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H.B. 72
1
UTAH SCHOOL SEISMIC HAZARD
2
INVENTORY
3
2010 GENERAL SESSION
4
STATE OF UTAH
5
Chief Sponsor: Larry B. Wiley
6
Senate Sponsor:
____________
7
8
LONG TITLE
9
General Description:
10
This bill establishes requirements relating to public school seismic safety.
11
Highlighted Provisions:
12
This bill:
13
. enacts the School Seismic Safety Act which:
14
. requires a school district or charter school to conduct a seismic evaluation of
15
each facility used by the school district or charter school using specified
16
standards;
17
. creates and specifies the duties of the Public School Seismic Safety Committee;
18
and
19
. directs the State Board of Education to adopt rules;
20
. repeals the School Seismic Safety Act on July 1, 2013; and
21
. makes technical changes.
22
Monies Appropriated in this Bill:
23
This bill appropriates:
24
. for fiscal year 2010-11 only, $500,000 from the General Fund to the State Board of
25
Education.
26
Other Special Clauses:
27
This bill takes effect on July 1, 2010.
28
Utah Code Sections Affected:
29
AMENDS:
30
63I-2-253, as last amended by Laws of Utah 2008, Second Special Session, Chapter 6
31
63J-1-602, as enacted by Laws of Utah 2009, Chapter 368
32
ENACTS:
33
53A-15-1201, Utah Code Annotated 1953
34
53A-15-1202, Utah Code Annotated 1953
35
53A-15-1203, Utah Code Annotated 1953
36
53A-15-1204, Utah Code Annotated 1953
37
38
Be it enacted by the Legislature of the state of Utah:
39
Section 1.
Section
53A-15-1201
is enacted to read:
40
Part 12. School Seismic Safety Act
41
53A-15-1201. Title.
42
This part is known as the "School Seismic Safety Act."
43
Section 2.
Section
53A-15-1202
is enacted to read:
44
53A-15-1202. Definitions.
45
As used in this part:
46
(1) "Committee" means the Public School Seismic Safety Committee created in
47
Section
53A-15-1203
.
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(2) "Evaluation score worksheet" means the appropriate scoring worksheet for the
49
location and type of building, as contained within federal guidelines.
50
(3) "Federal guidelines" means guidelines and procedures specified in "Rapid Visual
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Screening of Buildings for Potential Seismic Hazards: A Handbook, 2nd Edition" published by
52
the United States Federal Emergency Management Agency.
53
(4) "Threshold score" means a score on an evaluation score worksheet which indicates
54
that a building warrants a more detailed structural evaluation for its intended use.
55
Section 3.
Section
53A-15-1203
is enacted to read:
56
53A-15-1203. Public School Seismic Safety Committee.
57
(1) There is created the Public School Seismic Safety Committee consisting of seven
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members.
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(2) (a) The governor shall appoint three members who are licensed structural engineers,
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including:
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(i) one member from the public or private sector appointed from a list of at least two
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names submitted by the Utah Seismic Safety Commission;
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(ii) one member from the public or private sector appointed from a list of at least two
64
names submitted by the Utah Division of Facilities Construction and Management; and
65
(iii) one member from the public or private sector, after considering recommendations
66
from professional associations representing structural engineers.
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(b) The state superintendent shall appoint four members, including:
68
(i) one member representing a small school district;
69
(ii) one member representing a medium-sized school district;
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(iii) one member representing a large school district; and
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(iv) one member from the state superintendent's staff.
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(3) (a) Except as required by Subsection (3)(b), each member is appointed to a
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four-year term.
74
(b) Notwithstanding the requirement of Subsection (3)(a), the governor and state
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superintendent shall, at the time of appointment, adjust the length of terms to ensure that the
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terms of committee members are staggered so that approximately half of the committee is
77
appointed every two years.
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(c) When a vacancy occurs in the membership for any reason, the replacement shall be
79
appointed for the unexpired term in the same manner as the vacated member was chosen.
