S.B. 67

This document includes Senate Committee Amendments incorporated into the bill on Tue, Jan 24, 2006 at 10:22 AM by smaeser. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Jan 31, 2006 at 12:04 PM by smaeser. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 1, 2006 at 11:08 AM by rday. --> This document includes House Floor Amendments incorporated into the bill on Thu, Feb 16, 2006 at 11:22 AM by chopkin. --> 1

CONSERVATION EASEMENT RESTRICTED
2 ACCOUNTS
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Beverly Ann Evans
6 House Sponsor: Ronda Rudd Menlove
7
8 LONG TITLE
9 General Description:
10 This bill creates the Natural Resources Conservation Easement Account and the
11 Agriculture Conservation Easement Account.
12 Highlighted Provisions:
13 This bill:
14 . creates within the General Fund two restricted accounts consisting of grants and
15 donations from foundations, the Quality Growth Commission, local governments,
16 the state, the federal government, and landowners; and
17 . specifies that the funds are to be used to monitor and enforce compliance with
18 conservation easements held by the Department of Natural Resources and the
19 Department of Agriculture and Food respectively.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 ENACTS:
26 4-2-8.3, Utah Code Annotated 1953
27 63-34-20, Utah Code Annotated 1953

Text Box

House Floor Amendments 2-16-2006 ch/erb

Senate 3rd Reading Amendments 2-1-2006 rd/erb

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Senate 2nd Reading Amendments 1-31-2006 sm/erb 28

29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 4-2-8.3 is enacted to read:
31 4-2-8.3. Agriculture Conservation Easement Account.
32 (1) There is created within the General Fund a restricted account known as the
33 Agriculture Conservation Easement Account.
34 (2) The Agriculture Conservation Easement Account consists of:
35 (a) grants from private foundations;
36 (b) grants from local governments, the state, or the federal government;
37 (c) grants from the Quality Growth Commission created under Section 11-38-201 ;
38 (d) donations from landowners for monitoring and enforcing compliance with
39 conservation easements;
40 (e) donations from any other person; and
41 (f) interest on account monies.
42 (3) Upon appropriation by the Legislature, the Department of Agriculture and Food
43 shall use monies from the account to monitor and enforce compliance with conservation
44 easements held by the department.
45 H. [ (4) Notwithstanding Subsection (3), the department may expend donations as directed
46 by the donor without appropriation by the Legislature. ] .H
46a S. (5) The department may not receive or expend donations from the account to acquire
46ab conservation
46b easements. .S
47 Section 2. Section 63-34-20 is enacted to read:
48 63-34-20. Natural Resources Conservation Easement Account.
49 (1) There is created within the General Fund a restricted account known as the Natural
50 Resources Conservation Easement Account.
51 (2) The Natural Resources Conservation Easement Account consists of:
52 (a) grants from private foundations;
53 (b) grants from local governments, the state, or the federal government;
54 (c) grants from the Quality Growth Commission created under Section 11-38-201 ;
55 (d) donations from landowners for monitoring and enforcing compliance with
56 conservation easements;
57 (e) donations from any other person; and
58 (f) interest on account monies.

Text Box

House Floor Amendments 2-16-2006 ch/erb

Senate 2nd Reading Amendments 1-31-2006 sm/erb

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Senate Committee Amendments 1-24-2006 sm/erb 59

(3) Upon appropriation by the Legislature, the Department of S. [ Agriculture and Food ]
59a Natural Resources .S
60 shall use monies from the account to monitor and enforce compliance with conservation
61 easements held by the department.
62 H. [ (4) Notwithstanding Subsection (3), the department may expend donations as directed
63 by the donor without appropriation by the Legislature. ] .H
63a S. (5) The department may not receive or expend donations from the account to acquire
63ab conservation
63b easements. .S

Legislative Review Note
as of 1-16-06 9:51 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel