Representative Brad R. Wilson proposes the following substitute bill:


1     
OUTDOOR RECREATION GRANT PROGRAM

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ralph Okerlund

5     
House Sponsor: Brad R. Wilson

6     

7     LONG TITLE
8     General Description:
9          This bill creates the State Transient Room Tax Act and modifies provisions related to
10     the Utah Office of Outdoor Recreation.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     imposes a state transient room tax on accommodations and related services;
15          ▸     creates the Outdoor Recreation Infrastructure Account and the Hospitality and
16     Tourism Management Education Account;
17          ▸     distributes the revenues the state collects from the state transient room tax to:
18               •     the Outdoor Recreation Infrastructure Account to implement the Outdoor
19     Recreational Infrastructure Grant Program; and
20               •     the Hospitality and Tourism Management Education Account to fund the
21     Hospitality and Tourism Management Career and Technical Education Pilot
22     Program; and
23          ▸     establishes the Utah Outdoor Recreation Grant Advisory Committee.
24     Money Appropriated in this Bill:
25          None

26     Other Special Clauses:
27          This bill provides a special effective date.
28     Utah Code Sections Affected:
29     AMENDS:
30          63I-1-253, as last amended by Laws of Utah 2016, Chapters 41, 63, and 169
31          63I-1-259, as last amended by Laws of Utah 2016, Chapters 350, 367, and 373
32          63I-1-263, as last amended by Laws of Utah 2016, Chapters 65, 136, 156, 322, and 408
33          63N-9-102, as last amended by Laws of Utah 2016, Chapter 88
34          63N-9-203, as enacted by Laws of Utah 2016, Chapter 88
35     ENACTS:
36          53A-15-206, Utah Code Annotated 1953
37          53A-15-207, Utah Code Annotated 1953
38          59-28-101, Utah Code Annotated 1953
39          59-28-102, Utah Code Annotated 1953
40          59-28-103, Utah Code Annotated 1953
41          59-28-104, Utah Code Annotated 1953
42          59-28-105, Utah Code Annotated 1953
43          59-28-106, Utah Code Annotated 1953
44          59-28-107, Utah Code Annotated 1953
45          63N-9-204, Utah Code Annotated 1953
46          63N-9-205, Utah Code Annotated 1953
47     

48     Be it enacted by the Legislature of the state of Utah:
49          Section 1. Section 53A-15-206 is enacted to read:
50          53A-15-206. Hospitality and Tourism Management Career and Technical
51     Education Pilot Program.
52          (1) As used in this section:
53          (a) "Board" means the State Board of Education.
54          (b) "Local education agency" means a school district or charter school.
55          (c) "Pilot program" means the Hospitality and Tourism Management Career and
56     Technical Education Pilot Program created under Subsection (2).

57          (2) There is created a Hospitality and Tourism Management Career and Technical
58     Education Pilot Program to provide instruction that a local education agency may offer to a
59     student in any of grades 9 through 12 on:
60          (a) the information and skills required for operational level employee positions in
61     hospitality and tourism management, including:
62          (i) hospitality soft skills;
63          (ii) operational areas of the hospitality industry;
64          (iii) sales and marketing; and
65          (iv) safety and security; and
66          (b) the leadership and managerial responsibilities, knowledge, and skills required by an
67     entry-level leader in hospitality and tourism management, including:
68          (i) hospitality leadership skills;
69          (ii) operational leadership;
70          (iii) managing food and beverage operations; and
71          (iv) managing business operations.
72          (3) The instruction described in Subsection (2) may be delivered in a public school
73     using live instruction, video, or online materials.
74          (4) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the board
75     shall select one or more providers to supply materials and curriculum for the pilot program.
76          (b) The board may seek recommendations from trade associations and other entities
77     that have expertise in hospitality and tourism management regarding potential providers of
78     materials and curriculum for the pilot program.
79          (5) (a) A local education agency may apply to the board to participate in the pilot
80     program.
81          (b) The board shall select participants in the pilot program.
82          (c) A local education agency that participates in the pilot program shall use the
83     materials and curriculum supplied by a provider selected under Subsection (4).
84          (6) The board shall evaluate the pilot program and provide an annual written report to
85     the Education Interim Committee and the Economic Development and Workforce Services
86     Interim Committee on or before October 1 describing:
87          (a) how many local education agencies and how many students are participating in the

