Enrolled Copy H.B. 133

Similar documents
IC Chapter 13. Veterans' Affairs Trust Fund. IC Repealed (As added by P.L , SEC.16. Repealed by P.L , SEC.170.

CHAPTER 500. (Senate Bill 277) Vehicle Laws Speed Monitoring Systems Statewide Authorization and Use in Highway Work Zones

CHAPTER Senate Bill No. 388

UNEMPLOYMENT COMPENSATION LAW - CONTRIBUTIONS BY EMPLOYEES AND SERVICE AND INFRASTRUCTURE IMPROVEMENT FUND

BYLAWS OF THE UTAH MUSEUMS ASSOCIATION. Revised July 17, 2015

Ben Franklin Technology Development Authority Fund. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Appendix A NEW JERSEY COMMISSION ON CAPITAL BUDGETING AND PLANNING STATUTES

Feasibility of a Minnesota Fish and Wildlife Foundation. May 26, 2010

1, 1993; Laws 1996, c. 352, 2; Laws 2001, c. 138, 1; Laws 2007, c. 19, 1; Laws 2013, c. 294, 1.

The Agri-Food Act, 2004

CHAPTER Senate Bill No. 2058

CHAPTER Senate Bill No. 2582

Senate Bill No. 493 Committee on Revenue

UNOFFICIAL COPY OF SENATE BILL 12 (PRE-FILED) A BILL ENTITLED

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013

Financial Administration Act, Act,

HB Introduced by Representatives Cook: Barton, Bowers, Clodfelter, Finchem, Grantham, John, Mitchell, Payne, Rivero, Thorpe, Toma, Senator Pratt

HOUSE BILL By McCormick BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

CORPORATE BYLAWS, as amended, 2008

Senate Bill No. 440 Committee on Finance

SENATE BILL 848 CHAPTER

ARTICLE 2 AS AMENDED

Issue Docket General Appropriations Bill

TITLE II--DEVELOPMENT OF SOLAR AND WIND ENERGY ON PUBLIC LAND

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING 2016 BUDGET SESSION

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

CHILD ABUSE AND NEGLECT PREVENTION ACT Act 250 of The People of the State of Michigan enact:

Board of Trustees of the University of Oregon

PUBLIC LAW OCT. 3, STAT. 3765

Province of Alberta AUDITOR GENERAL ACT. Revised Statutes of Alberta 2000 Chapter A-46. Current as of December 15, Office Consolidation

1 HB By Representative Millican. 4 RFD: Boards, Agencies and Commissions. 5 First Read: 07-FEB-12 6 PFD: 02/02/2012.

AGRI-FOOD. The Agri-Food Act. Repealed by Chapter A of the Statutes of Saskatchewan, 2004 (effective October 8, 2004).

The Saskatchewan Heritage Foundation Act

Wyoming Statutes, Title 9, Administration of the Government, Chapter 12, Wyoming Economic Development Act, Article 1, In General, 2014

JOINT RULES of the Florida Legislature

SENATE BILL lr2404 CF HB 1194 CHAPTER. Spending Mandate and Revenue Dedication Relief Act

Chief Clerk of the Assembly. Secretary of the Senate. Private Secretary of the Governor

1 HB By Representative Millican. 4 RFD: Boards, Agencies and Commissions. 5 First Read: 07-FEB-12 6 PFD: 02/02/2012.

Maryland State Laws Applicable to Harford Community College Updated 11/12/2017

FORFEITURE PROCEDURES AMENDMENTS. Sponsor: Lyle W. Hillyard

The Personal Care Homes Act

SENATE FILE NO. SF0108 A BILL. for. AN ACT relating to economic diversification and. development; modifying membership and authority of the

The Saskatchewan Polytechnic Act

THE WILDERNESS ACT. Public Law (16 U.S.C ) 88th Congress, Second Session September 3, 1964 (As amended)

