Enrolled Copy H.B. 85
1 FEDERAL DESIGNATIONS AMENDMENTS
2 2020 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Carl R. Albrecht
5 Senate Sponsor: David P. Hinkins
6
7 LONG TITLE
8 General Description:
9 This bill addresses federal designations.
10 Highlighted Provisions:
11 This bill:
12 < amends the definitions related to federal designations;
13 < addresses the committee to receive notification and request review; and
14 < makes technical changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 63L-2-301, as enacted by Laws of Utah 2019, Chapter 457
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 63L-2-301 is amended to read:
25 63L-2-301. Promoting or lobbying for a federal designation within the state.
26 (1) As used in this section:
27 (a) "Federal designation" means the designation of a:
28 (i) national monument;
29 (ii) national conservation area;
H.B. 85 Enrolled Copy
30 (iii) wilderness area or wilderness study area;
31 (iv) area of critical environmental concern;
32 (v) research natural area; or
33 (vi) national recreation area.
34 (b) (i) "Governmental entity" means:
35 (A) a state-funded institution of higher education or public education;
36 (B) a political subdivision of the state;
37 (C) an office, agency, board, bureau, committee, department, advisory board, or
38 commission that the government funds or establishes to carry out the public's business,
39 regardless of whether the office, agency board, bureau, committee, department, advisory board,
40 or commission is composed entirely of public officials or employees;
41 (D) an interlocal entity as defined in Section 11-13-103 or a joint or cooperative
42 undertaking as defined in Section 11-13-103;
43 (E) a governmental nonprofit corporation as defined in Section 11-13a-102; or
44 (F) an association as defined in Section 53G-7-1101.
45 (ii) "Governmental entity" does not mean:
46 (A) the School and Institutional Trust Lands Administration created in Section
47 53C-1-201; [or]
48 (B) the School and Institutional Trust Lands Board of Trustees created in Section
49 53C-1-202[.];
50 (C) the Office of the Governor;
51 (D) the Governor's Office of Management and Budget created in Section 63J-4-201;
52 (E) the Public Lands Policy Coordinating Office created in Section 63J-4-602;
53 (F) the Office of Energy Development created in Section 63M-4-401; or
54 (G) the Governor's Office of Economic Development created in Section 63N-1-201,
55 including the Office of Tourism and the Utah Office of Outdoor Recreation created in Section
56 63N-9-104.
57 (2) (a) A governmental entity, or a person a governmental entity employs and
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Enrolled Copy H.B. 85
58 designates as a representative, may investigate the possibility of a federal designation within
59 the state.
60 (b) A governmental entity that intends to advocate for a federal designation within the
61 state shall:
62 (i) notify the [Natural Resources, Agriculture, and Environment Interim Committee]
63 chairs of the following committees before the introduction of federal legislation[,]:
64 (A) the Natural Resources, Agriculture, and Environment Interim Committee, if
65 constituted, and the Federalism Commission; or
66 (B) if the notice is given during a General Session, the House and Senate Natural
67 Resources, Agriculture, and Environment Standing Committees; and
68 (ii) [and shall] upon request of the chairs, meet with the [Natural Resources,
69 Agriculture, and Environment Interim Committee] relevant committee to review the proposal
70 [upon request].
71 (3) This section does not apply to a political subdivision supporting a federal
72 designation if the federal designation:
73 (a) applies to 5,000 acres or less; and
74 (b) has an economical or historical benefit to the political subdivision.
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Statutes affected: Introduced: 63L-2-301
Enrolled: 63L-2-301