88     pilot program; and
89          (b) any recommended changes to the pilot program.
90          Section 2. Section 53A-15-207 is enacted to read:
91          53A-15-207. Hospitality and Tourism Management Education Account -- Uses --
92     Costs.
93          (1) There is created an expendable special revenue fund known as the "Hospitality and
94     Tourism Management Education Account," which the State Board of Education shall use to
95     fund the Hospitality and Tourism Management Career and Technical Education Pilot Program
96     created in Section 53A-15-206.
97          (2) The account consists of:
98          (a) distributions to the account under Section 59-28-103;
99          (b) interest earned on the account;
100          (c) appropriations made by the Legislature; and
101          (d) private donations, grants, gifts, bequests, or money made available from any other
102     source to implement this part.
103          (3) The State Board of Education shall administer the account.
104          (4) The cost of administering the account shall be paid from money in the account.
105          (5) Interest accrued from investment of money in the account shall remain in the
106     account.
107          Section 3. Section 59-28-101 is enacted to read:
108     
CHAPTER 28. STATE TRANSIENT ROOM TAX ACT

109          59-28-101. Title.
110          This chapter is known as the "State Transient Room Tax Act."
111          Section 4. Section 59-28-102 is enacted to read:
112          59-28-102. Definitions.
113          As used in this chapter:
114          (1) "Agreement" means the same as that term is defined in Section 59-12-102.
115          (2) "Certified service provider" means the same as that term is defined in Section
116     59-12-102.
117          (3) "Model 2 seller" means the same as that term is defined in Section 59-12-102.
118          (4) "Purchaser" means the same as that term is defined in Section 59-12-102.

119          (5) "Sales price" means the same as that term is defined in Section 59-12-102.
120          (6) "Seller" means the same as that term is defined in Section 59-12-102.
121          Section 5. Section 59-28-103 is enacted to read:
122          59-28-103. Imposition -- Rate -- Revenue distribution.
123          (1) Subject to the other provisions of this chapter, the state shall impose a tax on the
124     transactions described in Subsection 59-12-103(1)(i) at a rate of .32%.
125          (2) The tax imposed under this chapter is in addition to any other taxes imposed on the
126     transactions described in Subsection 59-12-103(1)(i).
127          (3) (a) (i) Subject to Subsection (3)(a)(ii), the commission shall deposit 6% of the
128     revenue the state collects from the tax under this chapter into the Hospitality and Tourism
129     Management Education Account created in Section 53A-15-207 to fund the Hospitality and
130     Tourism Management Career and Technical Education Pilot Program created in Section
131     53A-15-206.
132          (ii) The commission may not deposit more than $300,000 into the Hospitality and
133     Tourism Management Education Account under Subsection (3)(a)(i) in a fiscal year year.
134          (b) Except for the amount deposited into the Hospitality and Tourism Management
135     Education Account under Subsection (3)(a) and the administrative charge retained under
136     Subsection 59-28-104(4), the commission shall deposit any revenue the state collects from the
137     tax under this chapter into the Outdoor Recreation Infrastructure Account created in Section
138     63N-9-205 to fund the Outdoor Recreational Infrastructure Grant Program created in Section
139     63N-9-202.
140          Section 6. Section 59-28-104 is enacted to read:
141          59-28-104. Collection of tax.
142          (1) Except as provided in Subsection (2), the commission shall administer, collect, and
143     enforce a tax under this chapter in accordance with:
144          (a) Chapter 1, General Taxation Policies; and
145          (b) the same procedures used to administer, collect, and enforce the tax under Chapter
146     12, Part 1, Tax Collection.
147          (2) A tax under this chapter is not subject to Section 59-12-107.1 or 59-12-123.
148          (3) A seller required to collect a tax under this chapter may retain 6% of any amounts
149     the seller is required to remit to the commission under this chapter for the costs of collecting

