Capitol Preservation Board (State), Administration

Rule R131-9

State Capitol Preservation Board Art Program and Policy

Notice of Proposed Rule

(Repeal and Reenact)

DAR File No.: 35686
Filed: 01/17/2012 01:27:43 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Pursuant to Sections 63C-9-401, 63C-9-402, 63C-9-702, and 63C-9-703, Utah Code, this rule defines the role of the Capitol Preservation Board (CPB), Executive Director of the CPB and the Capitol Art Placement Subcommittee in regard to art and exhibits on the Capitol Hill complex including Capitol Hill Facilities and Capitol Hill Grounds. The reason for the repeal and reenactment of this rule is that the rule has been reorganized and simplified for easier use by the public. Also, the roles of the Executive Director, Arts Placement Subcommittee (Subcommittee) and the CPB have been clarified. In particular: 1) a display of art or an exhibit for more than six months is referred to as a "Long Term Event (Display)" and is considered an action regarding content placement, removal, or relocation under Section 63C-9-703 which requires action by the CPB after reviews by the Executive Director and the Subcommittee; and 2) an event involving art or an exhibit that is for more than 45 days but not longer than six months is referred to as a "Mid Term Event," and due to the short time period is not considered as a Section 63C-9-703 matter requiring CPB approval. Such Mid Term Events are processed and determined by the Executive Director and the Subcommittee. The CPB shall be advised of such decisions; and 3) an event involving art or an exhibit that is for 45 days or less is referred to as a "Short Term Event," and due to the short time period is not considered as a Section 63C-9-703 matter requiring Board or Subcommittee approval or recommendation, and shall be processed and determined by the Executive Director. All these recommendations and determinations shall be in accordance with the requirements of this rule.

Summary of the rule or change:

Pursuant to Sections 63C-9-401, 63C-9-402, 63C-9-702, and 63C-9-703, Utah Code, this rule defines the role of the CPB, Executive Director of the CPB and the Subcommittee in regard to art and exhibits on the Capitol Hill complex including Capitol Hill Facilities and Capitol Hill Grounds. The reason for the repeal and reenactment of this rule is that the rule has been reorganized and simplified for easier use by the public. Also, the roles of the Executive Director, Subcommittee, and the CPB have been clarified. In particular: 1) a display of art or an exhibit for more than six months is referred to as a "Long Term Event (Display) and is considered an action regarding content placement, removal, or relocation under Section 63C-9-703 which requires action by the CPB after reviews by the Executive Director and the Subcommittee; 2) an event involving art or an exhibit that is for more than 45 days but not longer than six months is referred to as a "Mid Term Event," and due to the short time period is not considered as a Section 63C-9-703 matter requiring Board approval. Such Mid Term Events are processed and determined by the Executive Director and the Subcommittee. The CPB shall be advised of such decisions; and 3) an event involving art or an exhibit that is for 45 days or less is referred to as a "Short Term Event," and due to the short time period is not considered as a Section 63C-9-703 matter requiring Board or Subcommittee approval or recommendation, and shall be processed and determined by the Executive Director. All these recommendations and determinations shall be in accordance with the requirements of this rule.

State statutory or constitutional authorization for this rule:

• Subsection 63C-9-301(3)
• Section 63C-9-701
• Section 63C-9-702
• Section 63C-9-703

Anticipated cost or savings to:

the state budget:

This rule will not affect the state budget. The reason for the repeal and reenactment of this rule is that the rule has been reorganized and simplified for easier use by the public. Also, the roles of the Executive Director, Subcommittee, and the CPB have been clarified. There will be no additional costs to the state budget, but due to the streamlining of the rule and processes, there may be cost savings.

local governments:

This rule does not apply to local governments and does not impact local governments.

small businesses:

The reason for the repeal and reenactment of this rule is that the rule has been reorganized and simplified for easier use by the public. Also, the roles of the Executive Director, Subcommittee, and the CPB have been clarified. There will be no additional costs to small businesses, but due to the streamlining of the rule and processes, there may be cost savings for small businesses that interact with the state under this rule.

persons other than small businesses, businesses, or local governmental entities:

The reason for the repeal and reenactment of this rule is that the rule has been reorganized and simplified for easier use by the public. Also, the roles of the Executive Director, Subcommittee, and the CPB have been clarified. There will be no additional costs to any person, but due to the streamlining of the rule and processes, there may be cost savings to a person that interacts with the state under this rule.

