Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 264 Second Substitute (2017GS)

Sponsor

Sen. Okerlund, R.

Final action

Governor Signed 3/20/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• imposes a state transient room tax on accommodations and related services;
• creates the Outdoor Recreation Infrastructure Account and the Hospitality and Tourism Management Education Account;
• distributes the revenues the state collects from the state transient room tax to:
• the Outdoor Recreation Infrastructure Account to implement the Outdoor Recreational Infrastructure Grant Program; and
• the Hospitality and Tourism Management Education Account to fund the Hospitality and Tourism Management Career and Technical Education Pilot Program; and
• establishes the Utah Outdoor Recreation Grant Advisory Committee.

Every vote on this bill

Bill text

OUTDOOR RECREATION GRANT PROGRAM
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ralph Okerlund
House Sponsor: 
Brad R. Wilson
LONG TITLE
General Description:
This bill creates the State Transient Room Tax Act and modifies provisions related to
the Utah Office of Outdoor Recreation.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ imposes a state transient room tax on accommodations and related services;
▸ creates the Outdoor Recreation Infrastructure Account and the Hospitality and
Tourism Management Education Account;
▸ distributes the revenues the state collects from the state transient room tax to:
• the Outdoor Recreation Infrastructure Account to implement the Outdoor
Recreational Infrastructure Grant Program; and
• the Hospitality and Tourism Management Education Account to fund the
Hospitality and Tourism Management Career and Technical Education Pilot
Program; and
▸ establishes the Utah Outdoor Recreation Grant Advisory Committee.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
63I-1-253
, as last amended by Laws of Utah 2016, Chapters 41, 63, and 169
63I-1-259
, as last amended by Laws of Utah 2016, Chapters 350, 367, and 373
63I-1-263
, as last amended by Laws of Utah 2016, Chapters 65, 136, 156, 322, and 408
63N-9-102
, as last amended by Laws of Utah 2016, Chapter 88
63N-9-203
, as enacted by Laws of Utah 2016, Chapter 88
ENACTS:
53A-15-206
, Utah Code Annotated 1953
53A-15-207
, Utah Code Annotated 1953
59-28-101
, Utah Code Annotated 1953
59-28-102
, Utah Code Annotated 1953
59-28-103
, Utah Code Annotated 1953
59-28-104
, Utah Code Annotated 1953
59-28-105
, Utah Code Annotated 1953
59-28-106
, Utah Code Annotated 1953
59-28-107
, Utah Code Annotated 1953
63N-9-204
, Utah Code Annotated 1953
63N-9-205
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-15-206
 is enacted to read:
 53A-15-206.
Hospitality and Tourism Management Career and Technical
Education Pilot Program.
(1) As used in this section:
(a) "Board" means the State Board of Education.
(b) "Local education agency" means a school district or charter school.
(c) "Pilot program" means the Hospitality and Tourism Management Career and
Technical Education Pilot Program created under Subsection (2).
(2) There is created a Hospitality and Tourism Management Career and Technical
Education Pilot Program to provide instruction that a local education agency may offer to a
student in any of grades 9 through 12 on:
(a) the information and skills required for operational level employee positions in
hospitality and tourism management, including:
(i) hospitality soft skills;
(ii) operational areas of the hospitality industry;
(iii) sales and marketing; and
(iv) safety and security; and
(b) the leadership and managerial responsibilities, knowledge, and skills required by an
entry-level leader in hospitality and tourism management, including:
(i) hospitality leadership skills;
(ii) operational leadership;
(iii) managing food and beverage operations; and
(iv) managing business operations.
(3) The instruction described in Subsection (2) may be delivered in a public school
using live instruction, video, or online materials.
(4) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the board
shall select one or more providers to supply materials and curriculum for the pilot program.
(b) The board may seek recommendations from trade associations and other entities
that have expertise in hospitality and tourism management regarding potential providers of
materials and curriculum for the pilot program.
