title-63c•Title 63C — State Commissions and Councils Code
title-63cUtah Code tit. 63CCode1 de jan. de 1900
This title is known as the "State Commissions and Councils Code."
As used in this title:
(1) "Advisory board," "advisory commission," and "advisory council" means a board, commission, or council that:
(a) provides advice and makes recommendations to another person or entity who makes policy for the benefit of the general public;
(b) is created by and whose duties are provided by statute or by executive order; and
(c) performs its duties only under the supervision of another person as provided by statute.
(2) "Review board," "review commission," or "review council" means a board, commission, or council that:
(a) possesses a portion of the sovereign power of the state only to the extent to enable it to approve policy made for the benefit of the general public by another body or person;
(b) is created by and whose duties are provided by statute;
(c) performs its duties according to its own rules without supervision other than under the general control of another person as provided by statute; and
(d) is permanent and continuous and not temporary and occasional.
(3) "Policy board," "policy commission," or "policy council" means a board, commission, or council that:
(a) possesses a portion of the sovereign power of the state to enable it to make policy for the benefit of the general public;
(b) is created by and whose duties are provided by the constitution or by statute;
(c) performs its duties according to its own rules without supervision other than under the general control of another person as provided by statute; and
(d) is permanent and continuous and not temporary and occasional.
This chapter is known as the "Constitutional and Federalism Defense Act."
As used in this chapter:
(1) "Account" means the Constitutional Defense Restricted Account, created in Section 63C-4a-402.
(2) "Center" means the Center for Constitutional Studies at Utah Valley University.
(3) "Commission" means the Federalism Commission, created in Section 63C-4a-302.
(4) "Constitutional defense plan" means a plan that outlines actions and expenditures to fulfill the duties of the commission and the council.
(5) "Council" means the Constitutional Defense Council, created in Section 63C-4a-202.
(6) "Federal governmental entity" means:
(a) the president of the United States;
(b) the United States Congress;
(c) a United States agency; or
(d) an employee or official appointed by the president of the United States.
(7) "Federal issue" means a matter relating to the federal government's dealings with the state.
(8) "Federal law" means:
(a) an executive order by the president of the United States;
(b) a statute passed by the United States Congress;
(c) a regulation adopted by a United States agency; or
(d) a policy statement, order, guidance, or action by:
(i) a United States agency; or
(ii) an employee or official appointed by the president of the United States.
(9) "Institute" means the Gary R. Herbert Institute for Public Policy at Utah Valley University.
(10) "R.S. 2477" means Revised Statute 2477, codified as 43 U.S.C. Section 932.
(11) "R.S. 2477 plan" means a guiding document that:
(a) is developed jointly by the Utah Association of Counties and the state;
(b) is approved by the council; and
(c) presents the broad framework of a proposed working relationship between the state and participating counties collectively for the purpose of asserting, defending, or litigating state and local government rights under R.S. 2477.
(12) "United States agency" means a department, agency, authority, commission, council, board, office, bureau, or other administrative unit of the executive branch of the United States government.
It is the policy of the state to claim and preserve by lawful means the rights of the state and its citizens to determine and affect the disposition and use of federal lands within the state as those rights are granted by the United States Constitution, the Utah Enabling Act, and other applicable law.
This part is known as "Constitutional Defense Council."
(1) There is created the Constitutional Defense Council.
(2)
(a) The council shall consist of the following members:
(i) the governor or the lieutenant governor, who shall serve as chair of the council;
(ii) the president of the Senate or the president of the Senate's designee who shall serve as vice chair of the council;
(iii) the speaker of the House of Representative's or the speaker's designee who shall serve as vice chair of the council;
(iv) another member of the House of Representatives, appointed by the speaker of the House of Representatives;
(v) the minority leader of the Senate or the minority leader of the Senate's designee;
(vi) the minority leader of the House of Representatives or the minority leader's designee;
(vii) the attorney general or the attorney general's designee, who shall be one of the attorney general's appointees, not a current career service employee;
(viii) the director of the School and Institutional Trust Lands Administration;
(ix) four elected county commissioners, county council members, or county executives from different counties who are selected by the Utah Association of Counties, at least one of whom shall be from a county of the first or second class;
(x) the executive director of the Department of Natural Resources, who may not vote;
(xi) the commissioner of the Department of Agriculture and Food, who may not vote;
(xii) the executive director of the Governor's Office of Economic Development, as described in Section 63N-1a-302, who may not vote; and
(xiii) two elected county commissioners, county council members, or county executives from different counties appointed by the Utah Association of Counties, who may not vote.
(b) The council vice chairs shall conduct a council meeting in the absence of the chair.
(c) If both the governor and the lieutenant governor are absent from a meeting of the council, the governor may designate a person to attend the meeting solely for the purpose of casting a vote on any matter on the governor's behalf.
(3) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term in the same manner as the original appointment.
(4)
(a)
(i) Except as provided in Subsection (4)(a)(ii), the council shall meet at least monthly or more frequently as needed.
(ii) The council need not meet monthly if the chair, after polling the members, determines that a majority of the members do not wish to meet.
(b) The governor or any six members of the council may call a meeting of the council.
(c) Before calling a meeting, the governor or council members shall solicit items for the agenda from other members of the council.
(d)
(i) The council shall require that any entity, other than the commission, that receives money from the Constitutional Defense Restricted Account provide financial reports and litigation reports to the council.
(ii) Nothing in this Subsection (4)(d) prohibits the council from closing a meeting under Title 52, Chapter 4, Open and Public Meetings Act, or prohibits the council from complying with Title 63G, Chapter 2, Government Records Access and Management Act.
(e) A majority of the voting membership on the council is required for a quorum to conduct council business. A majority vote of the quorum is required for any action taken by the council.
(5)
(a) The Office of the Attorney General shall advise the council.
(b) The Public Lands Policy Coordinating Office shall provide staff assistance for meetings of the council.
(6)
(a) A member of the council who is not a legislator may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses as allowed in:
(i) Section 63A-3-106;
(ii) Section 63A-3-107; and
(iii) rules made by the Division of Finance according to Sections 63A-3-106 and 63A-3-107.
(b) Compensation and expenses of a member of the council who is a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
(7) Money appropriated for or received by the council may be expended by the governor in consultation with the council.
(1) The Constitutional Defense Council shall assist the governor and the Legislature on the following types of issues:
(a) the constitutionality of federal mandates;
(b) when making recommendations to challenge the federal mandates and regulations described in Subsections (1)(f)(i) through (v), the rationale for and effectiveness of those federal mandates or regulations;
(c) legal and policy issues surrounding state and local government rights under R.S. 2477;
(d) legal issues relating to the rights of the School and Institutional Trust Lands Administration and its beneficiaries;
(e) a disagreement with another state regarding the use or ownership of water; and
(f) the advisability, feasibility, estimated cost, and likelihood of success of challenging:
(i) federal court rulings that:
(A) hinder the management of the state's prison system and place undue financial hardship on the state's taxpayers;
(B) impact a power or a right reserved to the state or its citizens by the United States Constitution, Amendment IX or X; or
(C) expand or grant a power to the United States government beyond the limited, enumerated powers granted by the United States Constitution;
(ii) federal laws or regulations that reduce or negate water rights or the rights of owners of private property, or the rights and interest of state and local governments, including sovereignty interests and the power to provide for the health, safety, and welfare, and promote the prosperity of their inhabitants;
(iii) conflicting federal regulations or policies in land management on federal land;
(iv) federal intervention that would damage the state's mining, timber, or ranching industries;
(v) the authority of the Environmental Protection Agency and Congress to mandate local air quality standards and penalties; and
(vi) other issues that are relevant to this Subsection (1).
(2) The council shall:
(a) provide advice to the governor, state planning coordinator, and the public lands policy coordinator concerning coordination of:
(i) state and local government rights under R.S. 2477; and
(ii) other public lands issues;
(b) approve a plan for R.S. 2477 rights developed in accordance with Section 63C-4a-403;
(c) review, at least quarterly:
(i) financial statements concerning implementation of the plan for R.S. 2477 rights; and
(ii) financial and other reports from the Public Lands Policy Coordinating Office concerning its activities; and
(d) study, formulate, and recommend appropriate legal strategies and arguments to further the policy described in Section 63C-4a-103.
(3) The council chair may require the attorney general or a designee to provide testimony on potential legal actions that would enhance the state's sovereignty or authority on issues affecting Utah and the well-being of its citizens.
(4) The council chair may direct the attorney general to initiate and prosecute any action that the council determines will further its purposes, including an action described in Section 67-5-29.
(5)
(a) Subject to the provisions of this section, the council may select and employ attorneys to implement the purposes and duties of the council.
(b) The council chair may, in consultation with the council, direct any council attorney in any manner considered appropriate by the attorney general to best serve the purposes of the council.
(c) The attorney general shall negotiate a contract for services with any attorney selected and approved for employment under this section.
