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H.B. 410
1
RESTRICTED ACCOUNTS AMENDMENTS
2
2008 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Ron Bigelow
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Senate Sponsor:
Lyle W. Hillyard
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LONG TITLE
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General Description:
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This bill amends the interest provisions of certain restricted accounts.
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Highlighted Provisions:
11
This bill:
12
. requires interest earnings in certain restricted accounts to be deposited into the
13
General Fund rather than into the restricted account.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill takes effect on July 1, 2008.
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Utah Code Sections Affected:
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AMENDS:
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23-14-14.2, as enacted by Laws of Utah 2007, Chapter 189
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41-22-19.5, as enacted by Laws of Utah 2007, Chapter 299
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53-2-403, as enacted by Laws of Utah 2007, Chapter 328
23
53-7-404 (Effective 07/01/08), as enacted by Laws of Utah 2007, Chapter 362
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53C-3-203, as enacted by Laws of Utah 2007, Chapter 303
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61-2-28, as enacted by Laws of Utah 2007, Chapter 325
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63-38f-2303, as enacted by Laws of Utah 2007, Chapter 327
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63-63a-10, as enacted by Laws of Utah 2007, Chapter 330
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63-97a-201, as enacted by Laws of Utah 2007, Chapter 384
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63-97a-202, as enacted by Laws of Utah 2007, Chapter 384
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67-5-25, as enacted by Laws of Utah 2007, Chapter 392
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
23-14-14.2
is amended to read:
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23-14-14.2. Wildlife Resources Conservation Easement Restricted Account.
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(1) There is created within the General Fund a restricted account known as the Wildlife
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Resources Conservation Easement Account.
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(2) The Wildlife Resources Conservation Easement Account consists of:
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(a) grants from private foundations;
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(b) grants from local governments, the state, or the federal government;
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(c) grants from the Quality Growth Commission created under Section
11-38-201
;
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(d) donations from landowners for monitoring and managing conservation easements;
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and
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(e) donations from any other person[; and].
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[(f) interest on account monies.]
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(3) (a) The state treasurer shall invest monies in the account according to Title 51,
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Chapter 7, State Money Management Act.
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(b) The Division of Finance shall deposit interest or other earnings derived from
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investment of account monies into the General Fund.
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[(3)] (4) Upon appropriation by the Legislature, the Division of Wildlife Resources
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shall use monies from the account to monitor and manage conservation easements held by the
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division.
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[(4)] (5) The division may not receive or expend donations from the account to acquire
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conservation easements.
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Section 2.
Section
41-22-19.5
is amended to read:
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41-22-19.5. Off-highway Access and Education Restricted Account -- Creation --
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Funding -- Distribution of funds by the Board of Parks and Recreation.
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(1) There is created in the General Fund a restricted account known as the Off-highway
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Access and Education Restricted Account.
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(2) The account shall be funded by:
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(a) contributions deposited into the Off-highway Access and Education Restricted
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Account in accordance with Section
41-1a-230.6
;
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(b) private contributions; and
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(c) donations or grants from public or private entities[; or].
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[(d) interest and earnings on fund monies.]
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(3) Funds in the account are nonlapsing.
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(4) The Legislature shall appropriate money in the account to the board.
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(5) (a) The state treasurer shall invest monies in the account according to Title 51,
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Chapter 7, State Money Management Act.
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(b) The Division of Finance shall deposit interest or other earnings derived from
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investment of account monies into the General Fund.
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[(5)] (6) The board may expend up to 10% of the monies appropriated under
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Subsection (4) to:
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(a) administer account distributions in accordance with Subsections [(6)] (7) through
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[(9)] (10); and
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(b) administer off-highway vehicle provisions under this chapter.
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[(6)] (7) The board shall distribute the funds to a charitable organization that:
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(a) qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue
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Code;
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(b) has at least one full-time employee; and
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(c) has as a primary part of its mission to:
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(i) protect access to public lands by motor vehicle and off-highway vehicle operators;
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and
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(ii) educate the public about appropriate off-highway vehicle use.