(5) (a) A local education agency may apply to the board to participate in the pilot
program.
(b) The board shall select participants in the pilot program.
(c) A local education agency that participates in the pilot program shall use the
materials and curriculum supplied by a provider selected under Subsection (4).
(6) The board shall evaluate the pilot program and provide an annual written report to
the Education Interim Committee and the Economic Development and Workforce Services
Interim Committee on or before October 1 describing:
(a) how many local education agencies and how many students are participating in the
pilot program; and
(b) any recommended changes to the pilot program.
Section 2. Section 
53A-15-207
 is enacted to read:
 53A-15-207.
Hospitality and Tourism Management Education Account -- Uses --
Costs.
(1) There is created an expendable special revenue fund known as the "Hospitality and
Tourism Management Education Account," which the State Board of Education shall use to
fund the Hospitality and Tourism Management Career and Technical Education Pilot Program
created in Section 
53A-15-206
.
(2) The account consists of:
(a) distributions to the account under Section 
59-28-103
;
(b) interest earned on the account;
(c) appropriations made by the Legislature; and
(d) private donations, grants, gifts, bequests, or money made available from any other
source to implement this part.
(3) The State Board of Education shall administer the account.
(4) The cost of administering the account shall be paid from money in the account.
(5) Interest accrued from investment of money in the account shall remain in the
account.
Section 3. Section 
59-28-101
 is enacted to read:
CHAPTER 28. STATE TRANSIENT ROOM TAX ACT
 59-28-101.
Title.
This chapter is known as the "State Transient Room Tax Act."
Section 4. Section 
59-28-102
 is enacted to read:
 59-28-102.
Definitions.
As used in this chapter:
(1) "Agreement" means the same as that term is defined in Section 
59-12-102
.
(2) "Certified service provider" means the same as that term is defined in Section
59-12-102
.
(3) "Model 2 seller" means the same as that term is defined in Section 
59-12-102
.
(4) "Purchaser" means the same as that term is defined in Section 
59-12-102
.
(5) "Sales price" means the same as that term is defined in Section 
59-12-102
.
(6) "Seller" means the same as that term is defined in Section 
59-12-102
.
Section 5. Section 
59-28-103
 is enacted to read:
 59-28-103.
Imposition -- Rate -- Revenue distribution.
(1) Subject to the other provisions of this chapter, the state shall impose a tax on the
transactions described in Subsection 
59-12-103
(1)(i) at a rate of .32%.
(2) The tax imposed under this chapter is in addition to any other taxes imposed on the
transactions described in Subsection 
59-12-103
(1)(i).
(3) (a) (i) Subject to Subsection (3)(a)(ii), the commission shall deposit 6% of the
revenue the state collects from the tax under this chapter into the Hospitality and Tourism
Management Education Account created in Section 
53A-15-207
 to fund the Hospitality and
Tourism Management Career and Technical Education Pilot Program created in Section
53A-15-206
.
(ii) The commission may not deposit more than $300,000 into the Hospitality and
Tourism Management Education Account under Subsection (3)(a)(i) in a fiscal year.
(b) Except for the amount deposited into the Hospitality and Tourism Management
Education Account under Subsection (3)(a) and the administrative charge retained under
Subsection 
59-28-104
(4), the commission shall deposit any revenue the state collects from the
tax under this chapter into the Outdoor Recreation Infrastructure Account created in Section
63N-9-205
 to fund the Outdoor Recreational Infrastructure Grant Program created in Section
63N-9-202
.
Section 6. Section 
59-28-104
 is enacted to read:
 59-28-104.
Collection of tax.
(1) Except as provided in Subsection (2), the commission shall administer, collect, and
enforce a tax under this chapter in accordance with:
(a) Chapter 1, General Taxation Policies; and
(b) the same procedures used to administer, collect, and enforce the tax under Chapter
12, Part 1, Tax Collection.
(2) A tax under this chapter is not subject to Section 
59-12-107.1
 or 
59-12-123
.