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(4) A member may not receive compensation or benefits for the member's service, but
81
may receive per diem and travel expenses in accordance with:
82
(a) Section
63A-3-106
;
83
(b) Section
63A-3-107
; and
84
(c) rules made by the Division of Finance pursuant to Sections
63A-3-106
and
85
63A-3-107
.
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(5) (a) The committee shall elect one of the members to serve as chair.
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(b) A majority of the members of the committee constitutes a quorum of the
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committee.
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(c) The action of a majority of a quorum constitutes the action of the committee.
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(6) The state superintendent's staff shall provide staff support to the committee.
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(7) The committee shall:
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(a) advise and make recommendations to the Legislature, governor, state
93
superintendent, and State Board of Education on seismic safety issues in public schools;
94
(b) provide technical assistance to the State Board of Education, state superintendent,
95
school districts, and charter schools in conducting and overseeing the seismic safety
96
evaluations required by Section
53A-15-1204
; and
97
(c) after completion of the seismic safety evaluations required by Subsection
98
53A-15-1204
(1), establish the threshold score.
99
Section 4.
Section
53A-15-1204
is enacted to read:
100
53A-15-1204. Seismic safety evaluation.
101
(1) On or before June 30, 2012, each school district and charter school shall:
102
(a) conduct a seismic safety rapid visual screening of each facility used by the school
103
district or charter school in accordance with federal guidelines;
104
(b) complete the appropriate evaluation score worksheet; and
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(c) report its findings to the State Board of Education, including for each building:
106
(i) the evaluation score worksheet;
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(ii) the current estimated number of building occupants during normal business hours;
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and
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(iii) the square footage.
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(2) The rapid visual screening and completion of the evaluation score worksheet under
111
Subsection (1) shall be supervised or performed by a licensed professional structural engineer
112
or a licensed professional civil engineer with experience in seismic evaluations.
113
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
114
State Board of Education, after consultation with the Public School Seismic Safety Committee,
115
shall make rules to establish standardized forms and procedures for conducting and reporting
116
the results of the rapid visual screening.
117
(4) (a) The State Board of Education shall reimburse school districts and charter
118
schools for the costs of complying with this section from funds appropriated for that purpose.
119
(b) If reimbursement requests from school districts and charter schools exceed
120
available funds, the State Board of Education shall proportionately reduce the allocation for
121
each reimbursement request to match the level of available funds.
122
(c) (i) If reimbursement requests from school districts and charter schools are less than
123
available funds, the State Board of Education, after consultation with the Public School
124
Seismic Safety Committee, shall allocate any remaining funds for additional evaluations of
125
buildings that receive a score on the building's evaluation score worksheet that is below the
126
threshold score established by the committee.
127
(ii) If additional evaluations are funded pursuant to Subsection (4)(c)(i), the State
128
Board of Education, after consultation with the Public School Seismic Safety Committee, shall
129
require that the additional evaluations be performed using a nationally recognized standard.
130
(iii) The State Board of Education may require matching funds as a condition of
131
funding any additional evaluations.
132
(5) The state superintendent shall report to the Education Interim Committee the
133
findings of the statewide seismic evaluation, including any additional evaluations, on or before
134
October 31, 2012, including:
135
(a) by school district or charter school, the total number of screened buildings and the
136
score for each building;
137
(b) the total estimated number of building occupants;
138
(c) total estimated number of building occupants in structures that receive a score on
139
the building's evaluation score worksheet that is below the threshold score established by the
140
committee;
141
(d) the total facility square footage statewide;
142
(e) the total facility square footage statewide in structures that receive a score on the
143
building's evaluation score worksheet that is below the threshold score established by the
144
committee; and
145
(f) the number of school districts, charter schools, and facilities for which no report
146
was submitted.
147
(6) The state, a school district, a charter school, and their officers and employees are
148
immune from suit for any injury or damage resulting from the exercise or performance of, or
149
the failure to exercise or perform, any action related to seismic safety as a result of the
150
evaluations performed pursuant to this section.
151
Section 5.
Section
63I-2-253
is amended to read:
152
63I-2-253. Repeal dates -- Titles 53, 53A, and 53B.
