division
] 
society
under this part to the Division of Finance.
Section 22. Section 
9-8-708
 is amended to read:
9-8-708.
Federal match.
Funds allocated by the [
division
] 
society
 under this part to enable qualifying
organizations to create their own endowment funds may be construed as a state match for any
history funding from the federal government that may be provided.
Section 23. Section 
9-8a-101
, which is renumbered from Section 9-8-901 is
renumbered and amended to read:
CHAPTER 8a. STATE HISTORIC PRESERVATION OFFICE
Part 1. General Provisions
[
9-8-901
].
 9-8a-101.
Definitions.
As used in this [
part and in Section 
9-8-205
] 
chapter
:
(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
] 
9-8a-204
.
(3) "Office" means the State Historic Preservation Office created in Section [
9-8-902
]
9-8a-201
.
(4) "Officer" means the state historic preservation officer, appointed in accordance
with Section [
9-8-903
] 
9-8a-202
.
Section 24. Section 
9-8a-201
, which is renumbered from Section 9-8-902 is
renumbered and amended to read:
Part 2. State Historic Preservation Office
[
9-8-902
].
 9-8a-201.
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 25. Section 
9-8a-202
, which is renumbered from Section 9-8-903 is
renumbered and amended to read:
[
9-8-903
].
 9-8a-202.
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 26. Section 
9-8a-203
, which is renumbered from Section 9-8-904 is
renumbered and amended to read:
[
9-8-904
].
 9-8a-203.
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 27. Section 
9-8a-204
, which is renumbered from Section 9-8-905 is
renumbered and amended to read:
[
9-8-905
].
 9-8a-204.
National Register Review Committee.
(1) There is created the National Register Review Committee.
(2) The committee shall be composed of [
seven
] 
nine
 members, at least [
four
] 
five
 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.
Section 28. Section 
9-8a-205
, which is renumbered from Section 9-8-208 is
renumbered and amended to read:
[
9-8-208
].
 9-8a-205.
Cultural Site Stewardship Program -- Definitions --
Creation -- Objectives -- Administration -- Activities.
(1) As used in this section:
(a) (i) "Cultural site" means a significant archaeological or paleontological site in the
state as determined by the [
division
] 
office
.
(ii) "Cultural site" may include a:
(A) site as defined in Section [
9-8-302
] 
9-8a-302
; and
(B) site as defined in Section 
79-3-102
.
(b) "Stewardship program" means the Cultural Site Stewardship Program created in
this section.
(c) "Vandalism" means to damage, destroy, or commit any other act that defaces or
harms a cultural site without the consent of the owner or appropriate governmental agency,
including inscribing, marking, etching, scratching, drawing, painting on, or affixing to the
cultural resource a mark, figure, or design.
(2) There is created within the [
division
] 
office
 the Cultural Site Stewardship Program.
(3) The [
division
] 
office
 shall seek to accomplish the following objectives through
administration of the stewardship program:
(a) protect cultural sites located in the state;
(b) increase public awareness of the significance and value of cultural sites and the
damage done to cultural sites by vandalism;
(c) discourage vandalism and the unlawful sale and trade of archaeological artifacts
and paleontological artifacts;
(d) support and encourage improved standards for investigating and researching
cultural sites in the state;
(e) promote cooperation among governmental agencies, private landowners, Native
American tribes, industry groups, and interested persons to protect cultural sites; and
(f) increase the inventory of cultural sites maintained in accordance with Subsections
[
9-8-304
(2)(b)
] 
9-8a-304
(2)(b)
 and 
79-3-202
(1)(m).
(4) The [
division
] 
office
 shall:
(a) maintain a position to oversee the operation of the stewardship program; and
(b) provide administrative services to the stewardship program.
(5) The [
division
] 
office
 shall select, train, and certify volunteers to participate in the
stewardship program, based on rules made by the [
division
] 
office
 in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(6) To accomplish the stewardship program's objectives, the [
division
] 
office
 shall:
(a) enter into agreements with the entities described in Subsection (3)(e) to promote the
protection of cultural sites;
(b) establish a list of cultural sites suitable for monitoring, in cooperation with the
entities described in Subsection (3)(e);
(c) schedule periodic monitoring activities by volunteers of each cultural site included
on the list described in Subsection (6)(b), after obtaining approval of the landowner or
manager;
(d) establish rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, for reporting vandalism of a cultural site to the appropriate authority; and
(e) establish programs for educating members of the public about the significance and
value of cultural sites and the loss to members of the public resulting from vandalism of
cultural sites.
(7) The [
division
] 
office
 shall coordinate the activities of governmental agencies,
private landowners, and Native American tribes, as necessary, to carry out the stewardship
program.
(8) A volunteer participating in the stewardship program may not receive
compensation, benefits, per diem allowance, or travel expenses for the volunteer's service.
(9) The [
division
] 
office
 may accept gifts, grants, donations, or contributions from any
source to assist the division in the administration of the stewardship program.
(10) Nothing in this section may be construed to alter or affect the [
division's
] 
office's
duties under Section [
9-8-404
] 
9-8a-404
.
Section 29. Section 
9-8a-301
, which is renumbered from Section 9-8-301 is
renumbered and amended to read:
Part 3. Antiquities
[
9-8-301
].
 9-8a-301.
Purpose.
(1) The Legislature declares that the general public and the beneficiaries of the school
and institutional land grants have an interest in the preservation and protection of the state's
archaeological and anthropological resources and a right to the knowledge derived and gained
from scientific study of those resources.
(2) (a) The Legislature finds that policies and procedures for the survey and excavation
of archaeological resources from school and institutional trust lands are consistent with the
school and institutional land grants, if these policies and procedures insure that primary
consideration is given, on a site or project specific basis, to the purpose of support for the
beneficiaries of the school and institutional land grants.
(b) The Legislature finds that the preservation, placement in a repository, curation, and
exhibition of specimens found on school or institutional trust lands for scientific and
educational purposes is consistent with the school and institutional land grants.
(c) The Legislature finds that the preservation and development of sites found on
school or institutional trust lands for scientific or educational purposes, or the disposition of
sites found on school or institutional trust lands, after consultation between the [
division
] 
office
and the School and Institutional Trust Lands Administration to determine the appropriate level
of data recovery or implementation of other appropriate preservation measures, for
preservation, development, or economic purposes, is consistent with the school and
institutional land grants.
(d) The Legislature declares that specimens found on lands owned or controlled by the
state or its subdivisions may not be sold.
(3) The Legislature declares that the historical preservation purposes of this chapter
must be kept in balance with the other uses of land and natural resources which benefit the
health and welfare of the state's citizens.
(4) It is the purpose of this part and Part 4, Historic Sites, to provide that the survey,
excavation, curation, study, and exhibition of the state's archaeological and anthropological
resources be undertaken in a coordinated, professional, and organized manner for the general
welfare of the public and beneficiaries alike.
Section 30. Section 
9-8a-302
, which is renumbered from Section 9-8-302 is
renumbered and amended to read:
[
9-8-302
].
 9-8a-302.
Definitions.
As used in this part and Part 4, Historic Sites:
(1) "Agency" means a department, division, office, bureau, board, commission, or
other administrative unit of the state.
(2) "Ancient human remains" means all or part of the following that are historic or
prehistoric:
(a) a physical individual; and
(b) any object on or attached to the physical individual that is placed on or attached to
the physical individual as part of the death rite or ceremony of a culture.
(3) "Antiquities Section" means the Antiquities Section of the [
Division of State
History
] 
office
 created in Section [
9-8-304
] 
9-8a-304
.
(4) "Archaeological resources" means all material remains and their associations,
recoverable or discoverable through excavation or survey, that provide information pertaining
to the historic or prehistoric peoples of the state.
(5) "Collection" means a specimen and the associated records documenting the
specimen and [
its
] 
the specimen's
 recovery.
(6) "Curation" means management and care of collections according to standard
professional museum practice, which may include inventorying, accessioning, labeling,
cataloging, identifying, evaluating, documenting, storing, maintaining, periodically inspecting,
cleaning, stabilizing, conserving, exhibiting, exchanging, or otherwise disposing of original
collections or reproductions, and providing access to and facilities for studying collections.
(7) "Curation facility" means the same as that term is defined in Section 
53B-17-603
.
[
(8) "Division" means the Division of State History created in Section 
9-8-201
.
]
[
(9)
] 
(8)
 "Excavate" means the recovery of archaeological resources.
[
(10)
] 
(9)
 "Historic property" means any prehistoric or historic district, site, building,
structure, or specimen included in, or eligible for inclusion in, the National Register of Historic
Places or the State Register.
[
(11)
] 
(10)
 "Indian tribe" means a tribe, band, nation, or other organized group or
community of Indians that is recognized as eligible for the special programs and services
provided by the United States to Indians because of their status as Indians.
[
(12)
] 
(11)
 "Museum" means the Utah Museum of Natural History.
[
(13)
] 
(12)
 (a) "Nonfederal land" means land in the state that is not owned, controlled,
or held in trust by the federal government.
(b) "Nonfederal land" includes:
(i) land owned or controlled by:
(A) the state;
(B) a county, city, or town;
(C) an Indian tribe, if the land is not held in trust by the United States for the Indian
tribe or the Indian tribe's members; or
(D) a person other than the federal government; or
(ii) school and institutional trust lands.
[
(14)
] 
(13)
 "Principal investigator" means the individual with overall administrative
responsibility for the survey or excavation project authorized by the permit.
[
(15)
] 
(14)
 "Repository" means the same as that term is defined in Section 
53B-17-603
.
[
(16)
] 
(15)
 "School and institutional trust lands" are those properties defined in Section
53C-1-103
.
[
(17)
] 
(16)
 "Site" means any petroglyphs, pictographs, structural remains, or
geographic location that is the source of archaeological resources or specimens.
[
(18)
] 
(17)
 "Specimen" means all man-made artifacts and remains of an archaeological
or anthropological nature found on or below the surface of the earth, excluding structural
remains.
[
(19) "State historic preservation officer" means that position mentioned in 54 U.S.C.
Sec. 302303, as amended.
]
[
(20)
] 
(18)
 (a) "State land" means land owned by the state including the state's:
(i) legislative and judicial branches;
(ii) departments, divisions, agencies, boards, commissions, councils, and committees;
and
(iii) institutions of higher education as defined under Section 
53B-3-102
.
(b) "State land" does not include:
(i) land owned by a political subdivision of the state;
(ii) land owned by a school district;
(iii) private land; or
(iv) school and institutional trust lands.
[
(21)
] 
(19)
 "Survey" means a surface investigation for archaeological resources that
may include:
(a) insubstantial surface collection of archaeological resources; and
(b) limited subsurface testing that disturbs no more of a site than is necessary to
determine the nature and extent of the archaeological resources or whether the site is a historic
property.
Section 31. Section 
9-8a-304
, which is renumbered from Section 9-8-304 is
renumbered and amended to read:
[
9-8-304
].
 9-8a-304.
Antiquities Section created -- Duties.
(1) There is created within the [
division
] 
office
 the Antiquities Section.
(2) The Antiquities Section shall:
(a) promote research, study, and activities in the field of antiquities;
(b) assist with the marking, protection, and preservation of sites;
(c) assist with the collection, preservation, and administration of specimens until the
specimens are placed in a repository or curation facility;
(d) provide advice on the protection and orderly development of archaeological
resources, and in doing so confer with the Public Lands Policy Coordinating Office if
requested;
(e) assist with the excavation, retrieval, and proper care of ancient human remains
discovered on nonfederal lands in accordance with:
(i) Section [
9-8-309
] 
9-8a-309
;
(ii) Section 
9-9-403
;
(iii) Subsection 
76-9-704
(3); and
(iv) federal law;
(f) collect and administer site survey and excavation records;
(g) edit and publish antiquities records;
(h) inform the [
state historic preservation
] officer in writing about any request for
advice or consultation from an agency or an agency's agent; and
(i) employ an archaeologist meeting the requirements of 36 C.F.R. 61.4.
(3) The Antiquities Section shall cooperate with local, state, and federal agencies and
all interested persons to achieve the purposes of this part and Part 4, Historic Sites.
(4) Before performing the duties specified in Subsections (2)(a) through (e), the
Antiquities Section shall obtain permission from the landowner.
Section 32. Section 
9-8a-305
, which is renumbered from Section 9-8-305 is
renumbered and amended to read:
[
9-8-305
].
 9-8a-305.
Permit required to survey or excavate on state lands --
Public Lands Policy Coordinating Office to issue permits and make rules -- Ownership of
collections and resources -- Revocation or suspension of permits -- Criminal penalties.