Compliance costs for affected persons:

There will not be any additional compliance costs to persons as a result of this repeal and reenactment. The reason for the repeal and reenactment of this rule is that the rule has been reorganized and simplified for easier use by the public. Also, the roles of the Executive Director, Subcommittee, and the CPB have been clarified. Due to the streamlining of the rule and processes, there may be cost savings to a person that interacts with the state under this rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no fiscal impact of this repeal and reenactment on businesses. Due to the streamlining of the rule and processes, there may be cost savings to businesses that interact with the state under this rule.

Allyson Gamble, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Capitol Preservation Board (State)
Administration
Room E110 EAST BUILDING
420 N STATE ST
SALT LAKE CITY, UT 84114-2110

Direct questions regarding this rule to:

• Alan Bachman at the above address, by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at [email protected]
• Allyson Gamble at the above address, by phone at 801-537-9156, by FAX at 801-538-3221, or by Internet E-mail at [email protected]
• Chiarina Gleed at the above address, by phone at 801-538-3240, by FAX at 801-538-3313, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/02/2012

This rule may become effective on:

03/09/2012

Authorized by:

Allyson Gamble, Executive Director

R131. Capitol Preservation Board (State), Administration.

[ R131-9. State Capitol Preservation Board Art Program and Policy.

R131-9-1. Purpose.

Pursuant to Section 63C-9-402, Utah Code, this rule defines the authority and scope of the Capitol Preservation Board's Executive Director to develop plans, programs and policies for the placement and care of objects under the care of the Board in Capitol Hill facilities and on Capitol Hill grounds.

 

R131-9-2. Authority.

This rule is authorized by Subsection 63C-9-301(3), Utah Code, directing the Board to make rules to govern, administer and regulate the Capitol Hill facilities and grounds.

 

R131-9-3. Definitions.

(a) "Capitol Collection" means all antiquities, works of art, and objects of historical significance that are identified by and under the care and custody of the Capitol Preservation Board (Board); including not only paintings and sculptures but also objects of art and architecture both in and out of the state art collection, also referred to as the "Alice Art Collection," which are under the custody and control of the Board.

(b) "Capitol Registrar and Curator" means the person responsible for the development, organization and care of the Capitol Collection. Pursuant to Section 63C-9-402(15) and (16), Utah Code, this person shall be a staff employee or contract-consultant to the Director.

(c) "Decorative Painting" means wall painting that adds detail and design to the ceiling and walls of a room. Decorative painting shall be considered art.

(d) "Giclee prints" means digitally mastered reproductions of a high quality that are approved by the Board for particular circumstances.

(e) "Original Works of Art" means painted or drawn art, sculpture, tapestries, photographs, mosaics, furniture, and other objects or furnishings of historical significance which are one-of-a-kind, unique and specifically created for the Capitol Complex and governmental agencies. This does not include mechanically reproduced prints, giclee prints, and copies of the work or other similar reproductions.

(f) "Private area" means space assigned to state officials or staff as part of the offices or work-space of a government agency. Such space is not considered a "public area(s)" as defined in Section 63C-9-701(4).

(h) "Semi-public area" means rooms or space which is not generally available to the public, but is most often accessible by invitation; including conference rooms, board rooms, waiting areas, foyers, etc.

(i) "Conservation Plan or Plan" means the plan developed under R131-9-6.

 

R131-9-4. Collection Management and Development.

Pursuant to Sections 63C-9-601 and 63C-9-702, Utah Code, the Board establishes the following methodology to acquire, control and exercise custody of art and furnishings:

(a) The Capitol Collection shall be organized by the Capitol Registrar/Curator and shall consist of five basic collections as follows:

Collection A: -- Site-Specific Paintings, Sculpture and Artifacts including the Original Works of Art attached to the building, which have historical significance, or were at one time included in the Capitol Collection. The Original Works of Art within this collection include items on permanent loan from the Alice Art Collection and items in a Capitol Collection separate from the Alice Art Collection. Among these are:

A1 -- Original Paintings such as oil, fresco, water-color, etc.,

A2 -- Sculpture for indoor and outdoor applications,

A3 -- Fiber and mixed media, and

A4 -- Plaques and commemorative works.

