reglab/statecodes huggingface dataset:
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 2 - State Library Division › Section 216 - Process and content standards for policy.

Superseded 7/1/2024
9-7-216.
Process and content standards for policy.
(1)
(a) Each library's policy shall be developed under the direction of the library board, adopted in an open meeting, and have an effective date. The library board shall review the policy at least every three years, and a footnote shall be added to the policy indicating the effective date of the last review.
(b) Notice of the availability of the policy shall be posted in a conspicuous place within the library for all patrons to observe. The library board may issue any other public notice it considers appropriate to inform the community about the policy.
(2) The policy shall:
(a) state:
(i) that it restricts access to Internet or online sites that contain material described in Section 9-7-215; and
(ii) how the library board intends to meet the requirements of Section 9-7-215;
(b) inform patrons that administrative procedures and guidelines for the staff to follow in enforcing the policy have been adopted and are available for review at the library; and
(c) inform patrons that procedures for use by patrons and staff to handle complaints about the policy, its enforcement, or about observed patron behavior have been adopted and are available for review at the library.
Amended by Chapter 193, 2004 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 2 - State Library Division › Section 216 - Process and content standards for Internet policy.

Effective 7/1/2024
9-7-216.
Process and content standards for Internet policy.
(1)
(a) Each library's Internet policy shall be developed under the direction of the library board, adopted in an open meeting, and have an effective date.
(b) The library board shall review the policy at least every three years.
(c)
(i) Notice of the availability of the policy shall be posted in a conspicuous place within the library for all patrons to observe.
(ii) The library board may issue any other public notice the library board considers appropriate to inform the community about the policy.
(2) The Internet policy shall include the following information:
(a) a statement indicating:
(i) that the library restricts access to Internet or online sites that contain material described in Section 9-7-215; and
(ii) how the library board intends to meet the requirements of Section 9-7-215;
(b) a statement informing patrons that administrative procedures and guidelines for the staff to follow in enforcing the policy have been adopted and are available for review at the library;
(c) a statement informing patrons that procedures for use by patrons and staff to handle complaints about the policy, the policy's enforcement, or about observed patron behavior have been adopted and are available for review at the library; and
(d) a footnote indicating the effective date of the last review of the policy under Subsection (1)(b).
Amended by Chapter 157, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 2 - State Library Division › Section 217 - Reporting.

Effective 5/13/2014
Superseded 7/1/2024
9-7-217.
Reporting.
The division shall submit a report to the department regarding the compliance of library boards with the provisions of Section 9-7-215 for inclusion in the annual written report described in Section 9-1-208.
Amended by Chapter 371, 2014 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 2 - State Library Division › Section 217 - Reporting.

Effective 7/1/2024
9-7-217.
Reporting.
The division shall submit a report to the department regarding the compliance of library boards with the provisions of Sections 9-7-215 and 9-7-218 for inclusion in the annual written report described in Section 9-1-208.
Amended by Chapter 157, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 2 - State Library Division › Section 218 - Criminal background check policy required -- Scope and content -- Dissemination.

Effective 7/1/2024
9-7-218.
Criminal background check policy required -- Scope and content -- Dissemination.
(1) As used in this section:
(a) "Minor" means an individual who is under 18 years old.
(b) "Public library" means a library established under Section 9-7-402 or 9-7-501.
(c) "Qualifying position" means any paid or unpaid employment position with a public library, including a volunteer position, that involves significant contact with minors, as determined by the public library's library board.
(d) "Qualifying prospective employee" means an individual who:
(i) is 18 years old or older; and
(ii) applies for a qualifying position with a public library.
(2) State funds may not be provided to a public library unless the public library implements a criminal background check policy that:
(a) meets the requirements of Subsection (3); and
(b) is adopted by:
(i) the library board in an open meeting; or
(ii) the county or city in which the public library is located.
(3) The criminal background check policy shall:
(a) identify each qualifying position with the public library;
(b) require each qualifying prospective employee to submit to a criminal background check as a condition of employment in a qualifying position;
(c) establish procedures for:
(i) gathering, submitting, and reviewing criminal background checks for qualifying prospective employees before making any offer of employment;
(ii) disqualifying a qualifying prospective employee from employment based on information received as a result of a criminal background check; and
(iii) allowing a qualifying prospective employee to respond to information received as a result of a criminal background check;
(d) ensure that a qualifying prospective employee who is disqualified from employment because of information obtained through a criminal background check receives:
(i) written notice of the reasons for the disqualification; and
(ii) an opportunity to respond to the reasons following the procedures established under Subsection (3)(c)(iii); and
(e) include an effective date that is stated in the criminal background check policy.
(4)
(a) The criminal background check policy shall be distributed to qualifying prospective employees and posted in a prominent location in the public library.
(b) A criminal background check policy adopted by a library board shall be reviewed by the library board at least every three years.
(5) Within appropriations made by the Legislature for this purpose, the State Library Board shall reimburse a county of the fourth, fifth, or sixth class, and a city of the fourth, fifth, or sixth class, for the costs of conducting criminal background checks under this section.
Enacted by Chapter 157, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 3 - State Law Library › Section 303 - Withdrawing books.

