Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 384 Third Substitute (2023GS)

Sponsor

Rep. Stenquist, J.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends the makeup of the Outdoor Adventure Commission;
• amends provisions relating to the Outdoor Adventure Infrastructure Restricted Account; and
• appropriates funds.

Every vote on this bill

Bill text

OUTDOOR RECREATION INFRASTRUCTURE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jeffrey D. Stenquist
Senate Sponsor: 
Jacob L. Anderegg
LONG TITLE
General Description:
This bill amends the Outdoor Adventure Infrastructure Restricted Account and the
makeup of the Outdoor Adventure Commission.
Highlighted Provisions:
This bill:
▸ amends the makeup of the Outdoor Adventure Commission;
▸ amends provisions relating to the Outdoor Adventure Infrastructure Restricted
Account; and
▸ appropriates funds.
Money Appropriated in this Bill:
This bill appropriates for fiscal year 2024:
▸ to Department of Natural Resources - Division of State Parks - Capital:
• from General Fund Restricted - Outdoor Adventure Infrastructure Restricted
Account, $5,000,000;
▸ to Department of Natural Resources - Division of Outdoor Recreation - Capital:
• from General Fund Restricted - Outdoor Adventure Infrastructure Restricted
Account, $8,000,000; and
▸ to Department of Natural Resources - Division of Outdoor Recreation - Capital:
• from General Fund Restricted - Outdoor Adventure Infrastructure Restricted
Account, $19,000,000.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
51-9-902
, as enacted by Laws of Utah 2022, Chapter 77
63C-21-201
, as last amended by Laws of Utah 2022, Chapter 68
79-7-204
, as enacted by Laws of Utah 2021, Chapter 280
79-8-103
, as last amended by Laws of Utah 2022, Chapter 68
79-8-106
, as last amended by Laws of Utah 2022, Chapters 68, 274
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
51-9-902
 is amended to read:
51-9-902.
Outdoor Adventure Infrastructure Restricted Account.
(1) 
As used in this section, "outdoor recreation infrastructure" means:
(a) an unpaved trail, trail head infrastructure, signage, or crossing infrastructure for
recreation, regardless of whether the recreation is motorized or nonmotorized recreation;
(b) a campground or day-use recreation site;
(c) water recreation infrastructure, including a pier, dock, or boat ramp; or
(d) outdoor recreation facilities that are accessible to visitors with disabilities.
(2)
 There is created within the General Fund a restricted account known as the
"Outdoor Adventure Infrastructure Restricted Account."
[
(2)
] 
(3)
 The account shall consist of:
(a) money deposited into the account under Subsection 
59-12-103
(16); and
(b) interest and earnings on money in the account.
[
(3)
] 
(4)
 Subject to appropriation from the Legislature, money from the account shall
be used for:
(a) new construction of outdoor recreation infrastructure;
(b) upgrades of outdoor recreation infrastructure;
(c) the replacement of or structural improvements to outdoor recreation infrastructure;
(d) the acquisition of land, a right-of-way, or easement used in relationship to outdoor
recreation infrastructure; or
(e) providing access from state highways, as defined in Section 
72-1-102
, to outdoor
recreation infrastructure.
(5) For each fiscal year, beginning with fiscal year 2023-2024, the Division of Finance
shall, subject to appropriation by the Legislature, distribute money from the Outdoor Adventure
Infrastructure Restricted Account as follows:
(a) at least 15% to the Department of Natural Resources - Division of State Parks -
Capital, to be expended using the department's existing prioritization process for capital
projects in state parks described in Subsection (4);
(b) at least 22% to the Department of Natural Resources - Division of Outdoor
Recreation - Capital, to be expended for competitive Recreation Restoration Infrastructure
grants or Outdoor Recreational Infrastructure grants for outdoor recreation capital projects and
related maintenance expenses, where maintenance expenses do not exceed 15% of the
appropriation; and
(c) at least 53% to the Department of Natural Resources - Division of Outdoor
Recreation - Capital, to be expended for larger outdoor recreation infrastructure projects as
recommended to the Legislature by the Outdoor Adventure Commission described in
Subsection (4).
[
(4)
