reglab/statecodes huggingface dataset:
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 6 - Arts and Museums Development › Part 3 - Advisory Boards › Section 301 - Utah Arts Advisory Board.

Effective 5/12/2020
9-6-301.
Utah Arts Advisory Board.
(1) There is created within the division the Utah Arts Advisory Board.
(2)
(a) Except as provided in Subsections (2)(b) and (2)(f), the arts board shall consist of 13 members appointed by the governor to four-year terms with the consent of the Senate.
(b) The governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of arts board members are staggered so that approximately half of the arts board is appointed every two years.
(c) The governor shall appoint eight members who are working artists or administrators, one from each of the following areas:
(i) visual arts;
(ii) architecture or design;
(iii) literature;
(iv) music;
(v) folk, traditional, or native arts;
(vi) theater;
(vii) dance; and
(viii) media arts.
(d) The governor shall appoint three members who are knowledgeable in or appreciative of the arts.
(e) The governor shall appoint two members who have expertise in technology, marketing, business, or finance.
(f) Before January 1, 2026, the governor may appoint up to three additional members who are knowledgeable in or appreciative of the arts:
(i) for terms that shall end before January 1, 2026; and
(ii) in which case the arts board may consist of up to 16 members until January 1, 2026.
(3) The governor shall appoint members from the state at large with due consideration for geographical representation.
(4) When a vacancy occurs in the membership for any reason, the governor shall appoint a replacement member for the unexpired term within one month from the time of the vacancy.
(5) A simple majority of the voting members of the arts board constitutes a quorum for the transaction of business.
(6)
(a) The arts board members shall elect a chair and a vice chair from among the arts board's members.
(b) The chair and the vice chair shall serve a term of two years.
(7) The arts board shall meet at least once each year.
(8) A member of the arts board may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Sections 63A-3-106 and 63A-3-107; and
(b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(9) Except as provided in Subsection (8), a member may not receive any gifts, prizes, or awards of money from division funds during the member's term of office.
Repealed and Re-enacted by Chapter 419, 2020 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 6 - Arts and Museums Development › Part 3 - Advisory Boards › Section 302 - Arts board powers and duties.

Effective 5/12/2020
9-6-302.
Arts board powers and duties.
(1) The arts board may:
(a) with the concurrence of the director, make rules governing the conduct of the arts board's business in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(b) receive gifts, bequests, and property.
(2) The arts board shall:
(a) act in an advisory capacity for the division;
(b) appoint an arts collection committee as described in Section 9-6-303 to advise the division and the arts board regarding the works of art acquired and maintained under this part; and
(c) with the concurrence of the director, approve the allocation of arts grant money and State of Utah Alice Merrill Horne Art Collection acquisition funding.
Repealed and Re-enacted by Chapter 419, 2020 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 6 - Arts and Museums Development › Part 3 - Advisory Boards › Section 303 - Art collection committee.

Affected by 63I-1-209 on 7/1/2027
Effective 5/12/2020
9-6-303.
Art collection committee.
(1)
(a) The arts board with the concurrence of the director shall appoint an arts collection committee composed of any combination of artists, art historians, gallery owners, knowledgeable art collectors, art appraisers, and judges of art.
(b) The arts collection committee shall make recommendations to the division and the arts board regarding the works of art acquired and maintained as part of the State of Utah Alice Merrill Horne Art Collection created in Section 9-6-304.
(2)
(a) Except as provided in Subsection (2)(b), the arts board with the concurrence of the director shall appoint each member of the arts collection committee to a four-year term.
(b) The arts board shall, at the time of appointment or reappointment, adjust the length of the initial terms of arts collection committee members to ensure that the terms are staggered so that approximately half of the arts collection committee is appointed every two years.
(3) When a vacancy occurs in the membership of the arts collection committee, the replacement shall be recommended by the remaining members of the art collection committee and then appointed by the arts board with the concurrence of the director for the unexpired term.
(4) A member of the arts collection committee may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Sections 63A-3-106 and 63A-3-107; and
(b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Repealed and Re-enacted by Chapter 419, 2020 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 6 - Arts and Museums Development › Part 3 - Advisory Boards › Section 304 - State of Utah Alice Merrill Horne Art Collection.

