2
3
4
5
6
7
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
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 [
195 1, 2020.
196 [
197 award a contract for a design-build transportation project in certain circumstances, is repealed
198 July 1, 2015.
199 [
200 July 1, 2020.
201 [
202 [
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 [
225 63M-7-504, is repealed July 1, 2017.
226 [
227 2017.
228 [
229 [
230 is repealed January 1, 2021.
231 (b) Subject to Subsection [
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 [
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 [
248 [
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 [
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 [
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 [
264 Commission for the Stewardship of Public Lands, [
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.