Collection B: -- Two and Three Dimensional Art and Artifacts including the Original Works of Art on temporary loan from various owners collections (including but not limited to the Utah State Senate, House of Representatives and Governors collections), such as:

B1 -- Original Paintings such as oil, fresco, water-color, etc.,

B2 -- Sculpture for indoor and outdoor applications

B3 -- Fiber and mixed media, and

B4 -- Plaques and commemorative works.

Collection C: -- Furniture, Fixtures and Equipment of a Historic or Decorative Nature that are intrinsic to the overall composition and architectural value of the building or buildings; most typically consisting of:

C1 -- Historic, Legacy and Replicated Objects

C2 -- Traditional and System Objects, and

C3 -- Historic and New Decorative Lighting (indoor and outdoor) and Hardware.

Collection D: -- Miscellaneous items including Rugs, Mirrors, Artifacts and other non-classifiable items; which are generally included in the following categories:

D1 -- Carpets, Drapes and Rugs,

D2 -- Mirrors, Clocks, Artifacts, and

D3 -- Non-Classifiable items.

Collection E: -- Traveling Exhibitions and Displays which includes temporary and permanently displayed objects depending on the exhibit or display. The most typical collections would include:

E1 -- Capitol display cases, and

E2 -- Traveling exhibits.

(a) The Capitol Preservation Board and the Capitol Registrar and Curator shall research and determine what elements of Original Works of Art, both within the state's control, or out of the state's control, shall be included in the Capitol Collection. Such research shall use the most reliable documentation as the foundation for determining which Original Works of Art shall be part of the Capitol Collection.

(b) The Capitol Registrar and Curator shall design and implement appropriate forms for loan agreements, release of objects and registration and condition reports.

(c) The Capitol Preservation Board shall cooperate with the Utah Arts Council to draft and up-date a Memorandum of Understanding between the two agencies governing the development of the Capitol Collection of Original Works Art to be placed in the Capitol or other locations on Capitol Hill. The Memorandum of Understanding shall provide that the Utah Arts Council shall continue to list the Capitol Collection as part of the Alice Art Collection, but shall designate it as being on a permanent loan status.

 

R131-9-5. Records and Data Management.

Pursuant to Sections 63C-9-301 and 63C-9-402, Utah Code:

(a) Under direction of the Board's Executive Director, the Capitol Registrar and Curator shall define, identify, design, and implement a record of all art, sculpture, artifacts and artistic objects referenced in the collection as noted in R131-9-4, including:

(i) Object numbering,

(ii) Photographic documentation,

(iii) Computer data referencing,

(iv) Catalog carding,

(v) Inventory carding,

(vi) Accessioning and object filing,

(vii) Drafting copyright and reproduction agreements,

(viii) Bibliographic and historical record preparation, and provenance carding (origin and source),

(ix) Preparation of object condition reports, and

(b) The Capitol Registrar and Curator will design methodologies to itemize and keep the above data in a current, timely, and purposeful manner for review by the Arts Placement Subcommittee and the Capitol Preservation Board.

 

R131-9-6. Conservation and Maintenance.

Pursuant to Section 63C-9-301, Utah Code, the Capitol Registrar and Curator, under direction of the Executive Director, shall develop a short and long-term Conservation Plan (plan) for the conservation and maintenance of all original works of art and artifacts. The Conservation plan shall include:

(a) That conservator(s) shall only in-paint with reversible materials which are accepted as appropriate in nationally certified conservation practice for master works; that the process shall not conceal or damage original artist work; and that "overpainting" is unacceptable and shall not be performed on objects covered by the Conservation Plan,

(b) That a maintenance schedule shall be incorporated into the Conservation Plan for each identified Original Work of Art,

(c) That budget recommendations for the maintenance and care of Original Works of Art shall be developed and submitted to the Board annually for approval and incorporation into the Board's budget, and

(d) That the Arts Placement Subcommittee shall cooperate with the Capitol Registrar and Curator to develop the Conservation Plan, for recommendation to the Board for approval and implementation.

 

R131-9-7. Art Display.

(a) The Capitol Preservation Board and Capitol Art Placement Subcommittee shall coordinate efforts by the Capitol Registrar/Curator to identify locations for original works of art in public areas within the Capitol and other Capitol Hill facilities. The Capitol Registrar and Curator shall contact heads of individual offices, agencies to facilitate the hanging of Original Works of Art from the Alice Art Collection or other collections, within Capitol Hill facility public lobbies and semi-public spaces. The Capitol Registrar and Curator will only assist with placements of art within state employee office areas, when requested.

