1     
COMMISSION FOR THE STEWARDSHIP OF PUBLIC

2     
LANDS AND PRIVATE DONATIONS FOR PUBLIC LANDS

3     
LITIGATION

4     
2016 GENERAL SESSION

5     
STATE OF UTAH

6     
Chief Sponsor: Kay J. Christofferson

7     
Senate Sponsor: Ralph Okerlund

8     Cosponsors:
9     Melvin R. Brown
10     Scott H. Chew
11     LaVar Christensen
12     Kim Coleman
13     Brad M. Daw
14     Brad L. Dee
15     Gage Froerer
16     Keith Grover
17     Don L. Ipson
Ken Ivory
David E. Lifferth
Kay L. McIff
Michael E. Noel
Curtis Oda
Derrin Owens
Lee B. Perry
Jeremy A. Peterson
Val L. Peterson
Dixon M. Pitcher
Paul Ray
Douglas V. Sagers
Scott D. Sandall
Keven J. Stratton
Norman K Thurston
R. Curt Webb
John R. Westwood
Brad R. Wilson
18     

19     LONG TITLE
20     General Description:
21          This bill moves the enabling language for the Commission for the Stewardship of
22     Public Lands from the uncodified Laws of Utah to Title 63C, State Commissions and
23     Councils Code, and establishes Public Lands Litigation Accounts.
24     Highlighted Provisions:
25          This bill:
26          ▸     amends uncodified Laws of Utah to move the Commission for the Stewardship of
27     Public Lands into the State Commissions and Councils Code;
28          ▸     inserts existing law regarding the creation of, and duties for, the Commission for the

29     Stewardship of Public Lands as new language in Title 63C, State Commissions and Councils
30     Code;
31          ▸     defines terms;
32          ▸     amends the duties of the commission to include the duty to make recommendations
33     concerning the use of funds in the Public Lands Litigation Restricted Account and
34     the Public Lands Litigation Expendable Special Revenue Fund;
35          ▸     creates the Public Lands Litigation Restricted Account;
36          ▸     establishes the purpose of the account;
37          ▸     requires a report to the Commission for the Stewardship of Public Lands before
38     money appropriated from the account is spent;
39          ▸     creates the Public Lands Litigation Expendable Special Revenue Fund;
40          ▸     establishes the purpose of the Public Lands Litigation Expendable Special Revenue
41     Fund, which includes accepting contributions and donations for litigation related to
42     public lands; and
43          ▸     requires the Division of Finance to report to the Commission for the Stewardship of
44     Public Lands before disbursing money from the fund.
45     Money Appropriated in this Bill:
46          None
47     Other Special Clauses:
48          This bill provides a special effective date.
49     Utah Code Sections Affected:
50     AMENDS:
51          63I-1-263, as last amended by Laws of Utah 2015, Chapters 182, 226, 278, 283, 409,
52     and 424
53     ENACTS:
54          63C-4b-101, Utah Code Annotated 1953
55          63C-4b-102, Utah Code Annotated 1953
56          63C-4b-103, Utah Code Annotated 1953

57          63C-4b-104, Utah Code Annotated 1953
58          63C-4b-105, Utah Code Annotated 1953
59          63C-4b-106, Utah Code Annotated 1953
60          63C-4b-107, Utah Code Annotated 1953
61     Uncodified Material Affected:
62     AMENDS UNCODIFIED MATERIAL:
63      Uncodified Section 5, Laws of Utah 2014, Chapter 319
64     

65     Be it enacted by the Legislature of the state of Utah:
66          Section 1. Section 63C-4b-101 is enacted to read:
67     
CHAPTER 4b. COMMISSION FOR THE STEWARDSHIP OF PUBLIC LANDS

