Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 115 (2024GS)

Sponsor

Rep. Watkins, C.

Final action

Governor Signed 3/18/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• revises definitions;
• modifies the Utah Arts and Museums Advisory Board and its duties;
• modifies the Utah Historical Society's duties;
• modifies the State Historic Preservation Office's duties;
• modifies the Utah Commission on Service and Volunteerism and its duties; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 8, 2024 at 10:13 AM by lpoole.
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Thu, Feb 15, 2024 at 11:26 AM by lpoole.
CULTURAL AND COMMUNITY ENGAGEMENT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Christine F. Watkins
Senate Sponsor: 
 Scott D. Sandall
LONG TITLE
General Description:
This bill modifies provisions related to cultural and community engagement.
Highlighted Provisions:
This bill:
▸ revises definitions;
▸ modifies the Utah Arts and Museums Advisory Board and its duties;
▸ modifies the Utah Historical Society's duties;
▸ modifies the State Historic Preservation Office's duties;
▸ modifies the Utah Commission on Service and Volunteerism and its duties; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
9-6-102
, as last amended by Laws of Utah 2020, Chapter 419
9-6-201
, as last amended by Laws of Utah 2020, Chapters 154, 419
9-6-202
, as last amended by Laws of Utah 2020, Chapters 154, 419
9-6-301
, as repealed and reenacted by Laws of Utah 2020, Chapter 419
9-6-302
, as repealed and reenacted by Laws of Utah 2020, Chapter 419
9-6-303
, as repealed and reenacted by Laws of Utah 2020, Chapter 419
9-6-502
, as last amended by Laws of Utah 2020, Chapter 419
9-6-504
, as last amended by Laws of Utah 2020, Chapter 419
9-6-505
, as last amended by Laws of Utah 2020, Chapter 419
9-7-101
 (Superseded 07/01/24)
, as last amended by Laws of Utah 2023, Chapters 160,
291
9-7-101
 (Effective 07/01/24)
, as last amended by Laws of Utah 2023, Chapters 157,
160 and 291 and last amended by Coordination Clause, Laws of Utah 2023, Chapter
291
9-7-201
, as last amended by Laws of Utah 2023, Chapters 160, 291 and last amended
by Coordination Clause, Laws of Utah 2023, Chapter 291
9-7-205
, as last amended by Laws of Utah 2023, Chapters 160, 291 and last amended
by Coordination Clause, Laws of Utah 2023, Chapter 291
9-8-203
, as last amended by Laws of Utah 2023, Chapter 160
9-8a-203
, as renumbered and amended by Laws of Utah 2023, Chapter 160
9-20-201
, as last amended by Laws of Utah 2021, Chapter 184
9-20-202
, as renumbered and amended by Laws of Utah 2019, Chapter 221
9-20-204
, as renumbered and amended by Laws of Utah 2019, Chapter 221
9-20-205
, as renumbered and amended by Laws of Utah 2019, Chapter 221
9-20-206
, as renumbered and amended by Laws of Utah 2019, Chapter 221
63I-1-209
, as last amended by Laws of Utah 2020, Chapters 154, 232 and last amended
by Coordination Clause, Laws of Utah 2020, Chapter 154
RENUMBERS AND AMENDS:
9-8a-206
, (Renumbered from 9-8-906, as enacted by Laws of Utah 2023, Chapter 202)
REPEALS:
9-6-305
, as repealed and reenacted by Laws of Utah 2020, Chapter 419
9-6-306
, as repealed and reenacted by Laws of Utah 2020, Chapter 419
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
9-6-102
 is amended to read:
9-6-102.
Definitions.
As used in this chapter:
(1) 
Ŝ→ 
(a)
 ←Ŝ
 "Arts" means the various branches of creative human activity, including
61a visual arts,
film, performing arts, sculpture, literature, music, theater, dance, digital arts, video-game arts,
and cultural vitality.
63a 
Ŝ→ 
(b) "Arts" includes traditional, folk, classical, ethnic, contemporary, and other art forms.
63b 
←Ŝ
(2) "Arts 
and museums
 board" means the Utah Arts 
and Museums
 Advisory Board
created in Section 
9-6-301
.
(3) "Development" includes:
(a) constructing, expanding, or repairing a museum or other facility that houses arts or
cultural presentations;
(b) providing for public information, preservation, and access to museums, the arts,
and the cultural heritage of the state; and
(c) supporting the professional development of artists, cultural administrators, and
cultural leaders within the state.
(4) "Director" means the director of the Division of Arts and Museums.
(5) "Division" means the Division of Arts and Museums.
(6) "Museum" means an organized and permanent institution that:
(a) is owned or controlled by the state, a county, or a municipality, or is a nonprofit
organization;
(b) has an educational or aesthetic purpose;
(c) owns or curates a tangible collection; and
(d) exhibits the collection to the public on a regular schedule.
[
(7) "Museums board" means the Utah Museums Advisory Board created in Section
9-6-305
.
]
Section 2. Section 
9-6-201
 is amended to read:
9-6-201.
Division of Arts and Museums -- Creation -- Powers and duties.
(1) There is created within the department the Division of Arts and Museums under the
administration and general supervision of the executive director or the designee of the
executive director.
(2) The division shall:
(a) advance the interests of arts and museums in the state in all stages of development;
(b) promote and encourage the development of arts
, museums,
 and culture in the state;
(c) support the efforts of state and local government and nonprofit arts, museums, and
cultural organizations to encourage the development of arts, museums, and culture in the state;
(d) provide assistance to museums in the state to improve museums' ability to:
(i) care for and manage collections;
(ii) develop quality educational resources such as exhibitions, collections, and
publications;
(iii) provide access to collections for research; and
(iv) provide other services as needed;
(e) assist arts and museum organizations in the state in cultural development as needed;
(f) cooperate with federal agencies and locally sponsor federal projects directed to the
development of arts, museums, and culture in the state;
(g) develop the influence of arts 
and museums
 in education and life-long learning;
(h) cooperate with the private sector, including businesses, charitable interests,
educational interests, manufacturers, agriculturalists, and industrialists in arts, museums, and
cultural endeavors;
(i) disseminate information related to arts, museums, and culture by utilizing broadcast
media and print media;
(j) foster, promote, encourage, and facilitate the study, creation, and appreciation of the
arts, museums, and culture in the state;
(k) foster, promote, encourage, and facilitate, the study, creation, and appreciation of
the works of indigenous artists in the state;
(l) advise state and local government agencies and employees regarding arts and
museums related issues, including arts and museums capital development projects;
(m) provide technical advice and information about sources of technical assistance to
arts, museums, and cultural organizations in the state;
(n) develop, coordinate, and support programs, workshops, seminars, and similar
activities that provide training for staff members of arts, museums, and cultural organizations
in the state;
(o) undertake research to understand the training needs of the arts, museums, and
cultural organizations community and assess how those needs can be met;
(p) administer grant programs to assist eligible arts, museums, and cultural
organizations in the state; and
(q) create strategic partnerships to advance the development of arts, museums, and
cultural organizations in the state.
Section 3. Section 
9-6-202
 is amended to read:
9-6-202.
Division director.
(1) The chief administrative officer of the division shall be a director appointed by the
executive director in consultation with the arts [
board and the
] 
and
 museums board.
(2) The director shall be a person experienced in administration and knowledgeable
about the arts and museums.
(3) In addition to the division, the director is the chief administrative officer for[
: (a)
] 
the Utah Arts 
and Museums
 Advisory Board created in Section 
9-6-301
[
; and
]
.
[
(b) the Utah Museums Advisory Board created in Section 
9-6-305
.
]
Section 4. Section 
9-6-301
 is amended to read:
9-6-301.
Utah Arts and Museums Advisory Board.
(1) There is created within the division the Utah Arts 
and Museums
 Advisory Board.
(2) (a) Except as provided in Subsections (2)(b) and [
(2)(f)
] 
(2)(g)
, the arts 
and
museums
 board shall consist of [
] 
up to 17
 members appointed by the governor to four-year
terms 
Ŝ→ [
[
] ←Ŝ
 with the consent of the Senate 
Ŝ→ [
]
] ←Ŝ
 .
(b) The governor shall, at the time of appointment or reappointment, adjust the length
of terms to ensure that the terms of arts 
and museums
 board members are staggered so that
approximately half of the arts 
and museums
 board is appointed every two years.
