Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 287 First Substitute (2016GS)

Sponsor

Rep. Christofferson, K.

Final action

Governor Signed 3/30/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends uncodified Laws of Utah to move the Commission for the Stewardship of Public Lands into the State Commissions and Councils Code;
• inserts existing law regarding the creation of, and duties for, the Commission for the Stewardship of Public Lands as new language in Title 63C, State Commissions and Councils Code;
• defines terms;
• amends the duties of the commission to include the duty to make recommendations concerning the use of funds in the Public Lands Litigation Restricted Account and the Public Lands Litigation Expendable Special Revenue Fund;
• creates the Public Lands Litigation Restricted Account;
• establishes the purpose of the account;
• requires a report to the Commission for the Stewardship of Public Lands before

Every vote on this bill

Bill text

COMMISSION FOR THE STEWARDSHIP OF PUBLIC
LANDS AND PRIVATE DONATIONS FOR PUBLIC LANDS
LITIGATION
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kay J. Christofferson
Senate Sponsor: 
Ralph Okerlund
Cosponsors:
Melvin R. Brown
Scott H. Chew
LaVar Christensen
Kim Coleman
Brad M. Daw
Brad L. Dee
Gage Froerer
Keith Grover
Don L. Ipson
Ken Ivory
David E. Lifferth
Kay L. McIff
Michael E. Noel
Curtis Oda
Derrin Owens
Lee B. Perry
Jeremy A. Peterson
Val L. Peterson
Dixon M. Pitcher
Paul Ray
Douglas V. Sagers
Scott D. Sandall
Keven J. Stratton
Norman K Thurston
R. Curt Webb
John R. Westwood
Brad R. Wilson
LONG TITLE
General Description:
This bill moves the enabling language for the Commission for the Stewardship of
Public Lands from the uncodified Laws of Utah to Title 63C, State Commissions and
Councils Code, and establishes Public Lands Litigation Accounts.
Highlighted Provisions:
This bill:
▸ amends uncodified Laws of Utah to move the Commission for the Stewardship of
Public Lands into the State Commissions and Councils Code;
▸ inserts existing law regarding the creation of, and duties for, the Commission for the
Stewardship of Public Lands as new language in Title 63C, State Commissions and Councils
Code;
▸ defines terms;
▸ amends the duties of the commission to include the duty to make recommendations
concerning the use of funds in the Public Lands Litigation Restricted Account and
the Public Lands Litigation Expendable Special Revenue Fund;
▸ creates the Public Lands Litigation Restricted Account;
▸ establishes the purpose of the account;
▸ requires a report to the Commission for the Stewardship of Public Lands before
money appropriated from the account is spent;
▸ creates the Public Lands Litigation Expendable Special Revenue Fund;
▸ establishes the purpose of the Public Lands Litigation Expendable Special Revenue
Fund, which includes accepting contributions and donations for litigation related to
public lands; and
▸ requires the Division of Finance to report to the Commission for the Stewardship of
Public Lands before disbursing money from the fund.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
63I-1-263
, as last amended by Laws of Utah 2015, Chapters 182, 226, 278, 283, 409,
and 424
ENACTS:
63C-4b-101
, Utah Code Annotated 1953
63C-4b-102
, Utah Code Annotated 1953
63C-4b-103
, Utah Code Annotated 1953
63C-4b-104
, Utah Code Annotated 1953
63C-4b-105
, Utah Code Annotated 1953
63C-4b-106
, Utah Code Annotated 1953
63C-4b-107
, Utah Code Annotated 1953
Uncodified Material Affected:
AMENDS UNCODIFIED MATERIAL:
 Uncodified Section 5, Laws of Utah 2014, Chapter 319
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63C-4b-101
 is enacted to read:
CHAPTER 4b. COMMISSION FOR THE STEWARDSHIP OF PUBLIC LANDS
 63C-4b-101.
Title.
This chapter is known as "Commission for the Stewardship of Public Lands."
Section 2. Section 
63C-4b-102
 is enacted to read:
 63C-4b-102.
Definitions.
For purposes of this chapter:
(1) "Account" means the Public Lands Litigation Restricted Account created in Section
63C-4b-105
.
(2) "Commission" means the Commission for the Stewardship of Public Lands.