Effective 5/12/2020
9-6-304.
State of Utah Alice Merrill Horne Art Collection.
(1) There is created the State of Utah Alice Merrill Horne Art Collection.
(2) The State of Utah Alice Merrill Horne Art Collection:
(a) consists of all works of art acquired under this part; and
(b) shall be held as the property of the state and under the control of the division.
(3) Works of art in the State of Utah Alice Merrill Horne Art Collection may be loaned for exhibition purposes in accordance with recommendations from the arts board and rules made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(4) The division shall:
(a) take reasonable precautions to avoid damage or destruction to works of art in the State of Utah Alice Merrill Horne Art Collection;
(b) procure insurance coverage for the works of art in the State of Utah Alice Merrill Horne Art Collection; and
(c) ensure that all works of art shipped to and from any exhibition under this section are packed by an expert packer.
(5)
(a) The division may only deaccession works of art in the State of Utah Alice Merrill Horne Art Collection in accordance with rules made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(b) A work of art in the State of Utah Alice Merrill Horne Art Collection that is to be deaccessioned in accordance with division rule is not state surplus property as that term is defined in Section 63A-2-101.5, and the division is not subject to the surplus property program described in Section 63A-2-401 for that work of art.
Repealed and Re-enacted by Chapter 419, 2020 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 6 - Arts and Museums Development › Part 3 - Advisory Boards › Section 305 - Utah Museums Advisory Board.

Affected by 63I-1-209 on 7/1/2027
Effective 5/12/2020
9-6-305.
Utah Museums Advisory Board.
(1) There is created within the division the Utah Museums Advisory Board.
(2)
(a) Except as provided in Subsection (2)(b), the museums board shall consist of 11 members appointed by the governor to four-year terms.
(b) The governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of museums board members are staggered so that approximately half of the museums board is appointed every two years.
(3) The governor shall ensure that the museums board includes:
(a) three members who are qualified, trained, and experienced museum professionals, have a minimum of five years continuous paid work experience at a museum, and are selected from among recommendations proposed by the Utah Museums Association;
(b) at least three additional members who are qualified, trained, and experienced museum professionals; and
(c) remaining members who have demonstrated an active interest in Utah's museums.
(4) The governor shall appoint members from the state at large with due consideration for geographical representation.
(5) When a vacancy occurs in the membership for any reason, the governor shall appoint a replacement member for the unexpired term within one month from the time of the vacancy.
(6) A member of the museums board may only be reappointed for one additional term unless the governor determines that unusual circumstances warrant an additional term.
(7)
(a) The museums board members shall elect a chair and a vice chair from among the museums board's members.
(b) The chair and the vice chair shall serve a term of two years.
(8) A simple majority of the voting members of the museums board constitutes a quorum for the transaction of business.
(9) The museums board shall meet at least once each year.
(10) A member of the museums board may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Sections 63A-3-106 and 63A-3-107; and
(b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(11) Except as provided in Subsection (10), a member may not receive a gift, prize, or award of money from division funds during the member's term of office.
Repealed and Re-enacted by Chapter 419, 2020 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 6 - Arts and Museums Development › Part 3 - Advisory Boards › Section 306 - Museums board power and duties.

Effective 5/12/2020
9-6-306.
Museums board power and duties.
(1) The museums board may, with the concurrence of the director, make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, governing:
(a) the museum grants program; and
(b) the awarding of grant money to assist Utah's eligible museums.
(2) The museums board shall:
(a) act in an advisory capacity for the division, including making recommendations regarding the museum grants program and the awarding of grant money; and
(b) with the concurrence of the director, approve the awarding of museum grant money to assist Utah's eligible museums.
Repealed and Re-enacted by Chapter 419, 2020 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 6 - Arts and Museums Development › Part 4 - Utah Percent-for-Art Act › Section 402 - Purpose.

9-6-402.
Purpose.
This part is designed to:
(1) establish a program which administers that portion of appropriations for capital expenditures which is set aside for the acquisition of works of art used for public buildings;
(2) enhance the quality of life in the state by placing art of the highest quality in public spaces where it is seen by the general public;
(3) promote and preserve appreciation for and exposure to the arts; and
(4) foster cultural development in the state and encourage the creativity and talents of its artists and craftspeople.
Renumbered and Amended by Chapter 241, 1992 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 6 - Arts and Museums Development › Part 4 - Utah Percent-for-Art Act › Section 403 - Definitions.