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[(7)] (8) The board may only consider proposals that are:
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(a) proposed by a charitable organization under Subsection [(6)] (7); and
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(b) designed to:
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(i) protect access to public lands by motor vehicle and off-highway vehicle operators;
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and
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(ii) educate the public about appropriate off-highway vehicle use.
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[(8)] (9) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
91
Act, the board shall make rules providing procedures for an organization to apply to receive
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funds under this section.
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[(9)] (10) The board may not:
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(a) require matching funds from a charitable organization as a condition of receiving
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funds; or
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(b) prohibit the use of funds to cover litigation expenses incurred in protecting access
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to public lands by motor vehicle and off-highway vehicle operators.
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Section 3.
Section
53-2-403
is amended to read:
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53-2-403. State Disaster Recovery Restricted Account.
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(1) (a) There is created a restricted account in the General Fund known as the "State
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Disaster Recovery Restricted Account."
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(b) The disaster recovery fund shall consist of:
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(i) monies deposited into the disaster recovery fund in accordance with Section
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53-2-102.5
;
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(ii) monies deposited into the disaster recovery fund in accordance with Section
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63-38-2.7
;
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(iii) monies appropriated to the disaster recovery fund by the Legislature; and
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(iv) any other public or private monies received by the division that are:
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(A) given to the division for purposes consistent with this section; and
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(B) deposited into the disaster recovery fund at the request of:
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(I) the division; or
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(II) the person giving the monies[; and].
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[(v) interest or other earnings derived from the disaster recovery fund.]
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(c) The Division of Finance shall deposit interest or other earnings derived from
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investment of fund monies into the General Fund.
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[(c)] (d) Monies in the disaster recovery fund may only be used as follows:
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(i) without the monies being appropriated by the Legislature, in any fiscal year the
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division may use $100,000 to fund, in accordance with Section
53-2-404
, costs to the state of
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emergency disaster services in response to a declared disaster; and
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(ii) subject to being appropriated by the Legislature, monies not described in
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Subsection (1)[(c)](d)(i) may be used to fund costs to the state directly related to a declared
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disaster that are not costs related to:
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(A) emergency disaster services;
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(B) emergency preparedness; or
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(C) notwithstanding whether or not a county participates in the Wildland Fire
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Suppression Fund created in Section [
65A-8-6.1
]
65A-8-204
, any fire suppression or
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presuppression costs that may be paid for from the Wildland Fire Suppression Fund if the
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county participates in the Wildland Fire Suppression Fund.
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(2) The state treasurer shall invest monies in the disaster recovery fund according to
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Title 51, Chapter 7, State Money Management Act[, except that the state treasurer shall deposit
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all interest or other earnings derived from the disaster recovery fund into the disaster recovery
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fund].
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(3) (a) Except as provided in Subsection (1), the monies in the disaster recovery fund
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may not be diverted, appropriated, or used for a purpose that is not listed in this section.
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(b) Notwithstanding Section
63-38-3.6
, the Legislature may not appropriate monies
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from the disaster recovery fund to eliminate or otherwise reduce an operating deficit if the
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monies appropriated from the disaster recovery fund are used for a purpose other than one
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listed in this section.
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(c) The Legislature may not amend the purposes for which monies in the disaster
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recovery fund may be used except by the affirmative vote of two-thirds of all the members
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elected to each house.
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Section 4.
Section
53-7-404 (Effective 07/01/08)
is amended to read:
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53-7-404 (Effective 07/01/08). Certification and product change.
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(1) Each manufacturer shall submit to the state fire marshal a written certification
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attesting that:
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(a) each cigarette listed in the certification has been tested in accordance with Section
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53-7-403
; and
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(b) each cigarette listed in the certification meets the performance standard set forth in
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Subsection
53-7-403
(2)(c).
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(2) Each cigarette listed in the certification shall be described with the following
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information:
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(a) brand, or trade name on the package;
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(b) style, such as light or ultra light;
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(c) length in millimeters;
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(d) circumference in millimeters;
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(e) flavor, such as menthol or chocolate, if applicable;
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(f) filter or nonfilter;
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(g) package description, such as soft pack or box;
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(h) marking approved in accordance with Section
53-7-405
;
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(i) the name, address, and telephone number of the laboratory, if different than the
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manufacturer that conducted the test; and
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(j) the date that the testing occurred.