9-7-303.
Withdrawing books.
(1) Books may be taken from the State Law Library by:
(a) the members, officers, and staff of the Legislature;
(b) the officers and staff of the executive departments and of the several boards and commissions of the state government; and
(c) the justices of the Supreme Court, the judges of other state courts, and their staffs.
(2) No other person may withdraw any book from the State Law Library.
Renumbered and Amended by Chapter 241, 1992 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 3 - State Law Library › Section 304 - Book register -- Time limit.

9-7-304.
Book register -- Time limit.
(1) The state law librarian shall keep a register of all books issued and returned, showing to whom issued, by whom returned, and the time issued and returned.
(2) No book taken from the law library may be detained more than 10 days, except by permission of the state law librarian.
Amended by Chapter 176, 1998 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 3 - State Law Library › Section 305 - Injury to and failure to return books -- Action.

9-7-305.
Injury to and failure to return books -- Action.
(1) If any person injures any book owned by the state law library or fails to return any book taken from the State Law Library, that person shall pay the state law librarian all loss or damage sustained because of the injury or failure to return, including costs and reasonable attorneys' fees.
(2) The state law librarian, in behalf of the state, shall bring action in the name of the state for the collection of all damages sustained and all losses and penalties imposed under this section.
Amended by Chapter 176, 1998 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 3 - State Law Library › Section 307 - Catalogue -- Rules.

9-7-307.
Catalogue -- Rules.
The state law librarian shall catalogue all books, pamphlets, maps, charts, globes, papers, apparatus, and valuable specimens in the State Law Library and shall post in some conspicuous place a copy of the rules of the State Law Library. The catalogue shall be made available, whether electronically or in writing, to the persons entitled to withdraw books from the State Law Library under Section 9-7-303.
Amended by Chapter 176, 1998 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 3 - State Law Library › Section 308 - Books to be stamped and labeled.

9-7-308.
Books to be stamped and labeled.
The state law librarian shall cause every book in the State Law Library to be labeled with a printed or stamped label containing the words "Utah State Law Library," and shall cause the same words to be written or stamped on one or more pages of each volume.
Renumbered and Amended by Chapter 241, 1992 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 3 - State Law Library › Section 309 - Sale and exchange of books.

9-7-309.
Sale and exchange of books.
The state law librarian may sell or exchange any surplus or duplicate sets of books in the State Law Library and use the proceeds from the sale to purchase other books for the State Law Library.
Amended by Chapter 176, 1998 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 3 - State Law Library › Section 311 - Wrongful withdrawal of books -- Penalty.

9-7-311.
Wrongful withdrawal of books -- Penalty.
If any person not authorized by Section 9-7-303 takes a book from the State Law Library, either with or without the consent of the state law librarian, or violates any of the provisions of this part, that person shall be fined the full cost of replacing the book, plus $50 for each book so taken.
Amended by Chapter 176, 1998 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 3 - State Law Library › Section 312 - Disposition of fines and penalties.

9-7-312.
Disposition of fines and penalties.
All fines and penalties collected pursuant to the provisions of this part shall be paid into the state treasury for the benefit of the State Law Library.
Renumbered and Amended by Chapter 241, 1992 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 3 - State Law Library › Section 313 - Law library self-help center.