(3) A seller required to collect a tax under this chapter may retain 6% of any amounts
the seller is required to remit to the commission under this chapter for the costs of collecting
the tax.
(4) The commission shall retain and deposit an administrative charge in accordance
with Section 
59-1-306
 from the revenues the commission collects from a tax under this
chapter.
Section 7. Section 
59-28-105
 is enacted to read:
 59-28-105.
Seller or certified service provider reliance on commission
information.
A seller or certified service provider is not liable for failing to collect a tax at a tax rate
imposed under this chapter if the seller's or certified service provider's failure to collect the tax
is as a result of the seller's or certified service provider's reliance on incorrect data provided by
the commission in a database created by the commission:
(1) containing tax rates or boundaries regarding a tax under this chapter; or
(2) indicating the taxability of transactions described in Subsection 
59-12-103
(1)(i).
Section 8. Section 
59-28-106
 is enacted to read:
 59-28-106.
Certified service provider or model 2 seller reliance on commission
certified software.
(1) Except as provided in Subsection (2) and subject to Subsection (4), a certified
service provider or model 2 seller is not liable for failing to collect a tax required under this
chapter if:
(a) the certified service provider or model 2 seller relies on software the commission
certifies; and
(b) the certified service provider's or model 2 seller's failure to collect a tax required
under this chapter is as a result of the seller's or certified service provider's reliance on incorrect
data:
(i) provided by the commission; or
(ii) in the software the commission certifies.
(2) The relief from liability described in Subsection (1) does not apply if a certified
service provider or model 2 seller incorrectly classifies an item or transaction into a product
category the commission certifies.
(3) If the taxability of a product category is incorrectly classified in software the
commission certifies, the commission shall:
(a) notify a certified service provider or model 2 seller of the incorrect classification of
the taxability of a product category in software the commission certifies; and
(b) state in the notice required by Subsection (3)(a) that, if the certified service provider
or model 2 seller fails to correct the taxability of the item or transaction within 10 days after the
day on which the certified service provider or model 2 seller receives the notice, the certified
service provider or model 2 seller is liable for failing to collect the correct amount of tax under
this chapter on the incorrectly classified product category.
(4) If a certified service provider or model 2 seller fails to correct the taxability of an
item or transaction within 10 days after the day on which the certified service provider or
model 2 seller receives the notice described in Subsection (3), the certified service provider or
model 2 seller is liable for failing to collect the correct amount of tax under this chapter on the
item or transaction.
Section 9. Section 
59-28-107
 is enacted to read:
 59-28-107.
Purchaser relief from liability.
(1) (a) Except as provided in Subsection (1)(b), a purchaser is relieved from a penalty
under Section 
59-1-401
 for failure to pay a tax due under this chapter or an underpayment if:
(i) the purchaser's seller or certified service provider relies on incorrect data provided
by the commission:
(A) on a tax rate;
(B) on a boundary;
(C) on a taxing jurisdiction; or
(D) in the taxability matrix the commission provides in accordance with the agreement;
or
(ii) the purchaser, regardless of whether the purchaser holds a direct payment permit in
accordance with Section 
59-12-107.1
, relies on incorrect data provided by the commission:
(A) on a tax rate;
(B) on a boundary;
(C) on a taxing jurisdiction; or
(D) in the taxability matrix the commission provides in accordance with the agreement.
(b) For purposes of Subsection (1)(a), a purchaser is not relieved from a penalty under
Section 
59-1-401
 for failure to pay a tax due under this chapter or an underpayment if the
purchaser's, the purchaser's seller's, or the purchaser's certified service provider's reliance on
incorrect data provided by the commission is as a result of conduct that is:
(i) fraudulent;
(ii) intentional; or
(iii) willful.