68          63C-4b-101. Title.
69          This chapter is known as "Commission for the Stewardship of Public Lands."
70          Section 2. Section 63C-4b-102 is enacted to read:
71          63C-4b-102. Definitions.
72          For purposes of this chapter:
73          (1) "Account" means the Public Lands Litigation Restricted Account created in Section
74     63C-4b-105.
75          (2) "Commission" means the Commission for the Stewardship of Public Lands.
76          Section 3. Section 63C-4b-103 is enacted to read:
77          63C-4b-103. Commission for the Stewardship of Public Lands -- Creation --
78     Membership -- Interim rules followed -- Compensation -- Staff.
79          (1) There is created the Commission for the Stewardship of Public Lands consisting of
80     the following eight members:
81          (a) three members of the Senate appointed by the president of the Senate, no more than
82     two of whom may be from the same political party; and
83          (b) five members of the House of Representatives appointed by the speaker of the
84     House of Representatives, no more than four of whom may be from the same political party.

85          (2) (a) The president of the Senate shall designate a member of the Senate appointed
86     under Subsection (1)(a) as a cochair of the commission.
87          (b) The speaker of the House of Representatives shall designate a member of the House
88     of Representatives appointed under Subsection (1)(b) as a cochair of the commission.
89          (3) In conducting its business, the commission shall comply with the rules of
90     legislative interim committees.
91          (4) Salaries and expenses of the members of the commission shall be paid in
92     accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator
93     Compensation.
94          (5) The Office of Legislative Research and General Counsel shall provide staff support
95     to the commission.
96          Section 4. Section 63C-4b-104 is enacted to read:
97          63C-4b-104. Duties -- Interim report.
98          (1) The commission shall:
99          (a) convene at least eight times each year;
100          (b) review and make recommendations on the transfer of federally controlled public
101     lands to the state;
102          (c) review and make recommendations regarding the state's sovereign right to protect
103     the health, safety, and welfare of its citizens as it relates to public lands, including
104     recommendations concerning the use of funds in the account created in Section 63C-4b-105;
105          (d) study and evaluate the recommendations of the public lands transfer study and
106     economic analysis conducted by the Public Lands Policy Coordinating Office in accordance
107     with Section 63J-4-606;
108          (e) coordinate with and report on the efforts of the executive branch, the counties and
109     political subdivisions of the state, the state congressional delegation, western governors, other
110     states, and other stakeholders concerning the transfer of federally controlled public lands to the
111     state including convening working groups, such as a working group composed of members of
112     the Utah Association of Counties;

113          (f) study and make recommendations regarding the appropriate designation of public
114     lands transferred to the state, including stewardship of the land and appropriate uses of the
115     land;
116          (g) study and make recommendations regarding the use of funds received by the state
117     from the public lands transferred to the state; and
118          (h) receive reports from and make recommendations to the attorney general, the
119     Legislature, and other stakeholders involved in litigation on behalf of the state's interest in the
120     transfer of public lands to the state, regarding:
121          (i) preparation for potential litigation;
122          (ii) selection of outside legal counsel;
123          (iii) ongoing legal strategy for the transfer of public lands; and
124          (iv) use of money:
125          (A) appropriated by the Legislature for the purpose of securing the transfer of public
126     lands to the state under Section 63C-4b-105; and
127          (B) disbursed from the Public Lands Litigation Expendable Special Revenue Fund
128     created in Section 63C-4b-106.
129          (2) The commission shall prepare an annual report, including any proposed legislation,
130     and present the report to the Natural Resources, Agriculture, and Environment Interim
131     Committee on or before November 30, 2016, and on or before November 30 each year
132     thereafter.
133          Section 5. Section 63C-4b-105 is enacted to read:
134          63C-4b-105. Creation of Public Lands Litigation Restricted Account -- Sources of
135     funds -- Uses of funds -- Reports.
136          (1) There is created a restricted account within the General Fund known as the Public
137     Lands Litigation Restricted Account.
138          (2) The account created in Subsection (1) consists of money from the following
139     revenue sources:
140          (a) money received by the commission from other state agencies; and