(b) All Original Works of Art may be hung only by the Capitol Registrar and Curator in public and state employee office spaces. When placed in state staff offices, such art shall be monitored and recorded by the Capitol Registrar and Curator. When placement of art is requested by state employees, and the Capitol Registrar and Curator is contacted by for that purpose, he will record and monitor those as well. However, if works of art are hung in state employee offices without the knowledge of the Capitol Registrar and Curator, they will not be monitored and will not be considered part of the Capitol Collection and the Board will not have any responsibility for those artworks.

(c) Organizations such as the Utah Arts Council, Salt Lake County arts organizations, the Springville Museum of Art or similar groups, which have received requests from a state employee or elected official to provide art from their organization for placement in the Capitol, shall be required to first contact the Board prior to hanging such art. The Capitol Registrar and Curator shall record and monitor the art object while it remains on loan to such an office. If the borrowing organization fails to notify the Board of the loan, the Board will not be responsible for, nor shall the Office of Risk Management assume liability under any state risk-managed insurance policy for such artwork.

(d) The use or display of art-objects in Capitol Hill facilities and Capitol Grounds shall be conducted according to the following protocols:

(i) Capitol Building -- Only Original Works of Art shall be hung or displayed in the Capitol Building public areas and within ceremonial rooms such as Governor's Public Office and Reception Room, House Chambers and House Reception Room, Senate Chambers and Senate Reception Room, Supreme Court Chambers, State Room, Committee Rooms, Board Rooms, and Auxiliary Corridors.

(ii) Senate and House Buildings -- Original Works of Art shall be displayed, hung or attached to the walls in the main public lobbies. Original Works of Art and giclee prints may be hung in other public areas in the buildings including the House and Senate Public Lobbies, the Committee Rooms and the main entries to the various offices in the buildings.

(iii) State Office Buildings -- Original Works of Art shall be displayed, hung or attached to the walls in the main pubic lobbies. Original Works of Art and giclee prints may be hung in other public areas in the buildings.

When considering a placement of artwork, the Capitol Registrar and Curator shall consider the following needs for, and circumstances incidental to, prior to giving approval to hang or otherwise place the artwork:

(A) lighting and other environmental controls,

(B) security devices and related equipment,

(C) communication devices, and

(D) any other device or object needed for appropriate building functions.

 

R131-9-8. Commissioning of New Art.

Pursuant to Section 63C-9-703, Utah Code:

(1) The Capitol Registrar and Curator shall coordinate efforts with the Capitol Arts Placement Sub-Committee to facilitate the commission of new art as follows:

(a) Determine the location, subject matter and medium for the desired work and present information to the Capitol Preservation Board for approval;

(b) Issue a Request for Qualifications to artists who have demonstrated expertise in the type or medium of artistic projects being considered, or specified; and

(2) The Executive Director shall appoint a selection committee, consisting of members from the Capitol Arts Placement Sub-Committee, the Capitol Preservation Board, and staff of the Executive Director and Capitol Architect.

(3) The Selection Committee shall review artist qualifications and expertise, and shall develop a short list of at least three and no more than six qualified artists to compete for the commission.

(4) The short-listed artists shall be provided a stipend consistent with the assignment to submit a mockup or model which demonstrates the proposed work using the specified medium and subject matter, plus suggested modifications.

(5) The Selection Committee will review the submitted:

(i) mockups or models,

(ii) written explanations, and

(iii) fees for the work as installed in the location specified.

(6) Following the decision by the Selection Committee the Capitol Registrar and Curator shall inform the Capitol Arts Placement Sub-Committee and convey their recommendations to the Board. The Board shall review the recommended submittal(s). If approved by the Board, the Executive Director shall enter into a contractual arrangement with the selected artist.

(7) After the work is delivered and installed to the specified location, the ownership of the Original Work of Art shall be the property of the Capitol Preservation Board and shall be part of the permanent Capitol Collection. The Board may relocate the Original Art Work at any time.

 

R131-9-10. Decorative Painting and Historic Fabric.

