1
2
3
4
5
6
7
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
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 [
185 1, 2020.
186 [
187 award a contract for a design-build transportation project in certain circumstances, is repealed
188 July 1, 2015.
189 [
190 July 1, 2020.
191 [
192 [
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 [
215 63M-7-504, is repealed July 1, 2017.
216 [
217 2017.
218 [
219 [
220 is repealed January 1, 2021.
221 (b) Subject to Subsection [
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 [
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 [
238 [
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 [
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 [
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 [
254 Commission for the Stewardship of Public Lands, [
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.