(1) (a) Except as provided by Subsections (1)(d) and (3)(c), each principal investigator
who wishes to survey or excavate on any lands owned or controlled by the state, its political
subdivisions, or by the School and Institutional Trust Lands Administration shall obtain a
survey or excavation permit from the Public Lands Policy Coordinating Office.
(b) A principal investigator who holds a valid permit under this section may allow
other individuals to assist the principal investigator in a survey or excavation if the principal
investigator ensures that all the individuals comply with the law, the rules, the permit, and the
appropriate professional standards.
(c) A person, other than a principal investigator, may not survey or excavate on any
lands owned or controlled by the state, its political subdivisions, or by the School and
Institutional Trust Lands Administration unless the person works under the direction of a
principal investigator who holds a valid permit.
(d) A permit obtained before July 1, 2006
,
 shall continue until the permit terminates on
its own terms.
(2) (a) To obtain a survey permit, a principal investigator shall:
(i) submit a permit application on a form furnished by the Public Lands Policy
Coordinating Office;
(ii) except as provided in Subsection (2)(b), possess a graduate degree in anthropology,
archaeology, or history;
(iii) have one year of full-time professional experience or equivalent specialized
training in archaeological research, administration, or management; and
(iv) have one year of supervised field and analytical experience in Utah prehistoric or
historic archaeology.
(b) In lieu of the graduate degree required by Subsection (2)(a)(ii), a principal
investigator may submit evidence of training and experience equivalent to a graduate degree.
(c) Unless the permit is revoked or suspended, a survey permit is valid for the time
period specified in the permit by the Public Lands Policy Coordinating Office, which may not
exceed three years.
(3) (a) Except as provided by Subsection (3)(c), to obtain an excavation permit, a
principal investigator shall, in addition to complying with Subsection (2)(a), submit:
(i) a research design to the Public Lands Policy Coordinating Office and the Antiquities
Section that:
(A) states the questions to be addressed;
(B) states the reasons for conducting the work;
(C) defines the methods to be used;
(D) describes the analysis to be performed;
(E) outlines the expected results and the plan for reporting;
(F) evaluates expected contributions of the proposed work to archaeological or
anthropological science; and
(G) estimates the cost and the time of the work that the principal investigator believes
is necessary to provide the maximum amount of historic, scientific, archaeological,
anthropological, and educational information; and
(ii) proof of permission from the landowner to enter the property for the purposes of
the permit.
(b) An excavation permit is valid for the amount of time specified in the permit, unless
the permit is revoked according to Subsection (9).
(c) The Public Lands Policy Coordinating Office may delegate to an agency the
authority to issue excavation permits if the agency:
(i) requests the delegation; and
(ii) employs or has a long-term contract with a principal investigator with a valid
survey permit.
(d) The Public Lands Policy Coordinating Office shall conduct an independent review
of the delegation authorized by Subsection (3)(c) every three years and may revoke the
delegation at any time without cause.
(4) The Public Lands Policy Coordinating Office shall:
(a) grant a survey permit to a principal investigator who meets the requirements of this
section; and
(b) grant an excavation permit to a principal investigator after approving, in
consultation with the Antiquities Section, the research design for the project.
(5) By following the procedures and requirements of Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, the Public Lands Policy Coordinating Office shall, after
consulting with the Antiquities Section, make rules to:
(a) establish survey methodology;
(b) standardize report and data preparation and submission;
(c) require other permit application information that the Public Lands Policy
Coordinating Office finds necessary, including proof of consultation with the appropriate
Native American tribe;
(d) establish what training and experience is equivalent to a graduate degree;
(e) establish requirements for a person authorized by Subsection (1)(b) to assist the
principal investigator;
(f) establish requirements for a principal investigator's employer, if applicable; and
(g) establish criteria that, if met, would allow the Public Lands Policy Coordinating
Office to reinstate a suspended permit.
(6) Each principal investigator shall submit a summary report of the work for each
project to the Antiquities Section in a form prescribed by a rule established under Subsection
(5)(b), which shall include copies of all:
(a) site forms;
(b) data;
(c) maps;
(d) drawings;
(e) photographs; and
(f) descriptions of specimens.
(7) (a) Except as provided in Subsection (7)(c), a person may not remove from Utah
any specimen, site, or portion of any site from lands owned or controlled by the state or its
political subdivisions, other than school and institutional trust lands, without permission from
the Antiquities Section, and prior consultation with the landowner and any other agencies
managing other interests in the land.
(b) Except as provided in Subsection (7)(c), a person may not remove from Utah any
specimen, site, or portion of any site from school and institutional trust lands without
permission from the School and Institutional Trust Lands Administration, granted after
consultation with the Antiquities Section.
(c) If a specimen, site, or portion of a site is placed in a repository or curation facility, a
person may remove it by following the procedures established by the repository or curation
facility.
(8) (a) Collections recovered from school and institutional trust lands are owned by the
respective trust.
(b) Collections recovered from lands owned or controlled by the state or its
subdivisions, other than school and institutional trust lands, are owned by the state.
(c) Within a reasonable time after the completion of fieldwork, each permit holder
shall deposit all collections at the museum, a curation facility, or a repository.
(d) The repository or curation facility for collections from lands owned or controlled by
the state or its subdivisions shall be designated according to the rules made under the authority
of Section 
53B-17-603
.
(9) (a) Upon complaint by an agency, the Public Lands Policy Coordinating Office
shall investigate a principal investigator and the work conducted under a permit.
(b) By following the procedures and requirements of Title 63G, Chapter 4,
Administrative Procedures Act, the Public Lands Policy Coordinating Office may revoke or
suspend a permit if the principal investigator fails to conduct a survey or excavation according
to law, the rules enacted by the Public Lands Policy Coordinating Office, or permit provisions.
(10) (a) Any person violating this section is guilty of a class B misdemeanor.
(b) A person convicted of violating this section, or found to have violated the rules
authorized by this section, shall, in addition to any other penalties imposed, forfeit all
archaeological resources discovered by or through the person's efforts to the state or the
respective trust.
(11) The [
division
] 
office
 may enter into memoranda of agreement to issue project
numbers or to retain other data for federal lands or Native American lands within the state.
Section 33. Section 
9-8a-306
, which is renumbered from Section 9-8-306 is
renumbered and amended to read:
[
9-8-306
].
 9-8a-306.
Archaeological or anthropological landmarks.
(1) Sites of significance may be recommended to and approved by the board as state
archaeological or anthropological landmarks. No privately owned site or site on school or
institutional trust lands may be so designated without the written consent of the owner.
(2) A person may not excavate upon a privately owned designated landmark without a
permit from the [
division
] 
office
.
(3) Before any alteration is commenced on a designated landmark, three months' notice
of intent to alter the site shall be [
given the division
] 
provided to the office
.
Section 34. Section 
9-8a-307
, which is renumbered from Section 9-8-307 is
renumbered and amended to read:
[
9-8-307
].
 9-8a-307.
Report of discovery on state or private lands.
(1) Any person who discovers any archaeological resources on lands owned or
controlled by the state or its subdivisions shall promptly report the discovery to the [
division
]
office
.
(2) Any person who discovers any archaeological resources on privately owned lands
shall promptly report the discovery to the [
division
] 
office
.
(3) Field investigations shall be discouraged except in accordance with this part and
Part 4, Historic Sites.
(4) Nothing in this section may be construed to authorize any person to survey or
excavate for archaeological resources.
Section 35. Section 
9-8a-308
, which is renumbered from Section 9-8-308 is
renumbered and amended to read:
[
9-8-308
].
 9-8a-308.
Forgery or false labeling of specimens unlawful.
It is unlawful to reproduce, rework, or forge any specimen or make any object, whether
copied or not, or falsely label, describe, identify, or offer for sale or exchange any object, with
intent to represent it as an original and genuine specimen. No person may offer for sale or
other exchange any object with knowledge that it was collected or excavated in violation of this
part.
Section 36. Section 
9-8a-309
, which is renumbered from Section 9-8-309 is
renumbered and amended to read:
[
9-8-309
].
 9-8a-309.
Ancient human remains on nonfederal lands that are not
state lands.
(1) [
(a) After April 30, 2007, if
] 
If
 a person knows or has reason to know that the
person discovered ancient human remains on nonfederal land that is not state land:
[
(i)
] 
(a)
 the person shall:
[
(A)
] 
(i)
 cease activity in the area of the discovery until activity may be resumed in
accordance with Subsection [
(1)(d)
] 
(1)(e)
;
[
(B)
] 
(ii)
 notify a local law enforcement agency in accordance with Section 
76-9-704
;
and
[
(C)
] 
(iii)
 notify the person who owns or controls the nonfederal land, if that person is
different than the person who discovers the ancient human remains; and
[
(ii)
] 
(b)
 the person who owns or controls the nonfederal land shall:
[
(A)
] 
(i)
 require that activity in the area of the discovery cease until activity may be
resumed in accordance with Subsection [
(1)(d)
] 
(1)(e)
; and
[
(B)
] 
(ii)
 make a reasonable effort to protect the discovered ancient human remains
before activity may be resumed in accordance with Subsection [
(1)(d)
] 
(1)(e)
.
[
(b)
] 
(c)
 (i) If the local law enforcement agency believes after being notified under this
Subsection (1) that a person may have discovered ancient human remains, the local law
enforcement agency shall contact the Antiquities Section.
(ii) The Antiquities Section shall:
(A) within two business days of the day on which the Antiquities Section is notified by
local law enforcement, notify the landowner that the Antiquities Section may excavate and
retrieve the human remains with the landowner's permission; and
(B) if the landowner gives the landowner's permission, excavate the human remains by
no later than:
(I) five business days from the day on which the Antiquities Section obtains the
permission of the landowner under this Subsection (1); or
(II) if extraordinary circumstances exist as provided in Subsection [
(1)(c)
] 
(1)(d)
,
within the time period designated by the director not to exceed 30 days from the day on which
the Antiquities Section obtains the permission of the landowner under this Subsection (1).
[
(c)
] 
(d)
 (i) The director may grant the Antiquities Section an extension of time for
excavation and retrieval of ancient human remains not to exceed 30 days from the day on
which the Antiquities Section obtains the permission of the landowner under this Subsection
(1), if the director determines that extraordinary circumstances exist on the basis of objective
criteria such as:
(A) the unusual scope of the ancient human remains;
(B) the complexity or difficulty of excavation or retrieval of the ancient human
remains; or
(C) the landowner's concerns related to the excavation or retrieval of the ancient human
remains.
(ii) If the landowner objects to the time period designated by the director, the
landowner may appeal the decision to the executive director of the department in writing.
(iii) If the executive director receives an appeal from the landowner under this
Subsection [
(1)(c)
] 
(1)(d)
, the executive director shall:
(A) decide on the appeal within two business days; and
(B) (I) uphold the decision of the director; or
(II) designate a shorter time period than the director designated for the excavation and
retrieval of the ancient human remains.
(iv) An appeal under this Subsection [
(1)(c)
] 
(1)(d)
 may not be the cause for the delay
of the excavation and retrieval of the ancient human remains.
(v) A decision and appeal under this Subsection [
(1)(c)
] 
(1)(d)
 is exempt from Title
63G, Chapter 4, Administrative Procedures Act.
[
(d)
] 
(e)
 A person that owns or controls nonfederal land that is not state land may
engage in or permit others to engage in activities in the area of the discovery without violating
this part or Section 
76-9-704
 if once notified of the discovery of ancient human remains on the
nonfederal land, the person:
(i) consents to the Antiquities Section excavating and retrieving the ancient human
remains; and
(ii) engages in or permits others to engage in activities in the area of the discovery only
after:
(A) the day on which the Antiquities Section removes the ancient human remains from
the nonfederal land; or
(B) the time period described in Subsection [
(1)(b)(ii)(B)
] 
(1)(c)(ii)(B)
.
(2) A person that owns or controls nonfederal land that is not state land may not be
required to pay any costs incurred by the state associated with the ancient human remains,
including costs associated with the costs of the:
(a) discovery of ancient human remains;
(b) excavation or retrieval of ancient human remains; or
(c) determination of ownership or disposition of ancient human remains.
(3) For nonfederal land that is not state land, nothing in this section limits or prohibits
the Antiquities Section and a person who owns or controls the nonfederal land from entering
into an agreement addressing the ancient human remains that allows for different terms than
those provided in this section.
