Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 132 (2015GS)

Sponsor

Rep. Stratton, K.

Final action

Governor Signed 3/30/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• adds financing provisions to the Interstate Compact on the Transfer of Public Lands.

Every vote on this bill

Bill text

This document includes House Floor Amendments incorporated into the bill on Wed, Feb 11, 2015 at 3:24 PM by lerror.
INTERSTATE COMPACT ON TRANSFER OF PUBLIC
LANDS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Keven J. Stratton
Senate Sponsor: 
 Evan J. Vickers
LONG TITLE
General Description:
This bill amends the Interstate Compact on the Transfer of Public Lands.
Highlighted Provisions:
This bill:
▸ adds financing provisions to the Interstate Compact on the Transfer of Public Lands.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63L-6-105
, as enacted by Laws of Utah 2014, Chapter 324
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63L-6-105
 is amended to read:
63L-6-105.
Interstate compact -- Transfer of public land.
The Interstate Compact on the Transfer of Public Lands is hereby enacted and entered
into with all other jurisdictions that can legally join in the compact, which is, in form,
substantially as follows:
Interstate Compact on the Transfer of Public Lands
Whereas, the separation of powers, both between the branches of the federal
government and between federal and state authority, is essential to the preservation of
individual liberty;
Whereas, the Constitution of the United States creates a federal government of limited
and enumerated powers and reserves to the states or to the people those powers not expressly
granted to the federal government to protect the liberty of individual property incidental to the
sovereignty and the health, safety, and welfare of its citizens;
Whereas, each state adopting and agreeing to be bound by this compact finds that the
coordinated, regular, institutional exercise of its sovereign power under its respective
constitution and the Constitution of the United States is an essential component of the
governing partnership between the states and the federal government;
NOW, THEREFORE, the states hereto resolve and, by the adoption into law under their
respective state constitutions of this Interstate Compact on the Transfer of Public Lands, agree,
as follows:
Sec. 1. Definitions.
As used in this chapter, unless the context clearly indicates otherwise:
(1) "Associate member state" means any state that is not a "member state."
(2) "Compact" means the Interstate Compact on the Transfer of Public Lands.
(3) "Compact administrator" means the person selected by the compact commission to
staff the compact commission and whose duties, powers, and tenure are only those approved by
the commission.
(4) "Compact commission" means the entity composed of member state representatives
and who will administer the compact.
(5) "Compact notice recipient" means the archivist of the United States, the president
of the United States, the office of the secretary of the United States Senate, the majority leader
of the United States Senate, the speaker of the United States House of Representatives, the
office of the clerk of the United States House of Representatives, the chief executive of each
state, and the presiding officer of each chamber of the Legislature of each state.
(6) "Member state" means any of the following states that are a signatory to the
compact and that have adopted it under the laws of that state: Alaska; Arizona; California;
Colorado; Idaho; Montana; Nevada; New Mexico; Oregon; Utah; Washington; and Wyoming.
Sec. 2. Purpose of the compact and commission.
The purpose of the compact and 
the compact
 commission is to study, collect data, and
develop political and legal mechanisms for securing the transfer to the respective member
states of certain specially identified federally controlled public lands within the respective
member state boundaries.
Sec. 3. Compact commission and compact administrator.
(1) The compact commission is hereby established and has the powers and duties as
follows:
(a) elect, by majority vote, a chair and cochair from among the compact's members,
who shall serve a term of office of two years and may serve no more than two terms as chair or
cochair;
(b) appoint a compact administrator who shall report to the chair and cochair;
(c) request and disburse funds for the operation of the compact commission;
(d) allow the compact commission to seek staff and research assistance from nonprofit
organizations;
(e) adopt parliamentary procedures and publish bylaws consistent with member states;
(f) receive, evaluate, and respond to input from compact commission members
regarding actions taken by the federal government that interfere with the:
(i) powers reserved to the state;
(ii) regulation of real property, including land titles, uses, and transfers;
(iii) regulation of agriculture and nonagricultural businesses that do not engage in
interstate commerce; and
(iv) jurisdiction for the health, safety, and welfare of a state's residents;
(g) keep and publish minutes of compact commission meetings and records of the
compact administrator both of which shall be considered public records and available upon
request by the public; and
(h) prepare an annual report of the compact commission's activities for member and
associate member states.
(2) The compact administrator shall staff the compact commission, perform duties, and
exercise powers as granted by the commission, or as directed by the chair or cochair.
(3) A majority of the member state representatives present at a compact commission
meeting constitutes a quorum and an action of the quorum constitutes an action of the compact
commission. Each member state shall have one official representative who shall have one
vote.
(4) The compact commission may not take any action within a member or associate
member state that contravenes any state law of that member or associate member state.
Sec. 4. Compact membership and withdrawal.
(1) Each member and associate member state agrees to perform and comply in
accordance with the terms of membership of this compact consistent with the constitution and
laws of the member or associate member state. Actions by members of the compact, for the
purpose for which it was created, are based upon the mutual participation, reliance, and
reciprocal performance in agreeing to enact this compact into law.