] 
(6)
 If the Legislature appropriates money to the Department of Transportation
from the account, the Transportation Commission, created in Section 
72-1-301
, shall prioritize
projects and determine funding levels in accordance with Subsection 
72-1-303
(1)(a) based on
recommendations of the Department of Transportation.
Section 2. Section 
63C-21-201
 is amended to read:
63C-21-201.
Outdoor Adventure Commission created.
(1) There is created the Outdoor Adventure Commission consisting of the following
[
] 
 members:
(a) one member of the Senate, appointed by the president of the Senate;
(b) one member of the House of Representatives, appointed by the speaker of the
House of Representatives;
(c) the managing director of the Utah Office of Tourism, or the managing director's
designee;
(d) the director of the Division of Outdoor Recreation, or the director's designee;
(e) the director of the School and Institutional Trust Lands Administration, or the
director's designee;
(f) a designee of the Division of State Parks;
[
(f) the coordinator of the Off-highway Vehicle Program within the Division of
Outdoor Recreation;
]
(g) a representative of the agriculture industry appointed jointly by the president of the
Senate and the speaker of the House of Representatives;
(h) a representative of the natural resources development industry appointed jointly by
the president of the Senate and the speaker of the House of Representatives;
[
(i) one representative of the Utah League of Cities and Towns appointed by the Utah
League of Cities and Towns;
]
[
(j)
] 
(i)
 [
one representative
] 
two representatives
 of the Utah Association of Counties
appointed by the Utah Association of Counties;
[
(k)
] 
(j)
 [
one individual appointed jointly by
] 
two representatives of
 the Utah League of
Cities and Towns [
and the Utah Association of Counties
] 
appointed by the Utah League of
Cities and Towns
;
[
(l)
] 
(k)
 a representative of conservation interests appointed jointly by the president of
the Senate and the speaker of the House of Representatives;
[
(m)
] 
(l)
 a representative of the outdoor recreation industry appointed jointly by the
president of the Senate and the speaker of the House of Representatives; and
(m) a representative of the Department of Transportation.
[
(n) the coordinator of the boating program within the Division of Outdoor
Recreation.
]
(2) The commission shall annually select one of the commission's members to be the
chair of the commission.
(3) (a) If a vacancy occurs in the membership of the commission appointed under
Subsection (1)(a) or (b), or Subsections (1)(g) through [
(m)
] 
(l)
, the member shall be replaced
in the same manner in which the original appointment was made.
(b) A member appointed under Subsections (1)(g) through [
(m)
] 
(l)
 shall serve a term
of four years and until the member's successor is appointed and qualified.
(c) Notwithstanding the requirements of Subsection (3)(b), for members appointed
under Subsections (1)(g) through [
(m)
] 
(l)
, the division shall, at the time of appointment or
reappointment, adjust the length of terms to ensure that the terms of commission members are
staggered so that approximately half of the commission members appointed under Subsections
(1)(g) through [
(m)
] 
(l)
 are appointed every two years.
(d) An individual may be appointed to more than one term.
(4) (a) Eight commission members constitutes a quorum.
(b) The action of a majority of a quorum constitutes an action of the commission.
(5) (a) The salary and expenses of a commission member who is a legislator shall be
paid in accordance with Section 
36-2-2
, Legislative Joint Rules, Title 5, Chapter 2, Lodging,
Meal, and Transportation Expenses, and Legislative Joint Rules, Title 5, Chapter 3, Legislator
Compensation.
(b) A commission member who is not a legislator may not receive compensation or
benefits for the member's service on the commission, but may receive per diem and
reimbursement for travel expenses incurred as a commission 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
.
(6) The coordinator of the Off-highway Vehicle Program within the Division of
Outdoor Recreation shall serve as a technical advisor to the commission.
(7) The coordinator of the boating program within the Division of Outdoor Recreation
shall serve as a technical advisor to the commission.
[