(4) The ownership and control of ancient human remains that are the ancient human
remains of a Native American shall be determined in accordance with Chapter 9, Part 4, Native
American Grave Protection and Repatriation Act:
(a) if the ancient human remains are in possession of the state;
(b) if the ancient human remains are not known to have been discovered on lands
owned, controlled, or held in trust by the federal government; and
(c) regardless of when the ancient human remains are discovered.
(5) This section:
(a) does not apply to ancient human remains that are subject to the provisions and
procedures of:
(i) federal law; or
(ii) Part 4, Historic Sites; and
(b) does not modify any property rights of a person that owns or controls nonfederal
land except as to the ownership of the ancient human remains.
(6) The [
division
] 
office
, Antiquities Section, or Division of Indian Affairs may not
make rules that impose any requirement on a person who discovers ancient human remains or
who owns or controls nonfederal land that is not state land on which ancient human remains
are discovered that is not expressly provided for in this section.
Section 37. Section 
9-8a-401
, which is renumbered from Section 9-8-401 is
renumbered and amended to read:
Part 4. Historic Sites
[
9-8-401
].
 9-8a-401.
Purpose.
The Legislature determines and declares that the public has a vital interest in all
antiquities, historic and prehistoric ruins, and historic sites, buildings, and objects which, when
neglected, desecrated, destroyed or diminished in aesthetic value, result in an irreplaceable loss
to the people of this state.
Section 38. Section 
9-8a-402
, which is renumbered from Section 9-8-402 is
renumbered and amended to read:
[
9-8-402
].
 9-8a-402.
Definitions -- Office duties.
(1) In addition to the definitions described in Section [
9-8-302
] 
9-8a-302
, as used in
this part:
(a) "Effect" means an alteration to one or more characteristics of a historic property
that qualify the historic property for inclusion in, or that make the historic property eligible for
inclusion in, the National Register of Historic Places.
(b) "Historic property" means any historic or prehistoric district, site, building,
structure, or object that is at least 50 years old and that is included in, or that is eligible for
inclusion in, the National Register of Historic Places.
(c) "State register" means a register of cultural sites and localities, historic and
prehistoric sites, and districts, buildings, and objects significant in Utah history.
(d) "Undertaking" means a project, activity, or program funded in whole or in part
under the direct or indirect jurisdiction of a state agency, including a project, activity, or
program:
(i) carried out by or on behalf of a state agency;
(ii) carried out with financial assistance from the state; or
(iii) that requires a state permit, license, or approval.
(2) The [
division
] 
office
 shall:
(a) constitute the historic preservation agency for this state;
(b) establish a state register for the orderly identification and recognition of the state's
cultural resources; and
(c) provide for participation in the National Historic Preservation Program.
Section 39. Section 
9-8a-403
, which is renumbered from Section 9-8-403 is
renumbered and amended to read:
[
9-8-403
].
 9-8a-403.
Placement on State or National Register.
The board shall notify owners of sites, buildings, structures, or objects before placing
those sites, buildings, structures, or objects on the State Register or nominating them to the
National Register.
Section 40. Section 
9-8a-404
, which is renumbered from Section 9-8-404 is
renumbered and amended to read:
[
9-8-404
].
 9-8a-404.
Agency responsibilities -- State historic preservation
officer to comment on undertaking -- Public Lands Policy Coordinating Office may
require joint analysis.
(1) (a) Before 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 41. Section 
9-8a-405
, which is renumbered from Section 9-8-405 is
renumbered and amended to read:
[
9-8-405
].
 9-8a-405.
Federal funds -- Agreements on standards and
procedures.
By following the procedures and requirements of Title 63J, Chapter 5, Federal Funds
Procedures Act, the [
division
] 
office
 may accept and administer federal funds provided under
the provisions of the National Historic Preservation Act of 1966, the Land and Water
Conservation Act as amended, and subsequent legislation directed toward the encouragement
of historic preservation, and to enter into those agreements on professional standards and
procedures required by participation in the National Historic Preservation Act of 1966 and the
National Register Office.
Section 42. Section 
9-8a-502
, which is renumbered from Section 9-8-502 is
renumbered and amended to read:
Part 5. Historical Preservation Act
[
9-8-502
].
 9-8a-502.
Legislative finding.
The Legislature finds and declares that preservation and restoration of historically
significant real property and structures as identified by the State Register of Historic Sites are
in the public interest of the people of the state of Utah and should be promoted by the laws of
this state.
Section 43. Section 
9-8a-503
, which is renumbered from Section 9-8-503 is
renumbered and amended to read:
[
9-8-503
].
 9-8a-503.
Preservation easement.
Any owner of a fee simple interest in real property may convey, and any other party
entitled to own real property interests may accept, a preservation easement pertaining to the
real property if the real property possesses historical value that will be enhanced or preserved
by the terms of the easement regarding restoration or preservation of the real property.
Section 44. Section 
9-8a-504
, which is renumbered from Section 9-8-504 is
renumbered and amended to read:
[
9-8-504
].
 9-8a-504.
Preservation easement -- Subject to other laws.
Except as provided in this part, preservation easements are subject to the other laws of
this state governing easements, generally. Any preservation easement may, with respect to the
burdened land, entitle its owner to take certain action, to require certain action to be taken by
the owner of the burdened land, or require that certain action not be taken by the owner of the
burdened land, and under any such circumstances may be either appurtenant or in gross.
Section 45. Section 
9-8a-505
, which is renumbered from Section 9-8-505 is
renumbered and amended to read:
[
9-8-505
].
 9-8a-505.
Rule Against Perpetuities and Rule Restricting
Unreasonable Restraints on Alienation not applicable.
The rule of property known as the Rule Against Perpetuities and the rule of property
known as the Rule Restricting Unreasonable Restraints on Alienation may not be applied to
defeat any of the provisions of this part or of any deed, lease, conveyance, covenant, easement,
or other interest created or document executed in accordance with the provisions of this part.
Section 46. Section 
9-8a-506
, which is renumbered from Section 9-8-506 is
renumbered and amended to read:
[
9-8-506
].
 9-8a-506.
Charitable contribution for tax purposes.
Any conveyance of a preservation easement may be deemed a charitable contribution
for tax purposes in accordance with the laws, rules, and regulations pertaining to charitable
contributions of interests in real property.
Section 47. Section 
9-9-402
 is amended to read:
9-9-402.
Definitions.
As used in this part:
(1) "Antiquities Section" means the Antiquities Section of the [
Division of State
History
] 
State Historic Preservation Office
.
(2) "Burial site" means a natural or prepared physical location, whether originally
below, on, or above the surface of the earth, into which as a part of the death rite or ceremony
of a culture individual human remains are deposited.
(3) "Cultural affiliation" means that there is a relationship of shared group identity that
can be reasonably traced historically or prehistorically between a present day Indian tribe and
an identifiable earlier group.
(4) "Director" means the director of the Division of Indian Affairs.
(5) "Division" means the Division of Indian Affairs.
(6) "Indian tribe" means a tribe, band, nation, or other organized group or community
of Indians that is recognized as eligible for the special programs and services provided by the
United States to Indians because of their status as Indians.
(7) "Lineal descendant" means the genealogical descendant established by oral or
written record.
(8) "Native American" means of or relating to a tribe, people, or culture that is
indigenous to the United States.
(9) "Native American remains" means remains that are Native American.
(10) (a) "Nonfederal land" means land in the state that is not owned, controlled, or held
in trust by the federal government.
(b) "Nonfederal land" includes:
(i) land owned or controlled by:
(A) the state;
(B) a county, city, or town;
(C) an Indian tribe, if the land is not held in trust by the United States for the Indian
tribe or the Indian tribe's members; or
(D) a person other than the federal government; or
(ii) school and institutional trust lands as defined in Section 
53C-1-103
.
(11) "Partner agency" means an agency of the state or a tribal agency that participates
in the remains repatriation process.
(12) "Remains" means all or part of a physical individual and objects on or attached to
the physical individual that are placed there as part of the death rite or ceremony of a culture.
(13) "Review committee" means the Native American Remains Review Committee
created by Section 
9-9-405
.
(14) (a) "State land" means land owned by the state including the state's:
(i) legislative and judicial branches;
(ii) departments, divisions, agencies, boards, commissions, councils, and committees;
and
(iii) institutions of higher education as defined under Section 
53B-3-102
.
(b) "State land" does not include:
(i) land owned by a political subdivision of the state;
(ii) land owned by a school district;
(iii) private land; or
(iv) school and institutional trust lands as defined in Section 
53C-1-103
.
(15) "Tribal consultation" means the state and the tribes exchanging views and
information, in writing or in person, regarding implementing proposed state action under this
part that has or may have substantial implications for tribes including impacts on:
(a) tribal cultural practices;
(b) tribal lands;
(c) tribal resources;
(d) access to traditional areas of tribal cultural or religious importance; or
(e) the consideration of the state's responsibilities to Indian tribes.
Section 48. Section 
9-9-403
 is amended to read:
9-9-403.
Ownership and disposition of Native American remains.
(1) If Native American remains are discovered on nonfederal lands on or after April 30,
2007, the ownership or control of the Native American remains shall be determined in the
following priority:
(a) first, in the lineal descendants of the Native American;
(b) second, if the lineal descendants cannot be ascertained, in the Indian tribe that:
(i) has the closest cultural affiliation with the Native American remains; and
(ii) states a claim for the Native American remains; or
(c) third:
(i) in the Indian tribe that is recognized as aboriginally occupying the area in which the
Native American remains are discovered, if:
(A) cultural affiliation of the Native American remains cannot be reasonably
ascertained;
(B) the land is recognized either by a final judgment of the Indian Claims Commission
or through other evidence as the exclusive or joint aboriginal land of some Indian tribe; and
(C) that tribe states a claim for the Native American remains; or
(ii) in a different tribe if:
(A) it can be shown by a preponderance of the evidence that that different tribe has a
stronger genetic or cultural relationship with the Native American remains; and
(B) that different tribe states a claim for the Native American remains.
(2) Subject to Subsection (7), Native American remains discovered on nonfederal lands
that are not claimed under Subsection (1) shall be disposed of in accordance with rules made
by the division:
(a) consistent with [
Chapter 8, Part 3, Antiquities
] 
Chapter 8a, Part 3, Antiquities
; and
(b) in consultation with Native American groups, representatives of repositories, and
the review committee established under Section 
9-9-405
.
(3) The intentional removal or excavation of Native American remains from state lands
may be permitted only if:
(a) the Native American remains are excavated or removed pursuant to a permit issued
under Section [
9-8-305
] 
9-8a-305
;
(b) the Native American remains are excavated or removed after consultation with and
written consent of the owner of the state land; and
(c) the ownership or right of control of the disposition of the Native American remains
is determined as provided in Subsections (1) and (2).
(4) (a) A person who knows or has reason to know that the person has discovered
Native American remains on state lands after March 17, 1992
,
 shall notify, in writing, the
appropriate state agency having primary management authority over the lands as provided in
[
Chapter 8, Part 3, Antiquities
] 
Chapter 8a, Part 3, Antiquities
.
(b) If the discovery occurs in connection with construction, mining, logging,
agriculture, or a related activity, the person shall:
(i) cease the activity in the area of the discovery;
(ii) make a reasonable effort to protect the Native American remains discovered before
resuming the activity; and
(iii) provide notice of discovery to the appropriate state agency under Subsection
(4)(a).
(c) Following notification under Subsections (4)(a) and (b) and upon certification by
the head of the appropriate state agency that notification is received, the activity may resume
after compliance with Section 
76-9-704
.
(5) (a) Scientific study of Native American remains may be carried out only with
approval of the owner of the Native American remains as established in Subsections (1) and
(2).
(b) (i) If ownership is unknown, study before identifying ownership is restricted to
those sufficient to identify ownership.
(ii) Study to identify ownership shall be approved only in accordance with rules made
by the division in consultation with the review committee.
(c) The Native American remains may not be retained longer than 90 days after the
date of establishing ownership.
(6) (a) Ownership of Native American remains shall be determined in accordance with
this Subsection (6) if:
(i) there are multiple claims of ownership under Subsection (1) of Native American
remains; and
(ii) the division cannot clearly determine which claimant is the most appropriate
claimant.
(b) If the conditions of Subsection (6)(a) are met, the appropriate state agency having
primary authority over the lands as provided in [
Chapter 8, Part 3, Antiquities
] 
Chapter 8a, Part
3, Antiquities
, may retain the remains until:
(i) the multiple claimants for the Native American remains enter into an agreement
concerning the disposition of the Native American remains;
(ii) the dispute is resolved through an administrative process:
(A) established by rules made by the division in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act; and
(B) that is exempt from Title 63G, Chapter 4, Administrative Procedures Act; or
(iii) after the administrative process described in Subsection (6)(b)(ii) is complete, the
dispute is resolved by a court of competent jurisdiction.