141          (b) appropriations made by the Legislature.
142          (3) The Legislature may annually appropriate money from the account for the purposes
143     of asserting, defending, or litigating state and local government rights to the disposition and use
144     of federal lands within the state as those rights are granted by the United States Constitution,
145     the Utah Enabling Act, and other applicable law.
146          (4) (a) Any entity that receives money from the account shall, before disbursing the
147     money to another person for the purposes described in Subsection (3), or before spending the
148     money appropriated, report to the commission regarding:
149          (i) the amount of the disbursement;
150          (ii) who will receive the disbursement; and
151          (iii) the planned use for the disbursement.
152          (b) The commission may, upon receiving the report under Subsection (4)(a):
153          (i) advise the Legislature and the entity of the commission finding that the
154     disbursement is consistent with the purposes in Subsection (3); or
155          (ii) advise the Legislature and the entity of the commission finding that the
156     disbursement is not consistent with the purposes in Subsection (3).
157          Section 6. Section 63C-4b-106 is enacted to read:
158          63C-4b-106. Public Lands Litigation Expendable Special Revenue Fund --
159     Creation -- Source of funds -- Use of funds -- Reports.
160          (1) There is created an expendable special revenue fund known as the Public Lands
161     Litigation Expendable Special Revenue Fund.
162          (2) The fund shall consist of gifts, grants, donations, or any other conveyance of money
163     that may be made to the fund from private sources and other states.
164          (3) The fund shall be administered by the Division of Finance in accordance with
165     Subsection (4).
166          (4) (a) The fund may be used only for the purpose of asserting, defending, or litigating
167     state and local government rights to the disposition and use of federal lands within the state as
168     those rights are granted by the United States Constitution, the Utah Enabling Act, and other

169     applicable law.
170          (b) Before each disbursement from the fund, the Division of Finance shall report to the
171     commission regarding:
172          (i) the sources of the money in the fund;
173          (ii) who will receive the disbursement;
174          (iii) the planned use of the disbursement; and
175          (iv) the amount of the disbursement.
176          (c) The commission may, upon receiving the report under Subsection (4)(b):
177          (i) advise the Legislature and the Division of Finance of the commission finding that
178     the disbursement is consistent with the purposes in Subsection (4)(a); or
179          (ii) advise the Legislature and the Division of Finance of the commission finding that
180     the disbursement is not consistent with the purposes in Subsection (4)(a).
181          Section 7. Section 63C-4b-107 is enacted to read:
182          63C-4b-107. Repeal of commission.
183          The commission is repealed in accordance with Section 63I-1-263.
184          Section 8. Section 63I-1-263 is amended to read:
185          63I-1-263. Repeal dates, Titles 63A to 63M.
186          (1) Section 63A-4-204, authorizing the Risk Management Fund to provide coverage to
187     any public school district which chooses to participate, is repealed July 1, 2016.
188          (2) Subsection 63A-5-104(4)(h) is repealed on July 1, 2024.
189          (3) Section 63A-5-603, State Facility Energy Efficiency Fund, is repealed July 1, 2016.
190          (4) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
191     1, 2018.
192          (5) Title 63C, Chapter 4b, Commission for the Stewardship of Public Lands, is
193     repealed November 30, 2019.
194          [(5)] (6) Title 63C, Chapter 16, Prison Development Commission Act, is repealed July
195     1, 2020.
196          [(6)] (7) Subsection 63G-6a-1402(7) authorizing certain transportation agencies to

