Representative Kay J. Christofferson proposes the following substitute bill:


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     

9     LONG TITLE
10     General Description:
11          This bill moves the enabling language for the Commission for the Stewardship of
12     Public Lands from the uncodified Laws of Utah to Title 63C, State Commissions and
13     Councils Code, and establishes Public Lands Litigation Accounts.
14     Highlighted Provisions:
15          This bill:
16          ▸     amends uncodified Laws of Utah to move the Commission for the Stewardship of
17     Public Lands into the State Commissions and Councils Code;
18          ▸     inserts existing law regarding the creation of, and duties for, the Commission for the
19     Stewardship of Public Lands as new language in Title 63C, State Commissions and
20     Councils Code;
21          ▸      defines terms;
22          ▸     amends the duties of the commission to include the duty to make recommendations
23     concerning the use of funds in the Public Lands Litigation Restricted Account and
24     the Public Lands Litigation Expendable Special Revenue Fund;
25          ▸     creates the Public Lands Litigation Restricted Account;

26          ▸     establishes the purpose of the account;
27          ▸     requires a report to the Commission for the Stewardship of Public Lands before
28     money appropriated from the account is spent;
29          ▸     creates the Public Lands Litigation Expendable Special Revenue Fund;
30          ▸     establishes the purpose of the Public Lands Litigation Expendable Special Revenue
31     Fund, which includes accepting contributions and donations for litigation related to
32     public lands; and
33          ▸     requires the Division of Finance to report to the Commission for the Stewardship of
34     Public Lands before disbursing money from the fund.
35     Money Appropriated in this Bill:
36          None
37     Other Special Clauses:
38          This bill provides a special effective date.
39     Utah Code Sections Affected:
40     AMENDS:
41          63I-1-263, as last amended by Laws of Utah 2015, Chapters 182, 226, 278, 283, 409,
42     and 424
43     ENACTS:
44          63C-4b-101, Utah Code Annotated 1953
45          63C-4b-102, Utah Code Annotated 1953
46          63C-4b-103, Utah Code Annotated 1953
47          63C-4b-104, Utah Code Annotated 1953
48          63C-4b-105, Utah Code Annotated 1953
49          63C-4b-106, Utah Code Annotated 1953
50          63C-4b-107, Utah Code Annotated 1953
51     Uncodified Material Affected:
52     AMENDS UNCODIFIED MATERIAL:
53      Uncodified Section 5, Laws of Utah 2014, Chapter 319
54     

55     Be it enacted by the Legislature of the state of Utah:
56          Section 1. Section 63C-4b-101 is enacted to read:

57     
CHAPTER 4b. COMMISSION FOR THE STEWARDSHIP OF PUBLIC LANDS

58          63C-4b-101. Title.
59          This chapter is known as "Commission for the Stewardship of Public Lands."
60          Section 2. Section 63C-4b-102 is enacted to read:
61          63C-4b-102. Definitions.
62          For purposes of this chapter:
63          (1) "Account" means the Public Lands Litigation Restricted Account created in Section
64     63C-4b-105.
65          (2) "Commission" means the Commission for the Stewardship of Public Lands.
66          Section 3. Section 63C-4b-103 is enacted to read:
67          63C-4b-103. Commission for the Stewardship of Public Lands -- Creation --
68     Membership -- Interim rules followed -- Compensation -- Staff.
69          (1) There is created the Commission for the Stewardship of Public Lands consisting of
70     the following eight members:
71          (a) three members of the Senate appointed by the president of the Senate, no more than
72     two of whom may be from the same political party; and
73          (b) five members of the House of Representatives appointed by the speaker of the
74     House of Representatives, no more than four of whom may be from the same political party.
75          (2) (a) The president of the Senate shall designate a member of the Senate appointed
76     under Subsection (1)(a) as a cochair of the commission.
77          (b) The speaker of the House of Representatives shall designate a member of the House
78     of Representatives appointed under Subsection (1)(b) as a cochair of the commission.
79          (3) In conducting its business, the commission shall comply with the rules of
80     legislative interim committees.
81          (4) Salaries and expenses of the members of the commission shall be paid in
82     accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator
83     Compensation.
84          (5) The Office of Legislative Research and General Counsel shall provide staff support
85     to the commission.
86          Section 4. Section 63C-4b-104 is enacted to read:
87          63C-4b-104. Duties -- Interim report.