9-7-313.
Law library self-help center.
(1) The Utah State Law Library shall establish a statewide self-help center to assist self-represented parties to achieve fair and efficient resolution of their cases.
(2) The self-help center shall be staffed or directed by persons admitted to the practice of law in this state. Self-help center personnel may not represent parties or give legal advice.
(3) The self-help center shall provide to the public and all parties:
(a) information about:
(i) the availability of mediation services, and legal advice and representation through pro bono legal services;
(ii) low cost legal services;
(iii) legal aid programs; and
(iv) lawyer referral services;
(b) information about resources provided by law libraries;
(c) court forms and instructions, and help completing forms;
(d) answers to questions about the law, court process, and options; and
(e) educational materials and other services consistent with the purpose of this statute and the direction of the Judicial Council, including programs in other agencies and organizations.
Enacted by Chapter 368, 2012 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 4 - City Libraries › Section 402 - Establishment and maintenance of public library -- Library board of directors -- Expenses.

Effective 5/14/2019
9-7-402.
Establishment and maintenance of public library -- Library board of directors -- Expenses.
(1) A city's governing body may establish and maintain a public library.
(2) When the city governing body decides to establish and maintain a city public library under the provisions of this part, it shall appoint a library board of directors of not less than five members and not more than nine members, chosen from the citizens of the city and based upon their fitness for the office.
(3) Only one member of the city governing body may be, at any one time, a member of the library board.
(4) Each director shall serve without compensation, but their actual and necessary expenses incurred in the performance of their official duties may be paid from library funds.
Amended by Chapter 221, 2019 General Session
Amended by Chapter 301, 2019 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 4 - City Libraries › Section 403 - Library board terms -- Officers -- Removal -- Vacancies.

Effective 5/14/2019
9-7-403.
Library board terms -- Officers -- Removal -- Vacancies.
(1) Each director of a library board shall be appointed for a three-year term, or until the successor to that director is appointed. Initially, appointments shall be made for one-, two-, and three-year terms. Annually thereafter, the city governing body shall, before the first day of July of each year, appoint for a three-year term directors to take the place of the retiring directors.
(2) Directors shall serve not more than two consecutive full terms.
(3) The directors shall annually select a chairman and other officers.
(4) The city governing body may remove any director for misconduct or neglect of duty.
(5) Vacancies in a library board of directors shall be filled for the unexpired term in the same manner as original appointments.
Amended by Chapter 221, 2019 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 4 - City Libraries › Section 404 - Board powers and duties -- Library fund deposits and disbursements.

Effective 5/14/2019
9-7-404.
Board powers and duties -- Library fund deposits and disbursements.
(1) The library board of directors may, with the approval of the city governing body:
(a) have control of the expenditure of the library fund, of construction, lease, or sale of library buildings and land, and of the operation and care of the library; and
(b) purchase, lease, or sell land, and purchase, lease, erect, or sell buildings for the benefit of the library.
(2) The library board shall:
(a) maintain and care for the library;
(b) establish policies for its operation; and
(c) in general, carry out the spirit and intent of the provisions of this part.
(3) All tax money received for the library shall be deposited in the city treasury to the credit of the library fund, and may not be used for any purpose except that of the city library. These funds shall be drawn upon by the authorized officers of the city upon presentation of the properly authenticated vouchers of the library board. All money collected by the library shall be deposited to the credit of the library fund.
Amended by Chapter 221, 2019 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 4 - City Libraries › Section 405 - Rules -- Use of library.

Effective 5/14/2019
9-7-405.
Rules -- Use of library.
(1) The library board of directors shall make, amend, and repeal rules, not inconsistent with law, for the governing of the library.
(2) Each library established under this part shall be free to the use of the inhabitants of the city where located, subject to the rules adopted by the library board. The library board may exclude from the use of the library any person who willfully violates these rules. The library board may extend the privileges and use of the library to persons residing outside of the city upon terms and conditions it may prescribe by rule.
Amended by Chapter 221, 2019 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 4 - City Libraries › Section 406 - Reports to governing body and director of the division.

Effective 5/14/2019
9-7-406.
Reports to governing body and director of the division.
The library board of directors shall:
(1) provide an annual report to the city governing body on the condition and operation of the library, including a financial statement; and
(2) provide an annual report to the director of the division that contains the information required by the State Library Board.
Amended by Chapter 221, 2019 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 4 - City Libraries › Section 407 - Librarian and other personnel.

