H.B. 149

1

FOREST RESERVE FUND REVISIONS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Michael E. Noel
5 Senate Sponsor: Ralph Okerlund
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to the Forest Reserve Fund.
10 Highlighted Provisions:
11 This bill:
12 . modifies definitions;
13 . corrects inaccurate cross references to federal law;
14 . changes the procedures for apportioning federal funds received from forest reserve
15 payments;
16 . provides that the funds shall be delivered to the state treasurer, rather than directly
17 to the counties of the state;
18 . provides procedures for the state treasurer to use in apportioning the funds; and
19 . makes technical amendments.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 This bill provides an immediate effective date.
24 Utah Code Sections Affected:
25 AMENDS:
26 17D-1-201, as enacted by Laws of Utah 2008, Chapter 360
27 51-9-601, as renumbered and amended by Laws of Utah 2008, Chapter 382

28 51-9-602, as renumbered and amended by Laws of Utah 2008, Chapter 382
29 51-9-603, as renumbered and amended by Laws of Utah 2008, Chapter 382
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 17D-1-201 is amended to read:
33 17D-1-201. Services that a special service district may be created to provide.
34 As provided in this part, a county or municipality may create a special service district to
35 provide any combination of the following services:
36 (1) water;
37 (2) sewerage;
38 (3) drainage;
39 (4) flood control;
40 (5) garbage collection and disposal;
41 (6) health care;
42 (7) transportation, including the receipt of federal secure rural school funds under
43 Section 51-9-603 for the purposes of constructing, improving, repairing, or maintaining public
44 roads;
45 (8) recreation;
46 (9) fire protection and, if fire protection service is provided, emergency medical or
47 ambulance or both;
48 (10) providing, operating, and maintaining correctional and rehabilitative facilities and
49 programs for municipal, state, and other detainees and prisoners;
50 (11) street lighting;
51 (12) consolidated 911 and emergency dispatch;
52 (13) animal shelter and control;
53 (14) receiving federal mineral lease funds under Title 59, Chapter 21, Mineral Lease
54 Funds, and expending those funds to provide construction and maintenance of public facilities,
55 traditional governmental services, and planning, as a means for mitigating impacts from
56 extractive mineral industries; and
57 (15) in a county of the first class, extended police protection.
58 Section 2. Section 51-9-601 is amended to read:

59 51-9-601. Act of Congress accepted -- Funds to be apportioned.
60 (1) The state [of Utah] renews its acceptance of the apportionment of [moneys] monies
61 received from forest reserves made by [Act of Congress approved June 30, 1906] the Act of
62 May 23, 1908, 16 U.S.C. Sec. 500 et seq. and all acts amendatory thereof and supplementary
63 thereto, and renews its acceptance of [said Act of Congress] the act upon the terms and
64 conditions set forth in [said] the act[; the said apportionment being].
65 (2) The apportionment monies provided by the act shall be used for the benefit of the
66 public schools and public roads of the counties [wherein may be situated the respective]
67 containing the forest reserves.
68 Section 3. Section 51-9-602 is amended to read:
69 51-9-602. Creation of fund -- County Road and School Fund from Forest
70 Reserves.
71 [The moneys which shall come into the hands of the state treasurer from the United
72 States pursuant to said act and all acts amendatory thereof and supplementary thereto shall
73 constitute]
74 There is established a fund [to be] known as the "County Road and School Fund from
75 Forest Reserves[."]," comprised of:
76 (1) monies which shall come into the hands of the state treasurer from the United
77 States under the Act of May 23, 1908, 16 U.S.C. Sec. 500 et seq. and all acts amendatory
78 thereof and supplementary thereto; and
79 (2) monies paid under the act described in Subsection (1) that:
80 (a) have come into the hands of the state treasurer; and
81 (b) the state treasurer has not yet apportioned to counties at the time the 2009
82 amendment to this section becomes effective.
83 Section 4. Section 51-9-603 is amended to read:
84 51-9-603. Apportionment by the county legislative body.
85 The [county legislative body of each county participating therein] state treasurer shall
86 [immediately upon], within a reasonable time after receipt of the [apportionment proceed to
87 apportion the same in the manner following, to wit: One-half to the several school districts of
88 the county, according to the number of school children residing in each of said districts over six
89 and under 18 years of age, and 1/2 for the improvement of the public roads in said county.]

90 monies:
91 (1) apportion monies that the United States determines shall be allocated to each
92 county for special projects; and
93 (2) apportion the remaining net amount of the monies to each county that is entitled to
94 receive funds as follows:
95 (a) 50% to the school districts of the county, according to the number of school
96 children residing in each district that are over the age of six and under the age of 18; and
97 (b) 50% to the following, as directed by the county legislative body:
98 (i) the general fund of the county; or
99 (ii) one or more special service districts, provided that each special service district
100 receiving monies:
101 (A) is established by the county under Title 17D, Chapter 1, Special Service District
102 Act; and
103 (B) has as one of its functions the purpose of constructing, improving, repairing, or
104 maintaining public roads.
105 Section 5. Effective date.
106 If approved by two-thirds of all the members elected to each house, this bill takes effect
107 upon approval by the governor, or the day following the constitutional time limit of Utah
108 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
109 the date of veto override.




Legislative Review Note
as of 1-30-09 8:38 AM

Office of Legislative Research and General Counsel