(c) The governor shall appoint [
eight
] 
up to seven
 members who are working artists or
administrators, one from each of the following areas:
(i) visual arts
, architecture, or design
;
[
(ii) architecture or design;
]
[
(iii)
] 
(ii)
 literature;
[
(iv)
] 
(iii)
 music;
[
(v)
] 
(iv)
 folk, traditional, or native arts;
[
(vi)
] 
(v)
 theater;
[
(vii)
] 
(vi)
 dance; and
[
(viii)
] 
(vii)
 media arts.
(d) The governor shall appoint six members who are qualified, trained, and
experienced museum professionals, including three members, who each have a minimum of
five years continuous paid work experience at a museum.
[
(d)
] 
(e)
 The governor shall appoint [
three
] 
up to two
 members who are knowledgeable
in or appreciative of the arts 
or museums
.
[
(e)
] 
(f)
 The governor shall appoint 
up to
 two members who have expertise in
technology, marketing, business, or finance.
[
(f)
] 
(g)
 Before January 1, [
] 
, the governor may appoint up to [
three
] 
seven
additional members who are knowledgeable in or appreciative of the arts 
or museums
:
(i) for terms that shall end before [
January 1, 2026
] 
June 30, 2027
; and
(ii) in which case the arts 
and museums
 board may consist of up to [
] 
 members
until [
January 1, 2026
] 
June 30, 2027
.
(3) The governor shall appoint members from the state [
at large
] with due
consideration for 
organizational size and
 geographical representation.
(4) When a vacancy occurs in the membership for any reason, the governor shall
appoint a replacement member for the unexpired term within one month from the time of the
vacancy.
(5) A simple majority of the voting members of the arts 
and museums
 board constitutes
a quorum for the transaction of business.
(6) (a) The arts 
and museums
 board members shall elect a chair and a vice chair from
among the arts 
and museums
 board's members.
(b) The chair and the vice chair shall serve a term of 
up to
 two years.
(7) The arts 
and museums
 board shall meet at least [
once
] 
twice
 each year.
(8) A member of the arts 
and museums
 board may not receive compensation or
benefits for the member's service, but may receive per diem and travel expenses in accordance
with:
(a) Sections 
63A-3-106
 and 
63A-3-107
; and
(b) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(9) Except as provided in Subsection (8), a member may not receive any gifts, prizes,
or awards of money from division funds during the member's term of office.
Section 5. Section 
9-6-302
 is amended to read:
9-6-302.
Arts and museums board powers and duties.
(1) The arts 
and museums
 board may:
(a) with the concurrence of the director, make rules governing the conduct of the arts
and museums
 board's business in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act; and
(b) receive gifts, bequests, and property.
(2) The arts 
and museums
 board shall:
(a) act in an advisory capacity for the division;
(b) appoint an arts 
acquisition
 collection committee as described in Section 
9-6-303
 to
advise the division and the arts 
and museums
 board regarding the works of art acquired and
maintained under this part; and
(c) with the concurrence of the director, approve the allocation of arts 
and museums
grant money and State of Utah Alice Merrill Horne Art Collection acquisition funding.
Section 6. Section 
9-6-303
 is amended to read:
9-6-303.
Art collection committee.
(1) (a) The arts 
and museums
 board with the concurrence of the director shall appoint
an arts 
acquisition
 collection committee composed of any combination of artists, art historians,
museum professionals,
 gallery owners, knowledgeable art collectors, art appraisers, [
and
] 
or
judges of art.
(b) The arts collection committee shall make recommendations to the division and the
arts 
and museums
 board regarding the works of art acquired and maintained as part of the State
of Utah Alice Merrill Horne Art Collection created in Section 
9-6-304
.
(2) (a) Except as provided in Subsection (2)(b), the arts 
and museums
 board with the
concurrence of the director shall appoint each member of the arts collection committee to a
four-year term.
(b) The arts 
and museums
 board shall, at the time of appointment or reappointment,
adjust the length of the initial terms of arts collection committee members to ensure that the
terms are staggered so that approximately half of the arts collection committee is appointed
every two years.
(3) When a vacancy occurs in the membership of the arts 
acquisition
 collection
committee, the replacement shall be recommended by the remaining members of the art
collection committee and then appointed by the arts 
and museums
 board with the concurrence
of the director for the unexpired term.
(4) A member of the arts collection committee may not receive compensation or
benefits for the member's service, but may receive per diem and travel expenses in accordance
with:
(a) Sections 
63A-3-106
 and 
63A-3-107
; and
(b) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 7. Section 
9-6-502
 is amended to read:
9-6-502.