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(3) The certifications shall be made available to the attorney general for purposes
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consistent with this part and the State Tax Commission for the purposes of ensuring
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compliance with this section.
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(4) Each cigarette certified under this section shall be recertified every three years.
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(5) For each cigarette listed in a certification, a manufacturer shall pay to the state fire
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marshal a $250 fee. The state fire marshal is authorized to annually adjust this fee to ensure it
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defrays the actual costs of the processing, testing, enforcement, and oversight activities
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required by this part.
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(6) (a) Beginning July 1, 2008, there is created a restricted account within the General
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Fund called the "Reduced Cigarette Ignition Propensity and Firefighter Protection Act
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Enforcement Account."
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(b) The account created in Subsection (6)(a) shall consist of[: (i)] all certification fees
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submitted by manufacturers[; and (ii) interest on account monies].
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(c) (i) The state treasurer shall invest monies in the account according to Title 51,
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Chapter 7, State Money Management Act.
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(ii) The Division of Finance shall deposit interest or other earnings derived from
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investment of account monies into the General Fund.
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(d) Upon appropriations from the Legislature, monies from the account created in
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Subsection (6)(a) shall be used by the state fire marshal solely to support processing, testing,
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enforcement, and oversight activities under this part.
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(7) (a) If a manufacturer has certified a cigarette pursuant to this section, and thereafter
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makes any change to the certified cigarette that is likely to alter its compliance with the reduced
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cigarette ignition propensity standards required by this part, that cigarette shall not be sold or
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offered for sale in this state until the manufacturer:
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(i) retests the cigarette in accordance with the testing standards set forth in Section
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53-7-403
; and
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(ii) maintains records of that retesting as required by Section
53-7-403
.
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(b) Any altered cigarette which does not meet the performance standard set forth in
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Section
53-7-403
may not be sold in this state.
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Section 5.
Section
53C-3-203
is amended to read:
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53C-3-203. Land Exchange Distribution Account.
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(1) As used in this section, "account" means the Land Exchange Distribution Account
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created in Subsection (2)(a).
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(2) (a) There is created within the General Fund a restricted account known as the Land
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Exchange Distribution Account.
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(b) The account shall consist of all revenue deposited in the account as required by
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Subsections
53C-3-202
(2)(a)(ii) and (2)(b)(ii).
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(3) (a) The state treasurer shall invest monies in the account according to Title 51,
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Chapter 7, State Money Management Act.
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(b) The Division of Finance shall deposit interest or other earnings derived from
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investment of account monies into the General Fund.
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[(3)] (4) For fiscal years beginning on or after fiscal year 2007-08, because the revenue
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is not derived from taxes, the Legislature shall annually appropriate from the account:
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(a) 55% of all deposits made to the account to counties in amounts proportionate to the
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amounts of mineral revenue generated from the acquired land, exchanged land, acquired
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mineral interests, or exchanged mineral interests located in each county, to be used to mitigate
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the impacts caused by mineral development;
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(b) 25% of all deposits made to the account to counties in amounts proportionate to the
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total surface and mineral acreage within each county that was conveyed to the United States
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under the agreement or an exchange, to be used to mitigate the loss of mineral development
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opportunities resulting from the agreement or exchange;
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(c) 1.68% of all deposits made to the account to the State Board of Education, to be
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used for education research and experimentation in the use of staff and facilities designed to
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improve the quality of education in Utah;
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(d) 1.66% of all deposits made to the account to the Geological Survey, to be used for
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natural resources development in the state;
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(e) 1.66% of all deposits made to the account to the Water Research Laboratory at Utah
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State University, to be used for water development in the state; and
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(f) 7.5% of all deposits made to the account to the Constitutional Defense Restricted
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Account created in Section
63C-4-103
.
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[(4)] (5) For fiscal years 2007-08 and 2008-09, the Legislature shall annually
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appropriate from the account 7.5% of all deposits made to the account to the Geological
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Survey, to be used for test wells and other hydrologic studies in the West Desert.
