Senator Wayne A. Harper proposes the following substitute bill:





Chief Sponsor: Walt Brooks

Senate Sponsor: Wayne A. Harper


9     General Description:
10          This bill makes changes related to the Utah State Railroad Museum Authority.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires the Utah State Railroad Museum Authority to return unused appropriations
14     to the Division of Finance for deposit in the General Fund;
15          ▸     provides for the repeal of the Utah State Railroad Museum Authority; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          This bill appropriates in fiscal year 2023:
19          ▸     to the Department of Cultural and Community Engagement -- Pass Through, as a
20     one-time appropriation:
21               •     from the General Fund, One-time, $97,800.
22     Other Special Clauses:
23          This bill provides a special effective date.
24     Utah Code Sections Affected:
25     AMENDS:

26          63E-1-102, as last amended by Laws of Utah 2018, Chapter 393
27          63I-2-263, as last amended by Laws of Utah 2021, First Special Session, Chapter 4
28     ENACTS:
29          63H-5-111, Utah Code Annotated 1953

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 63E-1-102 is amended to read:
33          63E-1-102. Definitions -- List of independent entities.
34          As used in this title:
35          (1) "Authorizing statute" means the statute creating an entity as an independent entity.
36          (2) "Committee" means the Retirement and Independent Entities Committee created by
37     Section 63E-1-201.
38          (3) "Independent corporation" means a corporation incorporated in accordance with
39     Chapter 2, Independent Corporations Act.
40          (4) (a) "Independent entity" means an entity having a public purpose relating to the
41     state or its citizens that is individually created by the state or is given by the state the right to
42     exist and conduct its affairs as an:
43          (i) independent state agency; or
44          (ii) independent corporation.
45          (b) "Independent entity" includes the:
46          (i) Utah Beef Council, created by Section 4-21-103;
47          (ii) Utah Dairy Commission created by Section 4-22-103;
48          (iii) Heber Valley Historic Railroad Authority created by Section 63H-4-102;
49          [(iv) Utah State Railroad Museum Authority created by Section 63H-5-102;]
50          [(v)] (iv) Utah Housing Corporation created by Section 63H-8-201;
51          [(vi)] (v) Utah State Fair Corporation created by Section 63H-6-103;
52          [(vii)] (vi) Utah State Retirement Office created by Section 49-11-201;
53          [(viii)] (vii) School and Institutional Trust Lands Administration created by Section
54     53C-1-201;
55          [(ix)] (viii) School and Institutional Trust Fund Office created by Section 53D-1-201;
56          [(x)] (ix) Utah Communications Authority created by Section 63H-7a-201;

57          [(xi)] (x) Utah Energy Infrastructure Authority created by Section 63H-2-201;
58          [(xii)] (xi) Utah Capital Investment Corporation created by Section 63N-6-301; and
59          [(xiii)] (xii) Military Installation Development Authority created by Section
60     63H-1-201.
61          (c) Notwithstanding this Subsection (4), "independent entity" does not include:
62          (i) the Public Service Commission of Utah created by Section 54-1-1;
63          (ii) an institution within the state system of higher education;
64          (iii) a city, county, or town;
65          (iv) a local school district;
66          (v) a local district under Title 17B, Limited Purpose Local Government Entities - Local
67     Districts; or
68          (vi) a special service district under Title 17D, Chapter 1, Special Service District Act.
69          (5) "Independent state agency" means an entity that is created by the state, but is
70     independent of the governor's direct supervisory control.
71          (6) "Money held in trust" means money maintained for the benefit of:
72          (a) one or more private individuals, including public employees;
73          (b) one or more public or private entities; or
74          (c) the owners of a quasi-public corporation.
75          (7) "Public corporation" means an artificial person, public in ownership, individually
76     created by the state as a body politic and corporate for the administration of a public purpose
77     relating to the state or its citizens.
78          (8) "Quasi-public corporation" means an artificial person, private in ownership,
79     individually created as a corporation by the state, which has accepted from the state the grant of
80     a franchise or contract involving the performance of a public purpose relating to the state or its
81     citizens.
82          Section 2. Section 63H-5-111 is enacted to read:
83          63H-5-111. Return of appropriations.
84          (1) On or before June 30, 2022, the authority shall return to the Division of Finance the
85     unused portion of appropriations made to the authority by the Legislature.
86          (2) The Division of Finance shall deposit funds received from the authority in the
87     General Fund.

88          Section 3. Section 63I-2-263 is amended to read:
89          63I-2-263. Repeal dates, Title 63A to Title 63N.
90          (1) Section 63A-3-111 is repealed June 30, 2021.
91          (2) Title 63C, Chapter 19, Higher Education Strategic Planning Commission is
92     repealed July 1, 2021.
93          (3) Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
94     Commission is repealed July 1, 2023.
95          (4) Section 63G-1-502 is repealed July 1, 2022.
96          (5) The following sections regarding the World War II Memorial Commission are
97     repealed on July 1, 2022:
98          (a) Section 63G-1-801;
99          (b) Section 63G-1-802;
100          (c) Section 63G-1-803; and
101          (d) Section 63G-1-804.
102          (6) Title 63H, Chapter 5, Utah State Railroad Museum Authority, is repealed on July 1,
103     2022.
104          [(6)] (7) Section 63H-7a-303 is repealed July 1, 2024.
105          [(7)] (8) Subsection 63J-1-206(3)(c), relating to coronavirus, is repealed July 1, 2021.
106          [(8)] (9) Sections 63M-7-213 and 63M-7-213.5 are repealed on January 1, 2023.
107          [(9)] (10) Section 63M-7-217 is repealed on July 1, 2022.
108          [(10)] (11) Title 63N, Chapter 13, Part 3, Facilitating Public-private Partnerships Act,
109     is repealed January 1, 2024.
110          [(11)] (12) Title 63N, Chapter 15, COVID-19 Economic Recovery Programs, is
111     repealed December 31, 2021.
112          Section 4. Appropriation.
113          The following sums of money are appropriated for the fiscal year beginning July 1,
114     2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
115     fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
116     Act, the Legislature appropriates the following sums of money from the funds or accounts
117     indicated for the use and support of the government of the state of Utah.
118     ITEM 1

119          To Department of Cultural and Community Engagement -- Pass Through
120               From General Fund, One-time

121               Schedule of Programs:
122                    Pass Through                              $97,800
123          The Legislature intends that the Department of Cultural and Community Engagement
124     pass through:
125          (1) one-half of the appropriation described in this item to the Heber Valley Historic
126     Railroad Authority, to be used in accordance with the requirements described in Subsection
127     63H-4-106(3); and
128          (2) one-half of the appropriation described in this item to the Ogden Union Station, to
129     be used for operations and maintenance costs.
130          Section 5. Effective date.
131          This bill takes effect on May 4, 2022, except that the amendments to Section 63E-1-102
132     take effect on July 1, 2022.