(1) Decorative Painting and Historic Wall Fabric in the Capitol which has been recreated or restored to its original design, or close to its original design and detail, is considered a valuable component of the State Capitol. Colors, designs and locations shall be carefully researched and documentation shall be provided to the Executive Director. Given the sensitive nature and the expense for restoring painted historic fabric and decorative painting, the following protocols shall apply:

(a) in all space public and semi-public space, the decorative painting and Historic Fabric material shall be considered as artwork. It shall not be covered up, changed or painted over except by consent and direction of the Capitol Preservation Board, after review and recommendation by the Art Placement Subcommittee.

(b) The Capitol Preservation Board shall not control the use, organization or management of assigned private office spaces of Elected Officials and staff in the House of Representatives, and State Senate or Governors offices. However, the walls and the historic fabric and decorative paint in such semi-private/semi-public areas are considered to be a historical part of the Capitol, and shall not be decorated, marked, painted over or changed without approval by the Executive Director. Pursuant to Section 63C-9-301(1)(b), the Board shall preserve, maintain and restore the Capitol Hill facilities, grounds and their contents, including all attached and building art work. Accordingly, such spaces shall not be covered up, changed or painted over except by consent and direction of the Capitol Preservation Board.

(c) The placement or hanging of paintings or other artwork on the walls in these spaces shall be the prerogative of the organization assigned to use the space, but the Capitol Preservation Board shall provide for and supervise the installation of hanging devices for artwork to avoid damage to the walls. This same policy shall also apply to all such private offices or spaces where decorative painting or Historic Fabric exists.

 

R131-9-11. Artwork, Plaques and Exhibits in Public Space.

(1) Public Space within the Capitol and other building on Capitol Hill is defined as any space not assigned to the Executive Branch offices, Legislative Offices or Chambers or Judicial Offices or Chambers, or for maintenance. It shall include auxiliary and public circulation corridors in the basement, on the first, second, third and fourth levels. It does not include private (non-public) circulation corridors or secure circulation corridors which provide for internal or secure circulation. Public Space shall be open to the general public during the hours of operation which the capitol is open. This space is under the direction of the Board. The Board shall be responsible for the establishment of rules for the hanging of art as described in this rule.

(2) Semi-Public Space within the Capitol and other buildings on Capitol Hill shall be defined as the Lobby or other space which the public may freely enter with in the Executive Branch offices, Legislative Offices or Judicial Offices. These spaces are under the control of the state entity to which the space has been assigned. Only original art shall be hung in these spaces and the Executive Director's office shall be contacted to approve, and to assist the state entity with such tasks.

(3) Artwork and Plaques shall not be hung or mounted on the Second floor of the State Capitol Building.

(4) The hanging of Artwork, Plaques and Notice Boards on the third floor of the State Capitol Building shall be in designated spaces only. No other artwork, plaque or information device shall be hung on the walls on this floor.

(5) The first and fourth floor of the State Capitol Building shall be reserved for artwork of various types, but shall be under the direction of the Capitol Registrar and Curator and the Executive Director to provide permanent and temporary shows and exhibitions after approval of the Board.

(6) The State Capitol shall not be used to promote or market a product, name or sponsor any particular company, item or industry.

(7) Memorial and Commemorative plaques shall be located on the Memorial walk which has been specifically design to honor and respect those who have contributed in remarkable ways to the success of and reputation of the State. Organizations that have ceremonies that are part of there commemorative process will be given permission to use the Rotunda, Grand Stairs, and Grounds for the ceremonies as needed without fee.]

R131-9. Art and Exhibits.

R131-9-1. Purpose.

Pursuant to Sections 63C-9-401, 63C-9-402, 63C-9-702 and 63C-9-703, Utah Code, this rule defines the role of the Capitol Preservation Board, Executive Director of the Capitol Preservation Board and the Capitol Art Placement Subcommittee in regard to art and exhibits on the Capitol Hill Complex including Capitol Hill Facilities and Capitol Hill Grounds.

 

R131-9-2. Authority.

This rule is authorized by Subsection 63C-9-301(3), Utah Code, directing the Board to make rules to govern, administer and regulate the Capitol Hill Complex including Capitol Hill Facilities and Capitol Hill Grounds.

 

R131-9-3. Legislative and Governor's Areas of Jurisdiction.

(1) The Board recognizes the Legislature has jurisdiction in the legislative area as described in Section 36-5-1, Utah Code, with certain exceptions described in Section 36-5-1.

(2) The Board recognizes the Governor has jurisdiction in regard to those areas reserved for the Governor in Section 67-1-16, Utah Code, with certain exceptions described in Section 67-1-16.