150     the tax.
151          (4) The commission shall retain and deposit an administrative charge in accordance
152     with Section 59-1-306 from the revenues the commission collects from a tax under this
153     chapter.
154          Section 7. Section 59-28-105 is enacted to read:
155          59-28-105. Seller or certified service provider reliance on commission
156     information.
157          A seller or certified service provider is not liable for failing to collect a tax at a tax rate
158     imposed under this chapter if the seller's or certified service provider's failure to collect the tax
159     is as a result of the seller's or certified service provider's reliance on incorrect data provided by
160     the commission in a database created by the commission:
161          (1) containing tax rates or boundaries regarding a tax under this chapter; or
162          (2) indicating the taxability of transactions described in Subsection 59-12-103(1)(i).
163          Section 8. Section 59-28-106 is enacted to read:
164          59-28-106. Certified service provider or model 2 seller reliance on commission
165     certified software.
166          (1) Except as provided in Subsection (2) and subject to Subsection (4), a certified
167     service provider or model 2 seller is not liable for failing to collect a tax required under this
168     chapter if:
169          (a) the certified service provider or model 2 seller relies on software the commission
170     certifies; and
171          (b) the certified service provider's or model 2 seller's failure to collect a tax required
172     under this chapter is as a result of the seller's or certified service provider's reliance on incorrect
173     data:
174          (i) provided by the commission; or
175          (ii) in the software the commission certifies.
176          (2) The relief from liability described in Subsection (1) does not apply if a certified
177     service provider or model 2 seller incorrectly classifies an item or transaction into a product
178     category the commission certifies.
179          (3) If the taxability of a product category is incorrectly classified in software the
180     commission certifies, the commission shall:

181          (a) notify a certified service provider or model 2 seller of the incorrect classification of
182     the taxability of a product category in software the commission certifies; and
183          (b) state in the notice required by Subsection (3)(a) that, if the certified service provider
184     or model 2 seller fails to correct the taxability of the item or transaction within 10 days after the
185     day on which the certified service provider or model 2 seller receives the notice, the certified
186     service provider or model 2 seller is liable for failing to collect the correct amount of tax under
187     this chapter on the incorrectly classified product category.
188          (4) If a certified service provider or model 2 seller fails to correct the taxability of an
189     item or transaction within 10 days after the day on which the certified service provider or
190     model 2 seller receives the notice described in Subsection (3), the certified service provider or
191     model 2 seller is liable for failing to collect the correct amount of tax under this chapter on the
192     item or transaction.
193          Section 9. Section 59-28-107 is enacted to read:
194          59-28-107. Purchaser relief from liability.
195          (1) (a) Except as provided in Subsection (1)(b), a purchaser is relieved from a penalty
196     under Section 59-1-401 for failure to pay a tax due under this chapter or an underpayment if:
197          (i) the purchaser's seller or certified service provider relies on incorrect data provided
198     by the commission:
199          (A) on a tax rate;
200          (B) on a boundary;
201          (C) on a taxing jurisdiction; or
202          (D) in the taxability matrix the commission provides in accordance with the agreement;
203     or
204          (ii) the purchaser, regardless of whether the purchaser holds a direct payment permit in
205     accordance with Section 59-12-107.1, relies on incorrect data provided by the commission:
206          (A) on a tax rate;
207          (B) on a boundary;
208          (C) on a taxing jurisdiction; or
209          (D) in the taxability matrix the commission provides in accordance with the agreement.
210          (b) For purposes of Subsection (1)(a), a purchaser is not relieved from a penalty under
211     Section 59-1-401 for failure to pay a tax due under this chapter or an underpayment if the

