Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 341 First Substitute (2021GS)

Sponsor

Rep. Owens, D.

Final action

Governor Signed 3/22/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• creates the advisory committee;
• specifies powers and duties of the advisory committee, including contracting with a consultant;
• provides for the repeal of the advisory committee; and
• makes technical changes.

Every vote on this bill

Bill text

BEARS EARS VISITOR CENTER ADVISORY COMMITTEE
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Doug Owens
Senate Sponsor: 
David P. Hinkins
Cosponsor:
Phil Lyman
LONG TITLE
General Description:
This bill provides for an advisory committee to study a Bears Ears visitor center.
Highlighted Provisions:
This bill:
▸ creates the advisory committee;
▸ specifies powers and duties of the advisory committee, including contracting with a
consultant;
▸ provides for the repeal of the advisory committee; and
▸ makes technical changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2022:
▸ to the Legislature - Senate as a one-time appropriation:
• from the General Fund, $2,300;
▸ to the Legislature - House of Representatives as a one-time appropriation:
• from the General Fund, $4,700; and
▸ to the Department of Heritage and Arts - Indian Affairs as a one-time appropriation:
• from the General Fund, $10,800.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63I-2-209
, as enacted by Laws of Utah 2020, Fifth Special Session, Chapter 12
ENACTS:
9-9-112
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
9-9-112
 is enacted to read:
 9-9-112.
Bears Ears Visitor Center Advisory Committee.
(1) Utah extends an invitation to the Navajo Nation, the Ute Mountain Ute Tribe, the
Hopi Nation, the Zuni Tribe, and the Ute Indian Tribe of the Uintah Ouray to form an advisory
committee for the purpose of exploring the feasibility, location, functions, and other important
matters surrounding the creation of a visitor center at Bears Ears.
(2) As used in this section:
(a) "Advisory committee" means the Bears Ears Visitor Center Advisory Committee
created by this section.
(b) "Bears Ears" means the Bears Ears National Monument.
(3) (a) Subject to Subsection (3)(b), there is created the Bears Ears Visitor Center
Advisory Committee consisting of the following eight members:
(i) five voting members as follows:
(A) a representative of the Navajo Nation, appointed by the Navajo Nation;
(B) a representative of the Ute Mountain Ute Tribe, appointed by the Ute Mountain
Ute Tribe;
(C) a representative of the Hopi Nation, appointed by the Hopi Nation;
(D) a representative of the Zuni Tribe, appointed by the Zuni Tribe; and
(E) a representative of the Ute Indian Tribe of the Uintah Ouray, appointed by the Ute
Indian Tribe of the Uintah Ouray; and
(ii) subject to Subsection (4), three nonvoting members as follows:
(A) one member of the Senate, appointed by the president of the Senate; and
(B) two members of the House of Representatives, appointed by the speaker of the
House of Representatives.
(b) The advisory committee is formed when all of the tribes described in Subsection
(1)(a)(i) have communicated to the other tribes and to the Division of Indian Affairs that the
tribe has appointed a member to the advisory committee.
(4) At least one of the three legislative members appointed under Subsection (3)(a)(ii)
shall be from a minority party.
(5) The advisory committee may select from the advisory committee members the chair
or other officers of the advisory committee.
(6) (a) If a vacancy occurs in the membership of the advisory committee appointed
under Subsection (3), the member shall be replaced in the same manner in which the original
appointment was made.
(b) A member appointed under Subsection (3) serves until the member's successor is
appointed and qualified.
(7) (a) A majority of the voting members of the advisory committee constitutes a
quorum.
(b) The action of a majority of a quorum constitutes an action of the advisory
committee.
(8) (a) The salary and expenses of an advisory committee member who is a legislator
shall be paid in accordance with Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative
Compensation and Expenses.
(b) An advisory committee member who is not a legislator may not receive
compensation or benefits for the member's service on the advisory committee, but may receive
per diem and reimbursement for travel expenses incurred as an advisory committee member at
the rates established by the Division of Finance under:
(i) Sections 
63A-3-106
 and 
63A-3-107
; and
(ii) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(9) The advisory committee may invite the United States Forest Service, the Bureau of
Land Management, the Division of Parks and Recreation, and the Utah Office of Tourism
within the Governor's Office of Economic Development, to serve as technical advisors to the
advisory committee.
(10) The Division of Indian Affairs shall staff the advisory committee.
(11) The advisory committee shall study and make recommendations concerning:
(a) the need for a visitor center associated with Bears Ears;
(b) the feasibility of a visitor center associated with Bears Ears, including investigating:
(i) potential locations for the visitor center;
(ii) purposes for the visitor center; and
(iii) sources of funding to build and maintain the visitor center;
(c) whether a visitor center will increase visitorship to Bears Ears; and
(d) whether a visitor center at Bears Ears could function as a repository of traditional
knowledge and practices.
(12) The advisory committee may contract with one or more consultants to conduct
work related to the issues raised in Subsection (11) if the Legislature appropriates money
expressly for the purpose of the advisory committee contracting with a consultant.
(13) The advisory committee shall hold at least one public hearing to obtain public
comment on the creation of a Bears Ears visitor center.
(14) The advisory committee shall report the advisory committee's recommendations to
one or more of the following:
(a) the Economic Development and Workforce Services Interim Committee;
(b) the House Economic Development and Workforce Services Committee; or
(c) the Senate Economic Development and Workforce Services Committee.
Section 2. Section 
63I-2-209
 is amended to read:
63I-2-209.
Repeal dates -- Title 9.
(1) Section 
9-9-112
, Bears Ears Visitor Center Advisory Committee, is repealed
December 31, 2024.
(2)
 Title 9, Chapter 6, Part 9, COVID-19 Cultural Assistance Grant Program, is
repealed June 30, 2021.
Section 3. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2021, and ending June 30, 2022. These are additions to amounts previously appropriated for
fiscal year 2022. 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 Legislature - Senate
From General Fund, One-time
$2,300
Schedule of Programs:
Administration $2,300
ITEM 2
To Legislature - House of Representatives
From General Fund, One-time
$4,700
Schedule of Programs:
Administration $4,700
ITEM 3
To Department of Heritage and Arts - Indian Affairs
From General Fund, One-time
$10,800
Schedule of Programs:
Indian Affairs $10,800
The Legislature intends that an appropriation provided under these items be used for
expenses relating to the per diem and reimbursement for travel expenses incurred by the Bears
Ears Visitor Center Advisory Committee as described in Section 
9-9-112
 and costs of staffing
the committee. It is the intent of the Legislature that the appropriations be nonlapsing.