Utah Arts and Museums Endowment Fund.
(1) There is created an expendable special revenue fund known as the "Utah Arts and
Museums Endowment Fund."
(2) The state fund shall be administered by the division in accordance with applicable
law.
(3) Any administrative costs incurred by the division shall be reviewed by the
appropriate appropriations committee of the Legislature.
(4) The state fund shall contain all money appropriated to the state fund by the
Legislature, all federal funds received for purposes of this part, plus interest and other income
earned on money in the state fund.
(5) The division shall distribute money in the state fund to qualifying arts and museum
organizations to assist those organizations in creating their own arts 
and museums
 endowment
funds.
(6) The division may use money in the state fund for expenses related to administering
the state fund.
Section 8. Section 
9-6-504
 is amended to read:
9-6-504.
Duties of the division.
The division, in accordance with the provisions of this part, shall:
(1) allocate money from the state fund to the endowment fund created by a qualifying
organization under Section 
9-6-503
;
(2) determine the eligibility of each qualifying organization to receive money from the
state fund;
(3) determine the matching amount each qualifying organization shall raise in order to
qualify to receive money from the state fund;
(4) establish a date by which each qualifying organization shall provide its matching
funds;
(5) verify that matching funds have been provided by each qualifying organization by
the date determined in Subsection (4); and
(6) (a) in accordance with the provisions of this part and Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, the division may establish criteria by rule for determining the
eligibility of qualifying organizations to receive money from the state fund; and
(b) in making rules under this Subsection (6), the division may consider the
recommendations of the arts [
board and the
] 
and
 museums board.
Section 9. Section 
9-6-505
 is amended to read:
9-6-505.
Eligibility requirements of qualifying arts and museum organizations --
Allocation limitations -- Matching requirements.
(1) Any qualifying organization may apply to receive money from the state fund to be
deposited in an endowment fund the organization has created under Section 
9-6-503
:
(a) if the qualifying organization has received a grant from the division during one of
the three years immediately before making application for state fund money under this
Subsection (1); or
(b) upon recommendation of the arts 
and museums
 board [
or the museums board
] if the
qualifying organization has not received a grant from the board within the past three years.
(2) (a) The maximum amount that may be allocated to each qualifying organization
from the state fund shall be determined by the division by calculating the average cash income
of the qualifying organization during the past three fiscal years as contained in the qualifying
organization's final reports on file with the division.
(b) The division shall notify each qualifying organization of the maximum amount of
money from the state fund for which the qualifying organization qualifies.
(c) The minimum amount that may be allocated to each qualifying organization from
the state fund is $2,500.
(d) If the maximum amount for which the organization qualifies under the calculation
described in Subsection (2)(a) is less than $2,500, the organization may still apply for $2,500.
(3) (a) After the division determines that a qualifying organization is eligible to receive
money from the state fund and before any money is allocated to the qualifying organization
from the state fund, the qualifying organization shall match the amount qualified for with
money raised and designated exclusively for that purpose.
(b) State money, in-kind contributions, and preexisting endowment gifts may not be
used to match money from the state fund.
(4) The amount of match money described in Subsection (3) that a qualifying
organization is required to provide shall be based on a sliding scale as follows:
(a) any amount requested not exceeding $100,000 shall be matched one-to-one;
(b) any additional amount requested that makes the aggregate amount requested exceed
$100,000 but not exceed $500,000 shall be matched two-to-one; and
(c) any additional amount requested that makes the aggregate amount requested exceed
$500,000 shall be matched three-to-one.
(5) (a) Qualifying organizations shall raise the matching amount within three years
after applying for money from the state fund by a date determined by the division.
(b) Money from the state fund shall be released to the qualifying organization only
upon verification by the board that the matching money has been received on or before the date
determined under Subsection (5)(a).
(c) Verification of matching funds shall be made by a certified public accountant.
(d) Money from the state fund shall be released to qualifying organizations with
professional endowment management in increments not less than $20,000 as audited
confirmation of matching funds is received by the division.
(e) Money from the state fund shall be granted to each qualifying organization on the
basis of the matching funds a qualifying organization has raised by the date determined under
Subsection (5)(a).
Section 10. Section 
9-7-101 (Superseded 07/01/24)
 is amended to read:
9-7-101 (Superseded 07/01/24).
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
.
(3) "Division" means the State Library Division.