(6) The council chair may, only with the concurrence of the council, review and approve all claims for payments for:
(a) legal services that are submitted to the council;
(b) an action filed in accordance with Section 67-5-29; and
(c) costs related to a constitutional defense plan approved in accordance with Section 63C-4a-403 that are submitted by:
(i) the Public Lands Policy Coordinating Office;
(ii) the School and Institutional Trust Lands Administration; or
(iii) the Office of the Attorney General.
(7)
(a) The council chair may, with the concurrence of the council, order the attorney general or an attorney employed by the council to cease work that may be charged to the fund.
(b) The attorney general or other attorney subject to the order shall comply with the order no later than five business days after the day on which the order is given.
(8)
(a) At least 20 calendar days before the state submits comments on the draft environmental impact statement or environmental assessment for a proposed land management plan of any federal land management agency, the governor shall make those documents available to:
(i) members of the council; and
(ii) any county executive, county council member, or county commissioner of a county that is covered by the management plan and that has established formal cooperating agency status with the relevant federal land management agency regarding the proposed plan.
(b)
(i) A council member or local government official who receives the documents described in Subsection (8)(a) may make recommendations to the governor or the governor's designee concerning changes to the documents before the documents are submitted to the federal land management agency.
(ii) A council member or local government official shall submit recommendations to the governor or the governor's designee no later than 10 calendar days after the day on which the council member or local government official receives the documents described in Subsection (8)(a).
(c) Documents transmitted or received under this Subsection (8) are drafts and are protected records under Subsection 63G-2-305(22).
(9) The council shall submit a report on December 1 of each year to each legislator by electronic mail that summarizes the council's activities.
(1) The council shall review certain executive orders by the president of the United States that are not affirmed by a vote of the United States Congress and signed into law as prescribed by the Constitution of the United States.
(2) Upon review, the council may recommend to the attorney general and the governor that an executive order be further examined by the attorney general to determine:
(a) the constitutionality of the executive order; and
(b) whether the state should seek to have the executive order declared to be an unconstitutional exercise of legislative authority by the president.
(3) Notwithstanding any other provision of law, no state agency, political subdivision, elected or appointed state official or employee, or official or employee of a political subdivision may implement a presidential executive order that is determined by the attorney general to be unconstitutional under this section if the order relates to:
(a) a pandemic or other public health emergency;
(b) the regulation of natural resources;
(c) the regulation of the agricultural industry;
(d) the regulation of land use;
(e) the regulation of the financial sector through the imposition of environmental, social, or governance standards; or
(f) the regulation of the constitutional right to keep and bear arms.
This part is known as " Federalism Commission."
(1)
(a) There is created the Federalism Commission, comprised of the following 14 voting members:
(i) five members of the Senate appointed by the president of the Senate, comprised of four members from the majority party and one member from the minority party; and
(ii) nine members of the House of Representatives appointed by the Speaker of the House of Representatives, comprised of seven members from the majority party and two members from the minority party.
(b)
(i) Subject to the provisions of this Subsection (1)(b), the Legislative Management Committee may appoint nonvoting members to the commission from a list of individuals recommended by the cochairs of the commission.
(ii) If the Legislative Management Committee chooses to not appoint an individual on the list described in Subsection (1)(b)(i), the Legislative Management Committee may ask the cochairs of the commission to submit an additional list of recommendations.
(iii) The Legislative Management Committee may not appoint an individual who is not recommended by the cochairs of the commission.
(iv) The nonvoting members appointed by the Legislative Management Committee under this Subsection (1)(b) shall be appointed or reappointed for a two-year term.
(v) When a vacancy of a nonvoting member occurs for any reason, the Legislative Management Committee, in consultation with the cochairs of the commission, shall appoint a replacement for the unexpired term.
(2)
(a) A majority of the voting members of the commission constitute a quorum of the commission.
(b) Action by a majority of the members of a quorum constitutes action by the commission.
(3) The commission may meet up to nine times each year, unless additional meetings are approved by the Legislative Management Committee.
(4) The Office of Legislative Research and General Counsel shall provide staff support to the commission.
(5) Compensation and expenses of a member of the commission who is a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
(6) Nothing in this section prohibits the commission from closing a meeting under Title 52, Chapter 4, Open and Public Meetings Act, or prohibits the commission from complying with Title 63G, Chapter 2, Government Records Access and Management Act.
(7) The commission may, in the commission's discretion, elect to succeed to the position of any of the following under a contract that any of the following are party to, subject to applicable contractual provisions:
(a) the Commission on Federalism;
(b) the Commission for the Stewardship of Public Lands; and
(c) the Federal Funds Commission.
(8) The commission may:
(a) open up to two committee bill files per calendar year relating to the commission's statutory duties, including the committee bill file described in Subsection 63L-10-103(6); and
(b) provide assistance to an interim committee regarding a committee bill file opened by the interim committee that relates to the commission's duties.
(1)
(a) In accordance with Section 63C-4a-304, the commission may evaluate a federal law:
(i) as agreed by a majority of the commission;
(ii) submitted to the commission by a council member; or
(iii) reported to the commission in accordance with Subsection (1)(b).
(b)
(i) To assist the commission in the evaluation of federal law as required in this section and Section 63C-4a-304, the commission may contract with a third party that is a Utah institution of higher education to monitor federal law for possible implications on the principles of federalism.
(ii) A third party contracted to monitor federal law as described in Subsection (1)(b)(i) shall:
(A) monitor federal law for possible implications on the principles of federalism and state sovereignty; and
(B) report to the commission any law or action by the federal government that may implicate the principles of federalism or state sovereignty.
(c)
(i) As used in this Subsection (1)(c), "interim committee" means the same as that term is defined in Section 36-12-1.
(ii) The commission shall provide an annual report to each interim committee concerning any law or action by the federal government that implicates the principles of federalism or state sovereignty.
(iii) The commission may notify the appropriate interim committee of any law or action by the federal government that implicates the principles of federalism or state sovereignty.
(2) The commission may request information regarding a federal law under evaluation from a United States senator or representative elected from the state.
(3) If the commission finds that a federal law is not authorized by the United States Constitution or violates the principle of federalism as described in Subsection 63C-4a-304(2), a commission cochair or the commission may:
(a) request from a United States senator or representative elected from the state:
(i) information about the federal law; or
(ii) assistance in communicating with a federal governmental entity regarding the federal law;
(b)
(i) give written notice of an evaluation made under Subsection (1) to the federal governmental entity responsible for adopting or administering the federal law; and
(ii) request a response by a specific date to the evaluation from the federal governmental entity;
(c) request a meeting, conducted in person or by electronic means, with the federal governmental entity, a representative from another state, or a United States senator or representative elected from the state to discuss the evaluation of federal law and any possible remedy; or
(d) give written notice of an evaluation and the conclusions of the commission to any other relevant entity.
(4) The commission may recommend to the governor that the governor call a special session of the Legislature to give the Legislature an opportunity to respond to the commission's evaluation of a federal law.
(5) A commission cochair may coordinate the evaluation of and response to federal law with another state as provided in Section 63C-4a-305.
(6) The commission shall keep a current list on the Legislature's website of:
(a) a federal law that the commission evaluates under Subsection (1);
(b) an action taken by a cochair of the commission or the commission under Subsection (3);
(c) any coordination undertaken with another state under Section 63C-4a-305; and
(d) any response received from a federal government entity that was requested under Subsection (3).
(7)
(a) The commission shall develop curriculum for a seminar on the principles of federalism.
(b) The curriculum under Subsection (7)(a) shall be available to the general public and include:
(i) fundamental principles of federalism;
(ii) the sovereignty, supremacy, and jurisdiction of the individual states, including their police powers;
(iii) the history and practical implementation of the Tenth Amendment to the United States Constitution;
(iv) the authority and limits on the authority of the federal government as found in the United States Constitution;
(v) the relationship between the state and federal governments;
(vi) methods of evaluating a federal law in the context of the principles of federalism;
(vii) how and when challenges should be made to a federal law or regulation on the basis of federalism;
(viii) the separate and independent powers of the state that serve as a check on the federal government;
(ix) first amendment rights and freedoms contained therein; and
(x) any other issues relating to federalism the commission considers necessary.
(8) The commission may apply for and receive grants, and receive private donations to assist in funding the creation, enhancement, and dissemination of the curriculum.
(9) The commission shall submit a report on or before November 30 of each year to the Government Operations Interim Committee and the Natural Resources, Agriculture, and Environment Interim Committee that:
(a) describes any action taken by the commission under Section 63C-4a-304; and
(b) includes any proposed legislation the commission recommends.
(10) The commission shall comply with Section 19-1-110 in discussions with the Department of Environmental Quality on issues related to the environment or the functioning of the Department of Environmental Quality.