212     purchaser's, the purchaser's seller's, or the purchaser's certified service provider's reliance on
213     incorrect data provided by the commission is as a result of conduct that is:
214          (i) fraudulent;
215          (ii) intentional; or
216          (iii) willful.
217          (2) In addition to the relief from a penalty described in Subsection (1), a purchaser is
218     not liable for a tax or interest under Section 59-1-402 for failure to pay a tax due under this
219     chapter or an underpayment if:
220          (a) the purchaser's seller or certified service provider relies on:
221          (i) incorrect data provided by the commission:
222          (A) on a tax rate;
223          (B) on a boundary; or
224          (C) on a taxing jurisdiction; or
225          (ii) an erroneous classification by the commission:
226          (A) in the taxability matrix the commission provides in accordance with the agreement;
227     and
228          (B) with respect to a term in the library of definitions that is listed as taxable or
229     exempt, included in or excluded from "sales price," or included in or excluded from a
230     definition; or
231          (b) the purchaser, regardless of whether the purchaser holds a direct payment permit in
232     accordance with Section 59-12-107.1, relies on:
233          (i) incorrect data provided by the commission:
234          (A) on a tax rate;
235          (B) on a boundary; or
236          (C) on a taxing jurisdiction; or
237          (ii) an erroneous classification by the commission:
238          (A) in the taxability matrix the commission provides in accordance with the agreement;
239     and
240          (B) with respect to a term in the library of definitions that is listed as taxable or
241     exempt, included in or excluded from "sales price," or included in or excluded from a
242     definition.

243          Section 10. Section 63I-1-253 is amended to read:
244          63I-1-253. Repeal dates, Titles 53, 53A, and 53B.
245          The following provisions are repealed on the following dates:
246          (1) Subsection 53-10-202(18) is repealed July 1, 2018.
247          (2) Section 53-10-202.1 is repealed July 1, 2018.
248          (3) Title 53A, Chapter 1a, Part 6, Public Education Job Enhancement Program, is
249     repealed July 1, 2020.
250          (4) Section 53A-13-106.5 is repealed July 1, 2019.
251          (5) Section 53A-15-106 is repealed July 1, 2019.
252          (6) Sections 53A-15-206 and 53A-15-207 are repealed January 1, 2023.
253          [(6)] (7) Subsections 53A-16-113(3) and (4) are repealed December 31, 2016.
254          [(7)] (8) Section 53A-16-114 is repealed December 31, 2016.
255          [(8)] (9) Section 53A-17a-163, Performance-based Compensation Pilot Program, is
256     repealed July 1, 2016.
257          [(9)] (10) Title 53A, Chapter 31, Part 4, American Indian and Alaskan Native
258     Education State Plan Pilot Program, is repealed July 1, 2022.
259          [(10)] (11) Section 53B-24-402, Rural residency training program, is repealed July 1,
260     2020.
261          [(11)] (12) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of
262     money from the Land Exchange Distribution Account to the Geological Survey for test wells,
263     other hydrologic studies, and air quality monitoring in the West Desert, is repealed July 1,
264     2020.
265          Section 11. Section 63I-1-259 is amended to read:
266          63I-1-259. Repeal dates, Title 59.
267          (1) Subsection 59-2-924(7) is repealed on December 31, 2016.
268          (2) Subsection 59-2-924.2(9) is repealed on December 31, 2017.
269          (3) Section 59-2-924.3 is repealed on December 31, 2016.
270          (4) Section 59-7-618 is repealed July 1, 2020.
271          (5) Section 59-9-102.5 is repealed December 31, 2020.
272          (6) Section 59-10-1033 is repealed July 1, 2020.
273          (7) Subsection 59-12-2219(13) is repealed on June 30, 2020.