9-6-403.
Definitions.
As used in this part:
(1) "Artist" means a practitioner in the visual arts, generally recognized by critics and the artist's peers as a professional who is committed to producing high quality work on a regular basis, and who is not the project architect or a member of the project's architectural firm.
(2) "Acquired or constructed" means acquired, constructed, reconstructed, restored, enlarged, improved, renovated, repaired, replaced, equipped, or furnished in whole or in part with state funds.
(3) "Contracting agency" means the state agency which is responsible for supervising the principal user of a state building or facility.
(4) "Principal user" means the department, board, commission, institution, or agency of the state for the principal use of which a state building or facility is acquired or constructed.
(5) "Program" means the Percent-for-Art Program created in this part.
(6) "Project" means the project whereby state buildings or facilities are acquired or constructed.
(7)
(a) "State building or facility" means a state building, permanent structure, facility, park, or appurtenant structure thereof, wholly or partially enclosed, which includes, but is not restricted to a space or facility used or to be used for carrying out the functions of a department, board, commission, institution, or agency of the state, including offices, hearing or meeting rooms, auditoriums, libraries, courtrooms, classrooms, workshops, laboratories, eating or sleeping facilities, or highway rest areas.
(b) "State building or facility" does not include motor pools, heating plants, sheds, sewers, parking lots, bridges, highways, or buildings used solely for storage or warehousing.
(8) "Work of art" or "works of art" means any form of original creation of visual art including, but not restricted to any sculpture, bas relief, high relief, mobile, fountain, painting, graphic, print, lithograph, etching, embossing, drawing, mural, mosaic, supergraphic, fresco, photograph, ceramic, fiber, mixed media, or combination of forms.
Amended by Chapter 4, 1993 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 6 - Arts and Museums Development › Part 4 - Utah Percent-for-Art Act › Section 404 - Creation of program -- Use of appropriations.

9-6-404.
Creation of program -- Use of appropriations.
(1) A Percent-for-Art Program shall be administered by the division.
(2) Any appropriation received by the director shall be used to acquire existing works of art or to commission the creation of works of art placed in or at appropriate state buildings or facilities as determined by the division. Any unexpended funds remaining at the end of the fiscal year shall be nonlapsing and not revert to the General Fund.
Renumbered and Amended by Chapter 241, 1992 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 6 - Arts and Museums Development › Part 4 - Utah Percent-for-Art Act › Section 405 - Procedures, guidelines, and rules.

Effective 3/28/2020
9-6-405.
Procedures, guidelines, and rules.
(1) The division shall follow these guidelines in administering the program:
(a) Works of art shall be acquired under the program for use only with respect to those buildings or facilities that the division determines have significant public use or access, especially where the design and technical construction of the building or facility lend themselves to works of art. All funds set aside and administered by the program from appropriations for any state building or facility of which any part is obtained from the issuance of bonds shall be used only to acquire works of art that will be placed in or at, and remain a part of, that building or facility, to the extent necessary to preserve the federal income tax exemption otherwise allowed for interest paid on the bonds.
(b) The goal of the division in administering the program is to fairly distribute works of art throughout the various social, economic, and geographic communities of the state.
(c) The division:
(i) shall give first preference to Utah artists; and
(ii) may consider artists from other states and give preference to artists from other states that have similar percent-for-art programs and demonstrate a reciprocal preference for Utah artists.
(d) The division shall involve the director of the Division of Facilities Construction and Management, or the director's designee, and the project architect in the process of screening or selecting works of art or artists to create works of art for each project and shall involve in that process representatives from the project's principal user or contracting agency, the community in which the project is located, and the art profession. The project's principal user or contracting agency shall have representation at least equal to any other entity on the selection committee, as designated by the project's president or director. Any selection and placement of art shall be by a majority decision of the user agency representatives on the committee and a majority decision of the entire committee. The selection and placement shall be approved by the president or director of the principal user.
(e) Any relocation of art placed under this program shall be done with the participation from the division and the Division of Facilities Construction and Management and with approval from the president or director of the principal user.
(f) The costs of administering the program and conserving and maintaining all works of art placed under the program are limited to 15% of the funds deposited in the Utah Percent-for-Art Account.
(2) The division shall adopt procedures, guidelines, and rules as necessary to implement this chapter and administer the program.
Amended by Chapter 261, 2020 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 6 - Arts and Museums Development › Part 4 - Utah Percent-for-Art Act › Section 406 - Director to enter into contracts.