(7) The division may not make rules that impose any requirement on a person who
discovers Native American remains or owns or controls nonfederal land that is not state land
on which Native American remains are discovered that is not expressly provided for in Section
[
9-8-309
] 
9-8a-309
.
(8) For purposes of this part, if Native American remains are discovered on nonfederal
land that is not state land, the Antiquities Section is considered the state agency having primary
authority over the nonfederal land.
(9) This part does not modify any property rights of a person that owns or controls
nonfederal land except as to the ownership of Native American remains.
Section 49. Section 
9-9-405
 is amended to read:
9-9-405.
Review committee.
(1) There is created a Native American Remains Review Committee.
(2) (a) The review committee shall be composed of seven members as follows:
(i) four Tribal members shall be appointed by the director from nominations submitted
by the elected officials of Indian Tribal Nations described in Subsection 
9-9-104.5
(2)(b); and
(ii) three shall be appointed by the director from nominations submitted by
representatives of Utah's repositories.
(b) A member appointed under Subsection (2)(a)(i) shall have familiarity and
experience with this part.
(c) (i) A member appointed under Subsection (2)(a)(i) serves at the will of the director,
and if the member represents an Indian Tribal Nation, at the will of that Indian Tribal Nation. 
Removal of a member who represents an Indian Tribal Nation requires the joint decision of the
director and the Indian Tribal Nation.
(ii) A member appointed under Subsection (2)(a)(ii) serves at the will of the director,
and if the member represents a repository, at the will of the Division of State History. Removal
of a member who represents a repository requires the joint decision of the director and the
Division of State History.
(d) When a vacancy occurs in the membership for any reason, the director shall appoint
a replacement in the same manner as the original appointment under Subsection (2)(a).
(e) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(f) The review committee shall designate one of its members as chair.
(3) The review committee shall:
(a) monitor the identification process conducted under Section 
9-9-403
 to ensure a fair
and objective consideration and assessment of all available relevant information and evidence;
(b) review a finding relating to the following, subject to the rules made by the division
under Subsection 
9-9-403
(6):
(i) the identity or cultural affiliation of Native American remains; or
(ii) the return of Native American remains;
(c) facilitate the resolution of a dispute among Indian Tribal Nations or lineal
descendants and state agencies relating to the return of Native American remains, including
convening the parties to the dispute if considered desirable;
(d) consult with Indian Tribal Nations on matters within the scope of the work of the
review committee affecting these Indian Tribal Nations;
(e) consult with the division in the development of rules to carry out this part;
(f) perform other related functions as the division may assign to the review committee;
and
(g) make recommendations, if appropriate, regarding care of Native American remains
that are to be repatriated.
(4) A record or finding made by the review committee relating to the identity of or
cultural affiliation of Native American remains and the return of Native American remains may
be admissible in any action brought under this part.
(5) The appropriate state agency having primary authority over the lands as provided in
[
Chapter 8, Part 3, Antiquities
] 
Chapter 8a, Part 3, Antiquities
, shall ensure that the review
committee has reasonable access to:
(a) Native American remains under review; and
(b) associated scientific and historical documents.
(6) The division shall provide reasonable administrative and staff support necessary for
the deliberations of the review committee.
(7) The department shall include in the annual written report described in Section
9-1-208
:
(a) a description of the progress made, and any barriers encountered, by the review
committee in implementing this section during the previous year; and
(b) a review of the expenditures made from the Native American Repatriation
Restricted Account.
Section 50. Section 
9-9-407
 is amended to read:
9-9-407.
Native American Repatriation Restricted Account.
(1) There is created a restricted account within the General Fund known as the "Native
American Repatriation Restricted Account."
(2) (a) The Native American Repatriation Restricted Account shall consist of
appropriations from the Legislature.
(b) All interest earned on Native American Repatriation Restricted Account money
shall be deposited into the Native American Repatriation Restricted Account.
(3) Subject to appropriation from the Legislature, the division may use the money in
the Native American Repatriation Restricted Account as follows:
(a) for a grant issued in accordance with Subsection (6) to an Indian Tribe to pay the
following costs of reburial of Native American remains:
(i) use of equipment;
(ii) labor for use of the equipment;
(iii) reseeding and vegetation efforts;
(iv) compliance with Section [
9-8-404
] 
9-8a-404
; and
(v) caskets;
(b) for tribal consultation, including:
(i) consultation time, drafting reports, taking detailed notes, communicating to the
stakeholders, facilitating discussions, and traveling to individual tribal locations;
(ii) travel costs, including per diem and lodging costs, for:
(A) Utah tribal leaders and tribal cultural resource managers; and
(B) regional partner tribes;
(iii) meeting facilities for the division to host tribal consultations when the division
determines that a state facility does not meet tribal consultation needs; and
(iv) costs for holding meetings under Subsection (3)(b)(iii); and
(c) for training tribal representatives, councils, and staff of a partner agency with
repatriation responsibilities in the processes under Section [
9-8-404
] 
9-8a-404
 and rules made
by the [
Division of State History
] 
State Historic Preservation Office
 in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, including costs for:
(i) lodging and transportation of employees of the department or a partner agency; or
(ii) travel grants issued in accordance with Subsection (6) for tribal representatives.
(4) If the balance in the Native American Repatriation Restricted Account exceeds
$100,000 at the close of any fiscal year, the excess shall be transferred into the General Fund.
(5) In accordance with Section 
63J-1-602.1
, appropriations from the account are
nonlapsing.
(6) To issue a grant under this section, the division shall:
(a) require that an Indian Tribe request the grant in writing and specify how the grant
money will be expended; and
(b) enter into an agreement with the Indian Tribe to ensure that the grant money is
expended in accordance with Subsection (3).
Section 51. Section 
9-9-408
 is amended to read:
9-9-408.
Burial of ancient Native American remains in state parks.
(1) As used in this section:
(a) "Ancient Native American remains" means ancient human remains, as defined in
Section [
9-8-302
] 
9-8a-302
, that are Native American remains, as defined in Section 
9-9-402
.
(b) "Antiquities Section" means the Antiquities Section of the [
Division of State
History
] 
State Historic Preservation Office
 created in Section [
9-8-304
] 
9-8a-304
.
(2) (a) The division, the Antiquities Section, and the Division of State Parks shall
cooperate in a study of the feasibility of burying ancient Native American remains in state
parks.
(b) The study shall include:
(i) the process and criteria for determining which state parks would have land sufficient
and appropriate to reserve a portion of the land for the burial of ancient Native American
remains;
(ii) the process for burying the ancient Native American remains on the lands within
state parks, including the responsibilities of state agencies and the assurance of cultural
sensitivity;
(iii) how to keep a record of the locations in which specific ancient Native American
remains are buried;
(iv) how to account for the costs of:
(A) burying the ancient Native American remains on lands found within state parks;
and
(B) securing and maintaining burial sites in state parks; and
(v) any issues related to burying ancient Native American remains in state parks.
Section 52. Section 
9-21-301
 is amended to read:
9-21-301.
Creation of commission -- Membership -- Rulemaking.
(1) There is created within the division the Utah Multicultural Commission.
(2) The commission shall consist of 
the following 13 members, appointed by the
governor
:
[
(a) the lieutenant governor, who shall serve as chair of the commission; and
]
[
(b) at least 14 additional members appointed by the governor to two-year terms.
]
(a) one individual who advises the governor on education issues;
(b) one individual who advises the governor on homelessness issues;
(c) one individual who advises the governor on legislative policy;
(d) one individual who advises the governor on criminal and juvenile justice issues;
(e) one individual who advises the governor on issues concerning families and
children; and
(f) eight individuals who represent Utah's multicultural communities.
(3) 
(a) A member of the commission:
(i) shall serve for a term of two years; and
(ii) may not serve more than two terms.
(b)
 Notwithstanding [
the requirements of
] Subsection [
(2)(b)
] 
(3)(a)(i)
, the governor
shall at the time of appointment adjust the length of terms to ensure that the terms of
commission members are staggered so that approximately half of the commission is appointed
every two years.
(c) When a vacancy occurs in the membership, the governor shall appoint a
replacement for the unexpired term.
[
(4) The commission shall meet at least six times per year.
]
[
(5)
] 
(4)
 A majority of the members of the commission constitutes a quorum of the
commission at any meeting, and the action of the majority of members present is the action of
the commission.
[
(6) A member appointed by the governor may be reappointed for one or more
additional terms.
]
[
(7) When a vacancy occurs in the membership, the governor shall appoint a
replacement for the unexpired term.
]
[
(8)
] 
(5)
 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) 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)
] 
(6)
 The department shall make rules establishing the membership, duties, and
procedures of the commission in accordance with the requirements of:
(a) this chapter; and
(b) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
[
(10)
] 
(7)
 The department shall provide administrative support to the commission.
Section 53. Section 
9-21-302
 is amended to read:
9-21-302.
Commission duties.
(1)
 The commission shall:
[
(1)
] 
(a)
 cooperate with the division and state agencies to ensure [
access to culturally
competent programs and services that meet the needs of the state's multicultural communities;
]
the state's resources, services, and programs:
(i) advance the interests of the state's multicultural communities;
(ii) are properly communicated and delivered to the state's multicultural communities;
and
(iii) promote a climate of inclusion in the state;
(b) develop and submit to the lieutenant governor an annual report that includes:
(i) a description of the needs, goals, and deliverables that will directly impact the most
significant and urgent needs of the state's multicultural communities; and
(ii) recommendations on how the state should act to address the needs, goals, and
deliverables described in Subsection (1)(b)(i); and
(c) convene an annual meeting to discuss issues affecting the state's multicultural
communities in coordination with the governor, lieutenant governor, and relevant stakeholders.
[
(2) make recommendations to the director regarding policies, practices, and
procedures to ensure the proper delivery of state resources, services, and programs to the state's
multicultural communities;
]
[
(3) cooperate with the division and state agencies to ensure proper outreach to the
state's multicultural communities regarding state resources, services, and programs; and
]
[
(4) develop a strategic plan to identify needs, goals, and deliverables that will directly
impact the most significant and urgent needs of the state's multicultural communities.
]
(2) In carrying out the duties described in Subsection (1), the commission shall:
(a) consult with the lieutenant governor; and
(b) prioritize programs and efforts related to:
(i) employment;
(ii) education;
(iii) housing;
(iv) criminal and juvenile justice; or
(v) health and mental health, including suicide prevention.
Section 54. Section 
9-22-103
 is amended to read:
9-22-103.
STEM Action Center Board creation -- Membership.
(1) There is created the STEM Action Center Board, composed of the following
members:
(a) [
six
] 
seven
 private sector members who represent business, appointed by the
governor;
(b) the state superintendent of public instruction or the state superintendent's designee;
(c) the commissioner of higher education or the commissioner's designee;
(d) one member appointed by the governor;
(e) a member of the State Board of Education, chosen by the chair of the State Board of
Education;
(f) the executive director of the department or the executive director's designee; 
and
(g) the executive director of the Department of Workforce Services or the executive
director's designee[
; and
]
.
[
(h) one member who has a degree in engineering and experience working in a
government military installation, appointed by the governor.
]
(2) (a) The private sector members appointed by the governor in Subsection (1)(a) shall
represent a business or trade association whose primary focus is science, technology, or
engineering.
(b) Except as required by Subsection (2)(c), members appointed by the governor shall
be appointed to four-year terms.
(c) The length of terms of the members shall be staggered so that approximately half of
the committee is appointed every two years.
(d) The members may not serve more than two full consecutive terms except where the
governor determines that an additional term is in the best interest of the state.
(e) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(3) Attendance of a simple majority of the members constitutes a quorum for the
transaction of official committee business.
(4) Formal action by the STEM board requires a majority vote of a quorum.
(5) 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 under Sections 
63A-3-106
 and 
63A-3-107
.
(6) The governor shall select the chair of the STEM board to serve a two-year term.
(7) The executive director of the department or the executive director's designee shall
serve as the vice chair of the STEM board.
Section 55. Section 
9-23-203
, which is renumbered from Section 63N-10-202 is
renumbered and amended to read:
[
63N-10-202
].
 9-23-203.
Commission powers and duties.
(1) The commission shall:
(a) purchase and use a seal;
(b) adopt rules for the administration of this chapter in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act;
(c) prepare all forms of contracts between sponsors, licensees, promoters, and
contestants; and
(d) hold hearings relating to matters under its jurisdiction, including violations of this
chapter or rules made under this chapter.