(11) The commission shall:
(a) coordinate with and make recommendations to the center concerning the center's federalism-related duties under Section 53H-4-703, including:
(i) the development of the federalism education and training program under Subsection 53H-4-703(1); and
(ii) the scope and objectives of:
(A) the annual federalism conference organized under Subsection 53H-4-703(2);
(B) the study conducted under Subsection 53H-4-703(3); and
(C) the center's coordination efforts under Subsection 53H-4-703(4);
(b) coordinate with and make recommendations to the institute regarding the institute's federalism-related duties under Section 53H-4-704; and
(c) report annually to the Legislative Management Committee regarding:
(i) the center's progress in fulfilling the requirements of Section 53H-4-703;
(ii) the institute's progress in fulfilling the requirements of Section 53H-4-704; and
(iii) federal guidance letters received by state agencies and reported to the commission in accordance with Section 63G-16-302.
(12) Each executive branch agency shall, at the request of the commission, designate a contact person to coordinate with the commission regarding the federalism education and training program developed under Section 53H-4-703 for the purposes of:
(a) determining the extent of federal jurisdiction in the agency's resource sphere;
(b) determining whether federal action exceeds the federal government's jurisdictional authority;
(c) assessing what actions the agency may take if federal action exceeds the federal government's jurisdictional authority; and
(d) assessing how actions described in Subsection (12)(c) may better enable the agency to use the agency's best judgment in serving the people of Utah.
(13)
(a) The attorney general, on behalf of the state, shall provide for the registration and protection of trademarks that include:
(i) the National Federalism Commission; and
(ii) the National Federalism Initiative.
(b) The commission may authorize the use and license of a trademark under Subsection (13)(a), or transfer ownership of a trademark under Subsection (13)(a), to:
(i) the center;
(ii) the institute;
(iii) Utah Valley University; or
(iv) an organization described in Subsection 53H-4-703(3).
(14) Upon receipt of the budget stress test results described in Subsection 36-12-13(3)(b), the commission shall review the results and make any related legislative recommendations to the Executive Appropriations Committee.
(1) The commission shall evaluate whether a federal law evaluated under Section 63C-4a-303 is authorized by:
(a) United States Constitution, Article I, Section 2, to provide for the decennial census;
(b) United States Constitution, Article I, Section 4, to override state laws regulating the times, places, and manner of congressional elections, other than the place of senatorial elections;
(c) United States Constitution, Article I, Section 7, to veto bills, orders, and resolutions by Congress;
(d) United States Constitution, Article I, Section 8, to:
(i) lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States, but all duties, imposts, and excises shall be uniform throughout the United States;
(ii) borrow money on the credit of the United States;
(iii) regulate commerce with foreign nations, among the several states, and with the Indian tribes;
(iv) establish a uniform rule of naturalization and uniform laws on the subject of bankruptcies throughout the United States;
(v) coin money, regulate the value of coin money and of foreign coin, and fix the standard of weights and measures;
(vi) provide for the punishment of counterfeiting the securities and current coin of the United States;
(vii) establish post offices and post roads;
(viii) promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
(ix) constitute tribunals inferior to the supreme court;
(x) define and punish piracies and felonies committed on the high seas and offences against the law of nations;
(xi) declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
(xii) raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
(xiii) provide and maintain a navy;
(xiv) make rules for the government and regulation of the land and naval forces;
(xv) provide for calling forth the militia to execute the laws of the union, suppress insurrections, and repel invasions;
(xvi) provide for organizing, arming, and disciplining the militia, and for governing the part of the militia that may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers and the authority of training the militia according to the discipline prescribed by Congress;
(xvii) exercise exclusive legislation in all cases whatsoever, over such district, which may not exceed 10 miles square, as may, by cession of particular states and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the place shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings; or
(xviii) make all laws which shall be necessary and proper for carrying into execution the powers listed in this section, and all other powers vested by the United States Constitution in the government of the United States, or in any department or officer of the United States;
(e) United States Constitution, Article I, Section 9, to authorize a federal officer to receive benefits from a foreign nation;
(f) United States Constitution, Article I, Section 10, to fix the pay of members of Congress and of federal officers;
(g) United States Constitution, Article II, Section 1, to:
(i) set the time for choosing electors; or
(ii) establish who succeeded to the presidency after the vice president;
(h) United States Constitution, Article II, Section 2, to:
(i) serve as Commander-in-Chief of the armed forces;
(ii) require the written opinions of executive officers;
(iii) grant reprieves and pardons;
(iv) make vacancy appointments;
(v) make treaties, subject to the advice and consent of the United States Senate;
(vi) appoint foreign affairs officers subject to the advice and consent of the United States Senate;
(vii) appoint domestic affairs officers subject either to the advice and consent of the United States Senate or pursuant to law;
(viii) appoint judges subject to the advice and consent of the United States Senate; or
(ix) authorize the president to fill designated inferior offices without senatorial consent;
(i) United States Constitution, Article II, Section 3, to:
(i) receive representatives of foreign powers;
(ii) execute the laws;
(iii) commission United States officers;
(iv) give Congress information;
(v) make recommendations to Congress;
(vi) convene Congress on extraordinary occasions; or
(vii) adjourn Congress if it cannot agree on a time;
(j) United States Constitution, Article III, Section 1, to:
(i) create exceptions to the supreme court's appellate jurisdiction;
(ii) fix the jurisdiction of federal courts inferior to the supreme court; or
(iii) declare the punishment for treason;
(k) United States Constitution, Article IV, Section 1, to establish the rules by which the records and judgments of states are proved in other states;
(l) United States Constitution, Article IV, Section 3, to:
(i) manage federal property;
(ii) dispose of federal property;
(iii) govern the federal territories; or
(iv) consent to admission of new states or the combination of existing states;
(m) United States Constitution, Article IV, Section 4, to defend states from invasion, insurrection, and non-republican forms of government;
(n) United States Constitution, Article V, Section 1, to propose constitutional amendments;
(o) United States Constitution, Article VI, Section 1, to prescribe the oath for federal officers;
(p) United States Constitution, Amendment XIII, to abolish slavery;
(q) United States Constitution, Amendment XIV, to guard people from certain state abuses;
(r) United States Constitution, Amendment XVI, to impose taxes on income from any source without having to apportion the total dollar amount of tax collected from each state according to each state's population in relation to the total national population;
(s) United States Constitution, Amendment XX, to revise the manner of presidential succession;
(t) United States Constitution, Amendment XV, XIX, XXIII, or XXIV, to extend and protect the right to vote; or
(u) United States Constitution, Amendment XVII, to grant a pay raise to a sitting Congress.
(2) The commission shall evaluate whether a federal law evaluated under Section 63C-4a-303 violates the principle of federalism by:
(a) affecting the distribution of power and responsibility among the state and national government;
(b) limiting the policymaking discretion of the state;
(c) impacting a power or a right reserved to the state or its citizens by the United States Constitution, Amendment IX or X; or
(d) impacting the sovereignty rights and interest of the state or a political subdivision to provide for the health, safety, and welfare and promote the prosperity of the state's or political subdivision's inhabitants.
(3) In the evaluation of a federal law, the commission:
(a) shall rely on:
(i) the text of the United States Constitution, as amended;
(ii) the meaning of the text of the United States Constitution, as amended, at the time of its drafting and ratification; and
(iii) a primary source document that is:
(A) directly relevant to the drafting, adoption, ratification, or initial implementation of the United States Constitution, as amended; or
(B) created by a person directly involved in the drafting, adoption, ratification, or initial implementation of the United States Constitution, as amended;
(b) may rely on other relevant sources, including federal court decisions; and
(c) is not bound by a holding by a federal court.
(4)
(a) If the commission determines that a federal law is not authorized as described in this section or otherwise violates the principles of federalism, the commission may recommend appropriate action, including:
(i) no action;
(ii) correspondence with relevant federal agencies or leaders;
(iii) initiating or coordinating public education efforts;
(iv) initiating or joining multi-state coordination;
(v) outreach and coordination with state and local government officers and agencies;
(vi) outreach or coordination with the state's congressional delegation and Congress as a whole;
(vii) lobbying the state's congressional delegation and Congress as a whole;
(viii) legal challenges of the federal action;
(ix) enacting state laws to assert, defend, and preserve the constitutional allocation and balance of governing powers between the federal government and the state; or
(x) other actions within the constitutional powers of the state.
(b)
(i) The Legislative Management Committee shall include on the standing agenda for the Legislative Management Committee a report from the commission as described in Subsection (4)(b)(ii).
(ii) The commission:
(A) shall provide to the Legislative Management Committee a report with respect to federal laws that the commission determines are not authorized as described in this section or otherwise violate the principles of federalism; and
(B) with approval of the Legislative Management Committee, may take appropriate action.
(iii) If the Legislative Management Committee is not meeting within a reasonable time, the commission may:
(A) provide a report to the speaker of the House of Representatives and the president of the Senate with respect to federal laws that the commission determines are not authorized as described in this section or otherwise violate the principles of federalism; and
(B) with approval from the speaker of the House of Representatives and the president of the Senate, take appropriate action.
A commission cochair may correspond with the presiding officer of the legislative branch of another state or an entity of another state that has powers and duties that are similar to the commission to discuss and coordinate the evaluation of and response to federal law as provided in Section 63C-4a-303.
