Senator Kirk A. Cullimore proposes the following substitute bill:


1     
OUTDOOR ADVENTURE COMMISSION AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jeffrey D. Stenquist

5     
Senate Sponsor: Kirk A. Cullimore

6     

7     LONG TITLE
8     General Description:
9          This bill addresses the Outdoor Adventure Commission conducting strategic planning
10     activities related to the state's outdoor recreation opportunities.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     creates the Outdoor Adventure Commission;
15          ▸     directs the commission to gather information on recreation assets and develop a
16     strategic plan;
17          ▸     designates what the strategic plan shall address;
18          ▸     requires regional meetings;
19          ▸     provides for the selection of consultants to assist in developing the strategic plan;
20          ▸     addresses public-private partnerships;
21          ▸     provides a sunset date; and
22          ▸     makes technical changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:

26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          63I-1-263, as last amended by Laws of Utah 2019, Chapters 89, 246, 311, 414, 468,
30     469, 482 and last amended by Coordination Clause, Laws of Utah 2019, Chapter
31     246
32     ENACTS:
33          63C-21-101, Utah Code Annotated 1953
34          63C-21-102, Utah Code Annotated 1953
35          63C-21-201, Utah Code Annotated 1953
36          63C-21-202, Utah Code Annotated 1953
37          63C-21-203, Utah Code Annotated 1953
38     

39     Be it enacted by the Legislature of the state of Utah:
40          Section 1. Section 63C-21-101 is enacted to read:
41     
CHAPTER 21. OUTDOOR ADVENTURE COMMISSION

42     
Part 1. General Provisions

43          63C-21-101. Title.
44          This chapter is known as the "Outdoor Adventure Commission."
45          Section 2. Section 63C-21-102 is enacted to read:
46          63C-21-102. Definitions.
47          As used in this chapter:
48          (1) "Commission" means the Outdoor Adventure Commission created in Section
49     63C-21-201.
50          (2) "Strategic plan" means the strategic plan developed in Section 63C-21-202.
51          Section 3. Section 63C-21-201 is enacted to read:
52     
Part 2. Commission and Strategic Plan

53          63C-21-201. Outdoor Adventure Commission created.
54          (1) There is created the Outdoor Adventure Commission consisting of the following 14
55     members:
56          (a) one member of the Senate, appointed by the president of the Senate;

57          (b) one member of the House of Representatives, appointed by the speaker of the
58     House of Representatives;
59          (c) the director of the Utah Office of Outdoor Recreation, or the director's designee;
60          (d) the managing director of the Utah Office of Tourism, or the managing director's
61     designee;
62          (e) the director of the Division of Parks and Recreation, or the director's designee;
63          (f) the director of the School and Institutional Trust Lands Administration, or the
64     director's designee;
65          (g) the coordinator of the Off-Highway Vehicle and Recreational Trails Program
66     within the Division of Parks and Recreation;
67          (h) a representative of the agriculture industry appointed jointly by the president of the
68     Senate and the speaker of the House of Representatives;
69          (i) a representative of the natural resources development industry appointed jointly by
70     the president of the Senate and the speaker of the House of Representatives;
71          (j) one representative of the Utah League of Cities and Towns appointed by the Utah
72     League of Cities and Towns;
73          (k) one representative of the Utah Association of Counties appointed by the Utah
74     Association of Counties;
75          (l) one individual appointed jointly by the Utah League of Cities and Towns and the
76     Utah Association of Counties;
77          (m) a representative of conservation interests appointed jointly by the president of the
78     Senate and the speaker of the House of Representatives; and
79          (n) a representative of the outdoor recreation industry appointed jointly by the president
80     of the Senate and the speaker of the House of Representatives.
81          (2) (a) The senator appointed under Subsection (1)(a) is a cochair of the commission.
82          (b) The representative appointed under Subsection (1)(b) is a cochair of the
83     commission.
84          (3) (a) If a vacancy occurs in the membership of the commission appointed under
85     Subsection (1)(a) or (b), or Subsections (1)(h) through (n), the member shall be replaced in the
86     same manner in which the original appointment was made.
87          (b) A member appointed under Subsections (1)(h) through (n) serves until the