Section 3. Section 
63C-4b-103
 is enacted to read:
 63C-4b-103.
 Commission for the Stewardship of Public Lands -- Creation --
Membership -- Interim rules followed -- Compensation -- Staff.
(1) There is created the Commission for the Stewardship of Public Lands consisting of
the following eight members:
(a) three members of the Senate appointed by the president of the Senate, no more than
two of whom may be from the same political party; and
(b) five members of the House of Representatives appointed by the speaker of the
House of Representatives, no more than four of whom may be from the same political party.
(2) (a) The president of the Senate shall designate a member of the Senate appointed
under Subsection (1)(a) as a cochair of the commission.
(b) The speaker of the House of Representatives shall designate a member of the House
of Representatives appointed under Subsection (1)(b) as a cochair of the commission.
(3) In conducting its business, the commission shall comply with the rules of
legislative interim committees.
(4) Salaries and expenses of the members of the commission shall be paid in
accordance with Section 
36-2-2
 and Legislative Joint Rules, Title 5, Chapter 3, Legislator
Compensation.
(5) The Office of Legislative Research and General Counsel shall provide staff support
to the commission.
Section 4. Section 
63C-4b-104
 is enacted to read:
 63C-4b-104.
 Duties -- Interim report.
(1) The commission shall:
(a) convene at least eight times each year;
(b) review and make recommendations on the transfer of federally controlled public
lands to the state;
(c) review and make recommendations regarding the state's sovereign right to protect
the health, safety, and welfare of its citizens as it relates to public lands, including
recommendations concerning the use of funds in the account created in Section 
63C-4b-105
;
(d) study and evaluate the recommendations of the public lands transfer study and
economic analysis conducted by the Public Lands Policy Coordinating Office in accordance
with Section 
63J-4-606
;
(e) coordinate with and report on the efforts of the executive branch, the counties and
political subdivisions of the state, the state congressional delegation, western governors, other
states, and other stakeholders concerning the transfer of federally controlled public lands to the
state including convening working groups, such as a working group composed of members of
the Utah Association of Counties;
(f) study and make recommendations regarding the appropriate designation of public
lands transferred to the state, including stewardship of the land and appropriate uses of the
land;
(g) study and make recommendations regarding the use of funds received by the state
from the public lands transferred to the state; and
(h) receive reports from and make recommendations to the attorney general, the
Legislature, and other stakeholders involved in litigation on behalf of the state's interest in the
transfer of public lands to the state, regarding:
(i) preparation for potential litigation;
(ii) selection of outside legal counsel;
(iii) ongoing legal strategy for the transfer of public lands; and
(iv) use of money:
(A) appropriated by the Legislature for the purpose of securing the transfer of public
lands to the state under Section 
63C-4b-105
; and
(B) disbursed from the Public Lands Litigation Expendable Special Revenue Fund
created in Section 
63C-4b-106
.
(2) The commission shall prepare an annual report, including any proposed legislation,
and present the report to the Natural Resources, Agriculture, and Environment Interim
Committee on or before November 30, 2016, and on or before November 30 each year
thereafter.
Section 5. Section 
63C-4b-105
 is enacted to read:
 63C-4b-105.
Creation of Public Lands Litigation Restricted Account -- Sources of
funds -- Uses of funds -- Reports.
(1) There is created a restricted account within the General Fund known as the Public
Lands Litigation Restricted Account.
(2) The account created in Subsection (1) consists of money from the following
revenue sources:
(a) money received by the commission from other state agencies; and
(b) appropriations made by the Legislature.
(3) The Legislature may annually appropriate money from the account for the purposes
of asserting, defending, or litigating state and local government rights to the disposition and use
of federal lands within the state as those rights are granted by the United States Constitution,
the Utah Enabling Act, and other applicable law.
(4) (a) Any entity that receives money from the account shall, before disbursing the
money to another person for the purposes described in Subsection (3), or before spending the
money appropriated, report to the commission regarding:
(i) the amount of the disbursement;
(ii) who will receive the disbursement; and
(iii) the planned use for the disbursement.
(b) The commission may, upon receiving the report under Subsection (4)(a):
(i) advise the Legislature and the entity of the commission finding that the
disbursement is consistent with the purposes in Subsection (3); or
(ii) advise the Legislature and the entity of the commission finding that the
disbursement is not consistent with the purposes in Subsection (3).
Section 6. Section 
63C-4b-106
 is enacted to read:
 63C-4b-106.
Public Lands Litigation Expendable Special Revenue Fund --
Creation -- Source of funds -- Use of funds -- Reports.
(1) There is created an expendable special revenue fund known as the Public Lands
Litigation Expendable Special Revenue Fund.
(2) The fund shall consist of gifts, grants, donations, or any other conveyance of money
that may be made to the fund from private sources and other states.
(3) The fund shall be administered by the Division of Finance in accordance with
Subsection (4).
(4) (a) The fund may be used only for the purpose of asserting, defending, or litigating
state and local government rights to the disposition and use of federal lands within the state as
those rights are granted by the United States Constitution, the Utah Enabling Act, and other
applicable law.
(b) Before each disbursement from the fund, the Division of Finance shall report to the
commission regarding:
(i) the sources of the money in the fund;
(ii) who will receive the disbursement;
(iii) the planned use of the disbursement; and
(iv) the amount of the disbursement.
(c) The commission may, upon receiving the report under Subsection (4)(b):
(i) advise the Legislature and the Division of Finance of the commission finding that
the disbursement is consistent with the purposes in Subsection (4)(a); or
(ii) advise the Legislature and the Division of Finance of the commission finding that
the disbursement is not consistent with the purposes in Subsection (4)(a).
Section 7. Section 
63C-4b-107
 is enacted to read:
 63C-4b-107.
Repeal of commission.
The commission is repealed in accordance with Section 
63I-1-263
.
Section 8. Section 
63I-1-263
 is amended to read:
63I-1-263.
Repeal dates, Titles 63A to 63M.
(1) Section 
63A-4-204
, authorizing the Risk Management Fund to provide coverage to
any public school district which chooses to participate, is repealed July 1, 2016.
(2) Subsection 
63A-5-104
(4)(h) is repealed on July 1, 2024.
(3) Section 
63A-5-603
, State Facility Energy Efficiency Fund, is repealed July 1, 2016.
(4) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
1, 2018.
(5) Title 63C, Chapter 4b, Commission for the Stewardship of Public Lands, is
repealed November 30, 2019.
[
(5)
] 
(6)
 Title 63C, Chapter 16, Prison Development Commission Act, is repealed July
1, 2020.
[
(6)
] 
(7)
 Subsection 
63G-6a-1402
(7) authorizing certain transportation agencies to
award a contract for a design-build transportation project in certain circumstances, is repealed
July 1, 2015.
[
(7)
] 
(8)
 Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed
July 1, 2020.
[
(8)
] 
(9)
 Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2016.
[
(9)
] 
(10)
 On July 1, 2025:
(a) in Subsection 
17-27a-404
(3)(c)(ii), the language that states "the Resource
Development Coordinating Committee," is repealed;
(b) Subsection 
23-14-21
(2)(c) is amended to read "(c) provide notification of proposed