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[(5)] (6) For fiscal years beginning on or after fiscal year 2009-10, the Legislature shall
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annually appropriate from the account 7.5% of all deposits made to the account to the
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Permanent Community Impact Fund created in Section
9-4-303
, to be used for grants to
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political subdivisions of the state to mitigate the impacts resulting from the development or use
230
of school and institutional trust lands.
231
Section 6.
Section
61-2-28
is amended to read:
232
61-2-28. Utah Housing Opportunity Restricted Account.
233
(1) There is created in the General Fund a restricted account known as the "Utah
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Housing Opportunity Restricted Account."
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(2) The account shall be funded by:
236
(a) contributions deposited into the Utah Housing Opportunity Restricted Account in
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accordance with Section
41-1a-422
;
238
(b) private contributions; and
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(c) donations or grants from public or private entities[; and].
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[(d) interest and earnings on fund monies.]
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(3) Funds in the account are nonlapsing.
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(4) (a) The state treasurer shall invest monies in the account according to Title 51,
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Chapter 7, State Money Management Act.
244
(b) The Division of Finance shall deposit interest or other earnings derived from
245
investment of account monies into the General Fund.
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[(4)] (5) The Legislature shall appropriate money in the account to the division.
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[(5)] (6) The division shall distribute the funds to one or more charitable organizations
248
that:
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(a) qualify as being tax exempt under Section 501(c)(3), Internal Revenue Code; and
250
(b) have as a primary part of their mission to provide support to organizations that
251
create affordable housing for those in severe need.
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[(6)] (7) The division may only consider proposals that are:
253
(a) proposed by an organization under Subsection [(5)] (6); and
254
(b) designed to provide support to organizations that create affordable housing for
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those in severe need.
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[(7)] (8) (a) An organization described in Subsection [(5)] (6) may apply to the division
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to receive a distribution in accordance with Subsection [(5)] (6).
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(b) An organization that receives a distribution from the division in accordance with
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Subsection [(5)] (6) shall expend the distribution only to provide support to organizations that
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create affordable housing for those in severe need.
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[(8)] (9) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
262
Act, the division shall make rules providing procedures for an organization to apply to receive
263
funds under this section.
264
Section 7.
Section
63-38f-2303
is amended to read:
265
63-38f-2303. Rural Broadband Service Fund created -- Interest -- Costs --
266
Deposits to the General Fund.
267
(1) There is created within the General Fund a restricted account known as the Rural
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Broadband Service Fund.
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(2) The fund shall be funded by[: (a)] monies appropriated to the fund by the
270
Legislature[; and (b) the interest described in Subsection (3)].
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[(3) (a) The fund shall earn interest.]
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[(b) The interest described in Subsection (3)(a) shall be deposited into the fund.]
273
(3) (a) The state treasurer shall invest monies in the account according to Title 51,
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Chapter 7, State Money Management Act.
275
(b) The Division of Finance shall deposit interest or other earnings derived from
276
investment of account monies into the General Fund.
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(4) Upon appropriation by the Legislature, the monies [and interest] deposited into the
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fund in accordance with this section may be expended:
279
(a) by the director with the advice of the board to award grants to providers as provided
280
in this part; and
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(b) to cover the costs of administering this part in an amount during any fiscal year not
282
to exceed 2% of the fund balance at the start of any fiscal year.
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(5) (a) Except as provided in Subsection (5)(b), the monies [and interest] deposited into
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the fund in accordance with this section [shall be] are nonlapsing.
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(b) Notwithstanding Subsection (5)(a), the Division of Finance shall deposit any
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monies [and interest] in the fund into the General Fund on July 1, 2010.
287
Section 8.
Section
63-63a-10
is amended to read:
288
63-63a-10. Law Enforcement Operations Account -- Share of surcharge -- Uses.
289
(1) As used in this section:
290
(a) "Account" means the Law Enforcement Operations Account.
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(b) "Commission" means the Commission on Criminal and Juvenile Justice created in
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Section
63-25a-101
.
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(c) "Law enforcement agency" means a state or local law enforcement agency.
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(d) "Other appropriate agency" means a state or local government agency, or a nonprofit
295
organization, that works to prevent illegal drug activity and enforce laws regarding illegal drug
296
activity and related criminal activity by:
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(i) programs, including education, prevention, treatment, and research programs; and
298
(ii) enforcement of laws regarding illegal drugs.