Effective 5/14/2019
9-7-407.
Librarian and other personnel.
(1) The library board of directors shall appoint a competent person as librarian to have immediate charge of the library with those duties and compensation for services that it determines. The librarian shall act as the executive officer for the library board.
(2) The library board shall appoint, upon the recommendation of the librarian, other personnel as needed.
Amended by Chapter 221, 2019 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 4 - City Libraries › Section 408 - Donations of money or property.

Effective 5/14/2019
9-7-408.
Donations of money or property.
Any person desiring to make donations of money, personal property, or real estate for the benefit of any library shall have the right to vest the title to the money, personal property, or real estate in the library board of directors. The donation shall be held and controlled by the library board, when accepted, according to the terms of the deed, gift, devise, or bequest of the property, and the library board shall be held and considered to be trustees of the property.
Amended by Chapter 221, 2019 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 4 - City Libraries › Section 409 - Entities may cooperate, merge, or consolidate in providing library services.

Effective 5/14/2019
9-7-409.
Entities may cooperate, merge, or consolidate in providing library services.
Library boards of directors of city libraries, library boards of directors of county libraries, boards of education, governing boards of other educational institutions, library agencies, and local political subdivisions may cooperate, merge, or consolidate in providing library services.
Amended by Chapter 221, 2019 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 4 - City Libraries › Section 410 - Consolidation with county library.

9-7-410.
Consolidation with county library.
(1) If a city library consolidates with a county library, the city library board of directors shall convey all assets and, except as provided in Subsection (2), trust funds to the county library board of directors, and the city library shall cease operation.
(2) If a conveyance of trust funds under Subsection (1) would constitute a violation of the trust agreement governing the trust funds, conveyance of those funds is not required, and those funds may continue to be used in accordance with the trust agreement for any library facility specified in the trust agreement, even after the facility becomes a county library facility because of consolidation.
Amended by Chapter 46, 2005 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 5 - County Libraries › Section 501 - Tax for establishment and maintenance of public library -- Library fund.

Effective 5/13/2014
9-7-501.
Tax for establishment and maintenance of public library -- Library fund.
(1) A county legislative body may establish and maintain a public library.
(2) For this purpose, counties may levy annually a tax not to exceed .001 of taxable value of taxable property in the county, outside of cities which maintain their own city libraries as authorized by Part 4, City Libraries. The tax is in addition to all taxes levied by counties and is not limited by the levy limitation imposed on counties by law. However, if bonds are issued for purchasing a site, or constructing or furnishing a building, then taxes sufficient for the payment of the bonds and any interest may be levied.
(3) The taxes shall be levied and collected in the same manner as other general taxes of the county and shall constitute a fund to be known as the county library fund.
Amended by Chapter 189, 2014 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 5 - County Libraries › Section 502 - Library board of directors -- Expenses.

Effective 5/14/2019
9-7-502.
Library board of directors -- Expenses.
(1)
(a) When the county legislative body decides to establish and maintain a county public library under the provisions of this part, the county executive shall, with the advice and consent of the county legislative body, appoint a library board of not less than five and not more than nine directors chosen from the citizens of the county and based upon their fitness for the office.
(b) When increasing membership on an existing library board, the county legislative body:
(i) may not add more than two positions in any year; and
(ii) when adding members, shall ensure that the terms of library board members are staggered so that approximately 1/4 of the board is selected each year.
(2) Only one member of the county legislative body may be, at any one time, a member of the library board.
(3) Each director shall serve without compensation, but the actual and necessary expenses incurred in the performance of the director's official duties may be paid from library funds.
Amended by Chapter 221, 2019 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 5 - County Libraries › Section 503 - Library board terms -- Officers -- Removal -- Vacancies.

Effective 5/14/2019
9-7-503.
Library board terms -- Officers -- Removal -- Vacancies.
(1) Each director of a library board shall be appointed for a four-year term, or until the director's successor is appointed. Initially, appointments shall be made for one-, two-, three-, and four-year terms, and one member of the county legislative body for the term of his elected office. Annually thereafter, the county executive body shall, before the first day of July of each year, appoint, with the advice and consent of the county legislative body, for a four-year term, one director to take the place of the retiring director.
(2) Directors shall serve not more than two consecutive full terms.
(3) The directors shall annually select a chairman and other officers.
(4) The county executive body may remove any director for misconduct or neglect of duty.
(5) Vacancies in a library board of directors shall be filled for the unexpired terms in the same manner as original appointments.
Amended by Chapter 221, 2019 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 5 - County Libraries › Section 504 - Library board duties -- Library fund deposits.

