Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 274 Second Substitute (2018GS)

Sponsor

Rep. Barlow, S.

Final action

Governor Signed 3/22/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• reduces the royalty rate on the total number of pounds of unprocessed brine shrimp eggs that a person harvests within the state during a tax year;
• amends the distribution of the revenue generated by the brine shrimp royalty;
• requires revenue generated by the brine shrimp royalty that is deposited in the Sovereign Lands Management Account to be used for certain purposes; and
• makes technical changes.

Every vote on this bill

Bill text

Corrected Version
BRINE SHRIMP ROYALTY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stewart E. Barlow
Senate Sponsor: 
David P. Hinkins
LONG TITLE
General Description:
This bill modifies the Brine Shrimp Royalty Act by amending provisions relating to the
brine shrimp royalty.
Highlighted Provisions:
This bill:
▸ reduces the royalty rate on the total number of pounds of unprocessed brine shrimp
eggs that a person harvests within the state during a tax year;
▸ amends the distribution of the revenue generated by the brine shrimp royalty;
▸ requires revenue generated by the brine shrimp royalty that is deposited in the
Sovereign Lands Management Account to be used for certain purposes; and
▸ makes technical changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2019:
▸ to the Department of Natural Resources -- Division of Foresty, Fire, and State Lands
-- Project Management, as an ongoing appropriation:
• from the General Fund Restricted -- Sovereign Lands Management, $125,000.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
59-23-4
, as last amended by Laws of Utah 2016, Chapter 135
65A-5-1
, as last amended by Laws of Utah 2014, Chapter 313
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
59-23-4
 is amended to read:
59-23-4.
Brine shrimp royalty -- Royalty rate -- Commission to prepare billing
statement -- Deposit of revenue.
(1) A person shall pay for each tax year a brine shrimp royalty of [
3.75
] 
3.25
 cents
multiplied by the total number of pounds of unprocessed brine shrimp eggs that the person
harvests within the state during the tax year.
(2) (a) A person that harvests unprocessed brine shrimp eggs shall report to the
Department of Natural Resources the total number of pounds of unprocessed brine shrimp eggs
harvested by that person for that tax year on or before the February 15 immediately following
the last day of that tax year.
(b) The Department of Natural Resources shall provide the following information to
the commission on or before the March 1 immediately following the last day of a tax year:
(i) the total number of pounds of unprocessed brine shrimp eggs harvested for that tax
year; and
(ii) for each person that harvested unprocessed brine shrimp eggs for that tax year:
(A) the total number of pounds of unprocessed brine shrimp eggs harvested by that
person for that tax year; and
(B) a current billing address for that person; and
(iii) any additional information required by the commission.
(c) (i) The commission shall prepare and mail a billing statement to each person that
harvested unprocessed brine shrimp eggs in a tax year by the March 30 immediately following
the last day of a tax year.
(ii) The billing statement under Subsection (2)(c)(i) shall specify:
(A) the total number of pounds of unprocessed brine shrimp eggs harvested by that
person for that tax year;
(B) the brine shrimp royalty that the person owes; and
(C) the date that the brine shrimp royalty payment is due as provided in Section
59-23-5
.
(d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may make rules prescribing the information required under Subsection (2)(b)(iii).
(3) Revenue generated by the brine shrimp royalty shall be deposited [
in the Species
Protection Account created in Section 
79-2-303
.
] 
as follows:
(a) $125,000 of the revenue generated by the brine shrimp royalty shall be deposited in
the Sovereign Lands Management Account created in Section 
65A-5-1
; and
(b) the remainder of the revenue generated by the brine shrimp royalty shall be
deposited in the Species Protection Account created in Section 
79-2-303
.
Section 2. Section 
65A-5-1
 is amended to read:
65A-5-1.
Sovereign Lands Management Account -- Creation -- Contents --
Appropriation to fund division expenses.
(1) There is created within the General Fund a restricted account known as the
Sovereign Lands Management Account.
(2) The account shall consist of the following:
(a) all revenues derived from sovereign lands;
(b) that portion of all revenues derived from mineral leases on other lands managed by
the division necessary to recover management costs; [
and
]
(c) any fees deposited by the division[
.
]
; and
(d) amounts deposited into the account in accordance with Section 
59-23-4
.
(3) All expenditures of the division relating directly to the management of state lands
shall be funded by appropriation by the Legislature from the Sovereign Lands Management
Account or other sources.
(4) The Legislature may appropriate funds in the account to reimburse one or more
state government entities for money spent on the operation of national parks, national
monuments, national forests, and national recreation areas in the state during a fiscal
emergency, as defined in Section 
79-4-1102
.
(5) The division shall use the amount deposited into the account under Subsection
(2)(d) for the Great Salt Lake as described in Section 
65A-10-8
 as directed by the Great Salt
Lake Advisory Council created in Section 
73-30-201
.
Section 3. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2018, and ending June 30, 2019. These are additions to amounts previously appropriated for
fiscal year 2019. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
Act, the Legislature appropriates the following sums of money from the funds or accounts
indicated for the use and support of the government of the state of Utah.
ITEM 1
To Department of Natural Resources -- Division of Forestry, Fire, and
State Lands
From General Fund Restricted -- Sovereign Lands Management
$125,000
Schedule of Programs:
Project Management
$125,000
Section 4. 
Effective date.
(1) Except as provided in Subsection (2), this bill takes effect on July 1, 2018.
(2) The amendments to the following sections take effect on February 1, 2019:
(a) Section 
59-23-4
; and
(b) Section 
65A-5-1
.