299
(2) There is created a restricted account within the General Fund known as the Law
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Enforcement Operations Account.
301
(3) (a) The Division of Finance shall allocate the balance of the collected surcharge
302
under Section
63-63a-1
that is not allocated under Title 63, Chapter 63a, Crime Victim
303
Reparation Trust, Public Safety Support Funds, Substance Abuse Prevention Account, and
304
Services for Victims of Domestic Violence Account, to the account, to be appropriated by the
305
Legislature.
306
(b) Money in the account shall be appropriated to the commission for implementing
307
law enforcement operations and programs related to reducing illegal drug activity and related
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criminal activity as listed in Subsection (5).
309
(c) The state treasurer shall invest monies in the account according to Title 51, Chapter
310
7, State Money Management Act.
311
(d) The Division of Finance shall deposit interest or other earnings derived from
312
investment of account monies into the General Fund.
313
(4) (a) The commission shall allocate grants of funds from the account for the purposes
314
under Subsection (5) to state, local, or multijurisdictional law enforcement agencies and other
315
appropriate agencies.
316
(b) The grants shall be made by an application process established by the commission
317
in accordance with Subsection (6).
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(5) (a) The first priority of the commission is to annually allocate not more than
319
$2,500,000, depending upon funding available from other sources, to directly fund the
320
operational costs of state and local law enforcement agencies' drug or crime task forces,
321
including multijurisdictional task forces.
322
(b) The second priority of the commission is to allocate grants for specified law
323
enforcement agency functions and other agency functions as the commission finds appropriate
324
to more effectively reduce illegal drug activity and related criminal activity, including
325
providing education, prevention, treatment, and research programs.
326
(6) (a) In allocating grants and determining the amount of the grants, the commission
327
shall consider:
328
(i) the demonstrated ability of the agency to appropriately use the grant to implement
329
the proposed functions and how this function or task force will add to the law enforcement
330
agency's current efforts to reduce illegal drug activity and related criminal activity; and
331
(ii) the agency's cooperation with other state and local agencies and task forces.
332
(b) Agencies qualify for a grant only if they demonstrate compliance with all reporting
333
and policy requirements applicable under this section and under Title 63, Chapter 25a,
334
Criminal Justice and Substance Abuse, in order to qualify as a potential grant recipient.
335
(7) Recipient agencies may only use grant monies after approval or appropriation by
336
the agency's governing body, and a determination that the grant monies are nonlapsing.
337
(8) A recipient law enforcement agency may use funds granted under this section only
338
for the purposes stated by the commission in the grant.
339
(9) For each fiscal year, any law enforcement agency that receives a grant from the
340
commission under this section shall prepare, and file with the commission and the state auditor,
341
a report in a form specified by the commission. The report shall include the following
342
regarding each grant:
343
(a) the agency's name;
344
(b) the amount of the grant;
345
(c) the date of the grant;
346
(d) how the grant has been used; and
347
(e) a statement signed by both the agency's or political subdivision's executive officer
348
or designee and by the agency's legal counsel, that all grant funds were used for law
349
enforcement operations and programs approved by the commission and that relate to reducing
350
illegal drug activity and related criminal activity, as specified in the grant.
351
(10) The commission shall report in writing to the legislative Law Enforcement and
352
Criminal Justice Interim Committee annually regarding the grants allocated under this section,
353
including the amounts and uses of the grants.
354
Section 9.
Section
63-97a-201
is amended to read:
355
63-97a-201. Creation of Infrastructure and Economic Diversification Investment
356
Account.
357
(1) (a) There is created a restricted account within the General Fund known as the
358
"Infrastructure and Economic Diversification Investment Account."
359
(b) The Infrastructure and Economic Diversification Investment Account shall consist
360
of:
361
(i) all monies credited to the account under Section
63-97a-202
;
362
(ii) appropriations from the Legislature; and
363
(iii) grants from private foundations[; and].
364
[(iv) interest and investment earnings on account monies.]
365
[(2) (a) The Infrastructure and Economic Diversification Investment Account shall earn
366
interest.]
367
[(b) All interest earned on monies in the Infrastructure and Economic Diversification
368
Investment Account shall be deposited into the Infrastructure and Economic Diversification
369
Investment Account.]