88     member's successor is appointed and qualified.
89          (4) (a) Eight commission members constitutes a quorum.
90          (b) The action of a majority of a quorum constitutes an action of the commission.
91          (5) (a) The salary and expenses of a commission member who is a legislator shall be
92     paid in accordance with Section 36-2-2, Legislative Joint Rules, Title 5, Chapter 2, Lodging,
93     Meal, and Transportation Expenses, and Legislative Joint Rules, Title 5, Chapter 3, Legislator
94     Compensation.
95          (b) A commission member who is not a legislator may not receive compensation or
96     benefits for the member's service on the commission, but may receive per diem and
97     reimbursement for travel expenses incurred as a commission member at the rates established by
98     the Division of Finance under:
99          (i) Sections 63A-3-106 and 63A-3-107; and
100          (ii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
101     63A-3-107.
102          (6) The Department of Transportation shall serve as a technical advisor to the
103     commission.
104          (7) The Office of Legislative Research and General Counsel and the Office of the
105     Legislative Fiscal Analyst shall provide staff support to the commission.
106          Section 4. Section 63C-21-202 is enacted to read:
107          63C-21-202. Strategic plan -- Commission powers and duties -- Consultant --
108     Reports.
109          (1) (a) The commission shall gather information on recreation assets from state and
110     local agencies and other sources and develop a strategic plan aimed at meeting the future needs
111     of outdoor recreation within the state in order to enhance the quality of life of Utah residents.
112     Asset lists received from state and local agencies shall include:
113          (i) common data points, to be established by the Office of Outdoor Recreation that can
114     be uniformly compared with other recreation assets within the state, such as asset type, size,
115     unique characteristics, vegetation, land ownership, and similar items;
116          (ii) any specific needs, challenges, or limitations on recreation use of the assets; and
117          (iii) a ranking of potential enhancements to the assets related to recreation use.
118          (b) The strategic plan shall address:

119          (i) outdoor recreation as a major contributor to residents' quality of life;
120          (ii) the needs and impacts of residents who engage in outdoor recreation;
121          (iii) the impact on local communities related to outdoor recreation, including the costs
122     associated with emergency services and infrastructure;
123          (iv) outdoor recreation as a means to retain and attract an exceptional workforce to
124     provide for a sustainable economy;
125          (v) impacts to the environment, wildlife, and natural resources and measures to
126     preserve the natural beauty of the state as more people engage in outdoor recreation;
127          (vi) identify opportunities for sustainable revenue sources to provide for maintenance
128     and future needs;
129          (vii) the interface with public lands that are federally managed and private lands; and
130          (viii) other items determined by the commission.
131          (2) The commission shall:
132          (a) engage one or more consultants to:
133          (i) manage the strategic planning process in accordance with Subsection (3); and
134          (ii) conduct analytical work in accordance with Subsection (3);
135          (b) guide the analytical work of a consultant described in Subsection (2)(a) and review
136     the results of the work;
137          (c) coordinate with a consultant described in Subsection (2)(a) to engage in a process
138     and create a strategic plan;
139          (d) conduct regional meetings to gather stakeholder input during the strategic planning
140     process;
141          (e) seek input from federal entities including the United States Department of the
142     Interior, the United States Department of Agriculture, and Utah's congressional delegation; and
143          (f) produce a final report including a strategic plan and any recommendations.
144          (3) The commission by contract with a consultant engaged under Subsection (2)(a)
145     shall direct the consultant to:
146          (a) conduct an inventory of existing outdoor recreation resources, programs, and
147     information;
148          (b) conduct an analysis of what is needed to develop and implement an effective
149     outdoor recreation strategy aimed at enhancing the quality of life of Utah residents;