(2) A state enacting this compact into law shall appoint one official representative to
the compact commission and shall provide to the compact commission a letter of that
representative's appointment. A copy of the letter of appointment with a government-issued
photo identity card shall constitute proof of membership on the compact commission.
(3) For voting purposes, only a member state representative may vote and each member
state may have only one vote.
(4) A member or associate member state may withdraw from this compact by enacting
legislation and giving notice of the enacted withdrawal legislation to the compact
administrator. No such withdrawal shall take effect until six months following the enactment
of withdrawal legislation and a withdrawing state is liable for any obligations that it may have
incurred prior to the date upon which its withdrawal legislation becomes effective.
Sec. 5. Adoption of compact.
Upon a state adopting the compact and notifying the compact administrator, the
administrator shall notify all other member states of the adoption by sending an updated
certified copy of the compact with the new adoptee state listed.
Sec. 6. Commission meetings.
(1) The initial meeting of the compact commission shall be within 90 days after the
compact is enacted by two or more states. The official representatives of the enacting states
shall determine the date, time, and location of the initial meeting and publish that information
in their respective states in a manner consistent with the laws of those states for posting
notifications and agendas of public meetings. At the initial meeting, those official
representatives shall, as provided in Sec. 4, elect a chair and cochair, and appoint a compact
administrator. The compact administrator shall, as directed by the compact commission chairs
and as provided in the compact, organize the compact commission's activities.
(2) Following the compact commission's initial meeting, the compact commission shall
meet at least one time per year. No meeting shall continue longer than three consecutive days.
(3) Special meetings may be called if half or more of the member states notify the chair
of the compact commission in writing of the request for a meeting. Attendance at the meeting
may be in person or by electronic means. [
No meeting shall continue longer than three
consecutive days.
]
(4) Meetings shall be recorded, and the recording and minutes of the meeting shall be
made available to the public within 30 days after the meeting. Meetings closed to the public
are not permitted except where provided by law in the state in which the meeting is held.
Sec. 7. Funding.
[
The activities of the compact commission and compact administrator shall be funded
exclusively by each member and associate member state, as permitted by the laws of those
states, or by voluntary donations. Records shall be kept of all funding and disbursements
]
1. The compact commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.
2. The compact commission may accept any appropriate revenue sources, donations,
and grants of money, equipment, supplies, material, and services.
3.
Ĥ→ 
(a)
 ←Ĥ
The compact commission may
Ĥ→ 
, in accordance with Subsections
143a 
(3)(b) and (c),
 ←Ĥ
levy on and collect an annual assessment from each
member state or impose fees on other parties to cover the cost of the operations and activities
of the compact commission and its staff, which must be in a total amount sufficient to cover its
annual budget as approved each year for which revenue is not provided by other sources.
146a 
Ĥ→ 
(b) The compact commission may not levy and collect an annual assessment against a
146b 
member state if the member state:
146c 
 (i)(A) votes against the annual assessment; or
146d 
 (B) was absent from the commission meeting during which the commission voted to
146e 
approve the annual assessment; and
146f 
 (ii) within sixty days of the vote to impose the annual assessment, notifies the
146g 
commission in writing that the member state does not consent to the levy of the annual
146h 
assessment.
146i 
 (c)
 ←Ĥ
The
aggregate annual assessment amount shall be allocated based on a formula to be determined by
the compact commission, which shall adopt a rule that is binding on all member states.
4. The compact commission shall not incur obligations of any kind prior to securing
the funds adequate to meet the obligation, nor shall the compact commission pledge the credit
of any of the member states, except by and with authority of the member state.
5. The compact commission shall keep accurate accounts of all receipts and
disbursements
, and that information shall be available within 30 days upon request by a
compact commission member, or by a member state or associate member state. 
All receipts and
disbursements of funds handled by the compact commission shall be audited yearly by a
certified or licensed public accountant, and the report of the audit shall be included in the
annual report of the commission.
Sec. 8. Cooperation.
The compact commission, member states, associate member states, and the compact
administrator shall cooperate and offer mutual assistance with each other in enforcing the terms
of the compact for securing the transfer of title to federally controlled public lands to willing
western states.
Sec. 9. Declaration of Interstate Compact on the Transfer of Public Lands goals.
(1) Member states, in order to restore, protect, and promote state sovereignty and the
health, safety, and welfare of their citizens, shall:
(a) develop and draft model uniform legislation for member states to adopt in securing
sovereignty and jurisdiction over federal lands within the respective member state boundaries;
(b) develop and draft model uniform legislation for member states to send to their
federal delegation for introduction in Congress for the transfer of federally controlled public
lands to the respective member state governments; and
(c) develop legal strategies for securing state sovereignty and jurisdiction over federally
controlled public lands within member state boundaries.
(2) The compact goals in Subsection (1) take effect when:
(a) two states have become member states and adopted the terms in legislation; and
(b) Congress votes to consent to the terms of this compact under United States
Constitution Article I, Section 10.
Legislative Review Note
 as of 1-7-15 9:59 AM
Office of Legislative Research and General Counsel