9-6-406.
Director to enter into contracts.
The director may enter into contracts on behalf of the division to acquire works of art and to commission artists for the creation of works of art as selected by the division or committees established by the division, and may sue and be sued in the name of the division upon these contracts.
Renumbered and Amended by Chapter 241, 1992 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 6 - Arts and Museums Development › Part 4 - Utah Percent-for-Art Act › Section 407 - Title to work of art vests in the name of the state -- Title subject to restrictions and interests.

9-6-407.
Title to work of art vests in the name of the state -- Title subject to restrictions and interests.
(1) Title to a work of art acquired by or created for the program vests upon its completion, installation, and final acceptance in the division in the name of the state.
(2) Title to a work of art acquired from appropriations for any state building or facility of which any part is obtained from the issuance of bonds, and placed in or at that building or facility, is subject to the same restrictions and interests as title to that building or facility, to the extent necessary to preserve the federal income tax exemption otherwise allowed for interest paid on those bonds.
Renumbered and Amended by Chapter 241, 1992 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 6 - Arts and Museums Development › Part 4 - Utah Percent-for-Art Act › Section 408 - Division responsible for maintenance and security.

9-6-408.
Division responsible for maintenance and security.
The division is responsible, in cooperation with the contracting agency, for the conservation, maintenance, and security of all works of art placed in or at each state building or facility under the program.
Renumbered and Amended by Chapter 241, 1992 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 6 - Arts and Museums Development › Part 4 - Utah Percent-for-Art Act › Section 409 - Rights of artist commissioned by program.

9-6-409.
Rights of artist commissioned by program.
An artist who is commissioned by the program to create a work of art has the following rights with respect to that work of art:
(1) all rights secured to the artist under federal copyright laws;
(2) the right to claim authorship of the work of art;
(3) the right to photographic reproduction of the work of art;
(4) the right of first refusal:
(a) to conduct all repair and conservation work on the work of art in accordance with accepted principles of professional conservation; and
(b) to purchase the work of art if the state decides to sell it; and
(5) the right to deny further association of the artist's name with or authorship of the work of art if conservation or repair work is done by a person other than the artist, which in the opinion of the artist damages its integrity.
Renumbered and Amended by Chapter 241, 1992 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 6 - Arts and Museums Development › Part 5 - State Arts Endowment › Section 501 - Definitions.

Effective 5/12/2020
9-6-501.
Definitions.
As used in this part:
(1) "Endowment fund" means any endowment fund created under this chapter by a qualifying organization.
(2) "Qualifying organization" means any Utah nonprofit arts or museum organization that qualifies under this chapter to create an endowment fund, receive state money into the endowment fund, match state money deposited into the endowment fund, and expend interest earned on the endowment fund.
(3) "State fund" means the Utah Arts and Museums Endowment Fund created in Section 9-6-502.
Amended by Chapter 419, 2020 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 6 - Arts and Museums Development › Part 5 - State Arts Endowment › Section 502 - Utah Arts and Museums Endowment Fund.

Effective 5/12/2020
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 endowment funds.
(6) The division may use money in the state fund for expenses related to administering the state fund.
Amended by Chapter 419, 2020 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 6 - Arts and Museums Development › Part 5 - State Arts Endowment › Section 503 - Arts and museums endowment funds.