(2) The commission may subpoena witnesses, take evidence, and require the
production of books, papers, documents, records, contracts, recordings, tapes, correspondence,
or other information relevant to an investigation if the commission or its designee considers it
necessary.
Section 56. Section 
9-23-304
 is amended to read:
9-23-304.
Additional fees for promoter -- Dedicated credits -- Promotion of
contests -- Annual exemption of showcase event.
(1) In addition to the payment of any other fees and money due under this chapter,
[
every
] 
a
 promoter shall pay a license fee 
and, if applicable, a broadcast revenue fee
 determined
by the commission and established in rule.
(2) [
License fees
] 
Fees
 collected 
by the commission
 under this [
Subsection (2) from
professional boxing contests or exhibitions
] 
section
 shall be retained by the commission as a
dedicated credit to be used by the commission to award grants to organizations that promote
amateur boxing in the state and cover commission expenses.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission shall adopt rules:
(a) governing the manner in which applications for grants under Subsection (2) may be
submitted to the commission; and
(b) establishing standards for awarding grants under Subsection (2) to organizations
which promote amateur boxing in the state.
(4) (a) For the purpose of creating a greater interest in contests in the state, the
commission may exempt from the payment of license fees under this section one contest or
exhibition in each calendar year, intended as a showcase event.
(b) The commission shall select the contest or exhibition to be exempted based on
factors which include:
(i) attraction of the optimum number of spectators;
(ii) costs of promoting and producing the contest or exhibition;
(iii) ticket pricing;
(iv) committed promotions and advertising of the contest or exhibition;
(v) rankings and quality of the contestants; and
(vi) committed television and other media coverage of the contest or exhibition.
Section 57. Section 
9-24-101
 is amended to read:
9-24-101.
Definitions.
As used in this chapter:
[
(1) "Advisory committee" means the Utah Main Street Advisory Committee created in
Section 
9-24-103
.
]
[
(2)
] 
(1)
 "Center" means the National Main Street Center.
[
(3)
] 
(2)
 "Program" means the Utah Main Street Program created in Section 
9-24-102
.
Section 58. Section 
9-24-102
 is amended to read:
9-24-102.
Utah Main Street Program.
(1) The Utah Main Street Program is created within the department to provide
resources for the revitalization of downtown or commercial district areas of municipalities in
the state.
(2) To implement the program, the department may:
(a) become a member of the National Main Street Center and partner with the center to
become the statewide coordinating program for participating municipalities in the state;
(b) establish criteria for the designation of one or more local main street programs
administered by a county or municipality in the state;
[
(c) consider the recommendations of the advisory committee in designating and
implementing local main street programs;
]
[
(d)
] 
(c)
 provide training and technical assistance to local governments, businesses,
property owners, or other organizations that participate in designated local main street
programs;
[
(e)
] 
(d)
 subject to appropriations from the Legislature or other funding, provide
financial assistance to designated local main street programs; and
[
(f)
] 
(e)
 under the direction of the executive director, appoint full-time staff.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department may make rules establishing the eligibility and reporting criteria for a downtown
area to receive a local main street program designation, including requirements for:
(a) local government support of the local main street program; and
(b) collecting data to measure economic development impact.
(4) The department shall include in the annual written report described in Section
9-1-208
, a report of the program's operations and details of which municipalities have received:
(a) a local main street program designation; and
(b) financial support from the program.
Section 59. Section 
10-9a-534
 is amended to read:
10-9a-534.
Regulation of building design elements prohibited -- Exceptions.
(1) As used in this section, "building design element" means:
(a) exterior color;
(b) type or style of exterior cladding material;
(c) style, dimensions, or materials of a roof structure, roof pitch, or porch;
(d) exterior nonstructural architectural ornamentation;
(e) location, design, placement, or architectural styling of a window or door;
(f) location, design, placement, or architectural styling of a garage door, not including a
rear-loading garage door;
(g) number or type of rooms;
(h) interior layout of a room;
(i) minimum square footage over 1,000 square feet, not including a garage;
(j) rear yard landscaping requirements;
(k) minimum building dimensions; or
(l) a requirement to install front yard fencing.
(2) Except as provided in Subsection (3), a municipality may not impose a requirement
for a building design element on a one to two family dwelling.
(3) Subsection (2) does not apply to:
(a) a dwelling located within an area designated as a historic district in:
(i) the National Register of Historic Places;
(ii) the state register as defined in Section [
9-8-402
] 
9-8a-402
; or
(iii) a local historic district or area, or a site designated as a local landmark, created by
ordinance before January 1, 2021;
(b) an ordinance enacted as a condition for participation in the National Flood
Insurance Program administered by the Federal Emergency Management Agency;
(c) an ordinance enacted to implement the requirements of the Utah Wildland Urban
Interface Code adopted under Section 
15A-2-103
;
(d) building design elements agreed to under a development agreement;
(e) a dwelling located within an area that:
(i) is zoned primarily for residential use; and
(ii) was substantially developed before calendar year 1950;
(f) an ordinance enacted to implement water efficient landscaping in a rear yard;
(g) an ordinance enacted to regulate type of cladding, in response to findings or
evidence from the construction industry of:
(i) defects in the material of existing cladding; or
(ii) consistent defects in the installation of existing cladding; or
(h) a land use regulation, including a planned unit development or overlay zone, that a
property owner requests:
(i) the municipality to apply to the owner's property; and
(ii) in exchange for an increase in density or other benefit not otherwise available as a
permitted use in the zoning area or district.
Section 60. Section 
15A-2-103
 is amended to read:
15A-2-103.
Specific editions adopted of construction code of a nationally
recognized code authority.
(1) Subject to the other provisions of this part, the following construction codes are
incorporated by reference, and together with the amendments specified in Chapter 3, Statewide
Amendments Incorporated as Part of State Construction Code, and Chapter 4, Local
Amendments Incorporated as Part of State Construction Code, are the construction standards to
be applied to building construction, alteration, remodeling, and repair, and in the regulation of
building construction, alteration, remodeling, and repair in the state:
(a) the 2018 edition of the International Building Code, including Appendices C and J,
issued by the International Code Council;
(b) the 2015 edition of the International Residential Code, issued by the International
Code Council;
(c) Appendix Q of the 2018 edition of the International Residential Code, issued by the
International Code Council;
(d) the 2018 edition of the International Plumbing Code, issued by the International
Code Council;
(e) the 2018 edition of the International Mechanical Code, issued by the International
Code Council;
(f) the 2018 edition of the International Fuel Gas Code, issued by the International
Code Council;
(g) the 2020 edition of the National Electrical Code, issued by the National Fire
Protection Association;
(h) the residential provisions of the 2015 edition of the International Energy
Conservation Code, issued by the International Code Council;
(i) the commercial provisions of the 2018 edition of the International Energy
Conservation Code, issued by the International Code Council;
(j) the 2018 edition of the International Existing Building Code, issued by the
International Code Council;
(k) subject to Subsection 
15A-2-104
(2), the HUD Code;
(l) subject to Subsection 
15A-2-104
(1), Appendix E of the 2015 edition of the
International Residential Code, issued by the International Code Council;
(m) subject to Subsection 
15A-2-104
(1), the 2005 edition of the NFPA 225 Model
Manufactured Home Installation Standard, issued by the National Fire Protection Association;
(n) subject to Subsection (3), for standards and guidelines pertaining to plaster on a
historic property, as defined in Section [
9-8-302
] 
9-8a-302
, the U.S. Department of the Interior
Secretary's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings;
and
(o) the residential provisions of the 2018 edition of the International Swimming Pool
and Spa Code, issued by the International Code Council.
(2) Consistent with Title 65A, Chapter 8, Management of Forest Lands and Fire
Control, the Legislature adopts the 2006 edition of the Utah Wildland Urban Interface Code,
issued by the International Code Council, with the alternatives or amendments approved by the
Utah Division of Forestry, as a construction code that may be adopted by a local compliance
agency by local ordinance or other similar action as a local amendment to the codes listed in
this section.
(3) The standards and guidelines described in Subsection (1)(n) apply only if:
(a) the owner of the historic property receives a government tax subsidy based on the
property's status as a historic property;
(b) the historic property is wholly or partially funded by public money; or
(c) the historic property is owned by a government entity.
Section 61. Section 
17-27a-530
 is amended to read:
17-27a-530.
Regulation of building design elements prohibited -- Exceptions.
(1) As used in this section, "building design element" means:
(a) exterior color;
(b) type or style of exterior cladding material;
(c) style, dimensions, or materials of a roof structure, roof pitch, or porch;
(d) exterior nonstructural architectural ornamentation;
(e) location, design, placement, or architectural styling of a window or door;
(f) location, design, placement, or architectural styling of a garage door, not including a
rear-loading garage door;
(g) number or type of rooms;
(h) interior layout of a room;
(i) minimum square footage over 1,000 square feet, not including a garage;
(j) rear yard landscaping requirements;
(k) minimum building dimensions; or
(l) a requirement to install front yard fencing.
(2) Except as provided in Subsection (3), a county may not impose a requirement for a
building design element on a one to two family dwelling.
(3) Subsection (2) does not apply to:
(a) a dwelling located within an area designated as a historic district in:
(i) the National Register of Historic Places;
(ii) the state register as defined in Section [
9-8-402
] 
9-8a-402
; or
(iii) a local historic district or area, or a site designated as a local landmark, created by
ordinance before January 1, 2021;
(b) an ordinance enacted as a condition for participation in the National Flood
Insurance Program administered by the Federal Emergency Management Agency;
(c) an ordinance enacted to implement the requirements of the Utah Wildland Urban
Interface Code adopted under Section 
15A-2-103
;
(d) building design elements agreed to under a development agreement;
(e) a dwelling located within an area that:
(i) is zoned primarily for residential use; and
(ii) was substantially developed before calendar year 1950;
(f) an ordinance enacted to implement water efficient landscaping in a rear yard;
(g) an ordinance enacted to regulate type of cladding, in response to findings or
evidence from the construction industry of:
(i) defects in the material of existing cladding; or
(ii) consistent defects in the installation of existing cladding; or
(h) a land use regulation, including a planned unit development or overlay zone, that a
property owner requests:
(i) the county to apply to the owner's property; and
(ii) in exchange for an increase in density or other benefit not otherwise available as a
permitted use in the zoning area or district.
Section 62. Section 
17C-2-103
 is amended to read:
17C-2-103.
Urban renewal project area plan requirements.
(1) An agency shall ensure that each urban renewal project area plan and proposed
project area plan:
(a) describes the boundaries of the project area, subject to Section 
17C-1-414
, if
applicable;
(b) contains a general statement of the land uses, layout of principal streets, population
densities, and building intensities of the project area and how they will be affected by the
project area development;
(c) states the standards that will guide the project area development;
(d) shows how the purposes of this title will be attained by the project area
development;
(e) is consistent with the general plan of the community in which the project area is
located and show that the project area development will conform to the community's general
plan;
(f) describes how the project area development will reduce or eliminate a development
impediment in the project area;
(g) describes any specific project or projects that are the object of the proposed project
area development;
(h) identifies how a participant will be selected to undertake the project area
development and identify each participant currently involved in the project area development;
(i) states the reasons for the selection of the project area;
(j) describes the physical, social, and economic conditions existing in the project area;
(k) describes any tax incentives offered private entities for facilities located in the
project area;
(l) includes the analysis described in Subsection (2);
(m) if any of the existing buildings or uses in the project area are included in or eligible
for inclusion in the National Register of Historic Places or the State Register, states that the
agency shall comply with Section [
9-8-404
] 
9-8a-404
 as though the agency were a state agency;
and
(n) includes other information that the agency determines to be necessary or advisable.
(2) An agency shall ensure that each analysis under Subsection (1)(l) considers:
(a) the benefit of any financial assistance or other public subsidy proposed to be
provided by the agency, including:
(i) an evaluation of the reasonableness of the costs of the project area development;
(ii) efforts the agency or participant has made or will make to maximize private
investment;
(iii) the rationale for use of tax increment, including an analysis of whether the
proposed project area development might reasonably be expected to occur in the foreseeable
future solely through private investment; and
(iv) an estimate of the total amount of tax increment that will be expended in
undertaking project area development and the project area funds collection period; and
(b) the anticipated public benefit to be derived from the project area development,
including:
(i) the beneficial influences upon the tax base of the community;
(ii) the associated business and economic activity likely to be stimulated; and
(iii) whether adoption of the project area plan is necessary and appropriate to reduce or
eliminate a development impediment.
