S.B. 239 Enrolled

PUBLIC LANDS POLICY COORDINATION
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Thomas V. Hatch
House Sponsor: Stephen H. Urquhart

LONG TITLE
General Description:
This bill creates the Public Lands Policy Coordinating Office and the Public Lands
Policy Coordinating Council.
Highlighted Provisions:
This bill:
. creates the Public Lands Policy Coordinating Office and the Public Lands Policy
Coordinating Council;
. provides for the appointment of an office coordinator to administer the office;
. establishes the duties of the office and coordinator;
. establishes the membership of the council;
. establishes the duties of the council;
. allows the Legislature to appropriate monies from the Constitutional Defense
Restricted Account to the office and to the council; and
. provides definitions.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill provides an effective date.
Utah Code Sections Affected:
AMENDS:
63C-4-103, as last amended by Chapter 345, Laws of Utah 2004
ENACTS:

63-38d-601, Utah Code Annotated 1953
63-38d-602, Utah Code Annotated 1953
63-38d-603, Utah Code Annotated 1953
63-38d-604, Utah Code Annotated 1953
63-38d-605, Utah Code Annotated 1953
Uncodified Material Affected:
ENACTS UNCODIFIED MATERIAL

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63-38d-601 is enacted to read:
Part 6. Public Lands Policy Coordination
63-38d-601. Definitions.
As used in this part:
(1) "Coordinator" means the public lands policy coordinator appointed in this part.
(2) "Council" means the Public Lands Policy Coordinating Council created by this part.
(3) "Office" means the Public Lands Policy Coordinating Office created by this part.
(4) "Political subdivision" means a county, municipality, special district, school district,
interlocal cooperation agreement entity, or any administrative subunit of them.
(5) "State planning coordinator" means the person appointed under Subsection
63-38d-202 (1)(a)(ii).
Section 2. Section 63-38d-602 is enacted to read:
63-38d-602. Public Lands Policy Coordinating Office -- Coordinator --
Appointment -- Qualifications -- Compensation.
(1) There is created within state government the Public Lands Policy Coordinating
Office. The office shall be administered by a public lands policy coordinator.
(2) The coordinator shall be appointed by the governor with the consent of the Senate
and shall serve at the pleasure of the governor.
(3) The coordinator shall have demonstrated the necessary administrative and

professional ability through education and experience to efficiently and effectively manage the
office's affairs.
(4) The coordinator and employees of the office shall receive compensation as provided
in Title 67, Chapter 19, Utah State Personnel Management Act.
Section 3. Section 63-38d-603 is enacted to read:
63-38d-603. Duties of coordinator and office.
(1) The coordinator and the office shall:
(a) assist the state planning coordinator in fulfilling the duties outlined in Section
63-38d-401 as those duties relate to the development of public lands policies by:
(i) developing cooperative contracts and agreements between the state, political
subdivisions, and agencies of the federal government for involvement in the development of
public lands policies;
(ii) producing research, documents, maps, studies, analysis, or other information that
supports the state's participation in the development of public lands policy;
(iii) preparing comments to ensure that the positions of the state and political
subdivisions are considered in the development of public lands policy;
(iv) partnering with state agencies and political subdivisions in an effort to:
(A) prepare coordinated public lands policies;
(B) develop consistency reviews and responses to public lands policies;
(C) develop management plans that relate to public lands policies; and
(D) develop and maintain a statewide land use plan that is based on cooperation and in
conjunction with political subdivisions; and
(v) providing other information or services related to public lands policies as requested
by the state planning coordinator; and
(b) facilitate and coordinate the exchange of information, comments, and
recommendations on public lands policies between and among:
(i) state agencies;
(ii) political subdivisions;