Effective 5/4/2022
9-6-503.
Arts and museums endowment funds.
(1) Any Utah nonprofit arts or museum organization that meets the requirements described in this part may create an endowment fund into which there may be deposited money from the state fund.
(2) The principal of each endowment fund described in this section may not be expended by the qualifying organization and shall be held in perpetuity solely by the qualifying organization.
(3) Interest income earned on the amount in each endowment fund described in this section may be expended by the qualifying organization.
(4) The principal of each endowment fund described in this section shall be invested in accordance with Title 51, Chapter 7, State Money Management Act.
(5) If a qualifying organization that creates an endowment fund as described in this section receives:
(a) $50,000 or more from the state fund, the money shall be administered by the qualifying organization's professional management in accordance with generally accepted accounting principles; or
(b) less than $50,000 from the state fund, the money shall be placed in a state fiduciary fund under the direction of the state treasurer, and the state treasurer shall allocate interest income to the qualifying organization.
(6) If an endowment fund is under the direction of the state treasurer, the state treasurer shall deduct administrative costs related to the endowment fund before allocating any interest income to the qualifying organization.
Amended by Chapter 451, 2022 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 6 - Arts and Museums Development › Part 5 - State Arts Endowment › Section 504 - Duties of the division.

Effective 5/12/2020
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 museums board.
Amended by Chapter 419, 2020 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 6 - Arts and Museums Development › Part 5 - State Arts Endowment › Section 506 - Unallocated money.

Effective 5/12/2020
9-6-506.
Unallocated money.
Money in the state fund that is unallocated shall be reallocated by the division on a proportionate basis to qualifying organizations that raise 100% of their required match by the date determined under Subsection 9-6-505(5)(a).
Amended by Chapter 419, 2020 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 6 - Arts and Museums Development › Part 5 - State Arts Endowment › Section 507 - Spending restrictions -- Return of endowment.

Effective 5/12/2020
9-6-507.
Spending restrictions -- Return of endowment.
(1) If a qualifying organization has received endowment money from the state fund, the qualifying organization may not expend any of that money or the required matching money in the qualifying organization's endowment fund, but may expend only the interest income earned on the money in the endowment fund.
(2) If the division determines that a qualifying organization has expended any amount of the endowment money received from the state fund or any amount of the required matching money:
(a) the qualifying organization shall return the amount of money the qualifying organization received from the state fund; and
(b) the division shall reallocate any such returned money to qualifying organizations in the manner as provided in Section 9-6-506.
Amended by Chapter 419, 2020 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 6 - Arts and Museums Development › Part 5 - State Arts Endowment › Section 508 - Federal match.

Effective 5/12/2020
9-6-508.
Federal match.
The creation of the state fund and the use of state fund money to enable qualifying organizations to create endowment funds may be construed as a state match for any arts funding provided by the federal government.
Amended by Chapter 419, 2020 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 1 - General Provisions › Section 101 - Definitions.

Effective 7/1/2023
Superseded 7/1/2024
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.
(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, and electronic publication.
(c) "State publication" does not include public information, as that term is defined in Section 63A-16-601.
Amended by Chapter 160, 2023 General Session
Amended by Chapter 291, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 1 - General Provisions › Section 101 - Definitions.

Effective 7/1/2024
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.
(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, and electronic publication.
(c) "State publication" does not include public information, as that term is defined in Section 63A-16-601.
Amended by Chapter 157, 2023 General Session
Amended by Chapter 160, 2023 General Session
Amended by Chapter 291, 2023 General Session, (Coordination Clause)
Amended by Chapter 291, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 2 - State Library Division › Section 201 - State Library Division -- Creation -- Purpose.

Effective 7/1/2023
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 legislative publications, as provided in this part, that the legislative staff office deposits with the division.
Amended by Chapter 160, 2023 General Session
Amended by Chapter 291, 2023 General Session, (Coordination Clause)
Amended by Chapter 291, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 2 - State Library Division › Section 202 - Appointment of director.

Effective 5/14/2019
9-7-202.
Appointment of director.
The executive director, in consultation with the board, shall appoint a director of the division:
(1) to serve as the chief administrative officer of the division; and
(2) who has a degree from an accredited institution in library science and has demonstrated administrative ability.
Amended by Chapter 221, 2019 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 2 - State Library Division › Section 203 - Division duties.

Effective 7/1/2023
9-7-203.
Division duties.
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 legislative publications; and
(c) a bibliographic control system;
(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.
Amended by Chapter 160, 2023 General Session
Amended by Chapter 291, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 2 - State Library Division › Section 204 - State Library Board -- Members -- Meetings -- Expenses.