(1) This section applies to:
(a) all political subdivisions of the state;
(b) all agencies of the state;
(c) the Attorney General's office; and
(d) the Office of Legislative Research and General Counsel.
(2) An employing entity listed in Subsection (1) shall appoint at least one designee to which all questions and inquiries regarding federalism shall be directed. The designee shall be required to attend a seminar on the principles of federalism developed pursuant to Subsection 63C-4a-303(7) at least once in every two-year period.
(3) The designee may complete the requirements of this section by attending a seminar in person or online.
The commission shall:
(1) review and make recommendations on the transfer of federally controlled public lands to the state;
(2) review and make recommendations regarding the state's sovereign right to protect the health, safety, and welfare of its citizens as it relates to public lands, including recommendations concerning the use of funds in the account created in Section 63C-4a-404;
(3) study and evaluate the recommendations of the public lands transfer study and economic analysis conducted by the Public Lands Policy Coordinating Office in accordance with Section 63L-11-304;
(4) coordinate with and report on the efforts of the executive branch, the counties and political subdivisions of the state, the state congressional delegation, western governors, other states, and other stakeholders concerning the transfer of federally controlled public lands to the state including convening working groups, such as a working group composed of members of the Utah Association of Counties;
(5) study and make recommendations regarding the appropriate designation of public lands transferred to the state, including stewardship of the land and appropriate uses of the land;
(6) study and make recommendations regarding the use of funds received by the state from the public lands transferred to the state; and
(7) receive reports from and make recommendations to the attorney general, the Legislature, and other stakeholders involved in litigation on behalf of the state's interest in the transfer of public lands to the state, regarding:
(a) preparation for potential litigation;
(b) selection of outside legal counsel;
(c) ongoing legal strategy for the transfer of public lands; and
(d) use of money appropriated by the Legislature for the purpose of securing the transfer of public lands to the state under Section 63C-4a-404.
(1) There is created a restricted account within the General Fund known as the Constitutional Defense Restricted Account.
(2) The account consists of money from the following revenue sources:
(a) money deposited to the account as required by Section 53C-3-203;
(b) voluntary contributions;
(c) money received by the council from other state agencies; and
(d) appropriations made by the Legislature.
(3) The Legislature may annually appropriate money from the Constitutional Defense Restricted Account to one or more of the following:
(a) the commission, to fund the commission and for the commission's duties;
(b) the council, to fund the council and for the council's duties;
(c) the Public Lands Policy Coordinating Office to carry out its duties in Section 63L-11-202;
(d) the Office of the Governor, to be used only for the purpose of asserting, defending, or litigating:
(i) an issue arising with another state regarding the use or ownership of water; or
(ii) state and local government rights under R.S. 2477, in accordance with a plan developed and approved as provided in Section 63C-4a-403;
(e) a county or association of counties to assist counties, consistent with the purposes of the council, in pursuing issues affecting the counties;
(f) the Office of the Attorney General, to be used only:
(i) for public lands counsel and assistance and litigation to the state or local governments including asserting, defending, or litigating state and local government rights under R.S. 2477 in accordance with a plan developed and approved as provided in Section 63C-4a-403;
(ii) for an action filed in accordance with Section 67-5-29;
(iii) to advise the council; or
(iv) for asserting, defending, or litigating an issue arising with another state regarding the use or ownership of water;
(g) the Office of the Attorney General or any other state or local government entity to bring an action to establish the right of a state or local government officer or employee to enter onto federal land or use a federal road or an R.S. 2477 road, in the officer's or employee's official capacity, to protect the health, safety, or welfare of a citizen of the state; or
(h) the Office of Legislative Research and General Counsel, to provide staff support to the commission.
(4)
(a) The council shall require that any entity, other than the commission, that receives money from the account provide financial reports and litigation reports to the council.
(b) Nothing in this Subsection (4) prohibits the commission or the council from closing a meeting under Title 52, Chapter 4, Open and Public Meetings Act, or prohibits the commission or the council from complying with Title 63G, Chapter 2, Government Records Access and Management Act.
(1)
(a) Any road on or across federally managed property and that is found on a county's class B and class D road map or a county travel plan is presumed to be a public road open for public use unless the road has been closed through an appropriate action of the state or federal government properly adjudicated and with due process.
(b) If the federal government attempts to close a road on a county's class B and class D road map or county travel plan without proper adjudication and due process:
(i) the closure is invalid and has no effect; and
(ii) the state and county may disregard the alleged closure.
(c) In an adjudication to determine ownership of a disputed road that is included in a county travel plan, including an R.S. 2477 claim, the federal government has the burden of proof to show that the disputed road is not a public road and warrants closure.
(2) The council may approve an R.S. 2477 plan if the R.S. 2477 plan:
(a) provides for a good faith, cooperative effort between the state and each participating county;
(b) allows a county to formally agree to participate in the R.S. 2477 plan by adopting a resolution;
(c) provides that the state and a participating county are equal partners in determining litigation strategy and the expenditure of resources with respect to that county's rights under R.S. 2477; and
(d) provides a process for resolving any disagreement between the state and a participating county about litigation strategy or resource expenditure that includes the following requirements:
(i) the governor or the governor's designee and a representative of the Utah Association of Counties shall first attempt to resolve the disagreement;
(ii) if the county and the state continue to disagree, the county, the governor, and the Utah Association of Counties shall present their recommendations to the council for a final decision about the strategy or expenditure in question; and
(iii) the county may pursue a strategy or make an expenditure contrary to the final decision of the council only if the county does not claim resources provided to fund the R.S. 2477 plan.
(3) The council shall ensure that the R.S. 2477 plan contains:
(a) provisions identifying which expenditure types require approval of the R.S. 2477 plan committee and which expenditure types may be made without the R.S. 2477 plan committee approval;
(b) provisions requiring that financial statements be provided to members of the R.S. 2477 plan committee and members of the council, and the frequency with which those financial statements must be provided;
(c) provisions identifying those decisions or types of decisions that may be made by the R.S. 2477 plan committee and those decisions or types of decisions that must be referred to the council for decision; and
(d) procedures to assert claims and respond to attempted closures as described in Subsection (1).
(4) The council shall:
(a) review expenditures, at least annually, made to further a plan approved under this section;
(b) approve an update to a plan under this section at least annually, or more often, if necessary; and
(c) ensure that the Public Lands Policy Coordinating Office:
(i) presents a R.S. 2477 plan approved under this section, with any updates, to the Natural Resources, Agriculture, and Environment Interim Committee on or before July 1 of each calendar year; and
(ii) provides a hard copy or electronic copy of the R.S. 2477 plan approved under this section, with any updates to the plan, to:
(A) the commission; and
(B) the president of the Senate and the speaker of the House of Representatives.
(1) There is created a restricted account within the General Fund known as the Federal Overreach Restricted Account.
(2) The account created in Subsection (1) consists of money from the following revenue sources:
(a) voluntary contributions; and
(b) appropriations made by the Legislature.
(3) The Legislature may annually appropriate money from the account for the purposes of:
(a) asserting, defending, or litigating state and local government rights to the disposition and use of federal lands within the state as those rights are granted by the United States Constitution, the Utah Enabling Act, and other applicable law; or
(b) educating the general public in matters relating to federalism or state sovereignty.
(4) Any entity that receives money from the account shall, before disbursing the money to another person for the purposes described in Subsection (3), or before spending the money appropriated, report to the Executive Appropriations Committee regarding:
(a) the amount of the disbursement;
(b) who will receive the disbursement; and
(c) the planned use for the disbursement.
(1) As used in this part:
(a) "Chevron deference" means deference given to a federal agency's interpretation of a federal statute by a court because the court determined that:
(i) the federal statute is ambiguous; and
(ii) the federal agency's interpretation is based on a reasonable interpretation of the statute.
(b) "Federal agency" means an agency, bureau, board, commission, council, department, office, or other instrumentality of the executive branch of the United States government.
(c) "Federal regulation" means a regulation adopted by a federal agency and published in the Code of Federal Regulations or the Federal Register.
(d) "State agency" means:
(i) the Department of Environmental Quality;
(ii) the Department of Agriculture and Food; and
(iii) the Department of Natural Resources.
(2) On or before January 1, 2025, each state agency shall:
(a) identify any federal regulation impacting that state agency for which:
(i) a federal agency issued the federal regulation to implement a federal statute; and
(ii) the federal agency received Chevron deference in the agency's interpretation of the federal statute; and
(b) report any federal regulation identified under Subsection (2)(a) to the Office of the Attorney General.
(3) The attorney general may file suit on behalf of the state challenging any federal regulation impacted by Chevron deference if:
(a) before July 1, 2025, the United States Supreme Court:
(i) holds that a court may not give Chevron deference to a federal agency's interpretation of a federal statute; or
(ii) limits the deference that a court may give a federal agency's interpretation of a federal statute; and
(b) the attorney general determines that the state can successfully challenge the federal regulation.
(4) On or before July 1, 2025, the attorney general shall report to the Federalism Commission regarding any suit that the attorney general files, or intends to file, on behalf of the state under Subsection (3).