(iii) the Office of Rural Development created under Section 9-16-102 ;
(iv) the Resource Development Coordinating Committee created under Section
63-38d-501 ;
(v) School and Institutional Trust Lands Administration created under Section
53C-1-201 ;
(vi) the committee created under Section 63A-6-204 to award grants to counties to
inventory and map R.S. 2477 rights-of-way, associated structures, and other features; and
(vii) the Constitutional Defense Council created under Section 63C-4-101 .
(2) In providing assistance to the state planning coordinator under Subsection (1)(a), the
coordinator and office shall take into consideration the:
(a) findings provided under Subsections 63-38d-401 (6) and (7); and
(b) recommendations of the council.
Section 4. Section 63-38d-604 is enacted to read:
63-38d-604. Public Lands Policy Coordinating Council -- Creation -- Membership --
Funding.
(1) There is created the Public Lands Policy Coordinating Council composed of the
following seven members:
(a) one individual, appointed by the governor, who shall serve as chair of the council;
(b) one member of the Senate appointed by the president of the Senate;
(c) one member of the House of Representatives appointed by the speaker of the House
of Representatives;
(d) two individuals appointed by the Utah Association of Counties; and
(e) the executive director of the Department of Natural Resources and the director of the
School and Institutional Trust Lands Administration as ex officio, nonvoting members.
(2) Members shall be appointed for four-year terms.
(3) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term in the same manner as the original appointment.
(4) (a) (i) State government officer and employee members who do not receive salary,

per diem, or expenses from their agency for their service may receive per diem and expenses
incurred in the performance of their official duties from the council at the rates established by the
Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem
and expenses for their service.
(b) (i) Local government members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under
Sections 63A-3-106 and 63A-3-107 .
(ii) Local government members may decline to receive per diem and expenses for their
service.
(c) Legislators on the committee shall receive compensation and expenses as provided by
law and legislative rule.
(5) The council shall be funded from the Constitutional Defense Restricted Account
created in Section 63C-4-103 .
Section 5. Section 63-38d-605 is enacted to read:
63-38d-605. Council duties.
The council shall provide advice and recommendations on the development of public
lands policies to the:
(1) Public Lands Policy Coordinating office;
(2) state planning coordinator; and
(3) governor.
Section 6. Section 63C-4-103 is amended to read:
63C-4-103. Creation of Constitutional Defense Restricted Account -- Sources of
funds -- Uses of funds -- Reports.
(1) There is created a restricted account within the General Fund known as the
Constitutional Defense Restricted Account.
(2) The account consists of monies from the following revenue sources:

(a) monies deposited to the account as required by Section 53C-3-202 ;
(b) voluntary contributions;
(c) monies received by the Constitutional Defense Council from other state agencies; and
(d) appropriations made by the Legislature.
(3) Funds in the account shall be nonlapsing.
(4) The account balance may not exceed $2,000,000.
(5) The Legislature may annually appropriate monies from the Constitutional Defense
Restricted Account to one or more of the following:
(a) the Constitutional Defense Council to carry out its duties in Section 63C-4-102 ;
(b) the Public Lands Policy Coordinating Office to carry out its duties in Section
63-38d-603 ;
(c) the Public Lands Policy Coordinating Council to carry out its duties in Section
63-38d-605 .
[(b)] (d) the Office of the Governor, to be used only for the purpose of asserting,
defending, or litigating state and local government rights under R.S. 2477, in accordance with a
plan developed and approved as provided in Section 63C-4-104 ;
[(c)] (e) a county or association of counties to assist counties, consistent with the
purposes of the council, in pursuing issues affecting the counties; or
[(d)] (f) the Office of the Attorney General, to be used only for public lands counsel and
assistance and litigation to the state or local governments including asserting, defending, or
litigating state and local government rights under R.S. 2477 in accordance with a plan developed
and approved as provided in Section 63C-4-104 .
(6) (a) The Constitutional Defense Council shall require that any entity that receives
monies from the Constitutional Defense Restricted Account provide financial reports and
litigation reports to the Council.
(b) Nothing in this Subsection (6) prohibits the council from closing a meeting under
Title 52, Chapter 4, Open and Public Meetings, or prohibits the council from complying with
Title 63, Chapter 2, Government Records Access and Management Act.

Section 7. Effective date.
This bill takes effect on May 15, 2005.