NOTICE OF PUBLIC MEETING AND POSSIBLE EXECUTIVE SESSION OF THE STATE OF ARIZONA CITIZENS CLEAN ELECTIONS COMMISSION

1 SB By Senator Allen. 4 RFD: Governmental Affairs. 5 First Read: 07-FEB-17 6 PFD: 02/06/2017. Page 0

Referred to Committee on Legislative Operations and Elections

REVISOR FULL-TEXT SIDE-BY-SIDE

BY-LAWS OF WEST VIRGINIA STATE UNIVERSITY RESEARCH & DEVELOPMENT CORPORATION ARTICLE I PURPOSE, OFFICE ARTICLE II SEAL

CHAPTER 32 MUNICIPAL BUDGET LAW. Section 32:1

CHAPTER Senate Bill No. 1204

Senate Bill No. 44 CHAPTER 645

ARTICLE 7. SECTION 1. Section of the General Laws in Chapter entitled "The

BYLAWS. Abilene Christian University ARTICLE I. OFFICES

78th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled. House Bill 2730

DEFENSE BASE CLOSURE AND REALIGNMENT ACT OF 1990 (As amended through FY 03 Authorization Act)

IC Chapter Historic Hotel Preservation

WILDERNESS ACT. Public Law (16 U.S. C ) 88 th Congress, Second Session September 3, 1964

*HB0315* H.B BEE KEEPING AMENDMENTS. LEGISLATIVE GENERAL COUNSEL Approved for Filing: E. Chelsea-McCarty :54 AM

16 USC 460l-5. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

Financial Oversight and Management Board for Puerto Rico. Bylaws

Lobbyist Laws and Rules. Fiscal Year

UNIVERSITY OF DENVER STURM COLLEGE OF LAW STUDENT BAR ASSOCIATION BY-LAWS (Last Updated on April 17, 2016)

1 SB By Senator Allen. 4 RFD: Governmental Affairs. 5 First Read: 07-FEB-17 6 PFD: 02/06/2017. Page 0

BYLAWS COMMUNITY HEALTH ASSOCIATION OF MOUNTAIN/PLAINS STATES (CHAMPS)

CHAPTER 30 ATTORNEY GENERAL

HOUSE BILL 2162 AN ACT

S 2807 S T A T E O F R H O D E I S L A N D

A Bill Regular Session, 2017 SENATE BILL 601

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled. House Bill 4163 CHAPTER... AN ACT

CHAPTER Committee Substitute for House Bill No. 4043

Legislative Review of State Agency Requests to Spend Federal Funds

As Introduced. 132nd General Assembly Regular Session S. B. No

CHAPTER LOBBYING

Fiscal Impact Summary FY FY Revenue Cash Funds ($1.5 million) ($3.0 million) Expenditures Cash Funds ($480,508) ($2,520,531)

SENATE AMENDED PRIOR PRINTER'S NOS. 917, 4350 PRINTER'S NO THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL

3 By Representatives Whorton (R), Ellis, Crawford, Butler, 4 Hanes, Ball, Rowe, Williams (JW), Moore (B) and Ledbetter

PENNSYLVANIA'S LOBBYING DISCLOSURE LAW 65 Pa.C.S A, et seq.

FINANCIAL ADMINISTRATION ACT

LEGISLATIVE COUNSELʹS DIGEST

BY-LAWS. CANYON LAKE VILLAGE WEST PROPERTY OWNERS ASSOCIATION (A non-profit corporation) Canyon Lake, Texas

CHAPTER Committee Substitute for Senate Bill No. 1088

IC Chapter 6. Indiana Criminal Justice Institute

SENATE FILE NO. SF0040

As Introduced. Regular Session H. B. No

Working Draft of Proposed Rules (Redline Version)

As Engrossed: S3/25/03. For An Act To Be Entitled AN ACT TO ENHANCE ENFORCEMENT OF ARKANSAS CODE AND ; AND FOR OTHER PURPOSES.

A Bill Regular Session, 2019 HOUSE BILL 1070

Minority Business Economic Development Act 1222

The Archives Act, 2004

ADDENDUM CALENDAR OF COUNTY RESPONSIBILITIES (REQUIRED BY NEVADA LAW) RECURRING

THE LOUISIANA VOCATIONAL REHABILITATION COUNSELORS LICENSING ACT

Assembly Bill No CHAPTER 426

BYLAWS OF THE INTERNATIONAL HEALTH ECONOMICS ASSOCIATION ARTICLE 1 NAME, DEFINITIONS, LOCATION, AND PURPOSE

D EXECUTIVE ORDER. Proclamation Declaration of Vote on Certain Measures

Constitution Revision Commission

SENATE BILL No service, wireless telecommunications service, VoIP

PROPOSED AMENDMENTS TO HOUSE BILL 3099

TEXAS ASSOCIATION FOR CRIME STOPPERS BYLAWS

BY-LAWS CHEBOYGAN HOCKEY ASSOCIATION, INC. ARTICLE I. Name

Transcription:

Enrolled Copy H.B. 133 1 CONTINGENT MANAGEMENT FOR FEDERAL FACILITIES 2 2014 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: David E. Lifferth 5 Senate Sponsor: J. Stuart Adams 6 7 LONG TITLE 8 General Description: 9 This bill authorizes the governor to work with the federal government to operate and 10 maintain national parks, monuments, forests, and recreation areas in the state during a 11 fiscal emergency. 12 Highlighted Provisions: 13 This bill: 14 defines the term "fiscal emergency"; 15 authorizes the governor to work with the federal government to open and maintain 16 the operation of one or more national parks, national monuments, national forests, 17 or national recreation areas in the state; and 18 makes technical changes. 19 Money Appropriated in this Bill: 20 None 21 Other Special Clauses: 22 None 23 Utah Code Sections Affected: 24 AMENDS: 25 63G-6a-107, as last amended by Laws of Utah 2013, Chapter 445 26 63I-2-265, as enacted by Laws of Utah 2013, Second Special Session, Chapter 3 27 65A-5-1, as last amended by Laws of Utah 2013, Second Special Session, Chapter 3 28 65A-5-2, as last amended by Laws of Utah 1994, Chapter 294 29 ENACTS:

H.B. 133 Enrolled Copy 30 79-4-1101, Utah Code Annotated 1953 31 79-4-1102, Utah Code Annotated 1953 32 79-4-1103, Utah Code Annotated 1953 33 34 Be it enacted by the Legislature of the state of Utah: 35 Section 1. Section 63G-6a-107 is amended to read: 36 63G-6a-107. Exemptions from chapter -- Compliance with federal law. 37 (1) Except for Part 23, Unlawful Conduct and Penalties, the provisions of this chapter 38 are not applicable to: 39 (a) funds administered under the Percent-for-Art Program of the Utah Percent-for-Art 40 Act; 41 (b) grants awarded by the state or contracts between the state and any of the following: 42 (i) an educational procurement unit; 43 (ii) a conservation district; 44 (iii) a local building authority; 45 (iv) a local district; 46 (v) a public corporation; 47 (vi) a special service district; 48 (vii) a public transit district; or 49 (viii) two or more of the entities described in Subsections (1)(b)(i) through (vii), acting 50 under legislation that authorizes intergovernmental cooperation; 51 (c) medical supplies or medical equipment, including service agreements for medical 52 equipment, obtained through a purchasing consortium by the Utah State Hospital, the Utah 53 State Developmental Center, the University of Utah Hospital, or any other hospital owned by 54 the state or a political subdivision of the state, if: 55 (i) the consortium uses a competitive procurement process; and 56 (ii) the chief administrative officer of the hospital makes a written finding that the 57 prices for purchasing medical supplies and medical equipment through the consortium are - 2 -

Enrolled Copy H.B. 133 58 competitive with market prices; 59 (d) goods purchased for resale; [or] 60 (e) the Division of Parks and Recreation, during a fiscal emergency, as defined by 61 Subsection 79-4-1102(1), if the division is acting under the authority described in Sections 62 79-4-1101 through 79-4-1103; or 63 [(e)] (f) any action taken by a majority of both houses of the Legislature. 64 (2) (a) Notwithstanding Subsection (1), the provisions of Part 23, Unlawful Conduct 65 and Penalties, are not applicable to an entity described in Subsection (1)(b)(ii), (iii), (iv), (vi), 66 (vii), or (viii). 67 (b) This chapter does not prevent a procurement unit from complying with the terms 68 and conditions of any grant, gift, or bequest that is otherwise consistent with law. 69 (3) Notwithstanding any conflicting provision of this chapter, when a procurement 70 involves the expenditure of federal assistance, federal contract funds, local matching funds, or 71 federal financial participation funds, the procurement unit shall comply with mandatory 72 applicable federal law and regulations not reflected in this chapter. 73 (4) This chapter does not supersede the requirements for retention or withholding of 74 construction proceeds and release of construction proceeds as provided in Section 13-8-5. 75 Section 2. Section 63I-2-265 is amended to read: 76 63I-2-265. Repeal dates -- Title 65A. 77 [Subsection 65A-5-1(4) is repealed on December 2, 2013.] 78 Section 3. Section 65A-5-1 is amended to read: 79 65A-5-1. Sovereign Lands Management Account -- Creation -- Contents -- 80 Appropriation to fund division expenses. 81 (1) There is created within the General Fund a restricted account known as the 82 Sovereign Lands Management Account. 83 (2) The account shall consist of the following: 84 (a) all revenues derived from sovereign lands; [and] 85 (b) that portion of all revenues derived from mineral leases on other lands managed by - 3 -