(2) In addition to the relief from a penalty described in Subsection (1), a purchaser is
not liable for a tax or interest under Section 
59-1-402
 for failure to pay a tax due under this
chapter or an underpayment if:
(a) the purchaser's seller or certified service provider relies on:
(i) incorrect data provided by the commission:
(A) on a tax rate;
(B) on a boundary; or
(C) on a taxing jurisdiction; or
(ii) an erroneous classification by the commission:
(A) in the taxability matrix the commission provides in accordance with the agreement;
and
(B) with respect to a term in the library of definitions that is listed as taxable or
exempt, included in or excluded from "sales price," or included in or excluded from a
definition; or
(b) the purchaser, regardless of whether the purchaser holds a direct payment permit in
accordance with Section 
59-12-107.1
, relies on:
(i) incorrect data provided by the commission:
(A) on a tax rate;
(B) on a boundary; or
(C) on a taxing jurisdiction; or
(ii) an erroneous classification by the commission:
(A) in the taxability matrix the commission provides in accordance with the agreement;
and
(B) with respect to a term in the library of definitions that is listed as taxable or
exempt, included in or excluded from "sales price," or included in or excluded from a
definition.
Section 10. Section 
63I-1-253
 is amended to read:
63I-1-253.
Repeal dates, Titles 53, 53A, and 53B.
The following provisions are repealed on the following dates:
(1) Subsection 
53-10-202
(18) is repealed July 1, 2018.
(2) Section 
53-10-202.1
 is repealed July 1, 2018.
(3) Title 53A, Chapter 1a, Part 6, Public Education Job Enhancement Program
,
 is
repealed July 1, 2020.
(4) Section 
53A-13-106.5
 is repealed July 1, 2019.
(5) Section 
53A-15-106
 is repealed July 1, 2019.
(6) Sections 
53A-15-206
 and 
53A-15-207
 are repealed January 1, 2023.
[
(6)
] 
(7)
 Subsections 
53A-16-113
(3) and (4) are repealed December 31, 2016.
[
(7)
] 
(8)
 Section 
53A-16-114
 is repealed December 31, 2016.
[
(8)
] 
(9)
 Section 
53A-17a-163
, Performance-based Compensation Pilot Program, is
repealed July 1, 2016.
[
(9)
] 
(10)
 Title 53A, Chapter 31, Part 4, American Indian and Alaskan Native
Education State Plan Pilot Program, is repealed July 1, 2022.
[
(10)
] 
(11)
 Section 
53B-24-402
, Rural residency training program, is repealed July 1,
2020.
[
(11)
] 
(12)
 Subsection 
53C-3-203
(4)(b)(vii), which provides for the distribution of
money from the Land Exchange Distribution Account to the Geological Survey for test wells,
other hydrologic studies, and air quality monitoring in the West Desert, is repealed July 1,
2020.
Section 11. Section 
63I-1-259
 is amended to read:
63I-1-259.
Repeal dates, Title 59.
(1) Subsection 
59-2-924
(7) is repealed on December 31, 2016.
(2) Subsection 
59-2-924.2
(9) is repealed on December 31, 2017.
(3) Section 
59-2-924.3
 is repealed on December 31, 2016.
(4) Section 
59-7-618
 is repealed July 1, 2020.
(5) Section 
59-9-102.5
 is repealed December 31, 2020.
(6) Section 
59-10-1033
 is repealed July 1, 2020.
(7) Subsection 
59-12-2219
(13) is repealed on June 30, 2020.
(8) Title 59, Chapter 28, State Transient Room Tax Act, is repealed on January 1,
2023.
Section 12. Section 
63I-1-263
 is amended to read:
63I-1-263.
Repeal dates, Titles 63A to 63N.
(1) Subsection 
63A-5-104
(4)(h) is repealed on July 1, 2024.
(2) Section 
63A-5-603
, State Facility Energy Efficiency Fund, is repealed July 1, 2023.
(3) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
1, 2018.
(4) Title 63C, Chapter 4b, Commission for the Stewardship of Public Lands, is
repealed November 30, 2019.
(5) Title 63C, Chapter 16, Prison Development Commission Act, is repealed July 1,
2020.