153
(1) Section
53A-1-403.5
is repealed July 1, 2012.
154
(2) Subsection
53A-1-603
(5) is repealed July 1, 2010.
155
(3) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2014.
156
[(4) Section
53A-3-702
is repealed July 1, 2008.]
157
[(5) Section
53A-6-112
is repealed July 1, 2009.]
158
[(6)] (4) Subsection
53A-13-110
(3) is repealed July 1, 2013.
159
(5) Title 53A, Chapter 15, Part 12, School Seismic Safety Act, is repealed July 1, 2013.
160
[(7)] (6) Section
53A-17a-152
is repealed July 1, 2010.
161
[(8)] (7) Section
53A-17a-162
is repealed July 1, 2012.
162
Section 6.
Section
63J-1-602
is amended to read:
163
63J-1-602. Nonlapsing accounts and funds.
164
(1) The following revenue collections, appropriations from a fund or account, and
165
appropriations to a program are nonlapsing:
166
(a) appropriations made to the Legislature and its committees;
167
(b) funds collected by the grain grading program, as provided in Section
4-2-2
;
168
(c) the Salinity Offset Fund created in Section
4-2-8.5
;
169
(d) the Invasive Species Mitigation Fund created in Section
4-2-8.7
;
170
(e) funds collected by pesticide dealer license registration fees, as provided in Section
171
4-14-3
;
172
(f) funds collected by pesticide applicator business registration fees, as provided in
173
Section
4-14-13
;
174
(g) the Rangeland Improvement Fund created in Section
4-20-2
;
175
(h) funds deposited as dedicated credits under the Insect Infestation Emergency Control
176
Act, as provided in Section
4-35-6
;
177
(i) the Percent-for-Art Program created in Section
9-6-404
;
178
(j) the Centennial History Fund created in Section
9-8-604
;
179
(k) the Uintah Basin Revitalization Fund, as provided in Section
9-10-108
;
180
(l) the Navajo Revitalization Fund created in Section
9-11-104
;
181
(m) the LeRay McAllister Critical Land Conservation Program created in Section
182
11-38-301
;
183
(n) the Clean Fuels and Vehicle Technology Fund created in Section
19-1-403
;
184
(o) fees deposited as dedicated credits for hazardous waste plan reviews, as provided in
185
Section
19-6-120
;
186
(p) an appropriation made to the Division of Wildlife Resources for the appraisal and
187
purchase of lands under the Pelican Management Act, as provided in Section
23-21a-6
;
188
(q) award monies under the Crime Reduction Assistance Program, as provided under
189
Section
24-1-19
;
190
(r) funds collected from the emergency medical services grant program, as provided in
191
Section
26-8a-207
;
192
(s) fees and other funding available to purchase training equipment and to administer
193
tests and conduct quality assurance reviews, as provided in Section
26-8a-208
;
194
(t) funds collected as a result of a sanction under Section 1919 of Title XIX of the
195
federal Social Security Act, as provided in Section
26-18-3
;
196
(u) the Utah Health Care Workforce Financial Assistance Program created in Section
197
26-46-102
;
198
(v) monies collected from subscription fees for publications prepared or distributed by
199
the insurance commissioner, as provided in Section
31A-2-208
;
200
(w) monies received by the Insurance Department for administering, investigating
201
under, and enforcing the Insurance Fraud Act, as provided in Section
31A-31-108
;
202
(x) certain monies received for penalties paid under the Insurance Fraud Act, as
203
provided in Section
31A-31-109
;
204
(y) the fund for operating the state's Federal Health Care Tax Credit Program, as
205
provided in Section
31A-38-104
;
206
(z) certain funds in the Department of Workforce Services' program for the education,
207
training, and transitional counseling of displaced homemakers, as provided in Section
208
35A-3-114
;
209
(aa) the Employment Security Administration Fund created in Section
35A-4-505
;
210
(bb) the Special Administrative Expense Fund created in Section
35A-4-506
;
211