274          (8) Title 59, Chapter 28, State Transient Room Tax Act, is repealed on January 1,
275     2023.
276          Section 12. Section 63I-1-263 is amended to read:
277          63I-1-263. Repeal dates, Titles 63A to 63N.
278          (1) Subsection 63A-5-104(4)(h) is repealed on July 1, 2024.
279          (2) Section 63A-5-603, State Facility Energy Efficiency Fund, is repealed July 1, 2023.
280          (3) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
281     1, 2018.
282          (4) Title 63C, Chapter 4b, Commission for the Stewardship of Public Lands, is
283     repealed November 30, 2019.
284          (5) Title 63C, Chapter 16, Prison Development Commission Act, is repealed July 1,
285     2020.
286          (6) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
287     repealed July 1, 2021.
288          (7) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
289     2020.
290          (8) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
291          (9) On July 1, 2025:
292          (a) in Subsection 17-27a-404(3)(c)(ii), the language that states "the Resource
293     Development Coordinating Committee," is repealed;
294          (b) Subsection 23-14-21(2)(c) is amended to read "(c) provide notification of proposed
295     sites for the transplant of species to local government officials having jurisdiction over areas
296     that may be affected by a transplant.";
297          (c) in Subsection 23-14-21(3), the language that states "and the Resource Development
298     Coordinating Committee" is repealed;
299          (d) in Subsection 23-21-2.3(1), the language that states "the Resource Development
300     Coordinating Committee created in Section 63J-4-501 and" is repealed;
301          (e) in Subsection 23-21-2.3(2), the language that states "the Resource Development
302     Coordinating Committee and" is repealed;
303          (f) Subsection 63J-4-102(1) is repealed and the remaining subsections are renumbered
304     accordingly;

305          (g) Subsections 63J-4-401(5)(a) and (c) are repealed;
306          (h) Subsection 63J-4-401(5)(b) is renumbered to Subsection 63J-4-401(5)(a) and the
307     word "and" is inserted immediately after the semicolon;
308          (i) Subsection 63J-4-401(5)(d) is renumbered to Subsection 63J-4-401(5)(b);
309          (j) Sections 63J-4-501, 63J-4-502, 63J-4-503, 63J-4-504, and 63J-4-505 are repealed;
310     and
311          (k) Subsection 63J-4-603(1)(e)(iv) is repealed and the remaining subsections are
312     renumbered accordingly.
313          (10) The Crime Victim Reparations and Assistance Board, created in Section
314     63M-7-504, is repealed July 1, 2017.
315          (11) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2017.
316          (12) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2018.
317          (13) (a) Title 63N, Chapter 2, Part 4, Recycling Market Development Zone Act, is
318     repealed January 1, 2021.
319          (b) Subject to Subsection (13)(c), Sections 59-7-610 and 59-10-1007 regarding tax
320     credits for certain persons in recycling market development zones, are repealed for taxable
321     years beginning on or after January 1, 2021.
322          (c) A person may not claim a tax credit under Section 59-7-610 or 59-10-1007:
323          (i) for the purchase price of machinery or equipment described in Section 59-7-610 or
324     59-10-1007, if the machinery or equipment is purchased on or after January 1, 2021; or
325          (ii) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), if
326     the expenditure is made on or after January 1, 2021.
327          (d) Notwithstanding Subsections (13)(b) and (c), a person may carry forward a tax
328     credit in accordance with Section 59-7-610 or 59-10-1007 if:
329          (i) the person is entitled to a tax credit under Section 59-7-610 or 59-10-1007; and
330          (ii) (A) for the purchase price of machinery or equipment described in Section
331     59-7-610 or 59-10-1007, the machinery or equipment is purchased on or before December 31,
332     2020; or
333          (B) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), the
334     expenditure is made on or before December 31, 2020.
335          (14) Section 63N-2-512 is repealed on July 1, 2021.