As used in this chapter:
(1) "Committee" means the Behavioral Health Crisis Response Committee created in Section 63C-18-202.
(2) "Local mental health crisis line" means the same as that term is defined in Section 26B-5-610.
(3) "Statewide mental health crisis line" means the same as that term is defined in Section 26B-5-610.
(4) "Statewide warm line" means the same as that term is defined in Section 26B-5-610.
(1) As used in this section, "department" means the Department of Health and Human Services created in Section 26B-1-201.
(2) Under the Utah Behavioral Health Commission created in Section 26B-5-702, there is created the Behavioral Health Crisis Response Committee.
(3) The department, in consultation with the Utah Behavioral Health Commission, shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish the membership of the committee.
(4)
(a) The committee shall annually select one of the committee's members to serve as chair and two of the committee's members to serve as vice chairs.
(b) The chair of the committee shall set the agenda for each committee meeting.
(5)
(a) A majority of the members of the committee constitutes a quorum.
(b) The action of a majority of a quorum constitutes the action of the committee.
(6) A member may not receive compensation, benefits, per diem, or travel expenses for the member's service on the committee.
(7) The Office of Substance Use and Mental Health shall provide staff support to the committee.
(1) The committee shall study and make recommendations regarding:
(a) operating the statewide 988 hotline:
(i) in accordance with federal law;
(ii) to ensure the efficient and effective routing of calls to an appropriate crisis center; and
(iii) to directly respond to calls with trained personnel and the provision of acute mental health, crisis outreach, and stabilization services;
(b) opportunities to increase operational and technological efficiencies and effectiveness between 988 and 911, utilizing current technology;
(c) needs for interoperability partnerships and policies related to 911 call transfers and public safety responses;
(d) standards for statewide mobile crisis outreach teams, including:
(i) current models and projected needs;
(ii) quality and timeliness of service;
(iii) hospital and jail diversions; and
(iv) staffing and certification;
(e) resource centers, including:
(i) current models and projected needs; and
(ii) quality and timeliness of service;
(f) policy considerations related to whether the state should:
(i) manage, operate, and pay for a complete behavioral health system; or
(ii) create partnerships with private industry; and
(g) sustainable funding source alternatives, including:
(i) charging a 988 fee, including a recommendation on the fee amount;
(ii) General Fund appropriations;
(iii) other government funding options;
(iv) private funding sources;
(v) grants;
(vi) insurance partnerships, including coverage for support and treatment after initial call and triage; and
(vii) other funding resources.
(2) The committee shall monitor the effectiveness, quality, volume, and efficiency of the statewide 988 crisis line.
(3) The committee shall monitor crisis services throughout the state and make recommendations for strategies for the expansion and continuous improvement of quality standards for crisis services.
(4) The committee may conduct other business related to the committee's duties described in this section.
(5) The committee shall consult with the Office of Substance Use and Mental Health and make recommendations to the Utah Behavioral Health Commission regarding:
(a) the standards and operation of the statewide mental health crisis line and the statewide warm line, in accordance with Section 26B-5-610; and
(b) the incorporation of the statewide mental health crisis line and the statewide warm line into behavioral health systems throughout the state.
This chapter is known as "Utah Population Committee."
As used in this chapter:
(1) "Adjusted sub-county population estimate" means:
(a) a municipality's or an unincorporated area's population estimate from the United States Bureau of the Census; multiplied by
(b) the corresponding Utah Population Committee county raking factor.
(2) "Committee" means the Utah Population Committee created by this chapter.
(3) "Utah Population Committee county raking factor" means:
(a) a county's population estimate from the Committee; divided by
(b) the county's population estimate from the United States Bureau of the Census.
(1) There is created the Utah Population Committee composed of the following members:
(a) the director of the Kem C. Gardner Policy Institute at the University of Utah or the director's designee;
(b) the director of the Population Research Laboratory at Utah State University or the director's designee;
(c) the state planning coordinator appointed under Section 63J-4-401;
(d) the director of the Workforce Research and Analysis Division within the Department of Workforce Services or the director's designee;
(e) the director of the Office of Vital Records and Statistics or the director's designee;
(f) the state superintendent of public instruction or the superintendent's designee;
(g) the chair of the State Tax Commission or the chair's designee;
(h) the legislative fiscal analyst or the legislative fiscal analyst's designee;
(i) the commissioner of higher education or the commissioner's designee; and
(j) any additional member appointed under Subsection (2).
(2)
(a) By a majority vote of the members of the committee, the committee may appoint one or more additional members to serve on the committee at the pleasure of the committee.
(b) The committee shall ensure that each additional member appointed under Subsection (2)(a) is a data provider or a representative of a data provider.
(3) The director of the Kem C. Gardner Policy Institute or the director's designee described in Subsection (1)(a) is the chair of the committee.
The committee shall:
(1) prepare annual population estimates for the total population of the state and each county in the state;
(2) review and comment on the methodologies and population estimates for all geographic levels for the state that the United States Bureau of the Census produces;
(3) prepare place estimates for new political subdivision annexations and incorporations in the state;
(4) prepare additional demographic estimates for the state that may include estimates related to race, ethnicity, age, sex, religious affiliation, or economic status;
(5) publish the estimates described in Subsections (1), (3), and (4) on the committee's website; and
(6) no later than 90 days after the day on which the United States Bureau of the Census releases annual population estimates, provide to the State Tax Commission and Department of Transportation the adjusted sub-county population estimate for each municipality and unincorporated area within the state.
(1) Except as provided in Subsection (2), and unless otherwise provided in statute or rule, if an executive branch entity, legislative branch entity, or independent entity is required to perform an action or make a determination based on a population estimate, the entity shall use a population estimate that the committee produces, if available.
(2)
(a) The Governor's Office of Planning and Budget may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to use a population estimate other than a population estimate that the committee produces.
(b) For the purpose of creating a revenue estimate, the Governor's Office of Planning and Budget and the Office of the Legislative Fiscal Analyst are not required to use a population estimate that the committee produces.
(c) For redistricting purposes, a legislative branch entity shall give priority to a population estimate that is produced by the United States Bureau of the Census.
(3) A newly incorporated political subdivision shall provide the committee with a list of residential building permits issued within the boundaries of the political subdivision since the last decennial census.
(4)
(a) Subject to any confidentiality restrictions imposed under federal law, the committee may request information from a governmental entity, as that term is defined in Section 63G-2-103, that is necessary to the performance of the committee's duties under this chapter.
(b) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, a governmental entity shall comply with a request under Subsection (4)(a) if the governmental entity has or can reasonably obtain the information that the committee requests.
(c) Before a governmental entity provides information requested under this Subsection (4), the governmental entity and the committee may enter into an agreement that addresses:
(i) the timing and format of the requested information;
(ii) the sharing of a record otherwise classified as private, controlled, or protected under Title 63G, Chapter 2, Government Records Access and Management Act; or
(iii) any other restriction or limitation related to the requested information.
This chapter is known as the "Outdoor Adventure Commission."
As used in this chapter:
(1) "Commission" means the Outdoor Adventure Commission created in Section 63C-21-201.
(2) "Strategic plan" means the strategic plan developed in Section 63C-21-202.
(1) There is created the Outdoor Adventure Commission consisting of the following 15 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;
(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) two representatives of the Utah Association of Counties appointed by the Utah Association of Counties;
(j) two representatives of the Utah League of Cities and Towns appointed by the Utah League of Cities and Towns;
(k) a representative of conservation interests appointed jointly by the president of the Senate and the speaker of the House of Representatives;
(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.
(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 (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 (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 (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 (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.
(8) The Division of Outdoor Recreation, created in Section 79-7-201, shall provide staff support to the commission.
(1)
(a) The commission shall gather information on recreation assets from state and local agencies and other sources and develop a strategic plan aimed at meeting the future needs of outdoor recreation within the state to enhance the quality of life of Utah residents. Asset lists received from state and local agencies shall include:
(i) common data points, to be established by the Division of Outdoor Recreation that can be uniformly compared with other recreation assets within the state, such as asset type, size, unique characteristics, vegetation, land ownership, and similar items;
(ii) any specific needs, challenges, or limitations on recreation use of the assets; and
(iii) a ranking of potential enhancements to the assets related to recreation use.
(b) The strategic plan shall address:
(i) outdoor recreation as a major contributor to residents' quality of life;
(ii) the needs and impacts of residents who engage in outdoor recreation;
(iii) the impact on local communities related to outdoor recreation, including the costs associated with emergency services and infrastructure;
(iv) outdoor recreation as a means to retain and attract an exceptional workforce to provide for a sustainable economy;
(v) impacts to the environment, wildlife, and natural resources and measures to preserve the natural beauty of the state as more people engage in outdoor recreation;
(vi) identify opportunities for sustainable revenue sources to provide for maintenance and future needs;
(vii) the interface with public lands that are federally managed and private lands; and
(viii) other items determined by the commission.