(4) "Legislative staff office" means the Office of Legislative Research and General
Counsel.
(5) "Legislative publication" means:
(a) the Utah Code after the legislative staff office prepares an updated Utah Code
database incorporating amendments to the Utah Code;
(b) the Laws of Utah; and
(c) the Utah Constitution after the legislative staff office incorporates into the Utah
Constitution amendments to the Utah Constitution that passed during the preceding regular
general election.
(6) "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.
(7) "Physical format" means a transportable medium in which analog or digital
information is published, such as print, microform, magnetic disk, or optical disk.
(8) "Policy" means the public library online access policy adopted by a library board to
meet the requirements of Section 
9-7-215
.
(9) "Political subdivision" means a county, city, town, school district, public transit
district, redevelopment agency, or special improvement or taxing district.
(10) (a) "State agency" means:
(i) the state; or
(ii) an office, department, 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.
(11) "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.
(12) (a) "State publication" means any information issued or published by a state
agency for distribution.
(b) "State publication" includes a book, compilation, directory, map, fact sheet,
newsletter, brochure, bulletin, journal, magazine, pamphlet, periodical, report, 
video recording,
and electronic publication.
(c) "State publication" does not include public information, as that term is defined in
Section 
63A-16-601
.
Section 11. Section 
9-7-101 (Effective 07/01/24)
 is amended to read:
9-7-101 (Effective 07/01/24).
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
.
(3) "Division" means the State Library Division.
(4) "Internet policy" means the public library online access policy required in Section
9-7-215
.
(5) "Legislative staff office" means the Office of Legislative Research and General
Counsel.
(6) "Legislative publication" means:
(a) the Utah Code after the legislative staff office prepares an updated Utah Code
database incorporating amendments to the Utah Code;
(b) the Laws of Utah; and
(c) the Utah Constitution after the legislative staff office incorporates into the Utah
Constitution amendments to the Utah Constitution that passed during the preceding regular
general election.
(7) "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.
(8) "Physical format" means a transportable medium in which analog or digital
information is published, such as print, microform, magnetic disk, or optical disk.
(9) "Political subdivision" means a county, city, town, school district, public transit
district, redevelopment agency, or special improvement or taxing district.
(10) (a) "State agency" means:
(i) the state; or
(ii) an office, department, 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.
(11) "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.
(12) (a) "State publication" means any information issued or published by a state
agency for distribution.
(b) "State publication" includes a book, compilation, directory, map, fact sheet,
newsletter, brochure, bulletin, journal, magazine, pamphlet, periodical, report, 
video recording,
and electronic publication.
(c) "State publication" does not include public information, as that term is defined in
Section 
63A-16-601
.
Section 12. 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) (a) The division shall function as the library authority for:
(i) general library services;
(ii) mobile library services;
(iii) providing for permanent public access to state publications; and
(iv) other services considered proper for a state library.
(b) The division is responsible for [
publishing
] 
providing access to
 legislative
publications, as provided in this part, that the legislative staff office deposits with the division.
Section 13. 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 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 state publications and legislative publications library program by
collecting state publications and legislative publications, providing access to state publications
and legislative publications through the digital library, and providing a bibliographic
[
information
] 
control
 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 14. Section 
9-8-203
 is amended to read:
9-8-203.
Society duties.