(3) To the extent permitted by law, the Executive Director may enter into agreements with the Legislative Management Committee in regard to the legislative area under legislative jurisdiction and with the Office of the Governor in regard to the area reserved for the Governor under the Governor's jurisdiction.

 

R131-9-4. Definitions.

(1) "Board" means the Capitol Preservation Board created under Section 63C-9 201,

Utah Code.

(2) "Subcommittee" means Capitol Art Placement Subcommittee to the Capitol Preservation

Board as created under Section 63C-9-702, Utah Code.

(3) "Short Term Event" means, for the purpose of this Rule R131-9, the providing of art or an exhibit in any public area on the Capitol Hill Complex, including Capitol Hill Facilities and Capitol Hill Grounds, that is for forty-five (45) days or less.

(4) "Mid Term Event" means, for the purpose of this Rule R131-9, the providing of art or an exhibit in any public area on the Capitol Hill Complex, including Capitol Hill Facilities and Capitol Hill Grounds, that is for more than forty-five (45) days but not longer than six (6) months.

(5) "Long Term Event (Display)" means, for the purpose of this Rule R131-9, a display of art or an exhibit in any public area on the Capitol Hill Complex, including Capitol Hill Facilities and Capitol Hill Grounds that is for more than six (6) months.

 

R131-9-5. Procurement of Art and Exhibits.

(1) The Executive Director may procure art or exhibits in accordance with applicable laws and rules.

(2) The Executive Director, Subcommittee, or any Board member may make recommendations to the Board regarding any of the procurements under this rule.

 

R131-9-6. Application Process For Event/Display of Art or an Exhibit.

(1) A request for a Short Term Event, Mid Term Event, or Long Term Event (Display), including a request to place new art or a new exhibit may be initiated by the Board, the Subcommittee, the Executive Director, or any person.

(2) The Application for Art and Exhibits at the Utah State Capitol Complex, developed by the Executive Director and approved by the Capitol Art Placement Subcommittee, must be completed by the applicant and submitted to the Capitol Preservation Board Office for evaluation, regardless of event length. The Application includes requests for the following information:

(a) The name and contact information of the applicant;

(b) A description of the subject matter and type of event (Short Term, Mid Term, or Long Term); and

(c) A description of how the request complies with the applicable Facility Use Rules, including Utah Administrative Code Rules R131-2 and R131-10, and all criteria in Rule R131-9-7.

(3) For Mid Term Events or Long Term Events (Display), the Capitol Preservation Board Office will invite the applicant to attend the next Capitol Art Placement Subcommittee meeting to present their request.

(4) Application is at the applicant's own risk, including costs and expenses for applying.

 

R131-9-7. Capitol Master Plan and Event/Display Criteria.

All recommendations and determinations under this Rule R131-9 must comply with all of the following:

(1) The Capitol Master Plan. The most recent Capitol Master Plan adopted by the Board shall be met. Any reference in the Master Plan to "Curator" shall be deemed to refer to the appropriate reviewing authority.

(2) State Interest. The request must benefit the interests of the State of Utah.

(3) Preservation or Enhancement. The request must explain how the aesthetics, historical significance, art and architecture of the Capitol Hill Complex will be preserved or enhanced if such request is approved.

(4) Community Standards. The Executive Director, Subcommittee, or Board shall make recommendations or decisions based on community standards of morality. No request shall be approved where the content violates community standards or is obscene or proscribed by Title 76, Chapter 10, Section 1203 of the Utah State Criminal Code. If applicable, the Utah Attorney General's Office shall be consulted prior to any such determination.

(5) Preferences. Only a limited amount of Short Term Events, Mid Term Events, or Long Term Events (Displays) can be allowed pursuant to this Rule R131-9. The longer the duration of the Event/Display on the Capitol Hill Complex, the stricter the standard of approval will be applied. Documentation establishing compelling reasons for such Event/Display is required with the Application. Preference will be provided to those applications that encompass the following:

(a) The history of Utah, including being associated with events, persons or cultures of historical significance, both while as a State and prior periods;

(b) The history of the Capitol;

(c) The essential natural beauty of the State of Utah;

(d) The industry of the State of Utah;

(e) Government and civics and/or;

(f) Art, artifacts and fabric relating to the Capitol.