(2) The commission shall:
(a) engage one or more consultants to:
(i) manage the strategic planning process in accordance with Subsection (3); and
(ii) conduct analytical work in accordance with Subsection (3);
(b) guide the analytical work of a consultant described in Subsection (2)(a) and review the results of the work;
(c) coordinate with a consultant described in Subsection (2)(a) to engage in a process and create a strategic plan;
(d) conduct regional meetings to gather stakeholder input during the strategic planning process;
(e) seek input from federal entities including the United States Department of the Interior, the United States Department of Agriculture, and Utah's congressional delegation; and
(f) produce a final report including a strategic plan and any recommendations.
(3) The commission, by contract with a consultant engaged under Subsection (2)(a), shall direct the consultant to:
(a) conduct an inventory of existing outdoor recreation resources, programs, and information;
(b) conduct an analysis of what is needed to develop and implement an effective outdoor recreation strategy aimed at enhancing the quality of life of Utah residents;
(c) collect and analyze data related to the future projected conditions of the outdoor recreation resources, programs, and information, including the affordability and financing of outdoor recreation;
(d) develop alternatives to the projection described in Subsection (3)(c) by modeling potential changes to the outdoor recreation industry and economic growth;
(e) in coordination with the commission, engage in extensive local stakeholder involvement to better understand the needs of, concerns of, and opportunities for different communities and outdoor recreation user types;
(f) recommend accountability or performance measures to assess the effectiveness of the outdoor recreation system;
(g) based on the data described in this Subsection (3), make comparisons between outdoor recreation in Utah and outdoor recreation in other states or countries;
(h) in coordination with the commission, conduct the regional meetings described in Subsection (2)(d) to share information and seek input from a range of stakeholders;
(i) recommend changes to the governance system for outdoor recreation that would facilitate implementation of the strategic plan;
(j) engage in any other data collection or analysis requested by the commission; and
(k) produce for the commission:
(i) a draft report of findings, observations, and strategic priorities, including:
(A) a statewide vision and strategy for outdoor recreation;
(B) a strategy for how to meaningfully engage stakeholders throughout the state;
(C) funding needs related to outdoor recreation; and
(D) recommendations for the steps the state should take to implement a statewide vision and strategy for outdoor recreation; and
(ii) a final report, incorporating feedback from the commission on the draft report described in Subsection (3)(k)(i), regarding the future of the outdoor recreation in the state.
The commission may facilitate or encourage public-private partnerships to provide for outdoor recreation resources, programs, or information.
As used in this chapter:
(1) "Authority" means the same as that term is defined in Section 63B-1-303.
(2) "Bond" means the same as that term is defined in Section 63B-1-101.
(3)
(a) "Bonding government entity" means the state or any entity that is authorized to issue bonds under any provision of state law.
(b) "Bonding government entity" includes:
(i) a bonding political subdivision; and
(ii) a public infrastructure district that is authorized to issue bonds either directly, or through the authority of a bonding political subdivision or other governmental entity.
(4) "Bonding political subdivision" means:
(a) the Utah Inland Port Authority, created in Section 11-58-201;
(b) the Military Installation Development Authority, created in Section 63H-1-201;
(c) the Point of the Mountain State Land Authority, created in Section 11-59-201;
(d) the Utah Lake Authority, created in Section 11-65-201;
(e) the State Fair Park Authority, created in Section 11-68-201; or
(f) the Utah Fairpark Area Investment and Restoration District, created in Section 11-70-201.
(5) "Commission" means the State Finance Review Commission created in Section 63C-25-201.
(6) "Concessionaire" means a person who:
(a) operates, finances, maintains, or constructs a government facility under a contract with a bonding political subdivision; and
(b) is not a bonding government entity.
(7) "Concessionaire contract" means a contract:
(a) between a bonding government entity and a concessionaire for the operation, finance, maintenance, or construction of a government facility;
(b) that authorizes the concessionaire to operate the government facility for a term of five years or longer, including any extension of the contract; and
(c) in which all or some of the annual source of payment to the concessionaire comes from state funds provided to the bonding government entity.
(8) "Creating entity" means the same as that term is defined in Section 17D-4-102.
(9) "Government facility" means infrastructure, improvements, or a building that:
(a) costs more than $5,000,000 to construct; and
(b) has a useful life greater than five years.
(10) "Large public transit district" means the same as that term is defined in Section 17B-2a-802.
(11) "Loan entity" means the board, person, unit, or agency with legal responsibility for making a loan from a revolving loan fund.
(12) "Obligation" means the same as that term is defined in Section 63B-1-303.
(13) "Parameters resolution" means a resolution of a bonding government entity that sets forth for proposed bonds:
(a) the maximum:
(i) amount of bonds;
(ii) term; and
(iii) interest rate; and
(b) the expected security for the bonds.
(14) "Public infrastructure district" means a public infrastructure district created under Title 17D, Chapter 4, Public Infrastructure District Act.
(15) "Revolving loan fund" means:
(a) the Water Resources Conservation and Development Fund, created in Section 73-10-24;
(b) the Water Resources Construction Fund, created in Section 73-10-8;
(c) the Clean Fuel Conversion Funds, created in Title 19, Chapter 1, Part 4, Clean Fuels and Emission Reduction Technology Program Act;
(d) the Water Development Security Fund and the Water Development Security Fund's subaccounts, created in Section 73-10c-5;
(e) the Agriculture Resource Development Fund, created in Section 4-18-106;
(f) the Utah Rural Rehabilitation Fund, created in Section 4-19-105;
(g) the Permanent Community Impact Fund, created in Section 63N-24-503;
(h) the Petroleum Storage Tank Fund, created in Section 19-6-409;
(i) the School Building Revolving Account, created in Section 53F-9-206;
(j) the State Infrastructure Bank Fund, created in Section 72-2-202;
(k) the Uintah Basin Revitalization Fund, created in Section 63N-24-602;
(l) the Navajo Revitalization Fund, created in Section 63N-24-703;
(m) the Energy Efficiency Fund, created in Section 11-45-201;
(n) the Brownfields Fund, created in Section 19-8-120;
(o) any of the enterprise revolving loan funds created in Section 63A-3-402;
(p) the Energy Development Infrastructure Fund, created in Section 79-6-412; and
(q) any other revolving loan fund created in statute where the borrower from the revolving loan fund is a public non-profit entity or political subdivision, including a fund listed in Section 63A-3-205, from which a loan entity is authorized to make a loan.
(16)
(a) "State funds" means an appropriation by the Legislature identified as coming from the General Fund or Education Fund.
(b) "State funds" does not include:
(i) a revolving loan fund; or
(ii) revenues received by a bonding political subdivision from:
(A) a tax levied by the bonding political subdivision;
(B) a fee assessed by the bonding political subdivision; or
(C) operation of the bonding political subdivision's government facility.
(1) There is created the State Finance Review Commission.
(2) The commission shall:
(a) as described in this part, approve, review, make recommendations, and monitor borrowing and lending practices and activities; and
(b) exercise the powers and perform other duties prescribed for the commission by statute.
(3) The commission shall consist of:
(a) seven voting members as follows:
(i) the state treasurer;
(ii) the state auditor or the auditor's designee;
(iii) the attorney general or the attorney general's designee;
(iv) the director of the Division of Finance or the director's designee;
(v) the director of the Governor's Office of Planning and Budget or the director's designee; and
(vi) two individuals with a background in debt management, finance, or other similar expertise who are:
(A) after consultation with the state treasurer, appointed by the governor; and
(B) confirmed by the Senate; and
(b) the state's financial advisor described in Section 67-4-16, who is a nonvoting member.
(4)
(a) Each position described in Subsection (3)(a)(vi) is for a term of four years.
(b) When a position described in Subsection (3)(a)(vi) is vacant for any reason, the governor shall appoint the replacement, with confirmation of the Senate, for the remainder of the unexpired term.
(5) The state treasurer shall serve as chair of the commission.
(6) A majority of the commission members constitute a quorum and may act on behalf of the commission.
(7) The commission shall meet as necessary to effectively conduct the commission's business and duties as prescribed by statute.
(8)
(a) A commission member may not receive compensation or benefits for the commission member's service.
(b) A commission member may receive per diem and travel expenses in accordance with:
(i) Section 63A-3-106;
(ii) Section 63A-3-107; and
(iii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107.
(9) The state treasurer's office shall provide staff support to facilitate the function of the commission and record commission action and recommendations.
(10) The commission shall comply with the provisions of Title 52, Chapter 4, Open and Public Meetings Act.
(1) The commission shall annually review a report provided in accordance with Section 63B-1-305 or 63B-1a-102.
(2)
(a) A loan entity other than a loan entity described in Subsection (2)(b) shall no later than January 1 of each year submit information on each revolving loan fund from which the loan entity made a loan in the previous fiscal year, including information identifying new and ongoing loan recipients, the terms of each loan, loan repayment, and any other information regarding a revolving loan fund requested by the commission.