370
(2) (a) The state treasurer shall invest monies in the account according to Title 51,
371
Chapter 7, State Money Management Act.
372
(b) The Division of Finance shall deposit interest or other earnings derived from
373
investment of account monies into the General Fund.
374
(3) The Legislature may appropriate monies from the Infrastructure and Economic
375
Diversification Investment Account for infrastructure and economic diversification investment
376
projects.
377
Section 10.
Section
63-97a-202
is amended to read:
378
63-97a-202. Creation of Severance Tax Holding Account -- Distribution of funds
379
in the account.
380
(1) (a) There is created a restricted account within the General Fund known as the
381
"Severance Tax Holding Account."
382
(b) The Severance Tax Holding Account shall consist of:
383
(i) appropriations from the Legislature; and
384
(ii) grants from private foundations[; and].
385
[(iii) interest and investment earnings on Severance Tax Holding Account monies.]
386
[(2) (a) The Severance Tax Holding Account shall earn interest.]
387
[(b) All interest earned on monies in the Severance Tax Holding Account shall be
388
deposited into the Severance Tax Holding Account.]
389
(2) (a) The state treasurer shall invest monies in the account according to Title 51,
390
Chapter 7, State Money Management Act.
391
(b) The Division of Finance shall deposit interest or other earnings derived from
392
investment of account monies into the General Fund.
393
(3) If authorized by law the Division of Finance shall deposit all of the monies in the
394
Severance Tax Holding Account as of June 30, 2009, into the permanent state trust fund.
395
(4) The state treasurer shall invest and separately account for the earnings on funds that
396
are deposited into the permanent state trust fund under this section.
397
(5) (a) In accordance with Utah Constitution Article XXII, Section 4, the interest and
398
dividends earned annually on revenue from severance taxes that are deposited into the
399
permanent state trust fund shall be deposited in the General Fund.
400
(b) Interest and dividends earned on revenue from severance taxes that are deposited in
401
the General Fund pursuant to Subsection (5)(a) shall be credited to the Infrastructure and
402
Economic Diversification Investment Account created in Section
63-97a-201
.
403
Section 11.
Section
67-5-25
is amended to read:
404
67-5-25. Litigation Fund for Highway Projects Account.
405
(1) There is created within the General Fund a restricted account known as the
406
Litigation Fund for Highway Projects Account.
407
(2) The Litigation Fund for Highway Projects Account consists of:
408
(a) appropriations made to the account by the Legislature;
409
(b) transfers to the account from highway project funds as approved by the
410
Transportation Commission; and
411
(c) any donations made to the account[; and].
412
[(d) interest on account monies.]
413
(3) (a) The state treasurer shall invest monies in the account according to Title 51,
414
Chapter 7, State Money Management Act.
415
(b) The Division of Finance shall deposit interest or other earnings derived from
416
investment of account monies into the General Fund.
417
[(3)] (4) (a) Upon appropriation by the Legislature, the attorney general shall use
418
monies from the account to pay litigation expenses for defending legal actions filed against the
419
state that challenge highway projects.
420
(b) The Legislature intends that monies in the account be appropriated for a project's
421
litigation expenses before appropriating funds for litigation expenses from any other source.
422
[(4)] (5) The Division of Finance shall:
423
(a) establish subaccounts within the Litigation Fund for Highway Projects Account to
424
hold monies appropriated by the Legislature for litigation expenses for different highway
425
projects;
426
(b) apportion donations received equally among subaccounts unless the donor directs
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that the donation:
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(i) be used to defend a specific legal action; or
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(ii) be deposited into a specific subaccount; and
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(c) apportion interest between subaccounts proportionally based upon the balance of
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each subaccount.
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[(5)] (6) When some or all of the money appropriated to fund litigation expenses for a
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particular highway project is not expended, the Legislature shall:
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(a) appropriate those unused monies to the LeRay McAllister Critical Land
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Conservation Fund created by Section
11-38-301
; or
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(b) return the money to the donor.
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Section 12. Effective date.
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This bill takes effect on July 1, 2008.
Legislative Review Note
as of 1-31-08 12:23 PM