Section 63. Section 
17C-2-104
 is amended to read:
17C-2-104.
Existing and historic buildings and uses in an urban renewal project
area.
If any of the existing buildings or uses in an urban renewal project area are included in
or eligible for inclusion in the National Register of Historic Places or the State Register, the
agency shall comply with Section [
9-8-404
] 
9-8a-404
 as though the agency were a state agency.
Section 64. Section 
17C-3-103
 is amended to read:
17C-3-103.
Economic development project area plan requirements.
(1) Each economic development project area plan and proposed project area plan shall:
(a) describe the boundaries of the project area, subject to Section 
17C-1-414
, if
applicable;
(b) contain a general statement of the land uses, layout of principal streets, population
densities, and building intensities of the project area and how they will be affected by the
project area development;
(c) state the standards that will guide the project area development;
(d) show how the purposes of this title will be attained by the project area
development;
(e) be consistent with the general plan of the community in which the project area is
located and show that the project area development will conform to the community's general
plan;
(f) describe how the project area development will create additional jobs;
(g) describe any specific project or projects that are the object of the proposed project
area development;
(h) identify how a participant will be selected to undertake the project area
development and identify each participant currently involved in the project area development;
(i) state the reasons for the selection of the project area;
(j) describe the physical, social, and economic conditions existing in the project area;
(k) describe any tax incentives offered private entities for facilities located in the
project area;
(l) include an analysis, as provided in Subsection (2), of whether adoption of the
project area plan is beneficial under a benefit analysis;
(m) if any of the existing buildings or uses in the project area are included in or eligible
for inclusion in the National Register of Historic Places or the State Register, state that the
agency shall comply with Subsection [
9-8-404
(1)
] 
9-8a-404
(1)
 as though the agency were a
state agency; and
(n) include other information that the agency determines to be necessary or advisable.
(2) Each analysis under Subsection (1)(l) shall consider:
(a) the benefit of any financial assistance or other public subsidy proposed to be
provided by the agency, including:
(i) an evaluation of the reasonableness of the costs of project area development;
(ii) efforts the agency or participant has made or will make to maximize private
investment;
(iii) the rationale for use of tax increment, including an analysis of whether the
proposed project area development might reasonably be expected to occur in the foreseeable
future solely through private investment; and
(iv) an estimate of the total amount of tax increment that will be expended in
undertaking project area development and the length of time for which it will be expended; and
(b) the anticipated public benefit to be derived from the project area development,
including:
(i) the beneficial influences upon the tax base of the community;
(ii) the associated business and economic activity likely to be stimulated; and
(iii) the number of jobs or employment anticipated to be generated or preserved.
Section 65. Section 
17C-3-104
 is amended to read:
17C-3-104.
Existing and historic buildings and uses in an economic development
project area.
If any of the existing buildings or uses in an economic development project area are
included in or eligible for inclusion in the National Register of Historic Places or the State
Register, the agency shall comply with Subsection [
9-8-404
(1)
] 
9-8a-404
(1)
 as though the
agency were a state agency.
Section 66. Section 
17C-5-105
 is amended to read:
17C-5-105.
Community reinvestment project area plan requirements.
An agency shall ensure that each community reinvestment project area plan and
proposed community reinvestment project area plan:
(1) subject to Section 
17C-1-414
, if applicable, includes a boundary description and a
map of the community reinvestment project area;
(2) contains a general statement of the existing land uses, layout of principal streets,
population densities, and building intensities of the community reinvestment project area and
how each will be affected by project area development;
(3) states the standards that will guide project area development;
(4) shows how project area development will further purposes of this title;
(5) is consistent with the general plan of the community in which the community
reinvestment project area is located and shows that project area development will conform to
the community's general plan;
(6) if applicable, describes how project area development will eliminate or reduce a
development impediment in the community reinvestment project area;
(7) describes any specific project area development that is the object of the community
reinvestment project area plan;
(8) if applicable, explains how the agency plans to select a participant;
(9) states each reason the agency selected the community reinvestment project area;
(10) describes the physical, social, and economic conditions that exist in the
community reinvestment project area;
(11) describes each type of financial assistance that the agency anticipates offering a
participant;
(12) includes an analysis or description of the anticipated public benefit resulting from
project area development, including benefits to the community's economic activity and tax
base;
(13) if applicable, states that the agency shall comply with Section [
9-8-404
] 
9-8a-404
as required under Section 
17C-5-106
;
(14) for a community reinvestment project area plan that an agency adopted before
May 14, 2019, states whether the community reinvestment project area plan or proposed
community reinvestment project area plan is subject to a taxing entity committee or an
interlocal agreement; and
(15) includes other information that the agency determines to be necessary or
advisable.
Section 67. Section 
17C-5-106
 is amended to read:
17C-5-106.
Existing and historic buildings and uses in a community reinvestment
project area.
An agency shall comply with Section [
9-8-404
] 
9-8a-404
 as though the agency is a state
agency if:
(1) any of the existing buildings or uses in a community reinvestment project area are
included in, or eligible for inclusion in, the National Register of Historic Places or the State
Register; and
(2) the agency spends agency funds on the demolition or rehabilitation of existing
buildings described in Subsection (1).
Section 68. Section 
53B-17-603
 is amended to read:
53B-17-603.
Curation and deposit of specimens.
(1) For purposes of this section:
(a) "Collections" [
is
] 
means the same as that term is
 defined [
as provided
] in Section
[
9-8-302
] 
9-8a-302
.
(b) "Curation facility" means:
(i) the museum;
(ii) an accredited facility meeting federal curation standards; or
(iii) an appropriate state park.
(c) "Museum" means the Utah Museum of Natural History.
(d) "Repository" means:
(i) a facility designated by the museum through memoranda of agreement; or
(ii) a place of reburial.
(e) "School and institutional trust lands" are those properties defined in Section
53C-1-103
.
(2) The museum shall make rules to ensure the adequate curation of all collections
from lands owned or controlled by the state or its subdivisions. The rules shall:
(a) conform to, but not be limited by, federal curation policy;
(b) recognize that collections recovered from school and institutional trust lands are
owned by the respective trust, and shall be made available for exhibition as the beneficiaries of
the respective trust may request, subject to museum curation policy and the curation facility's
budgetary priorities;
(c) recognize that any collections obtained in exchange for collections found on school
and institutional trust lands shall be owned by the respective trust; and
(d) recognize that if, at its discretion, the curation facility makes and sells
reproductions derived from collections found on school or institutional trust lands, any money
obtained from these sales shall be given to the respective trust, but the curation facility may
retain money sufficient to recover the direct costs of preparation for sale and a reasonable fee
for handling the sale.
(3) (a) The museum may enter into memoranda of agreement with other repositories
located in and outside the state to act as its designee for the curation of collections.
(b) In these memoranda, the museum may delegate some or all of its authority to
curate.
(4) (a) All collections recovered from lands owned or controlled by the state or its
subdivisions shall be deposited at the museum, a curation facility, or at a repository within a
reasonable time after the completion of field work.
(b) The museum shall make rules establishing procedures for selection of the
appropriate curation facility or repository.
(c) The rules shall consider:
(i) whether the permittee, authorized pursuant to Section [
9-8-305
] 
9-8a-305
, is a
curation facility;
(ii) the appropriateness of reburial;
(iii) the proximity of the curation facility or repository to the point of origin of the
collection;
(iv) the preference of the owner of the land on which the collection was found;
(v) the nature of the collection and the repository's or curation facility's ability and
desire to curate the collection in question, and ability to maximize the scientific, educational,
and cultural benefits for the people of the state and the school and institutional trusts;
(vi) selection of a second curation facility or repository, if the original repository or
curation facility becomes unable to curate the collections under its care; and
(vii) establishment of an arbitration process for the resolution of disputes over the
location of a curation facility or repository, which shall include an ultimate arbitration authority
consisting of the landowner, the state archaeologist or paleontologist, and a representative from
the governor's office.
(d) The repository or curation facility may charge a curation fee commensurate with the
costs of maintaining those collections, except that a fee may not be charged to the respective
trust for collections found on school or institutional trust lands.
(5) The repository or curation facility shall make specimens available through loans to
museums and research institutions in and out of the state when, in the opinion of the repository
or curation facility:
(a) the use of the specimens is appropriate; and
(b) arrangements are made for safe custodianship of the specimens.
(6) The museum shall comply with the procedures of Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, regarding publication of its rules in the Utah State Bulletin
and the Utah Administrative Code.
Section 69. Section 
53B-18-1002
 is amended to read:
53B-18-1002.
Establishment of the center -- Purpose -- Duties and
responsibilities.
(1) There is established the Mormon Pioneer Heritage Center in connection with Utah
State University.
(2) The purpose of the center is to coordinate interdepartmental research and extension
efforts in recreation, heritage tourism, and agricultural extension service and to enter into
cooperative contracts with the United States Departments of Agriculture and the Interior, state,
county, and city officers, public and private organizations, and individuals to enhance Mormon
pioneer heritage.
(3) The center has the following duties and responsibilities:
(a) to support United States Congressional findings that the landscape, architecture,
traditions, products, and events in the counties convey the heritage of pioneer settlements and
their role in agricultural development;
(b) to coordinate with extension agents in the counties to assist in the enhancement of
heritage businesses and the creation of heritage products;
(c) to foster a close working relationship with all levels of government, the private
sector, residents, business interests, and local communities;
(d) to support United States Congressional findings that the historical, cultural, and
natural heritage legacies of Mormon colonization and settlement are nationally significant;
(e) to encourage research and studies relative to the variety of heritage resources along
the 250-mile Highway 89 corridor from Fairview to Kanab, Utah, and Highways 12 and 24, the
All American Road, to the extent those resources demonstrate:
(i) the colonization of the western United States; and
(ii) the expansion of the United States as a major world power;
(f) to demonstrate that the great relocation to the western United States was facilitated
by:
(i) the 1,400 mile trek from Illinois to the Great Salt Lake by the Mormon Pioneers;
and
(ii) the subsequent colonization effort in Nevada, Utah, the southeast corner of Idaho,
the southwest corner of Wyoming, large areas of southeastern Oregon, much of southern
California, and areas along the eastern border of California; and
(g) to assist in interpretive efforts that demonstrate how the Boulder Loop, Capitol
Reef National Park, Zion National Park, Bryce Canyon National Park, and the Highway 89 area
convey the compelling story of how early settlers:
(i) interacted with Native Americans; and
(ii) established towns and cities in a harsh, yet spectacular, natural environment.
(4) The center, in collaboration with the United States Department of the Interior, the
National Park Service, the United States Department of Agriculture, the United States Forest
Service, the Department of Cultural and Community Engagement, the Utah [
Division of State
History
] 
Historical Society
, and the alliance and its intergovernmental local partners, shall:
(a) assist in empowering communities in the counties to conserve, preserve, and
enhance the heritage of the communities while strengthening future economic opportunities;
(b) help conserve, interpret, and develop the historical, cultural, natural, and
recreational resources within the counties; and
(c) expand, foster, and develop heritage businesses and products relating to the cultural
heritage of the counties.
(5) The center, in collaboration with the United States Department of the Interior, the
National Park Service, and with funding from the alliance, shall develop a heritage
management plan.
Section 70. Section 
59-7-609
 is amended to read:
59-7-609.
Historic preservation credit.
(1) (a) For tax years beginning January 1, 1993, and thereafter, there is allowed to a
taxpayer subject to Section 
59-7-104
, as a credit against the tax due, an amount equal to 20% of
qualified rehabilitation expenditures, costing more than $10,000, incurred in connection with
any residential certified historic building. When qualifying expenditures of more than $10,000
are incurred, the credit allowed by this section shall apply to the full amount of expenditures.
(b) All rehabilitation work to which the credit may be applied shall be approved by the
State Historic Preservation Office prior to completion of the rehabilitation project as meeting
the Secretary of the Interior's Standards for Rehabilitation so that the office can provide
corrective comments to the taxpayer in order to preserve the historical qualities of the building.
(c) Any amount of credit remaining may be carried forward to each of the five taxable
years following the qualified expenditures.
(d) The commission, in consultation with the [
Division of State History
] 
State Historic
Preservation Office
, shall promulgate rules to implement this section.
(2) As used in this section:
(a) "Certified historic building" means a building that is listed on the National Register
of Historic Places within three years of taking the credit under this section or that is located in a
National Register Historic District and the building has been designated by the [
Division of
State History
] 
State Historic Preservation Office
 as being of significance to the district.