Effective 5/14/2019
9-7-504.
Library board duties -- Library fund deposits.
(1) The library board of directors shall, with the approval of the county executive and in accordance with county ordinances, policies, and procedures:
(a) be responsible for:
(i) the expenditure of the library fund;
(ii) the construction, lease, or sale of library buildings and land; and
(iii) the operation and care of the library; and
(b) purchase, lease, or sell land, and purchase, lease, construct, or sell buildings, for the benefit of the library.
(2) The library board has those powers and duties as prescribed by county ordinance, including establishing policies for collections and information resources that are consistent with state and federal law.
(3)
(a) All tax money received for the library shall be deposited in the county treasury to the credit of the library fund, and may not be used for any purpose except that of the county library.
(b) All money collected by the library shall be deposited to the credit of the library fund.
Amended by Chapter 221, 2019 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 5 - County Libraries › Section 505 - Rules -- Use of library.

Effective 5/14/2019
9-7-505.
Rules -- Use of library.
(1) Each library board shall make library rules in a manner consistent with county ordinances, policies, and procedures for the governing of the library.
(2) Each library established under this part shall be free to the use of the inhabitants of the area taxed for the support of the library, subject to the rules made as prescribed by county ordinance.
Amended by Chapter 221, 2019 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 5 - County Libraries › Section 506 - Annual reports.

Effective 5/14/2019
9-7-506.
Annual reports.
The library board of directors shall:
(1) provide an annual report to the county executive and county legislative body on the condition and operation of the library, including a financial statement; and
(2) provide an annual report to the director of the division that contains the information required by the State Library Board.
Amended by Chapter 221, 2019 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 5 - County Libraries › Section 507 - Librarian and other personnel.

Effective 5/14/2019
9-7-507.
Librarian and other personnel.
(1)
(a) The library board of directors shall recommend to the county executive for appointment a competent person to serve as librarian.
(b) The county executive shall, within 30 days of the recommendation, either make the appointment or request that the library board submit another recommendation.
(c) The librarian shall be an employee of the county subject to the personnel policies, procedures, and compensation plans approved by the county executive and county legislative body.
(d) The librarian shall act as the executive officer for the library board.
(2)
(a) All library personnel are employees of the county.
(b) The librarian or the librarian's designee shall hire library personnel in accordance with the county merit system, personnel policies and procedures, and compensation plans approved by the county executive and county legislative body.
(3) As used in this section "librarian" means the county library director.
Amended by Chapter 221, 2019 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 5 - County Libraries › Section 508 - Donations of money or property.

9-7-508.
Donations of money or property.
(1) A person desiring to make a donation of money, personal property, or real estate for the benefit of a library has the right to vest the title to the money, personal property, or real estate in the county, designated for the benefit and purposes of the library.
(2) The county shall hold donated personal property and real estate as prescribed by county ordinance according to the terms of the deed, gift, devise, or bequest of the property, and the county shall be the trustee of the property.
Amended by Chapter 47, 2003 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 5 - County Libraries › Section 509 - Entities may cooperate, merge, or consolidate in providing library services.

Effective 5/14/2019
9-7-509.
Entities may cooperate, merge, or consolidate in providing library services.
Library boards of directors of city libraries, library boards of directors of county libraries, boards of education, governing boards of other educational institutions, library agencies, and local political subdivisions may cooperate in providing library services or merge or consolidate under an interlocal agreement approved and implemented in accordance with Title 11, Chapter 13, Interlocal Cooperation Act.
Amended by Chapter 221, 2019 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 5 - County Libraries › Section 510 - Estimate of money.