88          (1) The commission shall:
89          (a) convene at least eight times each year;
90          (b) review and make recommendations on the transfer of federally controlled public
91     lands to the state;
92          (c) review and make recommendations regarding the state's sovereign right to protect
93     the health, safety, and welfare of its citizens as it relates to public lands, including
94     recommendations concerning the use of funds in the account created in Section 63C-4b-105;
95          (d) study and evaluate the recommendations of the public lands transfer study and
96     economic analysis conducted by the Public Lands Policy Coordinating Office in accordance
97     with Section 63J-4-606;
98          (e) coordinate with and report on the efforts of the executive branch, the counties and
99     political subdivisions of the state, the state congressional delegation, western governors, other
100     states, and other stakeholders concerning the transfer of federally controlled public lands to the
101     state including convening working groups, such as a working group composed of members of
102     the Utah Association of Counties;
103          (f) study and make recommendations regarding the appropriate designation of public
104     lands transferred to the state, including stewardship of the land and appropriate uses of the
105     land;
106          (g) study and make recommendations regarding the use of funds received by the state
107     from the public lands transferred to the state; and
108          (h) receive reports from and make recommendations to the attorney general, the
109     Legislature, and other stakeholders involved in litigation on behalf of the state's interest in the
110     transfer of public lands to the state, regarding:
111          (i) preparation for potential litigation;
112          (ii) selection of outside legal counsel;
113          (iii) ongoing legal strategy for the transfer of public lands; and
114          (iv) use of money:
115          (A) appropriated by the Legislature for the purpose of securing the transfer of public
116     lands to the state under Section 63C-4b-105; and
117          (B) disbursed from the Public Lands Litigation Expendable Special Revenue Fund
118     created in Section 63C-4b-106.

119          (2) The commission shall prepare an annual report, including any proposed legislation,
120     and present the report to the Natural Resources, Agriculture, and Environment Interim
121     Committee on or before November 30, 2016, and on or before November 30 each year
122     thereafter.
123          Section 5. Section 63C-4b-105 is enacted to read:
124          63C-4b-105. Creation of Public Lands Litigation Restricted Account -- Sources of
125     funds -- Uses of funds -- Reports.
126          (1) There is created a restricted account within the General Fund known as the Public
127     Lands Litigation Restricted Account.
128          (2) The account created in Subsection (1) consists of money from the following
129     revenue sources:
130          (a) money received by the commission from other state agencies; and
131          (b) appropriations made by the Legislature.
132          (3) The Legislature may annually appropriate money from the account for the purposes
133     of asserting, defending, or litigating state and local government rights to the disposition and use
134     of federal lands within the state as those rights are granted by the United States Constitution,
135     the Utah Enabling Act, and other applicable law.
136          (4) (a) Any entity that receives money from the account shall, before disbursing the
137     money to another person for the purposes described in Subsection (3), or before spending the
138     money appropriated, report to the commission regarding:
139          (i) the amount of the disbursement;
140          (ii) who will receive the disbursement; and
141          (iii) the planned use for the disbursement.
142          (b) The commission may, upon receiving the report under Subsection (4)(a):
143          (i) advise the Legislature and the entity of the commission finding that the
144     disbursement is consistent with the purposes in Subsection (3); or
145          (ii) advise the Legislature and the entity of the commission finding that the
146     disbursement is not consistent with the purposes in Subsection (3).
147          Section 6. Section 63C-4b-106 is enacted to read:
148          63C-4b-106. Creation -- Public Land Litigation Expendable Special Revenue
149     Fund.

150          (1) There is created an expendable special revenue fund within the General Fund
151     known as the Public Lands Litigation Expendable Special Revenue Fund.
152          (2) The fund shall consist of gifts, grants, donations, or any other conveyance of money
153     that may be made to the fund from private sources and other states.
154          (3) The fund shall be administered by the Division of Finance in accordance with
155     Subsection (4).
156          (4) (a) The fund may be used only for the purpose of asserting, defending, or litigating
157     state and local government rights to the disposition and use of federal lands within the state as
158     those rights are granted by the United States Constitution, the Utah Enabling Act, and other
159     applicable law.
160          (b) Before each disbursement from the fund, the Division of Finance shall report to the
161     commission regarding:
162          (i) the sources of the money in the fund;
163          (ii) who will receive the disbursement;
164          (iii) the planned use of the disbursement; and
165          (iv) the amount of the disbursement.
166          (c) The commission may, upon receiving the report under Subsection (4)(b):
167          (i) advise the Legislature and the Division of Finance of the commission finding that
168     the disbursement is consistent with the purposes in Subsection (4)(a); or
169          (ii) advise the Legislature and the Division of Finance of the commission finding that
170     the disbursement is not consistent with the purposes in Subsection (4)(a).
171          Section 7. Section 63C-4b-107 is enacted to read:
172          63C-4b-107. Repeal of commission.
173          The commission is repealed in accordance with Section 63I-1-263.
174          Section 8. Section 63I-1-263 is amended to read:
175          63I-1-263. Repeal dates, Titles 63A to 63M.
176          (1) Section 63A-4-204, authorizing the Risk Management Fund to provide coverage to
177     any public school district which chooses to participate, is repealed July 1, 2016.
178          (2) Subsection 63A-5-104(4)(h) is repealed on July 1, 2024.
179          (3) Section 63A-5-603, State Facility Energy Efficiency Fund, is repealed July 1, 2016.
180          (4) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July