(6) The Department of Transportation shall serve as a technical advisor to the
commission.
]
[
(7)
] 
(8)
 The Division of Outdoor Recreation, created in Section 
79-7-201
, shall
provide staff support to the commission.
Section 3. Section 
79-7-204
 is amended to read:
79-7-204.
Division authorized to enter into contracts and agreements.
(1) The division, with the approval of the executive director and the governor, may
enter into contracts and agreements with the United States, a United States agency, any other
department or agency of the state, semipublic organizations, and with private individuals to:
(a) 
provide, 
improve [
and
] 
,
 maintain [
recreational grounds and the areas administered
by the division
] 
, or coordinate motorized and nonmotorized recreation within the state
; and
(b) secure labor, quarters, materials, services, or facilities according to procedures
established by the Division of Finance.
(2) A department, agency, officer, or employee of the state shall give to the division the
consultation and assistance that the division may reasonably request.
Section 4. Section 
79-8-103
 is amended to read:
79-8-103.
Outdoor recreation grants.
To the extent money is available, the division shall administer outdoor recreation grants
for the state, including grants that address:
(1) outdoor recreation in general;
(2) recreational trails;
(3) off-highway vehicle incentives;
(4) boat access and clean vessels;
(5) land, water, and conservation; [
and
]
(6) outdoor recreation programming
; and
(7) maintenance projects related to the above allowable uses
.
Section 5. Section 
79-8-106
 is amended to read:
79-8-106.
Outdoor Recreation Infrastructure Account -- Uses -- Costs.
(1) There is created an expendable special revenue fund known as the "Outdoor
Recreation Infrastructure Account," which the division shall use to fund:
(a) the Outdoor Recreational Infrastructure Grant Program created in Section 
79-8-401
;
[
and
]
(b) the Recreation Restoration Infrastructure Grant Program created in Section
79-8-202
; and
(c) the Utah Children's Outdoor Recreation and Education Grant Program created in
Section 
79-8-302
.
(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;
(d) money from a cooperative agreement entered into with the United States
Department of Agriculture or the United States Department of the Interior; and
(e) private donations, grants, gifts, bequests, or money made available from any other
source to implement this part.
(3) The division shall, with the advice of the advisory committee, 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 6. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
fiscal year 2024. 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 State Parks - Capital
From General Fund Restricted - Outdoor Adventure Infrastructure
Restricted Account 
5,000,000
Schedule of Programs:
Renovation and Development 5,000,000
The Legislature intends that:
(1) the Division of State Parks use the money appropriated under this item for the
purposes permitted under Title 51, Chapter 9, Part 9, Outdoor Adventure Infrastructure
Restricted Account; and
(2) under Section 
63J-1-603
, appropriations provided under this section not lapse at the
close of fiscal year 2024.
ITEM 2
To Department of Natural Resources - Division of Outdoor Recreation - Capital
From General Fund Restricted - Outdoor Adventure Infrastructure
Restricted Account
8,000,000
Schedule of Programs:
Recreation Capital 8,000,000
The Legislature intends that the Division of Outdoor Recreation use the money
appropriated under this item:
(1) for the purposes permitted under Title 51, Chapter 9, Part 9, Outdoor Adventure
Infrastructure Restricted Account;
(2) in accordance with existing grant programs that require a match by recipients of the
grant; and
(3) by using no more than 15% of the money appropriated under this item for
maintenance.
ITEM 3
To Department of Natural Resources - Division of Outdoor Recreation - Capital
From General Fund Restricted - Outdoor Adventure Infrastructure
Restricted Account
19,000,000
Schedule of Programs:
Recreation Capital 19,000,000
The Legislature intends that:
(1) the Department of Natural Resources use the money appropriated under this item
for larger capital projects as recommended to the Legislature by the Outdoor Adventure
Commission; and
(2) the money appropriated under this item is nonlapsing.