(b) If a loan entity is:
(i) the Utah Inland Port Authority, the loan entity shall submit the information in accordance with Section 11-58-106 and any other information regarding a revolving loan fund requested by the commission;
(ii) the Point of the Mountain State Land Authority, the loan entity shall submit the information in accordance with Section 11-59-104 and any other information regarding a revolving loan fund requested by the commission;
(iii) the Utah Fairpark Area Investment and Restoration District, the loan entity shall submit the information in accordance with Section 11-70-104 and any other information regarding a revolving loan fund requested by the commission; or
(iv) the Military Installation Development Authority, the loan entity shall submit the information in accordance with Section 63H-1-104 and any other information regarding a revolving loan fund requested by the commission.
(c) The commission may annually review and provide feedback for the following:
(i) each loan entity for compliance with state law authorizing and regulating the revolving loan fund, including, as applicable, Title 11, Chapter 14, Local Government Bonding Act;
(ii) each loan entity's revolving loan fund policies and practices, including policies and practices for approving and setting the terms of a loan; and
(iii) each borrower of funds from a revolving loan fund for accurate and timely reporting by the borrower to the appropriate debt repository.
(3)
(a) The commission shall review and may approve a bond before a large public transit district may issue a bond.
(b) The commission may not approve issuance of a bond described in Subsection (3)(a) unless the execution and terms of the bond comply with state law.
(c) If, after review, the commission approves a bond described in Subsection (3)(a), the large public transit district:
(i) may not change before issuing the bond the terms of the bond that were reviewed by the commission if the change is outside the approved parameters and intended purposes; and
(ii) is under no obligation to issue the bond.
(d) A member of the commission who approves a bond under Subsection (3)(a) or reviews a parameters resolution under Subsection (4)(a) is not liable personally on the bond.
(e) The approval of a bond under Subsection (3)(a) or review under Subsection (4)(a) of a parameters resolution by the commission:
(i) is not an obligation of the state; and
(ii) is not an act that:
(A) lends the state's credit; or
(B) constitutes indebtedness within the meaning of any constitutional or statutory debt limitation.
(4)
(a) The commission shall review and, at the commission's discretion, may make recommendations regarding a parameters resolution before:
(i) a bonding political subdivision may issue a bond; or
(ii) a public infrastructure district may issue a bond, if the creating entity of the public infrastructure district is a bonding political subdivision.
(b) The commission shall conduct the review under Subsection (4)(a) and forward any recommendations to the bonding political subdivision or public infrastructure district no later than 45 days after the day on which the commission receives the bonding political subdivision's or public infrastructure district's parameters resolution.
(c) Notwithstanding Subsection (4)(a), if the commission fails to review a parameters resolution or forward recommendations, if any, in the timeframe described in Subsection (4)(b), the bonding political subdivision or public infrastructure district, respectively, may proceed with the bond without review by the commission.
(d) After review by the commission under Subsection (4)(a), the bonding political subdivision or public infrastructure district:
(i) shall consider recommendations by the commission; and
(ii) may proceed with the bond but is under no obligation to issue the bond.
(5) The commission shall provide training and other information on debt management, lending and borrowing best practices, and compliance with state law to the authority, a bonding political subdivision, a large public transit district, and a loan entity.
(6)
(a) Before a bonding government entity may enter into a concessionaire contract, the commission shall review and approve the concessionaire contract.
(b) If, after review, the commission approves the concessionaire contract, the bonding government entity:
(i) may not change the terms of the concessionaire contract if the change is outside of:
(A) any applicable approved parameters of the concessionaire contract; or
(B) the intended purposes of the concessionaire contract; and
(ii) is under no obligation to enter into the concessionaire contract.
(1) No later than November 1 each year, the state treasurer, with assistance from the Governor's Office of Planning and Budget and the Office of the Legislative Fiscal Analyst, shall prepare and submit a debt affordability report to the commission and the Revenue and Taxation Interim Committee.
(2) The debt affordability report shall include:
(a) as determined by the state treasurer, the amount of tax-supported debt that, during the next fiscal year and annually for the following nine fiscal years:
(i) will be outstanding; and
(ii) has been authorized but is not yet issued;
(b) a projected schedule of affordable, state tax-supported debt authorizations for the next fiscal year;
(c) projected debt-service requirements during the next fiscal year and annually for the following nine fiscal years based upon:
(i) existing outstanding debt;
(ii) previously authorized but unissued debt; and
(iii) projected bond authorizations;
(d) the criteria that recognized bond rating agencies use to judge the quality of issues of bonds issued by the state; and
(e) any other information that is relevant to:
(i) the state's ability to meet its projected debt service requirements;
(ii) the ability of the state to support additional debt service;
(iii) the interest rate to be borne by, the credit rating on, or any other factor affecting the marketability of state bonds; and
(iv) the effect of authorizing new tax-supported debt on each of the considerations described in this Subsection (2).
As used in this chapter:
(1) "Commission" means the Cybersecurity Commission created in this chapter.
(2) "Critical infrastructure" includes the following sectors the United States Department of Homeland Security identifies as critical:
(a) chemical;
(b) commercial facilities;
(c) communications;
(d) critical manufacturing;
(e) dams;
(f) defense industrial base;
(g) emergency services;
(h) energy;
(i) financial services;
(j) food and agriculture;
(k) government facilities;
(l) healthcare and public health;
(m) information technology;
(n) nuclear reactors, nuclear materials, and nuclear waste;
(o) transportation systems; and
(p) water and wastewater systems.
(1) There is created the Cybersecurity Commission.
(2) The commission shall be composed of the following members:
(a) one member the governor designates to serve as the governor's designee;
(b) the commissioner of the Department of Public Safety;
(c) the lieutenant governor, or an election officer, as that term is defined in Section 20A-1-102, the lieutenant governor designates to serve as the lieutenant governor's designee;
(d) the chief information officer of the Division of Technology Services;
(e) the chief information security officer, as described in Section 63A-16-210;
(f) the chairman of the Public Service Commission shall designate a representative with professional experience in information technology or cybersecurity;
(g) the executive director of the Department of Transportation shall designate a representative with professional experience in information technology or cybersecurity;
(h) the director of the Division of Finance shall designate a representative with professional experience in information technology or cybersecurity;
(i) the executive director of the Department of Health and Human Services shall designate a representative with professional experience in information technology or cybersecurity;
(j) the director of the Division of Indian Affairs shall designate a representative with professional experience in information technology or cybersecurity;
(k) the Utah League of Cities and Towns shall designate a representative with professional experience in information technology or cybersecurity;
(l) the Utah Association of Counties shall designate a representative with professional experience in information technology or cybersecurity;
(m) the attorney general, or the attorney general's designee;
(n) the commissioner of financial institutions, or the commissioner's designee;
(o) the executive director of the Department of Environmental Quality shall designate a representative with professional experience in information technology or cybersecurity;
(p) the executive director of the Department of Natural Resources shall designate a representative with professional experience in information technology or cybersecurity;
(q) two local education agency employees tasked with job duties that include systems and security management from one charter school and one school district whom the state superintendent selects;
(r) the highest ranking information technology official, or the official's designee, from each of:
(i) the Judicial Council;
(ii) the Utah Board of Higher Education;
(iii) the State Board of Education;
(iv) the Utah Education and Telehealth Network; and
(v) the State Tax Commission;
(s) the governor shall appoint:
(i) one representative from the Utah National Guard; and
(ii) one representative from the Governor's Office of Economic Development;
(t) the president of the Senate shall appoint one member of the Senate; and
(u) the speaker of the House of Representatives shall appoint one member of the House of Representatives.
(3)
(a) The governor's designee shall serve as cochair of the commission.
(b) The commissioner of the Department of Public Safety shall serve as cochair of the commission.
(4)
(a) The members described in Subsection (2) shall represent urban, rural, and suburban population areas.
(b) No fewer than half of the members described in Subsection (2) shall have professional experience in cybersecurity or in information technology.
(5) In addition to the membership described in Subsection (2), the commission shall seek information and advice from state and private entities with expertise in critical infrastructure.
(6) As necessary to improve information and protect potential vulnerabilities, the commission shall seek information and advice from federal entities including:
(a) the Cybersecurity and Infrastructure Security Agency;
(b) the Federal Energy Regulatory Commission;
(c) the Federal Bureau of Investigation; and
(d) the United States Department of Transportation.
(7)
(a) Except as provided in Subsections (7)(b) and (c), a member is appointed for a term of four years.
(b) A member shall serve until the member's successor is appointed and qualified.
(c) Notwithstanding the requirements of Subsection (7)(a), the governor 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 Subsection (2)(s) are appointed every two years.
(8)
(a) If a vacancy occurs in the membership of the commission, the member shall be replaced in the same manner in which the original appointment was made.
(b) An individual may be appointed to more than one term.
(c) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(9)
(a) A majority of the members of the commission is a quorum.
(b) The action of a majority of a quorum constitutes an action of the commission.
(10) The commission shall meet at least two times a year.