(6) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
repealed July 1, 2021.
(7) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
2020.
(8) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
(9) 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) The Crime Victim Reparations and Assistance Board, created in Section
63M-7-504
, is repealed July 1, 2017.
(11) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2017.
(12) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2018.
(13) (a) Title 63N, Chapter 2, Part 4, Recycling Market Development Zone Act, is
repealed January 1, 2021.
(b) Subject to Subsection (13)(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)(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) Section 
63N-2-512
 is repealed on July 1, 2021.
(15) (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)(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) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant Program,
is repealed January 1, 2023.
[
(16)
] 
(17)
 Title 63N, Chapter 12, Part 3, Utah Broadband Outreach Center, is repealed
July 1, 2018.
Section 13. Section 
63N-9-102
 is amended to read:
63N-9-102.
Definitions.
As used in this chapter:
(1) "Accessible to the general public," in relation to the awarding of an infrastructure
grant, means:
(a) the public may use the infrastructure in accordance with federal and state
regulations; and
(b) no community or group retains exclusive rights to access the infrastructure.
(2) "Director" means the director of the outdoor recreation office.
(3) "Executive director" means the executive director of GOED.
(4) "Infrastructure grant" means an outdoor recreational infrastructure grant described
in Section 
63N-9-202
.
(5) "Outdoor recreation office" means the Utah Office of Outdoor Recreation created in
Section 
63N-9-104
.
(6) (a) "Recreational infrastructure project" means an undertaking to build or improve
the approved facilities[
, services,
] and installations needed for the public to access and enjoy
the state's outdoors.
(b) "Recreational infrastructure project" may include the:
(i) establishment, construction, or renovation of a trail, trail infrastructure, or trail
facilities;
(ii) construction of a project for water-related outdoor recreational activities;
(iii) development of a project for wildlife watching opportunities, including bird
watching;
(iv) development of a project that provides winter recreation amenities;
(v) construction or improvement of a community park that has amenities for outdoor
recreation; 
and
(vi) construction or improvement of a naturalistic and accessible playground[
; and
]
.
[
(vii) development, establishment, or expansion of a program for youth related to
outdoor recreation.
]
(7) "Underserved or underprivileged community" means a group of people, including a
municipality, county, or American Indian tribe that:
(a) has limited access or has demonstrated a low level of use of recreational
infrastructure; and
(b) is economically disadvantaged.
Section 14. Section 
63N-9-203
 is amended to read:
63N-9-203.
Rulemaking and requirements for awarding an infrastructure grant.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
outdoor recreation office shall make rules establishing the eligibility and reporting criteria for
an entity to receive an infrastructure grant, including:
(a) the form and process of submitting an application to the outdoor recreation office
for an infrastructure grant;
(b) which entities are eligible to apply for an infrastructure grant;
(c) specific categories of 
recreational infrastructure
 projects that are eligible for an
infrastructure grant;
(d) the method and formula for determining grant amounts; and
(e) the reporting requirements of grant recipients.
(2) In determining the award of an infrastructure grant, the outdoor recreation office
may prioritize a 
recreational infrastructure
 project that will serve an underprivileged or
underserved community.
(3) An infrastructure grant may only be awarded by the executive director after
consultation with the director and the board.
(4) The following entities may not receive an infrastructure grant under this part:
(a) a federal government entity;
(b) a state agency; and
(c) a for-profit entity.
(5) An infrastructure grant may only be awarded under this part:
(a) for a 
recreational infrastructure
 project that is accessible to the general public; and
(b) subject to Subsections (6) and (7), if the grant recipient agrees to provide matching
funds having a value equal to or greater than the amount of the infrastructure grant.
(6) Up to 50% of the grant recipient match described in Subsection (5)(b) may be
provided through an in-kind contribution by the grant recipient, if:
(a) approved by the executive director after consultation with the director and the
board; and
(b) the in-kind donation does not include real property.