336          (15) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
337     January 1, 2021.
338          (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
339     calendar years beginning on or after January 1, 2021.
340          (c) Notwithstanding Subsection (15)(b), an entity may carry forward a tax credit in
341     accordance with Section 59-9-107 if:
342          (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
343     31, 2020; and
344          (ii) the qualified equity investment that is the basis of the tax credit is certified under
345     Section 63N-2-603 on or before December 31, 2023.
346          (16) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant Program,
347     is repealed January 1, 2023.
348          [(16)] (17) Title 63N, Chapter 12, Part 3, Utah Broadband Outreach Center, is repealed
349     July 1, 2018.
350          Section 13. Section 63N-9-102 is amended to read:
351          63N-9-102. Definitions.
352          As used in this chapter:
353          (1) "Accessible to the general public," in relation to the awarding of an infrastructure
354     grant, means:
355          (a) the public may use the infrastructure in accordance with federal and state
356     regulations; and
357          (b) no community or group retains exclusive rights to access the infrastructure.
358          (2) "Director" means the director of the outdoor recreation office.
359          (3) "Executive director" means the executive director of GOED.
360          (4) "Infrastructure grant" means an outdoor recreational infrastructure grant described
361     in Section 63N-9-202.
362          (5) "Outdoor recreation office" means the Utah Office of Outdoor Recreation created in
363     Section 63N-9-104.
364          (6) (a) "Recreational infrastructure project" means an undertaking to build or improve
365     the approved facilities[, services,] and installations needed for the public to access and enjoy
366     the state's outdoors.

367          (b) "Recreational infrastructure project" may include the:
368          (i) establishment, construction, or renovation of a trail, trail infrastructure, or trail
369     facilities;
370          (ii) construction of a project for water-related outdoor recreational activities;
371          (iii) development of a project for wildlife watching opportunities, including bird
372     watching;
373          (iv) development of a project that provides winter recreation amenities;
374          (v) construction or improvement of a community park that has amenities for outdoor
375     recreation; and
376          (vi) construction or improvement of a naturalistic and accessible playground[; and].
377          [(vii) development, establishment, or expansion of a program for youth related to
378     outdoor recreation.]
379          (7) "Underserved or underprivileged community" means a group of people, including a
380     municipality, county, or American Indian tribe that:
381          (a) has limited access or has demonstrated a low level of use of recreational
382     infrastructure; and
383          (b) is economically disadvantaged.
384          Section 14. Section 63N-9-203 is amended to read:
385          63N-9-203. Rulemaking and requirements for awarding an infrastructure grant.
386          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
387     outdoor recreation office shall make rules establishing the eligibility and reporting criteria for
388     an entity to receive an infrastructure grant, including:
389          (a) the form and process of submitting an application to the outdoor recreation office
390     for an infrastructure grant;
391          (b) which entities are eligible to apply for an infrastructure grant;
392          (c) specific categories of recreational infrastructure projects that are eligible for an
393     infrastructure grant;
394          (d) the method and formula for determining grant amounts; and
395          (e) the reporting requirements of grant recipients.
396          (2) In determining the award of an infrastructure grant, the outdoor recreation office
397     may prioritize a recreational infrastructure project that will serve an underprivileged or

398     underserved community.
399          (3) An infrastructure grant may only be awarded by the executive director after
400     consultation with the director and the board.
401          (4) The following entities may not receive an infrastructure grant under this part:
402          (a) a federal government entity;
403          (b) a state agency; and
404          (c) a for-profit entity.
405          (5) An infrastructure grant may only be awarded under this part:
406          (a) for a recreational infrastructure project that is accessible to the general public; and
407          (b) subject to Subsections (6) and (7), if the grant recipient agrees to provide matching
408     funds having a value equal to or greater than the amount of the infrastructure grant.
409          (6) Up to 50% of the grant recipient match described in Subsection (5)(b) may be
410     provided through an in-kind contribution by the grant recipient, if:
411          (a) approved by the executive director after consultation with the director and the
412     board; and
413          (b) the in-kind donation does not include real property.
414          (7) An infrastructure grant may not be awarded under this part if the grant, or the grant
415     recipient match described in Subsection (5)(b), will be used for the purchase of real property or
416     for the purchase or transfer of a conservation easement.
417          Section 15. Section 63N-9-204 is enacted to read:
418          63N-9-204. Utah Outdoor Recreation Grant Advisory Committee -- Membership
419     -- Duties -- Expenses.
420          (1) As used in this section, "advisory committee" means the Utah Outdoor Recreation
421     Grant Advisory Committee created in Subsection (2).
422          (2) There is created in the office the Utah Outdoor Recreation Grant Advisory
423     Committee, composed of the following 14 members:
424          (a) five members representing state or federal government as follows:
425          (i) the director;
426          (ii) the director of the Division of Parks and Recreation created in Section 79-4-201 or
427     the director's designee;
428          (iii) one member who is an employee of the office engaged in the duties described in