150          (c) collect and analyze data related to the future projected conditions of the outdoor
151     recreation resources, programs, and information, including the affordability and financing of
152     outdoor recreation;
153          (d) develop alternatives to the projection described in Subsection (3)(c) by modeling
154     potential changes to the outdoor recreation industry and economic growth;
155          (e) in coordination with the commission, engage in extensive local stakeholder
156     involvement to better understand the needs of, concerns of, and opportunities for different
157     communities and outdoor recreation user types;
158          (f) recommend accountability or performance measures to assess the effectiveness of
159     the outdoor recreation system;
160          (g) based on the data described in this Subsection (3), make comparisons between
161     outdoor recreation in Utah and outdoor recreation in other states or countries;
162          (h) in coordination with the commission, conduct the regional meetings described in
163     Subsection (2)(d) to share information and seek input from a range of stakeholders;
164          (i) recommend changes to the governance system for outdoor recreation that would
165     facilitate implementation of the strategic plan;
166          (j) engage in any other data collection or analysis requested by the commission; and
167          (k) produce for the commission:
168          (i) a draft report of findings, observations, and strategic priorities, including:
169          (A) a statewide vision and strategy for outdoor recreation;
170          (B) a strategy for how to meaningfully engage stakeholders throughout the state;
171          (C) funding needs related to outdoor recreation; and
172          (D) recommendations for the steps the state should take to implement a statewide
173     vision and strategy for outdoor recreation; and
174          (ii) a final report, incorporating feedback from the commission on the draft report
175     described in Subsection (3)(k)(i), regarding the future of the outdoor recreation in the state.
176          Section 5. Section 63C-21-203 is enacted to read:
177          63C-21-203. Public-private partnerships.
178          The commission may facilitate or encourage public-private partnerships to provide for
179     outdoor recreation resources, programs, or information.
180          Section 6. Section 63I-1-263 is amended to read:

181          63I-1-263. Repeal dates, Titles 63A to 63N.
182          (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
183          (a) Subsection 63A-1-201(1) is repealed;
184          (b) Subsection 63A-1-202(2)(c), the language that states "using criteria established by
185     the board" is repealed;
186          (c) Section 63A-1-203 is repealed;
187          (d) Subsections 63A-1-204(1) and (2), the language that states "After consultation with
188     the board, and" is repealed; and
189          (e) Subsection 63A-1-204(1)(b), the language that states "using the standards provided
190     in Subsection 63A-1-203(3)(c)" is repealed.
191          (2) Subsection 63A-5-228(2)(h), relating to prioritizing and allocating capital
192     improvement funding, is repealed on July 1, 2024.
193          (3) Section 63A-5-603, State Facility Energy Efficiency Fund, is repealed July 1, 2023.
194          (4) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
195     1, 2028.
196          (5) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
197     2025.
198          (6) Title 63C, Chapter 16, Prison Development Commission Act, is repealed July 1,
199     2020.
200          (7) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
201     repealed July 1, 2021.
202          (8) Title 63C, Chapter 18, Mental Health Crisis Line Commission, is repealed July 1,
203     2023.
204          (9) Title 63C, Chapter 21, Outdoor Adventure Commission, is repealed July 1, 2025.
205          [(9)] (10) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed
206     July 1, 2025.
207          [(10)] (11) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed
208     July 1, 2020.
209          [(11)] (12) In relation to the State Fair Corporation Board of Directors, on January 1,
210     2025:
211          (a) Subsection 63H-6-104(2)(c), related to a Senate appointment, is repealed;