(7) An infrastructure grant may not be awarded under this part if the grant, or the grant
recipient match described in Subsection (5)(b), will be used for the purchase of real property or
for the purchase or transfer of a conservation easement.
Section 15. Section 
63N-9-204
 is enacted to read:
 63N-9-204.
Utah Outdoor Recreation Grant Advisory Committee -- Membership
-- Duties -- Expenses.
(1) As used in this section, "advisory committee" means the Utah Outdoor Recreation
Grant Advisory Committee created in Subsection (2).
(2) There is created in the office the Utah Outdoor Recreation Grant Advisory
Committee, composed of the following 14 members:
(a) five members representing state or federal government as follows:
(i) the director;
(ii) the director of the Division of Parks and Recreation created in Section 
79-4-201
 or
the director's designee;
(iii) one member who is an employee of the office engaged in the duties described in
Section 
63N-7-201
, appointed by the executive director;
(iv) one member representing the Bureau of Land Management, appointed by the
executive director; and
(v) one member representing the National Park Service Rivers, Trails, and
Conservation Assistance Program, appointed by the executive director;
(b) nine members representing local government, the private sector, or the public that
are knowledgeable about outdoor recreation activities or tourism-based economic development,
appointed by the executive director as follows:
(i) one member representing municipal government, recommended by the Utah League
of Cities and Towns;
(ii) one member representing county government, recommended by the Utah
Association of Counties;
(iii) two members representing the outdoor industry;
(iv) one member representing the Utah Tourism Industry Association;
(v) one member representing the Utah Hotel and Lodging Association;
(vi) one member representing the health care industry;
(vii) one member representing multi-ability groups or programs; and
(viii) one member representing a university outdoor recreation, parks, or tourism
department; and
(c) one of the members appointed under Subsection (2)(b)(i) or (ii) shall represent rural
interests.
(3) The advisory committee shall advise and make recommendations to the office
regarding infrastructure grants.
(4) (a) Except as required by Subsection (4)(b), as terms of appointed advisory
committee members expire, the executive director shall appoint each new member or
reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (4)(a), the executive director shall,
at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
of appointed advisory committee members are staggered so that approximately half of the
appointed advisory committee members are appointed every two years.
(5) The director shall serve as chair of the advisory committee.
(6) The advisory committee shall elect annually a vice chair from the advisory
committee's members.
(7) When a vacancy occurs in the membership for any reason, the executive director
shall appoint the replacement for the unexpired term.
(8) A majority of the advisory committee constitutes a quorum for the purpose of
conducting advisory committee business and the action of a majority of a quorum constitutes
the action of the advisory committee.
(9) The office shall provide administrative staff support for the advisory committee.
(10) A member may not receive compensation or benefits for the member's service, but
a member appointed under Subsection (2)(b) may receive per diem and travel expenses in
accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(11) The advisory committee, as a governmental entity, has all the rights, privileges,
and immunities of a governmental entity of the state and the advisory committee meetings are
subject to Title 52, Chapter 4, Open and Public Meetings Act.
Section 16. Section 
63N-9-205
 is enacted to read:
 63N-9-205.
Utah Outdoor Recreation Infrastructure Account -- Uses -- Costs.
(1) There is created an expendable special revenue fund known as the "Outdoor
Recreation Infrastructure Account," which the office shall use to fund the Outdoor Recreational
Infrastructure Grant Program created in Section 
63N-9-202
.
(2) The account consists of:
(a) distributions to the account under Section 
59-28-103
;
(b) interest earned on the account;
(c) appropriations made by the Legislature; and
(d) private donations, grants, gifts, bequests, or money made available from any other
source to implement this part.
(3) The office shall, with the advice of the Utah Outdoor Recreation Grant Advisory
Committee created in Section 
63N-9-204
, administer the account.
(4) The cost of administering the account shall be paid from money in the account.
(5) Interest accrued from investment of money in the account shall remain in the
account.
Section 17. 
Effective date.
This bill takes effect on January 1, 2018.