9-7-510.
Estimate of money.
(1) The library board of directors shall furnish to the county executive and county legislative body, in writing, and prior to the time required by law to levy county taxes, an estimate of the amount of money necessary to establish, equip, and maintain the library, and to provide library services during the next ensuing fiscal year and shall certify the amount.
(2) The county legislative body may, at the time and in the manner of levying other taxes, impose the levy, but the levy may not exceed in any one year .001 per dollar of taxable value of taxable property in the county.
Amended by Chapter 305, 1995 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 7 - Library Development › Part 5 - County Libraries › Section 511 - Library bonds -- Issuance of previously voted bonds.

9-7-511.
Library bonds -- Issuance of previously voted bonds.
(1) When an election has been held in any county to authorize bonds of the county for the purpose of acquiring, improving, and extending a public library for the county, including the acquisition of equipment, furnishings, and books, and it was specified in the proposition that the bonds are to be payable from ad valorem taxes to be levied on all taxable property in the county, and when the election has carried, but none of the bonds authorized have been issued, the bonds authorized to be issued at election may be issued and shall be payable from taxes to be levied without limitation as to rate or amount on all taxable property in the county, despite any provision of law to the contrary in effect at the time of the election.
(2) All county library bonds that have been authorized but not yet issued, all county library bond elections previously held and carried, and all proceedings in connection with them that were adopted for the authorization of the bonds are hereby validated, ratified, approved, and confirmed, and the bonds, when issued in accordance with the election and proceedings, shall be binding, legal, valid, and enforceable obligations of the county issuing them in accordance with their terms.
Renumbered and Amended by Chapter 241, 1992 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8 - History Development › Part 1 - General Provisions › Section 102 - Definitions.

Effective 7/1/2023
9-8-102.
Definitions.
As used in this chapter:
(1) "Board" means the Board of State History.
(2) "Director" means the director of the Utah Historical Society.
(3) "Documentary materials" means written or documentary information contained in published materials, manuscript collections, archival materials, photographs, sound recordings, motion pictures, and other written, visual, and aural materials, except government records.
(4) "Historical artifacts" means objects produced or shaped by human efforts, a natural object deliberately selected and used by a human, an object of aesthetic interest, and any human-made objects produced, used, or valued by the historic peoples of Utah.
(5) "Museum of Utah" means the Museum of Utah created in Section 9-8-209.
(6) "Society" means the Utah Historical Society created in Section 9-8-201.
Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8 - History Development › Part 2 - Utah Historical Society › Section 201 - Utah Historical Society -- Creation -- Purpose.

Effective 7/1/2023
9-8-201.
Utah Historical Society -- Creation -- Purpose.
(1) There is created within the department the Utah Historical Society under the administration and general supervision of the executive director or the designee of the executive director.
(2) The division, with the advisement of the board, shall be the authority of the state for state history and shall perform those duties set forth in statute.
Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8 - History Development › Part 2 - Utah Historical Society › Section 202 - Appointment of director.

Effective 7/1/2023
9-8-202.
Appointment of director.
The executive director, in consultation with the board, shall appoint a director of the society:
(1) to serve as the chief administrative officer of the society; and
(2) who is experienced in administration and is qualified by education or training in the field of state history.
Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8 - History Development › Part 2 - Utah Historical Society › Section 204 - Board of State History.

Effective 7/1/2023
9-8-204.
Board of State History.
(1) There is created within the department the Board of State History.
(2) The board shall consist of 11 members appointed by the governor with the advice and consent of the Senate, in accordance with Title 63G, Chapter 24, Part 2, Vacancies, who are persons with an interest in the subject matter of the society's responsibilities.
(3)
(a) Except as required by Subsection (3)(b), the members shall be appointed for terms of four years and shall serve until their successors are appointed and qualified.
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term with the consent of the Senate.
(5) A simple majority of the board constitutes a quorum for conducting board business.
(6) The governor shall select a chair and vice chair from the board members.
(7) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(8) A member shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8 - History Development › Part 2 - Utah Historical Society › Section 205 - Board duties and powers.

Effective 7/1/2023
9-8-205.
Board duties and powers.
(1) The board shall:
(a) make policies to direct the director in carrying out the director's duties;
(b) approve the society's rules; and
(c) make recommendations to the society for the development of programs consistent with this chapter.
(2) The board may establish subcommittees to assist the board, the office, and the society in carrying out the responsibilities under this chapter.
Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8 - History Development › Part 2 - Utah Historical Society › Section 206 - Historical magazine, books, documents, and microfilms -- Proceeds.