(1) The society shall:
(a) stimulate research, study, and activity in the field of Utah history and related
history;
(b) maintain a specialized history library;
(c) collect, preserve, and administer historical records relating to the history of Utah;
(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;
(e) edit and publish historical records;
(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;
(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;
(h) subject to legislative appropriations, provide grants and technical assistance as
necessary and appropriate;
(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 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 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)
] 
(b)
 enter into cooperative agreements with other groups and organizations to
collect and maintain the information needed for the inventory 
described in Subsection (3)(a)
;
[
(iii)
] 
(c)
 encourage the use of volunteers to help collect the information and to
maintain the inventory 
described in Subsection (3)(a)
;
[
(iv)
] 
(d)
 publicize the information in the inventory 
described in Subsection (3)(a)
 in a
variety of forms and media, especially to encourage Utah citizens and tourists to visit the
markers and monuments;
[
(v)
] 
(e)
 work with public and private landowners, heritage organizations, and
volunteer groups to help maintain, repair, and landscape around the markers and monuments;
and
[
(vi)
] 
(f)
 make the inventory 
described in Subsection (3)(a)
 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 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 15. Section 
9-8a-203
 is amended to read:
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) (a) create and maintain an inventory of all active and inactive cemeteries
throughout the state;
(b) enter into cooperative agreements with local governments and other groups and
organizations to collect and maintain the information needed for the inventory described in
Subsection (14)(a);
(c) encourage the use of volunteers to help collect the information and to maintain the
inventory described in Subsection (14)(a);
(d) encourage cemetery owners, or in the case of inactive or small historic cemeteries,
volunteers, to create and maintain geographic information systems to record burial sites;
(e) publicize the information in the inventory described in Subsection (14)(a) in a
variety of forms and media, especially to encourage Utah citizens to participate in the care and
upkeep of historic cemeteries;
(f) 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
(g) make the inventory described in Subsection (14)(a) available to any person upon
request;
(15) (a) create and maintain a public electronic record of each cemetery location and
each burial location;
(b) help maintain, repair, and landscape cemeteries, grave sites, and tombstones by
providing matching grants to:
(i) municipal cemeteries;
(ii) cemetery maintenance districts;
(iii) endowment care cemeteries;
(iv) private nonprofit cemeteries;
(v) genealogical associations; or
(vi) other nonprofit groups with an interest in cemeteries; and
(c) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, governing the process for awarding grants under Subsection (15)(b),
including rules that ensure recipients use grant money for projects that are cost effective and
completed in accordance with applicable professional standards;
[
(14)
] 
(16)
 perform other duties as designated under 54 U.S.C. Sec. 302303; and
[
(15)
] 
(17)
 perform other duties as designated by the department and by statute.
Section 16. Section 
9-8a-206
, which is renumbered from Section 9-8-906 is
renumbered and amended to read:
[
9-8-906
].
 9-8a-206.
Utah Archaeological and Historic Sites Grant Program.
(1) The office shall:
(a) administer the money contained in the grant program; and
(b) select qualified recipients in accordance with Subsection (2).
(2) The office may distribute the money from the grant program to 
Ŝ→ 
or on behalf of
 ←Ŝ
597a a private landowner:
(a) that applies to the office, in a manner prescribed by the office, to receive 
Ŝ→ [
all or part
of the money contained in
] 
 funding or technical assistance through
 ←Ŝ
 the grant program; and
(b) 
Ŝ→ 
by direct payment to the landowner or a third party
 ←Ŝ
 for 
Ŝ→ 
work related
600a 
to
 ←Ŝ
 identifying and protecting archaeological resources on the landowner's property,
if the private landowner 
Ŝ→ 
or third party
 ←Ŝ
 contributes an amount of money 
Ŝ→ 
or in-kind
601a 
work
 ←Ŝ
 equal to or greater
601a than the amount of
money 
Ŝ→ [
the landowner receives
] 
 received
 ←Ŝ
 from the grant program.
Section 17. Section 
9-20-201
 is amended to read:
9-20-201.
Creation -- Members -- Appointment -- Terms -- Vacancies -- Per diem
and expenses.
(1) There is created the Utah Commission on Service and Volunteerism consisting of
19 voting members and one nonvoting member.
(2) The 19 voting members of the commission are:
(a) the lieutenant governor;
(b) the commissioner of higher education or the commissioner's designee;
(c) the state superintendent of public instruction or the superintendent's designee;
(d) the executive director of the Department of Cultural and Community Engagement
or the executive director's designee;
(e) nine members appointed by the governor as follows:
(i) an individual with expertise in the educational, training, and developmental needs of
youth, particularly disadvantaged youth;
(ii) an individual with experience in promoting the involvement of older adults in
volunteer service;
(iii) a representative of a community-based agency or organization within the state;
(iv) a representative of local government;
(v) a representative of a local labor organization in the state;
(vi) a representative of business;
(vii) an individual between the ages of 16 and 25 who participates in a volunteer or
service program;
(viii) a representative of a national service program; and
(ix) a representative of the volunteer sector; and
(f) six members appointed by the governor from among the following groups:
(i) local educators;
(ii) experts in the delivery of human, educational, cultural, environmental, or public
safety services to communities and individuals;
(iii) representatives of Native American tribes;
(iv) representatives of organizations that assist out-of-school youth or other at-risk
youth; or
(v) representatives of entities that receive assistance under the Domestic Volunteer
Service Act of 1973, 42 U.S.C. 4950 et seq.