(b) (i) "Qualified rehabilitation expenditures" means any amount properly chargeable
to the rehabilitation and restoration of the physical elements of the building, including the
historic decorative elements, and the upgrading of the structural, mechanical, electrical, and
plumbing systems to applicable codes.
(ii) "Qualified rehabilitation expenditures" does not include expenditures related to:
(A) the taxpayer's personal labor;
(B) cost of acquisition of the property;
(C) any expenditure attributable to the enlargement of an existing building;
(D) rehabilitation of a certified historic building without the approval required in
Subsection (1)(b); or
(E) any expenditure attributable to landscaping and other site features, outbuildings,
garages, and related features.
(c) "Residential" means a building used for residential use, either owner occupied or
income producing.
Section 71. Section 
59-10-1006
 is amended to read:
59-10-1006.
Historic preservation tax credit.
(1) (a) For tax years beginning January 1, 1993, and thereafter, there is allowed to a
claimant, estate, or trust, as a nonrefundable tax credit against the income tax due, an amount
equal to 20% of qualified rehabilitation expenditures, costing more than $10,000, incurred in
connection with any residential certified historic building. When qualifying expenditures of
more than $10,000 are incurred, the tax credit allowed by this section shall apply to the full
amount of expenditures.
(b) All rehabilitation work to which the tax credit may be applied shall be approved by
the State Historic Preservation Office prior to completion of the rehabilitation project as
meeting the Secretary of the Interior's Standards for Rehabilitation so that the office can
provide corrective comments to the claimant, estate, or trust in order to preserve the historical
qualities of the building.
(c) Any amount of tax credit remaining may be carried forward to each of the five
taxable years following the qualified expenditures.
(d) The commission, in consultation with the [
Division of State History
] 
State Historic
Preservation Office
, shall promulgate rules to implement this section.
(2) As used in this section:
(a) "Certified historic building" means a building that is listed on the National Register
of Historic Places within three years of taking the credit under this section or that is located in a
National Register Historic District and the building has been designated by the [
Division of
State History
] 
State Historic Preservation Office
 as being of significance to the district.
(b) (i) "Qualified rehabilitation expenditures" means any amount properly chargeable
to the rehabilitation and restoration of the physical elements of the building, including the
historic decorative elements, and the upgrading of the structural, mechanical, electrical, and
plumbing systems to applicable codes.
(ii) "Qualified rehabilitation expenditures" does not include expenditures related to:
(A) a claimant's, estate's, or trust's personal labor;
(B) cost of acquisition of the property;
(C) any expenditure attributable to the enlargement of an existing building;
(D) rehabilitation of a certified historic building without the approval required in
Subsection (1)(b); or
(E) any expenditure attributable to landscaping and other site features, outbuildings,
garages, and related features.
(c) "Residential" means a building used for residential use, either owner occupied or
income producing.
Section 72. Section 
63A-12-112
 is amended to read:
63A-12-112.
Records Management Committee -- Creation -- Membership --
Administration.
(1) There is created the Records Management Committee composed of the following
seven members:
(a) the director of the [
Division of State History
] 
Utah Historical Society
 or the
director's designee;
(b) the director of the Division of Archives and Records Services or the director's
designee; and
(c) five members appointed by the governor as follows:
(i) a member of the Utah State Bar who understands public records keeping under Title
63G, Chapter 2, Government Records Access and Management Act;
(ii) a member with experience in public finance;
(iii) an individual from the private sector whose principal professional responsibilities
are to create or manage records;
(iv) a member representing political subdivisions, recommended by the Utah League of
Cities and Towns; and
(v) a member representing the news media.
(2) (a) Except as provided in Subsection (2)(b), the governor shall appoint each
member to a four-year term.
(b) Notwithstanding Subsection (2)(a), the governor shall, at the time of appointment
or reappointment, adjust the length of committee members' terms to ensure that the terms of
members appointed by the governor are staggered so that approximately half of the committee
members appointed by the governor are appointed every two years.
(c) Each appointed member of the committee is eligible for reappointment for one
additional term.
(3) When a vacancy occurs in the membership of the committee for any reason, the
applicable appointing authority shall appoint a replacement for the unexpired term.
(4) A member of the Records Management Committee may not receive compensation
or benefits for the member's service on the committee, 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 under Sections 
63A-3-106
 and 
63A-3-107
.
Section 73. Section 
63C-9-301
 is amended to read:
63C-9-301.
Board powers -- Subcommittees.
(1) The board shall:
(a) except as provided in Subsection (2), exercise complete jurisdiction and
stewardship over capitol hill facilities, capitol hill grounds, and the capitol hill complex;
(b) preserve, maintain, and restore the capitol hill complex, capitol hill facilities,
capitol hill grounds, and their contents;
(c) before October 1 of each year, review and approve the executive director's annual
budget request for submittal to the governor and Legislature;
(d) by October 1 of each year, prepare and submit a recommended budget request for
the upcoming fiscal year for the capitol hill complex to:
(i) the governor, through the Governor's Office of Planning and Budget; and
(ii) the Legislature's appropriations subcommittee responsible for capitol hill facilities,
through the Office of the Legislative Fiscal Analyst;
(e) review and approve the executive director's:
(i) annual work plan;
(ii) long-range master plan for the capitol hill complex, capitol hill facilities, and
capitol hill grounds; and
(iii) furnishings plan for placement and care of objects under the care of the board;
(f) approve all changes to the buildings and their grounds, including:
(i) restoration, remodeling, and rehabilitation projects;
(ii) usual maintenance program; and
(iii) any transfers or loans of objects under the board's care;
(g) define and identify all significant aspects of the capitol hill complex, capitol hill
facilities, and capitol hill grounds, after consultation with the:
(i) Division of Facilities Construction and Management;
(ii) State Library Division;
(iii) Division of Archives and Records Service;
(iv) [
Division of State History
] 
Utah Historical Society
;
(v) Office of Museum Services; and
(vi) Arts Council;
(h) inventory, define, and identify all significant contents of the buildings and all
state-owned items of historical significance that were at one time in the buildings, after
consultation with the:
(i) Division of Facilities Construction and Management;
(ii) State Library Division;
(iii) Division of Archives and Records Service;
(iv) [
Division of State History
] 
Utah Historical Society
;
(v) Office of Museum Services; and
(vi) Arts Council;
(i) maintain archives relating to the construction and development of the buildings, the
contents of the buildings and their grounds, including documents such as plans, specifications,
photographs, purchase orders, and other related documents, the original copies of which shall
be maintained by the Division of Archives and Records Service;
(j) comply with federal and state laws related to program and facility accessibility; and
(k) establish procedures for receiving, hearing, and deciding complaints or other issues
raised about the capitol hill complex, capitol hill facilities, and capitol hill grounds, or their
use.
(2) (a) Notwithstanding Subsection (1)(a), the supervision and control of the legislative
area, as defined in Section 
36-5-1
, is reserved to the Legislature; and
(b) the supervision and control of the governor's area, as defined in Section 
67-1-16
, is
reserved to the governor.
(3) (a) The board shall make rules to govern, administer, and regulate the capitol hill
complex, capitol hill facilities, and capitol hill grounds by following the procedures and
requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(b) A violation of a rule relating to the use of the capitol hill complex adopted by the
board under the authority of this Subsection (3) is an infraction.
(c) If an act violating a rule under Subsection (3)(b) also amounts to an offense subject
to a greater penalty under this title, Title 32B, Alcoholic Beverage Control Act, Title 41, Motor
Vehicles, Title 76, Utah Criminal Code, or other provision of state law, Subsection (3)(b) does
not prohibit prosecution and sentencing for the more serious offense.
(d) In addition to any punishment allowed under Subsections (3)(b) and (c), a person
who violates a rule adopted by the board under the authority of this Subsection (3) is subject to
a civil penalty not to exceed $2,500 for each violation, plus the amount of any actual damages,
expenses, and costs related to the violation of the rule that are incurred by the state.
(e) The board may take any other legal action allowed by law.
(f) The board may not apply this section or rules adopted under the authority of this
section in a manner that violates a person's rights under the Utah Constitution or the First
Amendment to the United States Constitution, including the right of persons to peaceably
assemble.
(g) The board shall send proposed rules under this section to the legislative general
counsel and the governor's general counsel for review and comment before the board adopts the
rules.
(4) The board is exempt from the requirements of Title 63G, Chapter 6a, Utah
Procurement Code, but shall adopt procurement rules substantially similar to the requirements
of that chapter.
(5) The board shall name:
(a) the House Building, that is defined in Section 
36-5-1
, the "Rebecca D. Lockhart
House Building"; and
(b) committee room 210 in the Senate Building, that is defined in Section 
36-5-1
, the
"Allyson W. Gamble Committee Room".
(6) (a) The board may:
(i) establish subcommittees made up of board members and members of the public to
assist and support the executive director in accomplishing the executive director's duties;
(ii) establish fees for the use of capitol hill facilities and capitol hill grounds;
(iii) assign and allocate specific duties and responsibilities to any other state agency, if
the other agency agrees to perform the duty or accept the responsibility;
(iv) contract with another state agency to provide services;
(v) delegate by specific motion of the board any authority granted to it by this section
to the executive director;
(vi) in conjunction with Salt Lake City, expend money to improve or maintain public
property contiguous to East Capitol Boulevard and capitol hill;
(vii) provide wireless Internet service to the public without a fee in any capitol hill
facility; and
(viii) when necessary, consult with the:
(A) Division of Facilities Construction and Management;
(B) State Library Division;
(C) Division of Archives and Records Service;
(D) [
Division of State History
] 
Utah Historical Society
;
(E) Office of Museum Services; and
(F) Arts Council.
(b) The board's provision of wireless Internet service under Subsection (6)(a)(vii) shall
be discontinued in the legislative area if the president of the Senate and the speaker of the
House of Representatives each submit a signed letter to the board indicating that the service is
disruptive to the legislative process and is to be discontinued.
(c) If a budget subcommittee is established by the board, the following shall serve as ex
officio, nonvoting members of the budget subcommittee:
(i) the legislative fiscal analyst, or the analyst's designee, who shall be from the Office
of the Legislative Fiscal Analyst; and
(ii) the executive director of the Governor's Office of Planning and Budget, or the
executive director's designee, who shall be from the Governor's Office of Planning and Budget.
(d) If a preservation and maintenance subcommittee is established by the board, the
board may, by majority vote, appoint one or each of the following to serve on the
subcommittee as voting members of the subcommittee:
(i) an architect, who shall be selected from a list of three architects submitted by the
American Institute of Architects; or
(ii) an engineer, who shall be selected from a list of three engineers submitted by the
American Civil Engineers Council.
(e) If the board establishes any subcommittees, the board may, by majority vote,
appoint up to two people who are not members of the board to serve, at the will of the board, as
nonvoting members of a subcommittee.
(f) Members of each subcommittee shall, at the first meeting of each calendar year,
select one individual to act as chair of the subcommittee for a one-year term.
(7) (a) The board, and the employees of the board, may not move the office of the
governor, lieutenant governor, president of the Senate, speaker of the House of
Representatives, or a member of the Legislature from the State Capitol unless the removal is
approved by:
(i) the governor, in the case of the governor's office;
(ii) the lieutenant governor, in the case of the lieutenant governor's office;
(iii) the president of the Senate, in the case of the president's office or the office of a
member of the Senate; or
(iv) the speaker of the House of Representatives, in the case of the speaker's office or
the office of a member of the House.
(b) The board and the employees of the board have no control over the furniture,
furnishings, and decorative objects in the offices of the governor, lieutenant governor, or the
members of the Legislature except as necessary to inventory or conserve items of historical
significance owned by the state.
(c) The board and the employees of the board have no control over records and
documents produced by or in the custody of a state agency, official, or employee having an
office in a building on the capitol hill complex.
(d) Except for items identified by the board as having historical significance, and
except as provided in Subsection (7)(b), the board and the employees of the board have no
control over moveable furnishings and equipment in the custody of a state agency, official, or
employee having an office in a building on the capitol hill complex.
Section 74. 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
] 
Utah Historical Society
, the Division of Arts and Museums, the arts
collection committee of the State of Utah Alice Merrill Horne Art Collection, or any other state
agency.
Section 75. Section 
63L-11-202
 is amended to read:
63L-11-202.
Powers and duties of the office and executive director.