H.B. 133 Enrolled Copy 86 the division necessary to recover management costs[.]; and 87 (c) any fees deposited by the division. 88 (3) All expenditures of the division relating directly to the management of state lands 89 shall be funded by appropriation by the Legislature from the Sovereign Lands Management 90 Account or other sources. 91 (4) The Legislature may appropriate funds in the account to reimburse one or more 92 state government entities for money spent on the operation of national parks, national 93 monuments, national forests, and national recreation areas in the state during a fiscal 94 emergency, as defined in Section 79-4-1102. 95 Section 4. Section 65A-5-2 is amended to read: 96 65A-5-2. Deposit and allocation of money received. 97 (1) (a) [The] Subject to Subsection (3), the division shall pay to the state treasurer all 98 money received, accompanied by a statement showing the respective sources of this money. 99 (b) Each source shall be classified as to sales, rentals, royalties, interest, fees, penalties, 100 and forfeitures. 101 (2) (a) All money received by the division as a first or down payment on applications to 102 purchase, permit, or lease state lands or minerals shall be paid to the state treasurer and held in 103 suspense pending final action on those applications. 104 (b) After final action these payments shall either be credited to the appropriate fund or 105 account, or refunded to the applicant in accordance with the action taken. 106 (3) The division shall provide a separate accounting for all fees received under 107 Subsection 65A-5-1(4). 108 Section 5. Section 79-4-1101 is enacted to read: 109 Part 11. Contingency Planning for Management of Federal Land 110 79-4-1101. Title. 111 This part is known as "Contingency Planning for Management of Federal Land." 112 Section 6. Section 79-4-1102 is enacted to read: 113 79-4-1102. Contingency plan for federal property. - 4 -

Enrolled Copy H.B. 133 114 (1) As used in this part, "fiscal emergency" means a major disruption in the operation 115 of one or more national parks, national monuments, national forests, or national recreation 116 areas in the state caused by the unforseen or sudden significant decrease or elimination of 117 funding from the federal government. 118 (2) During a fiscal emergency, and subject to congressional approval, the governor's 119 agreement with the United States Department of the Interior, or a presidential executive order, 120 the governor is authorized to enter into an agreement with the federal government to ensure 121 that one or more national parks, national monuments, national forests, or national recreation 122 areas in the state, according to the priority set under Section 79-4-1103, remain open to the 123 public. 124 Section 7. Section 79-4-1103 is enacted to read: 125 79-4-1103. Governor's duties -- Priority of federal property. 126 (1) During a fiscal emergency, the governor shall: 127 (a) if financially practicable, work with the federal government to open and maintain 128 the operation of one or more national parks, national monuments, national forests, and national 129 recreation areas in the state, in the order established under this section; and 130 (b) report to the speaker of the House and the president of the Senate on the need, if 131 any, for additional appropriations to assist the division in opening and operating one or more 132 national parks, national monuments, national forests, and national recreation areas in the state. 133 (2) The director of the Outdoor Recreation Office, created in Section 63M-1-3304, in 134 consultation with the executive director of the Governor's Office of Economic Development, 135 shall determine, by rule, the priority of national parks, national monuments, national forests, 136 and national recreation areas in the state. 137 (3) In determining the priority described in Subsection (2), the director of the Outdoor 138 Recreation Office shall consider the: 139 (a) economic impact of the national park, national monument, national forest, or 140 national recreation area in the state; and 141 (b) recreational value offered by the national park, national monument, national forest, - 5 -

H.B. 133 Enrolled Copy 142 or national recreation area. 143 (4) The director of the Outdoor Recreation Office shall: 144 (a) report the priority determined under Subsection (2) to the Natural Resources, 145 Agriculture, and Environment Interim Committee by November 30, 2014; and 146 (b) annually review the priority set under Subsection (2) to determine whether the 147 priority list should be amended. - 6 -