(6) Other Criteria. Other criteria may be added to those listed in this R131-9-7 as determined by the Board, Subcommittee or Executive Director.

 

R131-9-8. Roles of the Executive Director, the Subcommittee, and the Board.

(1) The Executive Director, Subcommittee, or Board reserves the right in their discretion to decide whether the request should be approved, approved with conditions, or denied. No applicant has any right to have a Short Term Event, Mid Term Event, or Long Term Event (Display) at the Capitol Hill Complex.

(2) Short Term Event applications shall be processed and determined by the Executive Director, in accordance with the requirements of this Rule R131-9.

(3) Mid Term Events shall be processed and determined by the Executive Director and the Subcommittee in accordance with requirements of this Rule R131-9. The Board shall be advised periodically of any decision of such Mid Term Events.

(4) Long Term Events (Displays) shall be processed and determined by the Executive Director and the Board, after receiving a recommendation from the Subcommittee, in accordance with this Rule R131-9.

(5) The final determination must comply with the Capitol Master Plan and applicable Facility Use Rules, including Utah Administrative Code Rules R131-2 and R131-10.

 

R131-9-9. Contract and Insurance.

(1) Any request that is approved or approved with conditions pursuant to this Rule R131-9 shall require a contract. The contract shall be approved by the Attorney General's Office and executed by the applicant and the Executive Director.

(2) Any breach of contract by the applicant or anyone under the control of the applicant, shall be grounds by the Board for removal of the Short Term Event, Mid Term Event, or Long Term Event (Display), from the Capitol Hill Complex. The Executive Director shall provide the applicant a minimum of five business days written or electronic notice of such breach of contract to cure the breach, with the exception of immediate removal if public safety is at risk or there is interference with the operation of the Capitol Hill Complex.

(3) The applicant will be responsible for providing insurance.

 

R131-9-10. Inventory and Review of Long Term Events (Displays) and Specific Criteria and Causes for Removal.

(1) On an annual basis, the Executive Director shall make available to the Subcommittee and the Board, an inventory of the Long Term Events (Displays) that remain on the Capitol Hill Complex.

(2) Long Term Events (Displays) that exceed a period of five years in length may be reviewed by the Board every five years. These Events (Displays) are subject to a new determination to either be approved to continue, be approved with conditions, or be denied approval to continue. If the five year review results in an approval with conditions that is unacceptable to the applicant, or a denial, then the Long Term Event (Display) shall be removed in accordance with the applicable contract and Facility Use Rules, including Utah Administrative Code Rules R131-2 and R131-10.

(3) The Short Term, Mid Term, or Long Term Event (Display) may be ordered removed at any time if any of the following exists:

(a) It requires excessive or unreasonable maintenance;

(b) It is damaged to an extent that repair is unreasonable or impracticable;

(c) It presents a threat to public safety;

(d) There are significant changes in the use, character or actual design of the site requiring re-evaluation of the relationship of the Event (Display) to the site;

(e) The Board wishes to replace it with another item of greater significance; and/or

(f) Donated items may be considered for relocation when it is more appropriately grouped with other items sharing a common theme.

 

R131-9-11. Items on Loan.

(1) Requests by anyone for art, exhibits or displays in public areas on the Capitol Hill Complex from a loaning person, entity, or institution, must be made by contacting the Capitol Preservation Board Office. The loaned item must be approved by the appropriate authority with the applicable criteria based on whether it is a Short Term Event, Mid Term Event or Long Term Event (Display). If the request for loaned artwork is approved, the Capitol Preservation Board Office will coordinate the loan, movement, and hanging of the artwork.

(2) If the loaned artwork is no longer wanted for display by the provider or the State, the Capitol Preservation Board Office will coordinate the movement or return of the artwork.

 

R131-9-12. Removing or Relocating.

(1) A request to remove or relocate any approved item may be initiated by the Board, the Subcommittee, the Executive Director, or any person.

(2) The request for removal or relocation shall be determined by the original approving authority.

(3) Removal or relocation of the item is to only be handled by the Capitol Preservation Board Office or as arranged by the Capitol Preservation Board Office.

 

KEY: CPB, art, policy, program

Date of Enactment or Last Substantive Amendment: [March 3, 2005]2012

Notice of Continuation: April 7, 2010

Authorizing, and Implemented or Interpreted Law: 63C-9-301; 63C-9-701; 63C-9-702; 63C-9-703