(cc) funding for a new program or agency that is designated as nonlapsing under
212
Section
36-24-101
;
213
(dd) the Oil and Gas Conservation Account created in Section
40-6-14.5
;
214
(ee) funds available to the State Tax Commission for purchase and distribution of
215
license plates and decals, as provided in Section
41-1a-1201
;
216
(ff) certain fees for the cost of electronic payments under the Motor Vehicle Act, as
217
provided in Section
41-1a-1221
;
218
(gg) certain fees collected for administering and enforcing the Motor Vehicle Business
219
Regulation Act, as provided in Section
41-3-601
;
220
(hh) certain fees for the cost of electronic payments under the Motor Vehicle Business
221
Regulation Act, as provided in Section
41-3-604
;
222
(ii) the Off-Highway Access and Education Restricted Account created in Section
223
41-22-19.5
;
224
(jj) certain fees for the cost of electronic payments under the Motor Vehicle Act, as
225
provided in Section
41-22-36
;
226
(kk) monies collected under the Notaries Public Reform Act, as provided under
227
46-1-23
;
228
(ll) certain funds associated with the Law Enforcement Operations Account, as
229
provided in Section
51-9-411
;
230
(mm) the Public Safety Honoring Heroes Restricted Account created in Section
231
53-1-118
;
232
(nn) funding for the Search and Rescue Financial Assistance Program, as provided in
233
Section
53-2-107
;
234
(oo) appropriations made to the Department of Public Safety from the Department of
235
Public Safety Restricted Account, as provided in Section
53-3-106
;
236
(pp) appropriations to the Motorcycle Rider Education Program, as provided in Section
237
53-3-905
;
238
(qq) fees collected by the State Fire Marshal Division under the Utah Fire Prevention
239
and Safety Act, as provided in Section
53-7-314
;
240
(rr) the DNA Specimen Restricted Account created in Section
53-10-407
;
241
(ss) monies appropriated to the State Board of Education for fiscal year 2010-11 for:
242
(i) reimbursement of school district and charter school seismic safety evaluation costs
243
pursuant to Section
53A-15-1204
; and
244
(ii) expenses of the Public School Seismic Safety Committee created in Section
245
53A-15-1203;
246
[(ss)] (tt) the minimum school program, as provided in Section
53A-17a-105
;
247
[(tt)] (uu) certain funds appropriated from the Uniform School Fund to the State Board
248
of Education for new teacher bonus and performance-based compensation plans, as provided in
249
Section
53A-17a-148
;
250
[(uu)] (vv) certain funds appropriated from the Uniform School Fund to the State
251
Board of Education for implementation of proposals to improve mathematics achievement test
252
scores, as provided in Section
53A-17a-152
;
253
[(vv)] (ww) the School Building Revolving Account created in Section
53A-21-401
;
254
[(ww)] (xx) monies received by the State Office of Rehabilitation for the sale of certain
255
products or services, as provided in Section
53A-24-105
;
256
[(xx)] (yy) the State Board of Regents, as provided in Section
53B-6-104
;
257
[(yy)] (zz) certain funds appropriated from the General Fund to the State Board of
258
Regents for teacher preparation programs, as provided in Section
53B-6-104
;
259
[(zz)] (aaa) a certain portion of monies collected for administrative costs under the
260
School Institutional Trust Lands Management Act, as provided under Section
53C-3-202
;
261
[(aaa)] (bbb) certain surcharges on residence and business telecommunications access
262
lines imposed by the Public Service Commission, as provided in Section
54-8b-10
;
263
[(bbb)] (ccc) certain fines collected by the Division of Occupational and Professional
264
Licensing for violation of unlawful or unprofessional conduct that are used for education and
265
enforcement purposes, as provided in Section
58-17b-505
;
266