197     award a contract for a design-build transportation project in certain circumstances, is repealed
198     July 1, 2015.
199          [(7)] (8) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed
200     July 1, 2020.
201          [(8)] (9) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2016.
202          [(9)] (10) On July 1, 2025:
203          (a) in Subsection 17-27a-404(3)(c)(ii), the language that states "the Resource
204     Development Coordinating Committee," is repealed;
205          (b) Subsection 23-14-21(2)(c) is amended to read "(c) provide notification of proposed
206     sites for the transplant of species to local government officials having jurisdiction over areas
207     that may be affected by a transplant.";
208          (c) in Subsection 23-14-21(3), the language that states "and the Resource Development
209     Coordinating Committee" is repealed;
210          (d) in Subsection 23-21-2.3(1), the language that states "the Resource Development
211     Coordinating Committee created in Section 63J-4-501 and" is repealed;
212          (e) in Subsection 23-21-2.3(2), the language that states "the Resource Development
213     Coordinating Committee and" is repealed;
214          (f) Subsection 63J-4-102(1) is repealed and the remaining subsections are renumbered
215     accordingly;
216          (g) Subsections 63J-4-401(5)(a) and (c) are repealed;
217          (h) Subsection 63J-4-401(5)(b) is renumbered to Subsection 63J-4-401(5)(a) and the
218     word "and" is inserted immediately after the semicolon;
219          (i) Subsection 63J-4-401(5)(d) is renumbered to Subsection 63J-4-401(5)(b);
220          (j) Sections 63J-4-501, 63J-4-502, 63J-4-503, 63J-4-504, and 63J-4-505 are repealed;
221     and
222          (k) Subsection 63J-4-603(1)(e)(iv) is repealed and the remaining subsections are
223     renumbered accordingly.
224          [(10)] (11) The Crime Victim Reparations and Assistance Board, created in Section

225     63M-7-504, is repealed July 1, 2017.
226          [(11)] (12) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
227     2017.
228          [(12)] (13) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2018.
229          [(13)] (14) (a) Title 63N, Chapter 2, Part 4, Recycling Market Development Zone Act,
230     is repealed January 1, 2021.
231          (b) Subject to Subsection [(13)] (14)(c), Sections 59-7-610 and 59-10-1007 regarding
232     tax credits for certain persons in recycling market development zones, are repealed for taxable
233     years beginning on or after January 1, 2021.
234          (c) A person may not claim a tax credit under Section 59-7-610 or 59-10-1007:
235          (i) for the purchase price of machinery or equipment described in Section 59-7-610 or
236     59-10-1007, if the machinery or equipment is purchased on or after January 1, 2021; or
237          (ii) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), if
238     the expenditure is made on or after January 1, 2021.
239          (d) Notwithstanding Subsections [(13)] (14)(b) and (c), a person may carry forward a
240     tax credit in accordance with Section 59-7-610 or 59-10-1007 if:
241          (i) the person is entitled to a tax credit under Section 59-7-610 or 59-10-1007; and
242          (ii) (A) for the purchase price of machinery or equipment described in Section
243     59-7-610 or 59-10-1007, the machinery or equipment is purchased on or before December 31,
244     2020; or
245          (B) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), the
246     expenditure is made on or before December 31, 2020.
247          [(14)] (15) Section 63N-2-512 is repealed on July 1, 2021.
248          [(15)] (16) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
249     January 1, 2021.
250          (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
251     calendar years beginning on or after January 1, 2021.
252          (c) Notwithstanding Subsection [(15)] (16)(b), an entity may carry forward a tax credit

253     in accordance with Section 59-9-107 if:
254          (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
255     31, 2020; and
256          (ii) the qualified equity investment that is the basis of the tax credit is certified under
257     Section 63N-2-603 on or before December 31, 2023.
258          [(16)] (17) Title 63N, Chapter 12, Part 3, Utah Broadband Outreach Center, is repealed
259     July 1, 2018.
260          Section 9. Uncodified Section 5, Laws of Utah 2014, Chapter 319 is amended to
261     read:
262          Section 5. Repeal date.
263          (1) Uncodified [Sections 2, 3, and] Section 4, that [create] appropriates for the
264     Commission for the Stewardship of Public Lands, [are] is repealed on November 30, 2019.
265          (2) Uncodified Sections 2 and 3, that create the Commission for the Stewardship of
266     Public Lands, are repealed on July 1, 2016, which is the effective date for Title 63C, Chapter
267     4b, Commission for the Stewardship of Public Lands.
268          Section 10. Effective date.
269          This bill takes effect on July 1, 2016.