Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 136 First Substitute (2018GS)

Sponsor

Rep. Noel, M.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• states that a governmental entity may not advocate or lobby for a federal designation within the state unless the Legislature passes a concurrent resolution in favor of the proposed federal designation; and
• makes technical changes.

Every vote on this bill

Bill text

FEDERAL DESIGNATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael E. Noel
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill relates to a governmental entity that advocates or lobbies for a federal
designation within the state.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ states that a governmental entity may not advocate or lobby for a federal designation
within the state unless the Legislature passes a concurrent resolution in favor of the
proposed federal designation; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63L-2-101
, as enacted by Laws of Utah 2008, Chapter 382
63L-2-201
, as last amended by Laws of Utah 2015, Chapter 84
ENACTS:
63L-2-301
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63L-2-101
 is amended to read:
CHAPTER 2. TRANSFER OF STATE LANDS TO UNITED STATES GOVERNMENT
AND FEDERAL DESIGNATIONS
63L-2-101.
Title.
This chapter is known as [
the
] "Transfer of State Lands to United States Government
[
Act
] 
and Federal Designations
."
Section 2. Section 
63L-2-201
 is amended to read:
63L-2-201.
Federal government acquisition of real property in the state.
(1) As used in this [
chapter
] 
section
:
(a) "Governmental entity" means:
(i) an agency, as that term is defined in Subsection 
63G-10-102
(2);
(ii) the School and Institutional Trust Lands Administration created in Section
53C-1-201
;
(iii) the School and Institutional Trust Lands Board of Trustees created in Section
53C-1-202
; or
(iv) a county.
(b) "Governmentally controlled land" means land owned or managed by a
governmental entity.
(2) (a) Before legally binding the state by executing an agreement to sell or transfer to
the United States government 500 or more acres of governmentally controlled land or school
and institutional trust lands, a governmental entity shall submit the agreement or proposal:
(i) to the Legislature for its approval or rejection; or
(ii) in the interim, to the Legislative Management Committee for review of the
agreement or proposal.
(b) The Legislative Management Committee may:
(i) recommend that the governmental entity execute the agreement or proposal;
(ii) recommend that the governmental entity reject the agreement or proposal; or
(iii) recommend to the governor that the governor call a special session of the
Legislature to review and approve or reject the agreement or proposal.
(3) Before legally binding the state by executing an agreement to sell or transfer to the
United States government less than 500 acres of any governmentally controlled land or school
and institutional trust lands, a governmental entity shall notify the Natural Resources,
Agriculture, and Environment Interim Committee.
(4) Notwithstanding Subsections (2) and (3), the Legislature approves all conveyances
of school trust lands to the United States government made for the purpose of completing the
Red Cliffs National Conservation Area in Washington County.
(5) A governmental entity may, in its discretion, give written notice to the Legislative
Management Committee of formal negotiations it enters into with a federal agent or entity
intended or likely to result in:
(a) the sale, exchange, or transfer of specific governmentally controlled land or school
and institutional trust lands to the federal government; or
(b) designation of specific governmentally controlled land or school and institutional
trust lands as a federal park, monument, or wilderness area.
Section 3. Section 
63L-2-301
 is enacted to read:
Part 3. Federal Designations and Local Advocacy
 63L-2-301.
Promoting or lobbying for federal designations within the state.
(1) As used in this section:
(a) "Federal designation" means the designation of a:
(i) national monument;
(ii) national conservation area;
(iii) wilderness area or wilderness study area;
(iv) area of critical environmental concern;
(v) research natural area; or
(vi) national recreation area.
(b) "Governmental entity" means:
(i) any state-funded institution of higher education or public education;
(ii) any political subdivision of the state;
(iii) every office, agency, board, bureau, committee, department, advisory board, or
commission that is funded or established by the government to carry out the public's business,
regardless of whether the office, agency, board, bureau, committee, department, advisory
board, or commission is composed entirely of public officials or employees;
(iv) as defined in Section 
11-13-103
, an interlocal entity or joint or cooperative
undertaking;
(v) as defined in Section 
11-13a-102
, a governmental nonprofit corporation; and
(vi) an association as defined in Section 
53A-1-1601
.
(2) A governmental entity, or a person employed by and representing a governmental
entity, may not advocate or lobby for a federal designation within the state unless:
(a) the governmental entity takes the proposed federal designation to the Legislature;
and
(b) the Legislature passes a concurrent resolution in support of the proposed federal
designation.
(3) Nothing in this section prohibits an individual, in the individual's private capacity,
from advocating or lobbying for a federal designation.
Legislative Review Note
Office of Legislative Research and General Counsel