[(ccc)] (ddd) the Nurse Education and Enforcement Fund created in Section
267
58-31b-103
;
268
[(ddd)] (eee) funding of the controlled substance database, as provided in Section
269
58-37-7.7
;
270
[(eee)] (fff) the Certified Nurse Midwife Education and Enforcement Fund created in
271
Section
58-44a-103
;
272
[(fff)] (ggg) funding for the building inspector's education program, as provided in
273
Section
58-56-9
;
274
[(ggg)] (hhh) certain fines collected by the Division of Occupational and Professional
275
Licensing for use in education and enforcement of the Security Personnel Licensing Act, as
276
provided in Section
58-63-103
;
277
[(hhh)] (iii) the Professional Geologist Education and Enforcement Fund created in
278
Section
58-76-103
;
279
[(iii)] (jjj) certain monies in the Water Resources Conservation and Development
280
Fund, as provided in Section
59-12-103
;
281
[(jjj)] (kkk) funds paid to the Division of Real Estate for the cost of a criminal
282
background check for broker and sales agent licenses, as provided in Section
61-2-9
;
283
[(kkk)] (lll) the Utah Housing Opportunity Restricted Account created in Section
284
61-2-28
;
285
[(lll)] (mmm) funds paid to the Division of Real Estate for the cost of a criminal
286
background check for a mortgage loan license, as provided in Section
61-2c-202
;
287
[(mmm)] (nnn) funds paid to the Division of Real Estate in relation to examination of
288
records in an investigation, as provided in Section
61-2c-401
;
289
[(nnn)] (ooo) certain funds donated to the Department of Human Services, as provided
290
in Section
62A-1-111
;
291
[(ooo)] (ppp) certain funds donated to the Division of Child and Family Services, as
292
provided in Section
62A-4a-110
;
293
[(ppp)] (qqq) the Mental Health Therapist Grant and Scholarship Program, as provided
294
in Section
62A-13-109
;
295
[(qqq)] (rrr) assessments for DUI violations that are forwarded to an account created by
296
a county treasurer, as provided in Section
62A-15-503
;
297
[(rrr)] (sss) appropriations to the Division of Services for People with Disabilities, as
298
provided in Section
62A-5-102
;
299
[(sss)] (ttt) certain donations to the Division of Substance Abuse and Mental Health, as
300
provided in Section
62A-15-103
;
301
[(ttt)] (uuu) certain funds received by the Division of Parks and Recreation from the
302
sale or disposal of buffalo, as provided under Section
63-11-19.2
;
303
[(uuu)] (vvv) revenue for golf user fees at the Wasatch Mountain State Park, Palisades
304
State Park, or Jordan River State Park, as provided under Section
63-11-19.5
;
305
[(vvv)] (www) revenue for golf user fees at the Green River State Park, as provided
306
under Section
63-11-19.6
;
307
[(www)] (xxx) the Centennial Nonmotorized Paths and Trail Crossings Program
308
created under Section
63-11a-503
;
309
[(xxx)] (yyy) the Bonneville Shoreline Trail Program created under Section
310
63-11a-504
;
311
[(yyy)] (zzz) the account for the Utah Geological Survey, as provided in Section
312
63-73-10
;
313
[(zzz)] (aaaa) the Risk Management Fund created under Section
63A-4-201
;
314
[(aaaa)] (bbbb) the Child Welfare Parental Defense Fund created in Section
315
63A-11-203
;
316
[(bbbb)] (cccc) the Constitutional Defense Restricted Account created in Section
317
63C-4-103
;
318
[(cccc)] (dddd) a portion of the funds appropriated to the Utah Seismic Safety
319
Commission, as provided in Section
63C-6-104
;
320
[(dddd)] (eeee) funding for the Medical Education Program administered by the
321
Medical Education Council, as provided in Section
63C-8-102
;
322
[(eeee)] (ffff) certain monies payable for commission expenses of the Pete Suazo Utah
323
Athletic Commission, as provided under Section
63C-11-301
;
324
[(ffff)] (gggg) funds collected for publishing the Division of Administrative Rules'
325
publications, as provided in Section
63G-3-402
;
326
