Bill Summary – FastDemocracy

Enrolled Copy                                                                             H.B. 414
                        RECORDS MANAGEMENT AMENDMENTS
                                       2023 GENERAL SESSION
                                            STATE OF UTAH
                                  Chief Sponsor: Casey Snider
                                Senate Sponsor: Lincoln Fillmore
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 LONG TITLE
 General Description:
        This bill modifies provisions relating to the management of certain records.
 Highlighted Provisions:
        This bill:
        < modifies provisions relating to the purposes and duties of the State Library
 Division;
        < includes the Utah Code, the Laws of Utah, and biennial versions of the Utah
 Constitution within the digital library that the State Library Division is required to
 publish;
        < requires the Office of Legislative Research and General Counsel to deposit digital
 copies of those publications with the State Library Division;
        < provides for the Office of Legislative Research and General Counsel to be the
 repository and custodian of the official version of the Utah Constitution database, to
 update the constitution database as amendments are passed, and to maintain the
 bold face descriptive titles to sections of the Utah Constitution;
        < modifies provisions relating to the Office of Legislative Research and General
 Counsel's management of certain legislative records;
        < eliminates the responsibility of the Office of Legislative Research and General
 Counsel to maintain a legislative research library;
        < modifies duties of and other provisions relating to the state archivist;
        < requires the state archivist to retain and preserve certain legislative records;
        < provides for the transmission of certain legislative records to the state archivist for
       H.B. 414                                                                     Enrolled Copy
 retention and preservation; and
        < makes technical changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        This bill provides a special effective date.
        This bill provides a coordination clause.
 Utah Code Sections Affected:
 AMENDS:
        9-7-101, as last amended by Laws of Utah 2019, Chapter 221
        9-7-201, as renumbered and amended by Laws of Utah 1992, Chapter 241
        9-7-203, as last amended by Laws of Utah 2017, Chapter 48
        9-7-205, as last amended by Laws of Utah 2017, Chapter 48
        9-7-207, as last amended by Laws of Utah 2006, Chapter 81
        9-7-208, as repealed and reenacted by Laws of Utah 2006, Chapter 81
        36-12-12, as last amended by Laws of Utah 2003, Chapter 92
        63A-12-102, as last amended by Laws of Utah 2021, Chapter 344
        63G-2-703, as last amended by Laws of Utah 2015, Chapter 258
 ENACTS:
        63A-12-102.5, Utah Code Annotated 1953
50
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 9-7-101 is amended to read:
        9-7-101. Definitions.
        As used in this chapter:
        (1) "Board" means the State Library Board created in Section 9-7-204.
        (2) "Division" means the State Library Division.
        (3) "Legislative staff office" means the Office of Legislative Research and General
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       Enrolled Copy                                                                              H.B. 414
 Counsel.
         (4) "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.
         [(3)] (5) "Library board" means the library board of directors appointed locally as
 authorized by Section 9-7-402 or 9-7-502 and which exercises general policy authority for
 library services within a city or county of the state, regardless of the title by which the board is
 known locally.
         [(4)] (6) "Physical format" means a transportable medium in which analog or digital
 information is published, such as print, microform, magnetic disk, or optical disk.
         [(5)] (7) "Policy" means the public library online access policy adopted by a library
 board to meet the requirements of Section 9-7-215.
         [(6)] (8) "Political subdivision" means a county, city, town, school district, public
 transit district, redevelopment agency, or special improvement or taxing district.
         [(7)] (9) "State agency" means:
         (a) the state; or
         (b) an office, department, agency, authority, commission, board, institution, hospital,
 college, university, or other instrumentality of the state.
         [(8)] (10) (a) "State publication" means a book, compilation, directory, document,
 contract or grant report, hearing memorandum, journal, law, legislative bill, magazine, map,
 monograph, order, ordinance, pamphlet, periodical, proceeding, public memorandum,
 resolution, register, rule, report, statute, audiovisual material, electronic publication,
 micrographic form and tape or disc recording regardless of format or method of reproduction,
 issued or published by a state agency or political subdivision for distribution.
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        H.B. 414                                                                          Enrolled Copy
         (b) "State publication" does not include correspondence, internal confidential
 publications, office memoranda, university press publications, or publications of the state
 historical society.
         Section 2. Section 9-7-201 is amended to read:
         9-7-201. State Library Division -- Creation -- Purpose.
         (1) There is created within the department the State Library Division under the
 administration and general supervision of the executive director or the designee of the
 executive director.
         (2) The division shall be under the policy direction of the board.
         (3) The division shall function as the library authority for the state and is responsible
 for:
         (a) general library services[,];
         (b) extension services[,];
         (c) publishing legislative publications, as provided in this part, that the legislative staff
 office deposits with the division;
         (d) the preservation, distribution and exchange of state publications[,];
         (e) legislative reference[,]; and
         (f) other services considered proper for a state library.
         Section 3. Section 9-7-203 is amended to read:
         9-7-203. Division duties.
         The division shall:
         (1) establish, operate, and maintain a state publications collection, a digital library of
 state publications and legislative publications, a bibliographic control system, and depositories
 as provided in this part;
         (2) cooperate with:
         (a) other agencies to facilitate public access to government information through
 electronic networks or other means;
         (b) other state or national libraries or library agencies; and
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        Enrolled Copy                                                                              H.B. 414
         (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, with the approval of the Division of Finance.
         Section 4. Section 9-7-205 is amended to read:
         9-7-205. Duties of board and director.