181     1, 2018.
182          (5) Title 63C, Chapter 4b, Commission for the Stewardship of Public Lands, is
183     repealed November 30, 2019.
184          [(5)] (6) Title 63C, Chapter 16, Prison Development Commission Act, is repealed July
185     1, 2020.
186          [(6)] (7) Subsection 63G-6a-1402(7) authorizing certain transportation agencies to
187     award a contract for a design-build transportation project in certain circumstances, is repealed
188     July 1, 2015.
189          [(7)] (8) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed
190     July 1, 2020.
191          [(8)] (9) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2016.
192          [(9)] (10) On July 1, 2025:
193          (a) in Subsection 17-27a-404(3)(c)(ii), the language that states "the Resource
194     Development Coordinating Committee," is repealed;
195          (b) Subsection 23-14-21(2)(c) is amended to read "(c) provide notification of proposed
196     sites for the transplant of species to local government officials having jurisdiction over areas
197     that may be affected by a transplant.";
198          (c) in Subsection 23-14-21(3), the language that states "and the Resource Development
199     Coordinating Committee" is repealed;
200          (d) in Subsection 23-21-2.3(1), the language that states "the Resource Development
201     Coordinating Committee created in Section 63J-4-501 and" is repealed;
202          (e) in Subsection 23-21-2.3(2), the language that states "the Resource Development
203     Coordinating Committee and" is repealed;
204          (f) Subsection 63J-4-102(1) is repealed and the remaining subsections are renumbered
205     accordingly;
206          (g) Subsections 63J-4-401(5)(a) and (c) are repealed;
207          (h) Subsection 63J-4-401(5)(b) is renumbered to Subsection 63J-4-401(5)(a) and the
208     word "and" is inserted immediately after the semicolon;
209          (i) Subsection 63J-4-401(5)(d) is renumbered to Subsection 63J-4-401(5)(b);
210          (j) Sections 63J-4-501, 63J-4-502, 63J-4-503, 63J-4-504, and 63J-4-505 are repealed;
211     and

212          (k) Subsection 63J-4-603(1)(e)(iv) is repealed and the remaining subsections are
213     renumbered accordingly.
214          [(10)] (11) The Crime Victim Reparations and Assistance Board, created in Section
215     63M-7-504, is repealed July 1, 2017.
216          [(11)] (12) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
217     2017.
218          [(12)] (13) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2018.
219          [(13)] (14) (a) Title 63N, Chapter 2, Part 4, Recycling Market Development Zone Act,
220     is repealed January 1, 2021.
221          (b) Subject to Subsection [(13)] (14)(c), Sections 59-7-610 and 59-10-1007 regarding
222     tax credits for certain persons in recycling market development zones, are repealed for taxable
223     years beginning on or after January 1, 2021.
224          (c) A person may not claim a tax credit under Section 59-7-610 or 59-10-1007:
225          (i) for the purchase price of machinery or equipment described in Section 59-7-610 or
226     59-10-1007, if the machinery or equipment is purchased on or after January 1, 2021; or
227          (ii) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), if
228     the expenditure is made on or after January 1, 2021.
229          (d) Notwithstanding Subsections [(13)] (14)(b) and (c), a person may carry forward a
230     tax credit in accordance with Section 59-7-610 or 59-10-1007 if:
231          (i) the person is entitled to a tax credit under Section 59-7-610 or 59-10-1007; and
232          (ii) (A) for the purchase price of machinery or equipment described in Section
233     59-7-610 or 59-10-1007, the machinery or equipment is purchased on or before December 31,
234     2020; or
235          (B) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), the
236     expenditure is made on or before December 31, 2020.
237          [(14)] (15) Section 63N-2-512 is repealed on July 1, 2021.
238          [(15)] (16) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
239     January 1, 2021.
240          (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
241     calendar years beginning on or after January 1, 2021.
242          (c) Notwithstanding Subsection [(15)] (16)(b), an entity may carry forward a tax credit

243     in accordance with Section 59-9-107 if:
244          (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
245     31, 2020; and
246          (ii) the qualified equity investment that is the basis of the tax credit is certified under
247     Section 63N-2-603 on or before December 31, 2023.
248          [(16)] (17) Title 63N, Chapter 12, Part 3, Utah Broadband Outreach Center, is repealed
249     July 1, 2018.
250          Section 9. Uncodified Section 5, Laws of Utah 2014, Chapter 319 is amended to
251     read:
252          Section 5. Repeal date.
253          (1) Uncodified [Sections 2, 3, and] Section 4, that [create] appropriates for the
254     Commission for the Stewardship of Public Lands, [are] is repealed on November 30, 2019.
255          (2) Uncodified Sections 2 and 3 that create the Commission for the Stewardship of
256     Public Lands are repealed on July 1, 2016, which is the effective date for Title 63C, Chapter
257     4b, Commission for the Stewardship of Public Lands.
258          Section 10. Effective date.
259          This bill takes effect on July 1, 2016.