sites for the transplant of species to local government officials having jurisdiction over areas
that may be affected by a transplant.";
(c) in Subsection 
23-14-21
(3), the language that states "and the Resource Development
Coordinating Committee" is repealed;
(d) in Subsection 
23-21-2.3
(1), the language that states "the Resource Development
Coordinating Committee created in Section 
63J-4-501
 and" is repealed;
(e) in Subsection 
23-21-2.3
(2), the language that states "the Resource Development
Coordinating Committee and" is repealed;
(f) Subsection 
63J-4-102
(1) is repealed and the remaining subsections are renumbered
accordingly;
(g) Subsections 
63J-4-401
(5)(a) and (c) are repealed;
(h) Subsection 
63J-4-401
(5)(b) is renumbered to Subsection 
63J-4-401
(5)(a) and the
word "and" is inserted immediately after the semicolon;
(i) Subsection 
63J-4-401
(5)(d) is renumbered to Subsection 
63J-4-401
(5)(b);
(j) Sections 
63J-4-501
, 
63J-4-502
, 
63J-4-503
, 
63J-4-504
, and 
63J-4-505
 are repealed;
and
(k) Subsection 
63J-4-603
(1)(e)(iv) is repealed and the remaining subsections are
renumbered accordingly.
[
(10)
] 
(11)
 The Crime Victim Reparations and Assistance Board, created in Section
63M-7-504
, is repealed July 1, 2017.
[
(11)
] 
(12)
 Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
2017.
[
(12)
] 
(13)
 Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2018.
[
(13)
] 
(14)
 (a) Title 63N, Chapter 2, Part 4, Recycling Market Development Zone Act,
is repealed January 1, 2021.
(b) Subject to Subsection [
(13)
] 
(14)
(c), Sections 
59-7-610
 and 
59-10-1007
 regarding
tax credits for certain persons in recycling market development zones, are repealed for taxable
years beginning on or after January 1, 2021.
(c) A person may not claim a tax credit under Section 
59-7-610
 or 
59-10-1007
:
(i) for the purchase price of machinery or equipment described in Section 
59-7-610
 or
59-10-1007
, if the machinery or equipment is purchased on or after January 1, 2021; or
(ii) for an expenditure described in Subsection 
59-7-610
(1)(b) or 
59-10-1007
(1)(b), if
the expenditure is made on or after January 1, 2021.
(d) Notwithstanding Subsections [
(13)
] 
(14)
(b) and (c), a person may carry forward a
tax credit in accordance with Section 
59-7-610
 or 
59-10-1007
 if:
(i) the person is entitled to a tax credit under Section 
59-7-610
 or 
59-10-1007
; and
(ii) (A) for the purchase price of machinery or equipment described in Section
59-7-610
 or 
59-10-1007
, the machinery or equipment is purchased on or before December 31,
2020; or
(B) for an expenditure described in Subsection 
59-7-610
(1)(b) or 
59-10-1007
(1)(b), the
expenditure is made on or before December 31, 2020.
[
(14)
] 
(15)
 Section 
63N-2-512
 is repealed on July 1, 2021.
[
(15)
] 
(16)
 (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
January 1, 2021.
(b) Section 
59-9-107
 regarding tax credits against premium taxes is repealed for
calendar years beginning on or after January 1, 2021.
(c) Notwithstanding Subsection [
(15)
] 
(16)
(b), an entity may carry forward a tax credit
in accordance with Section 
59-9-107
 if:
(i) the person is entitled to a tax credit under Section 
59-9-107
 on or before December
31, 2020; and
(ii) the qualified equity investment that is the basis of the tax credit is certified under
Section 
63N-2-603
 on or before December 31, 2023.
[
(16)
] 
(17)
 Title 63N, Chapter 12, Part 3, Utah Broadband Outreach Center, is repealed
July 1, 2018.
Section 9. 
Uncodified Section 5, Laws of Utah 2014, Chapter 319
 is amended to
read:
Section 5. 
Repeal date.
(1)
 Uncodified [
Sections 2, 3, and
] 
Section
 4, that [
create
] 
appropriates for
 the
Commission for the Stewardship of Public Lands, [
are
] 
is
 repealed on November 30, 2019.
(2) Uncodified Sections 2 and 3, that create the Commission for the Stewardship of
Public Lands, are repealed on July 1, 2016, which is the effective date for Title 63C, Chapter
4b, Commission for the Stewardship of Public Lands.
Section 10. 
Effective date.
This bill takes effect on July 1, 2016.