Effective 7/1/2023
9-8-206.
Historical magazine, books, documents, and microfilms -- Proceeds.
(1) The society shall, under the direction of the board:
(a) compile and publish an historical magazine to be furnished to supporting members of the society in accordance with membership subscriptions or to be sold independently of membership; and
(b) publish and sell other books, documents, and microfilms at reasonable prices to be approved by the director.
(2) Proceeds from sales under this section shall be deposited into the General Fund as a dedicated credit.
Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8 - History Development › Part 2 - Utah Historical Society › Section 207 - Donations -- Accounting.

Effective 1/1/2024
9-8-207.
Donations -- Accounting.
(1) The society may:
(a) solicit memberships from persons interested in the work of the society and charge dues for memberships commensurate with the advantages of membership and the needs of the society; and
(b) receive gifts, donations, bequests, devises, and endowments of money or property, which shall then become the property of the state of Utah.
(2)
(a) If the donor directs that money or property donated under Subsection (1)(b) be used in a specified manner, then the society shall use the money or property in accordance with the specified directions.
(b) Except as provided in Subsection (2)(a), all donated money and the proceeds from donated property, together with the charges realized from society memberships, shall be deposited in the General Fund as restricted revenue of the society.
Amended by Chapter 33, 2023 General Session
Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8 - History Development › Part 2 - Utah Historical Society › Section 209 - Museum of Utah -- Creation -- Duties.

Effective 7/1/2023
9-8-209.
Museum of Utah -- Creation -- Duties.
(1) There is created within the society the Museum of Utah under the administration and supervision of the director or the designee of the director.
(2) The Museum of Utah shall:
(a) function as an educational outlet for the society to educate the public on Utah history and culture;
(b) support the efforts of museums, historical organizations, and other cultural organizations in the state to promote and preserve Utah history and culture;
(c) serve as a repository of historical artifacts acquired by the department;
(d) stimulate research, study, and activity in the field of Utah history, museum studies, and related fields of study;
(e) exhibit collections to the public on a regular schedule;
(f) facilitate strategic partnerships to advance the development of museums, historical organizations, and other cultural organizations in the state; and
(g) establish and coordinate best practices among museum professionals and volunteers in the state.
Enacted by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8 - History Development › Part 7 - Endowment Funds for History Organizations › Section 701 - Definitions.

Effective 7/1/2023
9-8-701.
Definitions.
As used in this part:
(1) "Endowment fund" means any history endowment fund created under this part by a qualifying organization.
(2) "Qualifying organization" means any Utah nonprofit history organization or local government that qualifies under this chapter to create an endowment fund, receive state money into the endowment fund, match state money deposited into the endowment fund, and expend interest earned on the endowment fund.
Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8 - History Development › Part 7 - Endowment Funds for History Organizations › Section 703 - History organization endowment funds.

Effective 5/4/2022
9-8-703.
History organization endowment funds.
(1)
(a) A qualifying organization may create an endowment fund into which there may be deposited money from funds made available for that purpose.
(b) The principal of each endowment fund may not be expended by the qualifying organization and shall be held in perpetuity solely by the qualifying organization or by the Division of Finance on behalf of the qualifying organization.
(c) Only interest income earned on the amount in each endowment fund may be expended by the qualifying organization.
(d) The principal of each endowment fund shall be invested in accordance with Title 51, Chapter 7, State Money Management Act.
(2)
(a) An endowment fund shall be administered in accordance with generally accepted accounting principles by professional endowment management personnel.
(b) If no professional endowment management personnel is available to the qualifying organization, the qualifying organization shall place the endowment fund in a state fiduciary fund administered by the Division of Finance.
(3) If an endowment fund is administered by the Division of Finance:
(a) the Division of Finance shall allocate interest income to the qualifying organization annually; and
(b) the costs for the administration shall be deducted from the interest income before allocations of interest income may be made to the qualifying organization by the Division of Finance.
Amended by Chapter 451, 2022 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8 - History Development › Part 7 - Endowment Funds for History Organizations › Section 704 - Society duties.