Effective 5/14/2019
9-7-204.
State Library Board -- Members -- Meetings -- Expenses.
(1) There is created within the department the State Library Board.
(2)
(a) The board shall consist of nine members appointed by the governor.
(b) One member shall be appointed on recommendation from each of the following:
(i) the State Board of Education; and
(ii) the Utah System of Higher Education.
(c) Of the seven remaining members at least two shall be appointed from rural areas.
(3)
(a) Except as required by Subsection (3)(b), as terms of current board members expire, the governor shall appoint each new member or reappointed member to a four-year term.
(b) 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) The members may not serve more than two full consecutive terms.
(5) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term in the same manner as originally appointed.
(6) A simple majority of the members of the board constitutes a quorum for conducting board business.
(7) The governor shall select one of the board members as chair who shall serve for a period of two years.
(8) The director of the State Library Division is the executive officer of the board.
(9) 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.
Amended by Chapter 221, 2019 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 2 - State Library Division › Section 206 - State Library Donation Fund -- Deposits and fees.

9-7-206.
State Library Donation Fund -- Deposits and fees.
(1) There is created an expendable special revenue fund entitled the "State Library Donation Fund" to receive bequests, gifts, and endowments of money.
(2) Any interest or proceeds realized from the use or disposition of property received by the division or interest on the fund itself shall be deposited in the State Library Donation Fund and used by the State Library Division for the purposes specified by the donor.
(3) All fees paid to the library and collections made due to damaged books or through sale or exchange of books and other materials shall be deposited in the General Fund as dedicated credits for use by the State Library Division.
Amended by Chapter 400, 2013 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 2 - State Library Division › Section 207 - Deposit of state publications and legislative publications.

Effective 7/1/2023
9-7-207.
Deposit of state publications and legislative publications.
(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)
(a) Upon the legislative staff office's production of a legislative publication, the legislative staff office shall deposit with the division a digital copy of the legislative publication.
(b) The legislative staff office's deposit of a legislative publication with the division for the division to publish online, as provided in this part, is a method for the legislative staff office to comply with Section 46-5-108.
(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.
Amended by Chapter 160, 2023 General Session
Amended by Chapter 291, 2023 General Session, (Coordination Clause)
Amended by Chapter 291, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 2 - State Library Division › Section 208 - Digital library for permanent public access.

Effective 7/1/2023
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) and legislative publications.
(2) The division shall provide for permanent public access to 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) The division shall make state publications in the digital library available for download.
Amended by Chapter 160, 2023 General Session
Amended by Chapter 291, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 2 - State Library Division › Section 211 - Local libraries -- Annual reports.

9-7-211.
Local libraries -- Annual reports.
All municipal, city, county, and public school libraries shall submit an annual report to the director of the division on the condition and affairs of each library as required by the State Library Board.
Renumbered and Amended by Chapter 241, 1992 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 2 - State Library Division › Section 212 - Contracts with nonpublic libraries.

9-7-212.
Contracts with nonpublic libraries.
The director of the division, subject to the direction and approval of the State Library Board, may contract with nonpublic libraries to receive their library services and to otherwise coordinate the state library program with those libraries.
Renumbered and Amended by Chapter 241, 1992 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 2 - State Library Division › Section 213 - Rulemaking.

Effective 7/1/2023
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 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.
Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 2 - State Library Division › Section 214 - Intentionally defacing, injuring, destroying, or refusing to return property -- Misdemeanor.

Effective 5/8/2018
9-7-214.
Intentionally defacing, injuring, destroying, or refusing to return property -- Misdemeanor.
Whoever intentionally defaces, injures, or refuses to return on demand, or destroys any property belonging to the state library or loaned through its coordinating agencies or facilities, is guilty of a class B misdemeanor.
Amended by Chapter 148, 2018 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 2 - State Library Division › Section 215 - Internet and online access policy required.

Effective 7/1/2023
9-7-215.
Internet and online access policy required.
(1) As used in this section:
(a)"Child sexual abuse material" means the same as that term is defined in Section 76-5b-103.
(b) "Harmful to minors" means the same as that term is defined in Section 76-10-1201.
(c) "Obscene" means the same as that term is 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 sexual abuse materials, harmful to minors, or 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 sexual abuse materials, harmful to minors, or 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.
Amended by Chapter 160, 2023 General Session, (Coordination Clause)
Amended by Chapter 160, 2023 General Session
Amended by Chapter 231, 2023 General Session