         (1) The board shall:
         (a) promote, develop, and organize a state library and make provisions for its housing;
         (b) promote and develop library services throughout the state in cooperation with other
 state or municipal libraries, schools, or other agencies wherever practical;
         (c) promote the establishment of district, regional, or multicounty libraries as
 conditions within particular areas of the state may require;
         (d) supervise the books and materials of the state library and require the keeping of
 careful and complete records of the condition and affairs of the state library;
         (e) establish policies for the administration of the division and for the control,
 distribution, and lending of books and materials to those libraries, institutions, groups, or
 individuals entitled to them under this chapter;
         (f) serve as the agency of the state for the administration of state or federal funds that
 may be appropriated to further library development within the state;
         (g) aid and provide general advisory assistance in the development of statewide school
 library service and encourage contractual and cooperative relations between school and public
 libraries;
         (h) give assistance, advice, and counsel to all tax-supported libraries within the state
 and to all communities or persons proposing to establish a tax-supported library and conduct
 courses and institutes on the approved methods of operation, selection of books, or other
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        H.B. 414                                                                           Enrolled Copy
 activities necessary to the proper administration of a library;
         (i) furnish or contract for the furnishing of library or information service to state
 officials, state departments, or any groups that in the opinion of the director warrant the
 furnishing of those services, particularly through the facilities of traveling libraries to those
 parts of the state otherwise inadequately supplied by libraries;
         (j) where sufficient need exists and if the director considers it advisable, establish and
 maintain special departments in the state library to provide services for the blind, visually
 impaired, persons with disabilities, and professional, occupational, and other groups;
         (k) administer a depository library program by collecting state publications and
 legislative publications, and providing a bibliographic information system;
         (l) require the collection of information and statistics necessary to the work of the state
 library and the distribution of findings and reports;
         (m) make any report concerning the activities of the state library to the governor as the
 governor may require; and
         (n) develop standards for public libraries.
         (2) The director shall, under the policy direction of the board, carry out the
 responsibilities under Subsection (1).
         Section 5. Section 9-7-207 is amended to read:
         9-7-207. Deposit of state publications and legislative publications.
         (1) (a) (i) Each state agency and political subdivision publishing a digital version of a
 state publication shall deposit a digital copy with the division.
         (ii) (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.
         (b) Each state agency and political subdivision shall deposit with the division copies of
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        Enrolled Copy                                                                             H.B. 414
 each state publication that it elects to publish in a physical format in the numbers specified by
 the state librarian.
         (c) The division shall forward two copies of each state publication published in a
 physical format deposited with it by a state agency to the Library of Congress, one copy to the
 state archivist, at least one copy to each depository library, and retain two copies.
         (2) Each state agency or political subdivision shall deposit with the division a digital
 copy of each audio and video publication or recording issued by it for bibliographic listing and
 retention in the digital library.
         (3) Each state agency or political subdivision shall deposit with the division copies of
 audio and video publications or recordings issued by it in physical formats in the numbers
 specified by the state librarian for bibliographic listing and retention in the state library
 collection.
         (4) (a) The division shall publish or make available to the public through electronic
 networks a list of state agency publications.
         (b) The list shall be published periodically and distributed to depository libraries and
 the state archivist.
         (5) Materials the division considers not to be of major public interest will be listed, but
 no copies will be required for deposit.
         Section 6. Section 9-7-208 is amended to read:
         9-7-208. Digital library for permanent public access.
         (1) The division shall manage and maintain an online, web-accessible digital library for
 state publications and legislative publications.
         (2) The division shall provide for permanent public access to the publications in the
 digital library.
         (3) The library shall be accessible by agency, author, title, subject, keyword, and such
 other means as provided by the division.
         (4) (a) Each state agency publishing a digital version of a state publication shall deposit
 a digital copy of the publication with the division.
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        H.B. 414                                                                           Enrolled Copy
         (b) A state agency may not remove a state publication it posts to its public website until
 a copy is deposited into the digital library for permanent public access.
         Section 7. Section 36-12-12 is amended to read:
         36-12-12. Office of Legislative Research and General Counsel -- Established --
 Powers, functions, and duties -- Organization of office -- Selection of director and general
 counsel.
         (1) There is established an Office of Legislative Research and General Counsel as a
 permanent staff office for the Legislature.
         (2) The powers, functions, and duties of the Office of Legislative Research and General
 Counsel under the supervision of the director shall be:
         (a) to provide research and legal staff assistance to all standing, special, and interim
 committees as follows:
         (i) to assist each committee chairman in planning the work of the committee;
         (ii) to prepare and present research and legal information in accordance with committee
 instructions or instructions of the committee chairman;
         (iii) to prepare progress reports of committee work when requested; and
         (iv) to prepare a final committee report in accordance with committee instructions, that
 includes relevant research information, committee policy recommendations, and recommended
 legislation;
         (b) to collect and examine the acts and official reports of any state and report their
 contents to any committee or member of the Legislature;
         (c) to provide research and legal analysis services to any interim committee, legislative
 standing committee, or individual legislator on actual or proposed legislation or subjects of
 general legislative concern;
         [(d) to maintain a legislative research library that provides analytical, statistical, legal,
 and descriptive data relative to current and potential governmental and legislative subjects;]
         [(e)] (d) (i) to exercise under the direction of the general counsel the constitutional
 authority provided in Article VI, Sec. 32, Utah Constitution, in serving as legal counsel to the
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        Enrolled Copy                                                                                 H.B. 414
 Legislature, majority and minority leadership of the House or Senate, any of the Legislature's
 committees or subcommittees, individual legislators, any of the Legislature's staff offices, or
 any of the legislative staff; and
         (ii) to represent the Legislature, majority and minority leadership of the House or
 Senate, any of the Legislature's committees or subcommittees, individual legislators, any of the
 Legislature's staff offices, or any of the legislative staff in cases and controversies before courts
 and administrative agencies and tribunals;
         [(f)] (e) to prepare and assist in the preparation of legislative bills, resolutions,
 memorials, amendments, and other documents or instruments requi