(1) The office shall:
(a) make a report to the Constitutional Defense Council created under Section
63C-4a-202
 concerning R.S. 2477 rights and other public lands issues under Title 63C, Chapter
4a, Constitutional and Federalism Defense Act;
(b) provide staff assistance to the Constitutional Defense Council created under Section
63C-4a-202
 for meetings of the council;
(c) (i) prepare and submit a constitutional defense plan under Section 
63C-4a-403
; and
(ii) execute any action assigned in a constitutional defense plan;
(d) develop public lands policies by:
(i) developing cooperative contracts and agreements between the state, political
subdivisions, and agencies of the federal government for involvement in the development of
public lands policies;
(ii) producing research, documents, maps, studies, analysis, or other information that
supports the state's participation in the development of public lands policy;
(iii) preparing comments to ensure that the positions of the state and political
subdivisions are considered in the development of public lands policy; and
(iv) partnering with state agencies and political subdivisions in an effort to:
(A) prepare coordinated public lands policies;
(B) develop consistency reviews and responses to public lands policies;
(C) develop management plans that relate to public lands policies; and
(D) develop and maintain a statewide land use plan that is based on cooperation and in
conjunction with political subdivisions;
(e) facilitate and coordinate the exchange of information, comments, and
recommendations on public lands policies between and among:
(i) state agencies;
(ii) political subdivisions;
(iii) the Office of Rural Development created under Section 
63N-4-102
;
(iv) the coordinating committee;
(v) School and Institutional Trust Lands Administration created under Section
53C-1-201
;
(vi) the committee created under Section 
63A-16-507
 to award grants to counties to
inventory and map R.S. 2477 rights-of-way, associated structures, and other features; and
(vii) the Constitutional Defense Council created under Section 
63C-4a-202
;
(f) perform the duties established in [
Title 9, Chapter 8, Part 3, Antiquities, and Title 9,
Chapter 8, Part 4, Historic Sites
] 
Title 9, Chapter 8a, Part 3, Antiquities, and Title 9, Chapter
8a, Part 4, Historic Sites
;
(g) consistent with other statutory duties, encourage agencies to responsibly preserve
archaeological resources;
(h) maintain information concerning grants made under Subsection (1)(j), if available;
(i) report annually, or more often if necessary or requested, concerning the office's
activities and expenditures to:
(i) the Constitutional Defense Council; and
(ii) the Legislature's Natural Resources, Agriculture, and Environment Interim
Committee jointly with the Constitutional Defense Council;
(j) make grants of up to 16% of the office's total annual appropriations from the
Constitutional Defense Restricted Account to a county or statewide association of counties to
be used by the county or association of counties for public lands matters if the executive
director, with the advice of the Constitutional Defense Council, determines that the action
provides a state benefit;
(k) provide staff services to the Snake Valley Aquifer Advisory Council created in
Section 
63C-12-103
;
(l) coordinate and direct the Snake Valley Aquifer Research Team created in Section
63C-12-107
;
(m) conduct the public lands transfer study and economic analysis required by Section
63L-11-304
; and
(n) fulfill the duties described in Section 
63L-10-103
.
(2) The executive director shall comply with Subsection 
63C-4a-203
(8) before
submitting a comment to a federal agency, if the governor would be subject to Subsection
63C-4a-203
(8) in submitting the comment.
(3) The office may enter into an agreement with another state agency to provide
information and services related to:
(a) the duties authorized by Title 72, Chapter 3, Highway Jurisdiction and
Classification Act;
(b) legal actions concerning Title 72, Chapter 3, Highway Jurisdiction and
Classification Act, or R.S. 2477 matters; or
(c) any other matter within the office's responsibility.
(4) In fulfilling the duties under this part, the office shall consult, as necessary, with:
(a) the Department of Natural Resources;
(b) the Department of Agriculture and Food;
(c) the Department of Environmental Quality;
(d) other applicable state agencies;
(e) political subdivisions of the state;
(f) federal land management agencies; and
(g) elected officials.
Section 76. Section 
63L-11-402
 is amended to read:
63L-11-402.
Membership -- Terms -- Chair -- Expenses.
(1) The Resource Development Coordinating Committee consists of the following 26
members:
(a) the state science advisor;
(b) a representative from the Department of Agriculture and Food appointed by the
commissioner of the Department of Agriculture and Food;
(c) a representative from the Department of Cultural and Community Engagement
appointed by the executive director of the Department of Cultural and Community
Engagement;
(d) a representative from the Department of Environmental Quality appointed by the
executive director of the Department of Environmental Quality;
(e) a representative from the Department of Natural Resources appointed by the
executive director of the Department of Natural Resources;
(f) a representative from the Department of Transportation appointed by the executive
director of the Department of Transportation;
(g) a representative from the Governor's Office of Economic Opportunity appointed by
the director of the Governor's Office of Economic Opportunity;
(h) a representative from the Housing and Community Development Division
appointed by the director of the Housing and Community Development Division;
(i) a representative from the [
Division of State History
] 
Utah Historical Society
appointed by the director of the [
Division of State History
] 
Utah Historical Society
;
(j) a representative from the Division of Air Quality appointed by the director of the
Division of Air Quality;
(k) a representative from the Division of Drinking Water appointed by the director of
the Division of Drinking Water;
(l) a representative from the Division of Environmental Response and Remediation
appointed by the director of the Division of Environmental Response and Remediation;
(m) a representative from the Division of Waste Management and Radiation Control
appointed by the director of the Division of Waste Management and Radiation Control;
(n) a representative from the Division of Water Quality appointed by the director of the
Division of Water Quality;
(o) a representative from the Division of Oil, Gas, and Mining appointed by the
director of the Division of Oil, Gas, and Mining;
(p) a representative from the Division of Parks appointed by the director of the
Division of Parks;
(q) a representative from the Division of Outdoor Recreation appointed by the director
of the Division of Outdoor Recreation;
(r) a representative from the Division of Forestry, Fire, and State Lands appointed by
the director of the Division of Forestry, Fire, and State Lands;
(s) a representative from the Utah Geological Survey appointed by the director of the
Utah Geological Survey;
(t) a representative from the Division of Water Resources appointed by the director of
the Division of Water Resources;
(u) a representative from the Division of Water Rights appointed by the director of the
Division of Water Rights;
(v) a representative from the Division of Wildlife Resources appointed by the director
of the Division of Wildlife Resources;
(w) a representative from the School and Institutional Trust Lands Administration
appointed by the director of the School and Institutional Trust Lands Administration;
(x) a representative from the Division of Facilities Construction and Management
appointed by the director of the Division of Facilities Construction and Management;
(y) a representative from the Division of Emergency Management appointed by the
director of the Division of Emergency Management; and
(z) a representative from the Division of Conservation, created under Section 
4-46-401
,
appointed by the director of the Division of Conservation.
(2) (a) As particular issues require, the coordinating committee may, by majority vote
of the members present, appoint additional temporary members to serve as ex officio voting
members.
(b) Those ex officio members may discuss and vote on the issue or issues for which
they were appointed.
(3) A chair shall be selected by a vote of 14 committee members with the concurrence
of the executive director.
(4) 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) 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 77. Section 
67-1-8.1
 is amended to read:
67-1-8.1.
Executive Residence Commission -- Recommendations as to use,
maintenance, and operation of executive residence.
(1) The Legislature finds and declares that:
(a) the state property known as the Thomas Kearns Mansion is a recognized state
landmark possessing historical and architectural qualities that should be preserved; and
(b) the Thomas Kearns Mansion was the first building listed on the National Register
of Historic Places in the state.
(2) As used in this section:
(a) "Executive residence" includes the:
(i) Thomas Kearns Mansion;
(ii) Carriage House building; and
(iii) grounds and landscaping surrounding the Thomas Kearns Mansion and the
Carriage House building.
(b) "Commission" means the Executive Residence Commission established in this
section.
(3) (a) An Executive Residence Commission is established to make recommendations
to the Division of Facilities Construction and Management for the use, operation, maintenance,
repair, rehabilitation, alteration, restoration, placement of art and monuments, or adoptive use
of the executive residence.
(b) The commission shall meet at least once a year and make any recommendations to
the Division of Facilities Construction and Management prior to August 1 of each year.
(4) The commission shall consist of nine voting members and one ex officio,
nonvoting member representing the Governor's Mansion Foundation. The membership shall
consist of:
(a) three private citizens appointed by the governor, who have demonstrated an interest
in historical preservation;
(b) three additional private citizens appointed by the governor with the following
background:
(i) an interior design professional with a background in historic spaces;
(ii) an architect with a background in historic preservation and restoration
recommended by the Utah chapter of the American Institute of Architects; and
(iii) a landscape architect with a background and knowledge of historic properties
recommended by the Utah chapter of the American Society of Landscape Architects;
(c) the director, or director's designee, of the Division of Art and Museums;
(d) the director, or director's designee, of the [
Division of State History
] 
Utah
Historical Society
; and
(e) the executive director, or executive director's designee, of the Department of
Government Operations.
(5) (a) Except as required by Subsection (5)(b), as terms of current commission
members expire, the governor shall appoint each new member or reappointed member to a
four-year term ending on March 1.
(b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
commission members are staggered so that approximately half of the commission is appointed
every two years.
(6) (a) The governor shall appoint a chair from among the membership of the
commission.
(b) Six members of the commission shall constitute a quorum, and either the chair or
two other members of the commission may call meetings of the commission.
(7) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(8) 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
.
(9) The Division of Facilities Construction and Management shall provide the
administrative support to the commission.
Section 78. Section 
76-9-704
 is amended to read:
76-9-704.
Abuse or desecration of a dead human body -- Penalties.
(1) For purposes of this section, "dead human body" includes any part of a human body
in any stage of decomposition, including ancient human remains as defined in Section
[
9-8-302
] 
9-8a-302
.
(2) A person is guilty of abuse or desecration of a dead human body if the person
intentionally and unlawfully:
(a) fails to report the finding of a dead human body to a local law enforcement agency;
(b) disturbs, moves, removes, conceals, or destroys a dead human body or any part of
it;
(c) disinters a buried or otherwise interred dead human body, without authority of a
court order;
(d) dismembers a dead human body to any extent, or damages or detaches any part or
portion of a dead human body; or
(e) (i) commits or attempts to commit upon any dead human body any act of sexual
penetration, regardless of the sex of the actor and of the dead human body; and
(ii) as used in Subsection (2)(e)(i), "sexual penetration" means penetration, however
slight, of the genital or anal opening by any object, substance, instrument, or device, including
a part of the human body, or penetration involving the genitals of the actor and the mouth of
the dead human body.
(3) A person does not violate this section if when that person directs or carries out
procedures regarding a dead human body, that person complies with:
(a) [
Title 9, Chapter 8, Part 3, Antiquities
] 
Title 9, Chapter 8a, Part 3, Antiquities
;
(b) Title 26, Chapter 4, Utah Medical Examiner Act;
(c) Title 26, Chapter 28, Revised Uniform Anatomical Gift Act;
(d) Title 53B, Chapter 17, Part 3, Use of Dead Bodies for Medical Purposes;
(e) Title 58, Chapter 9, Funeral Services Licensing Act; or
(f) Title 58, Chapter 67, Utah Medical Practice Act, which concerns licensing to
practice medicine.
(4) (a) Failure to report the finding of a dead human body as required under Subsection
(2)(a) is a class B misdemeanor.
(b) Abuse or desecration of a dead human body as described in Subsections (2)(b)
through (e) is a third degree felony.
Section 79. 
Repealer.
This bill repeals:
Section 
9-7-209
,
Depository libraries.
Section 
9-7-210
,
Micrographics and other copying and transmission techniques.
Section 
9-8-501
,
Short title.
Section 
9-24-103
,
Main Street Program Advisory Committee -- Membership --
Duties.
Section 80. 
Effective date.
(1) Except as provided in Subsection (2), this bill takes effect on July 1, 2023.
 (2) The changes affecting Section 
63N-10-202
 take effect on May 3, 2023.
Section 81. 
 Coordinating H.B. 302 with S.B. 57 -- Substantive and technical
amendments.
If this H.B. 302 and S.B. 57, Sexual Abuse Material Amendments, both pass and
become law, it is the intent of the Legislature that the Office of Legislative Research and
General Counsel shall prepare the Utah Code database for publication on July 1, 2023, by:
 (1) amending Subsection 
9-7-215
(2)(a)(i)(B) to read:
"
(B) that protects against access to visual depictions that are[
:
] 
child sexual abuse
materials, harmful to minors, or obscene; and
[
(I) child pornography;
]
[
(II) harmful to minors; or
]
[
(III) obscene; and
]
"; and
(2) amending Subsection 
9-7-215
(2)(b)(i)(B) to read:
"
(B) that protects against access to visual depictions that are[
:
] 
child sexual abuse
materials, harmful to minors, or obscene; and
[
(I) child pornography; or
]
[
(II) obscene; and
]
".