212          (b) Subsection 63H-6-104(2)(d), related to a House appointment, is repealed;
213          (c) in Subsection 63H-6-104(2)(e), the language that states ", of whom only one may
214     be a legislator, in accordance with Subsection (3)(e)," is repealed;
215          (d) Subsection 63H-6-104(3)(a)(i) is amended to read:
216          "(3)(a)(i) Except as provided in Subsection (3)(a)(ii), a board member appointed under
217     Subsection (2)(e) or (f) shall serve a term that expires on the December 1 four years after the
218     year that the board member was appointed.";
219          (e) in Subsections 63H-6-104(3)(a)(ii), (c)(ii), and (d), the language that states "the
220     president of the Senate, the speaker of the House, the governor," is repealed and replaced with
221     "the governor"; and
222          (f) Subsection 63H-6-104(3)(e), related to limits on the number of legislators, is
223     repealed.
224          [(12)] (13) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1,
225     2026.
226          [(13)] (14) Section 63M-7-212 is repealed on December 31, 2019.
227          [(14)] (15) On July 1, 2025:
228          (a) in Subsection 17-27a-404(3)(c)(ii), the language that states "the Resource
229     Development Coordinating Committee," is repealed;
230          (b) Subsection 23-14-21(2)(c) is amended to read "(c) provide notification of proposed
231     sites for the transplant of species to local government officials having jurisdiction over areas
232     that may be affected by a transplant.";
233          (c) in Subsection 23-14-21(3), the language that states "and the Resource Development
234     Coordinating Committee" is repealed;
235          (d) in Subsection 23-21-2.3(1), the language that states "the Resource Development
236     Coordinating Committee created in Section 63J-4-501 and" is repealed;
237          (e) in Subsection 23-21-2.3(2), the language that states "the Resource Development
238     Coordinating Committee and" is repealed;
239          (f) Subsection 63J-4-102(1) is repealed and the remaining subsections are renumbered
240     accordingly;
241          (g) Subsections 63J-4-401(5)(a) and (c) are repealed;
242          (h) Subsection 63J-4-401(5)(b) is renumbered to Subsection 63J-4-401(5)(a) and the

243     word "and" is inserted immediately after the semicolon;
244          (i) Subsection 63J-4-401(5)(d) is renumbered to Subsection 63J-4-401(5)(b);
245          (j) Sections 63J-4-501, 63J-4-502, 63J-4-503, 63J-4-504, and 63J-4-505 are repealed;
246     and
247          (k) Subsection 63J-4-603(1)(e)(iv) is repealed and the remaining subsections are
248     renumbered accordingly.
249          [(15)] (16) Subsection 63J-1-602.1(13), Nurse Home Visiting Restricted Account is
250     repealed July 1, 2026.
251          [(16)] (17) Subsection 63J-1-602.2(4), referring to dedicated credits to the Utah
252     Marriage Commission, is repealed July 1, 2023.
253          [(17)] (18) Subsection 63J-1-602.2(5), referring to the Trip Reduction Program, is
254     repealed July 1, 2022.
255          [(18)] (19) (a) Subsection 63J-1-602.1(53), relating to the Utah Statewide Radio
256     System Restricted Account, is repealed July 1, 2022.
257          (b) When repealing Subsection 63J-1-602.1(53), the Office of Legislative Research and
258     General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
259     necessary changes to subsection numbering and cross references.
260          [(19)] (20) Subsection 63J-1-602.2(23), related to the Utah Seismic Safety
261     Commission, is repealed January 1, 2025.
262          [(20)] (21) Subsection 63J-4-708(1), in relation to the Talent Ready Utah Board, on
263     January 1, 2023, is amended to read:
264          "(1) On or before October 1, the board shall provide an annual written report to the
265     Social Services Appropriations Subcommittee and the Economic Development and Workforce
266     Services Interim Committee.".
267          [(21)] (22) In relation to the Utah Substance Use and Mental Health Advisory Council,
268     on January 1, 2023:
269          (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
270     repealed;
271          (b) Section 63M-7-305, the language that states "council" is replaced with
272     "commission";
273          (c) Subsection 63M-7-305(1) is repealed and replaced with:

274          "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
275          (d) Subsection 63M-7-305(2) is repealed and replaced with:
276          "(2) The commission shall:
277          (a) provide ongoing oversight of the implementation, functions, and evaluation of the
278     Drug-Related Offenses Reform Act; and
279          (b) coordinate the implementation of Section 77-18-1.1 and related provisions in
280     Subsections 77-18-1(5)(b)(iii) and (iv).".
281          [(22)] (23) The Crime Victim Reparations and Assistance Board, created in Section
282     63M-7-504, is repealed July 1, 2027.
283          [(23)] (24) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
284     2021.
285          [(24)] (25) Subsection 63N-1-301(4)(c), related to the Talent Ready Utah Board, is
286     repealed on January 1, 2023.
287          [(25)] (26) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
288          [(26)] (27) (a) Title 63N, Chapter 2, Part 4, Recycling Market Development Zone Act,
289     is repealed January 1, 2021.
290          (b) Subject to Subsection [(26)] (27)(c), Sections 59-7-610 and 59-10-1007 regarding
291     tax credits for certain persons in recycling market development zones, are repealed for taxable
292     years beginning on or after January 1, 2021.
293          (c) A person may not claim a tax credit under Section 59-7-610 or 59-10-1007:
294          (i) for the purchase price of machinery or equipment described in Section 59-7-610 or
295     59-10-1007, if the machinery or equipment is purchased on or after January 1, 2021; or
296          (ii) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), if
297     the expenditure is made on or after January 1, 2021.
298          (d) Notwithstanding Subsections [(26)] (27)(b) and (c), a person may carry forward a
299     tax credit in accordance with Section 59-7-610 or 59-10-1007 if:
300          (i) the person is entitled to a tax credit under Section 59-7-610 or 59-10-1007; and
301          (ii) (A) for the purchase price of machinery or equipment described in Section
302     59-7-610 or 59-10-1007, the machinery or equipment is purchased on or before December 31,
303     2020; or
304          (B) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), the

305     expenditure is made on or before December 31, 2020.
306          [(27)] (28) Section 63N-2-512 is repealed on July 1, 2021.
307          [(28)] (29) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
308     January 1, 2021.
309          (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
310     calendar years beginning on or after January 1, 2021.
311          (c) Notwithstanding Subsection [(28)] (29)(b), an entity may carry forward a tax credit
312     in accordance with Section 59-9-107 if:
313          (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
314     31, 2020; and
315          (ii) the qualified equity investment that is the basis of the tax credit is certified under
316     Section 63N-2-603 on or before December 31, 2023.
317          [(29)] (30) Subsections 63N-3-109(2)(e) and 63N-3-109(2)(f)(i) are repealed July 1,
318     2023.
319          [(30)] (31) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is
320     repealed July 1, 2023.
321          [(31)] (32) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant
322     Program, is repealed January 1, 2023.
323          [(32)] (33) In relation to the Pete Suazo Utah Athletic Commission, on January 1,
324     2021:
325          (a) Subsection 63N-10-201(2)(a) is amended to read:
326          "(2) (a) The governor shall appoint five commission members with the advice and
327     consent of the Senate.";
328          (b) Subsection 63N-10-201(2)(b), related to legislative appointments, is repealed;
329          (c) in Subsection 63N-10-201(3)(a), the language that states ", president, or speaker,
330     respectively," is repealed; and
331          (d) Subsection 63N-10-201(3)(d) is amended to read:
332          "(d) The governor may remove a commission member for any reason and replace the
333     commission member in accordance with this section.".
334          [(33)] (34) In relation to the Talent Ready Utah Board, on January 1, 2023:
335          (a) Subsection 9-22-102(16) is repealed;

336          (b) in Subsection 9-22-114(2), the language that states "Talent Ready Utah," is
337     repealed; and
338          (c) in Subsection 9-22-114(5), the language that states "representatives of Talent Ready
339     Utah," is repealed.
340          [(34)] (35) Title 63N, Chapter 12, Part 5, Talent Ready Utah Center, is repealed
341     January 1, 2023.