(3) The nonvoting member of the commission is the [
state
] 
regional
 representative of
the corporation.
(4) (a) In appointing persons to serve on the commission, the governor shall ensure
that:
(i) no more than 10 voting members of the commission are members of the same
political party; and
(ii) no more than five voting members of the commission are state government
employees.
(b) In appointing persons to serve on the commission, the governor shall strive for
balance on the commission according to race, ethnicity, age, gender, [
and
] disability
characteristics
, and geography
.
(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
three-year term.
(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 one-third of the commission is
appointed every year.
(6) When a vacancy occurs in the membership, the replacement shall be appointed for
the unexpired term.
(7) A member appointed by the governor may not serve more than two consecutive
terms.
(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
.
Section 18. Section 
9-20-202
 is amended to read:
9-20-202.
Election of commission chair and vice chair.
(1) The chair as of May 1, 2024, remains the chair until the completion of the chair's
current term.
[
(1)
] 
(2)
 Subject to Subsection [
(2)
] 
(3)
, the voting members of the commission shall
elect a [
chair and a
] vice chair from among the voting members of the commission.
[
(2)
] 
(3)
 The voting members of the commission may not elect the lieutenant governor
as [
chair or
] vice chair of the commission.
[
(3)
] 
(4)
 The chair and vice chair shall serve for a term of one year.
(5) The chair becomes the past chair after the chair completes the one-year term.
(6) The vice chair becomes the chair after the vice chair completes the one-year term.
(7) (a) Subject to Subsection (7)(b), if for any reason the chair does not complete a
one-year term, the voting members of the commission shall elect a chair from among the voting
members of the commission to complete the unexpired term.
(b) The voting members of the commission may not elect the lieutenant governor as the
chair of the commission.
Section 19. Section 
9-20-204
 is amended to read:
9-20-204.
Meetings -- Quorum.
(1) The commission shall meet [
at least quarterly
] 
at least four times each year at the
call of the chair
.
[
(2) A voting member of the commission who fails to attend at least 75% of called
meetings in a calendar year is automatically removed from the commission.
]
[
(3)
] 
(2)
 A commission quorum is a simple majority of the voting members.
Section 20. Section 
9-20-205
 is amended to read:
9-20-205.
Commission duties.
(1) The commission shall:
(a) administer the selection, development, and oversight of programs funded and
established by the act;
(b) pursue opportunities for sustainable and high-impact community service;
(c) develop and annually update a three-year [
community
] 
state
 service plan [
for the
state
], including the establishment of state priorities; and
(d) stimulate increased community awareness of the impact of volunteer service in the
state.
(2) (a) The commission may, subject to Title 63J, Chapter 5, Federal Funds Procedures
Act, receive and accept federal funds, and may receive and accept private gifts, donations, or
funds from any source.
(b) Money received under this Subsection (2) shall be deposited with the state and shall
be available to the commission to carry out the purposes of this part.
Section 21. Section 
9-20-206
 is amended to read:
9-20-206.
Reporting and administration.
(1) The executive director 
of the department
, in consultation with the commission,
shall appoint a director of the commission who is:
(a) experienced in administration; and
(b) qualified by education or training in the field of public administration.
(2) The director of the commission shall report to the executive director.
(3) The commission shall:
(a) report to the office of the lieutenant governor; and
(b) by January 1, provide an annual written report to the lieutenant governor on service
and volunteerism in the state.
(4) The department shall provide administrative and staff support services to the
commission.
Section 22. Section 
63I-1-209
 is amended to read:
63I-1-209.
Repeal dates: Title 9.
(1) Section 
9-6-303
, which creates the Arts Collection Committee, is repealed July 1,
2027.
[
(2) Section 
9-6-305
, which creates the Utah Museums Advisory Board, is repealed
July 1, 2027.
]
[
(3)
] 
(2)
 Section 
9-9-405
, which creates the Native American Remains Review
Committee, is repealed July 1, 2025.
[
(4)
] 
(3)
 Title 9, Chapter 20, Utah Commission on Service and Volunteerism Act, is
repealed July 1, 2026.
Section 23. 
Repealer.
This bill repeals:
Section 
9-6-305
,
Utah Museums Advisory Board.
Section 
9-6-306
,
Museums board power and duties.
Section 24. 
Effective date.
This bill takes effect on May 1, 2024.