The commission shall:
(1) identify and inform the governor of:
(a) cyber threats and vulnerabilities towards Utah's critical infrastructure;
(b) cybersecurity assets and resources; and
(c) an analysis of:
(i) current cyber incident response capabilities;
(ii) potential cyber threats; and
(iii) areas of significant concern with respect to:
(A) vulnerability to cyber attack; or
(B) seriousness of consequences in the event of a cyber attack;
(2) provide resources with respect to cyber attacks in both the public and private sector, including:
(a) best practices;
(b) education; and
(c) mitigation;
(3) promote cyber security awareness;
(4) share information;
(5) promote best practices to prevent and mitigate cyber attacks;
(6) enhance cyber capabilities and response for all Utahns;
(7) provide consistent outreach and collaboration with private and public sector organizations;
(8) share cyber threat intelligence to operators and overseers of Utah's critical infrastructure; and
(9) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules establishing minimum cybersecurity standards for a local education agency, as that term is defined in Section 53G-3-402, that:
(a) align with industry recognized cybersecurity frameworks and standards, including frameworks developed by the National Institute of Standards and Technology, the Center for Internet Security, or a successor organization;
(b) take into account varying local education agency resources, capacity, and needs;
(c) establish phased implementation timelines based on local education agency size, existing cybersecurity infrastructure, and available resources; and
(d) as appropriate based on the local education agency's size, risk profile, and available resources, shall address:
(i) identity and access management;
(ii) asset management and inventory of hardware, software, and data systems;
(iii) data protection;
(iv) security monitoring and logging capabilities;
(v) vulnerability management, including regular security assessments and patching procedures;
(vi) incident response and recovery planning;
(vii) security awareness training requirements for staff and administrators;
(viii) third-party risk management for vendors with access to local education agency systems or data;
(ix) network security controls;
(x) backup and disaster recovery procedures; and
(xi) governance structures for cybersecurity oversight within a local education agency.
(1) A member who is not a legislator may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses incurred as a member of the commission at the rates established by the Division of Finance under:
(a) Sections 63A-3-106 and 63A-3-107; and
(b) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107.
(2) Compensation and expenses of a member who is a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
The Department of Public Safety shall provide staff and support to the commission.
On or before November 30, the commission shall report to the Public Utilities, Energy, and Technology Interim Committee:
(1) an assessment of cyber threats to Utah;
(2) recommendations for legislation that would reduce the state's vulnerability to attack; and
(3) recommendations for best practices for state government with respect to cybersecurity.
The commission may, in accordance with Section 52-4-204, close to the public a meeting to discuss an item described in Subsections 63C-27-202(1) and (8).
As used in this chapter:
(1) "Board" means the County Recorder Standards Board created in Section 63C-30-201.
(2) "Department" means the Department of Commerce created in Section 13-1-2.
(1) There is created the County Recorder Standards Board.
(2) The board shall be composed of nine members as follows:
(a) one representative of the Utah Property Rights Coalition, appointed by the Utah Property Rights Coalition;
(b) one representative of the Utah Association of Counties, appointed by the Utah Association of Counties;
(c) one representative of the Utah Council of Land Surveyors, appointed by the Utah Council of Land Surveyors;
(d) one representative of the Utah Land Title Association, appointed by the Utah Land Title Association;
(e) one representative from the oil, gas, or mining industry, appointed jointly by the Utah Petroleum Association, the Utah Mining Association, and the Utah Association of Professional Landmen;
(f) one county recorder from a county of the first or second class, appointed by the Utah Association of County Recorders;
(g) one county recorder from a county of the third, fourth, fifth, or sixth class, appointed by the Utah Association of County Recorders;
(h) one attorney who is a member of the Utah State Bar, appointed by the Utah Association of County Recorders; and
(i) one attorney who is a member of the Utah State Bar, appointed by the Utah Association of Realtors.
(3)
(a) If a vacancy occurs in the membership of the board, the member shall be replaced in the same manner in which the original appointment was made.
(b) A member shall serve a term of four years and until the member's successor is appointed and qualified.
(c) Notwithstanding Subsection (3)(b), at the time of appointment or reappointment, the department shall adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board members are appointed every two years.
(d) A board member may be appointed to more than one term.
(4) The board shall annually select a chair from among the board's members.
(5)
(a) Five board members constitutes a quorum.
(b) The action of a majority of a quorum constitutes an action of the board.
(6) A board member may not receive compensation or benefits for the member's service on the board, but may receive per diem and reimbursement for travel expenses incurred as a board member at the rates established by the Division of Finance under:
(a) Sections 63A-3-106 and 63A-3-107; and
(b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(7) The department shall provide staff support to the board.
(1) The board shall:
(a) subject to Subsection (2), make rules that establish statewide standards for county recorders as the board deems necessary to reduce or eliminate inconsistencies, including rules for:
(i) the protection of recorded documents and records in a county recorder's custody, including appropriate methods for obtaining copies of a public record under Section 17-71-405, and the supervision of individuals who search and make copies of the public record;
(ii) the electronic submission of plats, records, and other documents to a county recorder's office;
(iii) the protection of privacy interests in the case of documents and records in a county recorder's custody; and
(iv) the formatting, recording, and redaction of documents and records in a county recorder's custody; and
(b) promote uniformity throughout the state with respect to the services provided by a county recorder.
(2)
(a) The rules under Subsection (1)(a) shall:
(i) be made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(ii) be consistent with applicable state law, including:
(A) Title 17, Chapter 71, County Recorder;
(B) Title 46, Chapter 4, Uniform Electronic Transactions Act; and
(C) Title 57, Real Estate.
(b) The rules under Subsection (1)(a) may not require a county recorder to expend any additional funds.
(3) On or before October 1 of each year, the board shall submit a written report to the Political Subdivisions Interim Committee and the Business and Labor Interim Committee that includes:
(a) information regarding the operations and activities of the board; and
(b) any recommendations for legislation related to the services provided by county recorders, including recommendations for modification of the fees established in Section 17-71-407.
As used in this chapter:
(1) "Annual compensation plan" means the annual compensation plan described in Section 63A-17-307.
(2) "Benefits advisory commission" means the State Employee Benefit Advisory Commission created in Section 63C-31-102.
(3) "Total compensation" means the same as that term is defined in Section 63A-17-102.
(1) There is created the State Employee Benefits Advisory 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 director of the Division of Human Resource Management, created in Section 63A-17-105, or the director's designee;
(d) the executive director of the Governor's Office of Planning and Budget, created in Section 63J-4-201, or the executive director's designee;
(e) the following four individuals who are not employed by the state or another public entity and are appointed jointly by the president of the Senate and speaker of the House of Representatives:
(i) an individual who has experience in health insurance benefits in the private sector;
(ii) an individual who has experience in business and employee benefits in the private sector; and
(iii) a representative of an organization that represents the interests of state employees; and
(f) a representative of the Public Employees' Benefit and Insurance Program, created in Section 49-20-103, appointed by the executive director of the Utah State Retirement Office.
(2)
(a) The member of the Senate appointed under Subsection (1)(a) is a cochair of the benefits advisory commission.
(b) The member of the House of Representatives appointed under Subsection (1)(b) is a cochair of the benefits advisory commission.
(3)
(a) Each position described in Subsection (1)(e) is for a term of four years.
(b) A vacancy in a position appointed under Subsection (1)(a), (b), (e), or (f) shall be filled by appointing a replacement member in the same manner as the member creating the vacancy was appointed under Subsection (1)(a), (b), (e), or (f), respectively.
(c) If a position described in Subsection (1)(e) is vacant, the president of the Senate and speaker of the House of Representatives shall jointly appoint the replacement member for the remainder of the unexpired term.
(4)
(a) A majority of members constitute a quorum.
(b) The action of a majority of a quorum constitutes the action of the benefits advisory commission.
(5) The benefits advisory commission shall meet as necessary to effectively conduct the commission's business and duties as prescribed by statute, but not less than twice a year.
(6) The Division of Human Resource Management shall provide staff support to facilitate the function of the benefits advisory commission and record the benefits advisory commission's action and recommendations.
(7)
(a) The salary and expenses of a benefits advisory commission 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) A benefits advisory commission member who is not a legislator may not receive compensation or benefits for the member's service on the benefits advisory commission, but may receive per diem and reimbursement for travel expenses incurred as a benefits advisory 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 under Sections 63A-3-106 and 63A-3-107.
(8) The benefits advisory commission shall comply with the provisions of Title 52, Chapter 4, Open and Public Meetings Act.
(1) The benefits advisory commission shall:
(a) review the annual compensation plan;
(b) review proposed legislation submitted to the benefits advisory commission that amends the health care, leave, or salary benefits for state employees while considering total compensation; and
(c) provide recommendations, if any, for the annual compensation plan or legislation described in Subsection (1)(b) that would make total compensation competitive with private sector employees.
(2)
(a) No later than November 1 of each year, the benefits advisory commission shall submit a written report on the benefits advisory commission's activities and recommendations, if any, for the annual compensation plan and legislation described in Subsection (1)(b) to the Executive Appropriations Committee and the Retirement and Independent Entities Interim Committee.
(b) The report submitted under Subsection (2)(a) shall comply with Section 68-3-14.
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