Effective 7/1/2023
9-8-704.
Society duties.
The society shall, according to policy established by the board:
(1) allocate money from funds made available for that purpose to the endowment fund created by a qualifying organization under Section 9-8-703;
(2) determine the eligibility of each qualifying organization to receive money from funds made available for that purpose into the endowment fund of the qualifying organization;
(3) determine the matching amount each qualifying organization must raise in order to qualify to receive money from funds made available for that purpose;
(4) establish a date by which each qualifying organization must provide the qualifying organization's matching funds;
(5) verify that matching funds have been provided by each qualifying organization by the date determined in Subsection (4); and
(6) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules establishing criteria for determining the eligibility of qualifying organizations to receive money from funds made available for that purpose.
Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8 - History Development › Part 7 - Endowment Funds for History Organizations › Section 705 - Eligibility requirements of qualifying history organizations -- Allocation limitations -- Matching requirements.

Effective 7/1/2023
9-8-705.
Eligibility requirements of qualifying history organizations -- Allocation limitations -- Matching requirements.
(1) A qualifying organization may apply to receive money from funds made available for that purpose to be deposited into an endowment fund created under Section 9-8-703 if the qualifying organization has:
(a) received a grant from the society during one of the three years immediately before making application for money under this Subsection (1); or
(b) not received a grant from the society within the past three years, the qualifying organization may receive a grant upon approval by the society according to policy of the board.
(2)
(a) The maximum amount that may be allocated to each qualifying organization from funds made available for that purpose shall be determined by the society in a format to be developed in consultation with the board.
(b) The minimum amount that may be allocated to each qualifying organization from funds made available for that purpose is $2,500.
(3)
(a) After the society determines that a qualifying organization is eligible to receive money from funds made available for that purpose and before any money is allocated to the qualifying organization from available funds, the qualifying organization shall match the amount qualified for by money raised and designated exclusively for that purpose.
(b) State money and in-kind contributions may not be used to match money from funds made available for that purpose.
(4) Endowment match money shall be based on a sliding scale as follows:
(a) amounts requested up to $20,000 shall be matched one-to-one;
(b) any additional amount requested that makes the aggregate amount requested exceed $20,000 but not exceed $50,000 shall be matched two-to-one; and
(c) any additional amount requested that makes the aggregate amount requested exceed $50,000 shall be matched three-to-one.
(5)
(a) Qualifying organizations shall raise the matching amount by a date determined by the board.
(b)
(i) Money from funds made available for that purpose shall be released to the qualifying organization upon verification by the society that the matching money has been received on or before the date determined under Subsection (5)(a).
(ii) Verification of matching funds shall be made by a certified public accountant.
(c) Money from funds made available for that purpose shall be released to qualifying organizations with professional endowment management in increments of at least $2,500 as audited confirmation of matching funds is received by the board.
(d) Money from funds made available for that purpose shall be granted to each qualifying organization on the basis of the matching funds the qualifying organization has raised by the date determined under Subsection (5)(a).
Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8 - History Development › Part 7 - Endowment Funds for History Organizations › Section 707 - Spending restrictions -- Return of endowment.

Effective 7/1/2023
9-8-707.
Spending restrictions -- Return of endowment.
(1) A qualifying organization that has received endowment money from funds made available for that purpose:
(a) may not expend the money or the required matching money in the endowment fund; and
(b) may expend the interest income earned on the money in the endowment fund.
(2) If a qualifying organization expends money in violation of Subsection (1), the qualifying organization shall return the amount of money allocated by the society under this part to the Division of Finance.
Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8 - History Development › Part 7 - Endowment Funds for History Organizations › Section 708 - Federal match.

Effective 7/1/2023
9-8-708.
Federal match.
Funds allocated by the society under this part to enable qualifying organizations to create their own endowment funds may be construed as a state match for any history funding from the federal government that may be provided.
Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8 - History Development › Part 8 - Preserve Our Heritage Act › Section 802 - Definitions.

9-8-802.
Definitions.
As used in this part:
(1) "Agency" means any administrative unit of Utah's state government or local government.
(2) "Collecting institutions" means historical societies, museums, archives, and libraries that:
(a) are operated by nonprofit corporations in Utah or by any Utah agency; and
(b) preserve our heritage and benefit society by acquiring and preserving reposited materials.
(3) "Reposited materials" means materials of historical, artistic, literary, or scientific value that are deposited in a collecting institution.
Renumbered and Amended by Chapter 241, 1992 General Session