429     Section 63N-7-201, appointed by the executive director;
430          (iv) one member representing the Bureau of Land Management, appointed by the
431     executive director; and
432          (v) one member representing the National Park Service Rivers, Trails and
433     Conservation Assistance Program, appointed by the executive director;
434          (b) nine members representing local government, the private sector, or the public that
435     are knowledgeable about outdoor recreation activities or tourism-based economic development,
436     appointed by the executive director as follows:
437          (i) one member representing municipal government, recommended by the Utah League
438     of Cities and Towns;
439          (ii) one member representing county government, recommended by the Utah
440     Association of Counties;
441          (iii) two members representing the outdoor industry;
442          (iv) one member representing the Utah Tourism Industry Association;
443          (v) one member representing the Utah Hotel and Lodging Association;
444          (vi) one member representing the health care industry;
445          (vii) one member representing multi-ability groups or programs; and
446          (viii) one member representing a university outdoor recreation, parks, or tourism
447     department; and
448          (c) one of the members appointed under Subsection (2)(b)(i) or (ii) shall represent rural
449     interests.
450          (3) The advisory committee shall advise and make recommendations to the office
451     regarding infrastructure grants.
452          (4) (a) Except as required by Subsection (4)(b), as terms of appointed advisory
453     committee members expire, the executive director shall appoint each new member or
454     reappointed member to a four-year term.
455          (b) Notwithstanding the requirements of Subsection (4)(a), the executive director shall,
456     at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
457     of appointed advisory committee members are staggered so that approximately half of the
458     appointed advisory committee members are appointed every two years.
459          (5) The director shall serve as chair of the advisory committee.

460          (6) The advisory committee shall elect annually a vice chair from the advisory
461     committee's members.
462          (7) When a vacancy occurs in the membership for any reason, the executive director
463     shall appoint the replacement for the unexpired term.
464          (8) A majority of the advisory committee constitutes a quorum for the purpose of
465     conducting advisory committee business and the action of a majority of a quorum constitutes
466     the action of the advisory committee.
467          (9) The office shall provide administrative staff support for the advisory committee.
468          (10) A member may not receive compensation or benefits for the member's service, but
469     a member appointed under Subsection (2)(b) may receive per diem and travel expenses in
470     accordance with:
471          (a) Section 63A-3-106;
472          (b) Section 63A-3-107; and
473          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
474     63A-3-107.
475          (11) The advisory committee, as a governmental entity, has all the rights, privileges,
476     and immunities of a governmental entity of the state and the advisory committee meetings are
477     subject to Title 52, Chapter 4, Open and Public Meetings Act.
478          Section 16. Section 63N-9-205 is enacted to read:
479          63N-9-205. Utah Outdoor Recreation Infrastructure Account -- Uses -- Costs.
480          (1) There is created an expendable special revenue fund known as the "Outdoor
481     Recreation Infrastructure Account," which the office shall use to fund the Outdoor Recreational
482     Infrastructure Grant Program created in Section 63N-9-202.
483          (2) The account consists of:
484          (a) distributions to the account under Section 59-28-103;
485          (b) interest earned on the account;
486          (c) appropriations made by the Legislature; and
487          (d) private donations, grants, gifts, bequests, or money made available from any other
488     source to implement this part.
489          (3) The office shall, with the advice of the Utah Outdoor Recreation Grant Advisory
490     Committee created in Section 63N-9-204, administer the account.

491          (4) The cost of administering the account shall be paid from money in the account.
492          (5) Interest accrued from investment of money in the account shall remain in the
493     account.
494          Section 17. Effective date.
495          This bill takes effect on January 1, 2018.