[(gggg)] (hhhh) the appropriation to fund the Governor's Office of Economic
327
Development's Enterprise Zone Act, as provided in Section
63M-1-416
;
328
[(hhhh)] (iiii) the Tourism Marketing Performance Account, as provided in Section
329
63M-1-1406
;
330
[(iiii)] (jjjj) certain funding for rural development provided to the Office of Rural
331
Development in the Governor's Office of Economic Development, as provided in Section
332
63M-1-1604
;
333
[(jjjj)] (kkkk) certain monies in the Development for Disadvantaged Rural
334
Communities Restricted Account, as provided in Section
63M-1-2003
;
335
[(kkkk)] (llll) appropriations to the Utah Science Technology and Research Governing
336
Authority, created under Section
63M-2-301
, as provided under Section
63M-3-302
;
337
[(llll)] (mmmm) certain monies in the Rural Broadband Service Fund, as provided in
338
Section
63M-1-2303
;
339
[(mmmm)] (nnnn) funds collected from monthly offender supervision fees, as provided
340
in Section
64-13-21.2
;
341
[(nnnn)] (oooo) funds collected by the housing of state probationary inmates or state
342
parole inmates, as provided in Subsection
64-13e-104
(2);
343
[(oooo)] (pppp) the Sovereign Lands Management account created in Section
65A-5-1
;
344
[(pppp)] (qqqq) certain forestry and fire control funds utilized by the Division of
345
Forestry, Fire, and State Lands, as provided in Section
65A-8-103
;
346
[(qqqq)] (rrrr) the Department of Human Resource Management user training program,
347
as provided in Section
67-19-6
;
348
[(rrrr)] (ssss) funds for the University of Utah Poison Control Center program, as
349
provided in Section
69-2-5.5
;
350
[(ssss)] (tttt) appropriations to the Transportation Corridor Preservation Revolving
351
Loan Fund, as provided in Section
72-2-117
;
352
[(tttt)] (uuuu) appropriations to the Local Transportation Corridor Preservation Fund,
353
as provided in Section
72-2-117.5
;
354
[(uuuu)] (vvvv) appropriations to the Tollway Restricted Special Revenue Fund, as
355
provided in Section
77-2-120
;
356
[(vvvv)] (wwww) appropriations to the Aeronautics Construction Revolving Loan
357
Fund, as provided in Section
77-2-122
;
358
[(wwww)] (xxxx) appropriations to the State Park Access Highways Improvement
359
Program, as provided in Section
72-3-207
;
360
[(xxxx)] (yyyy) the Traffic Noise Abatement Program created in Section
72-6-112
;
361
[(yyyy)] (zzzz) certain funds received by the Office of the State Engineer for well
362
drilling fines or bonds, as provided in Section
73-3-25
;
363
[(zzzz)] (aaaaa) certain monies appropriated to increase the carrying capacity of the
364
Jordan River that are transferred to the Division of Parks and Recreation, as provided in
365
Section
73-10e-1
;
366
[(aaaaa)] (bbbbb) certain fees for the cost of electronic payments under the State
367
Boating Act, as provided in Section
73-18-25
;
368
[(bbbbb)] (ccccc) certain monies appropriated from the Water Resources Conservation
369
and Development Fund, as provided in Section
73-23-2
;
370
[(ccccc)] (ddddd) the Lake Powell Pipeline Project Operation and Maintenance Fund
371
created in Section
73-28-404
;
372
[(ddddd)] (eeeee) certain funds in the Water Development and Flood Mitigation
373
Reserve Account, as provided in Section
73-103-1
;
374
[(eeeee)] (fffff) certain funds appropriated for compensation for special prosecutors, as
375
provided in Section
77-10a-19
;
376
[(fffff)] (ggggg) the Indigent Aggravated Murder Defense Trust Fund created in
377
Section
77-32-601
;
378
[(ggggg)] (hhhhh) the Indigent Felony Defense Trust Fund created in Section
379
77-32-701
;
380
[(hhhhh)] (iiiii) funds donated or paid to a juvenile court by private sources, as
381
provided in Subsection
78A-6-203
(c);
382
[(iiiii)] (jjjjj) a state rehabilitative employment program, as provided in Section
383
78A-6-210
; and
384
[(jjjjj)] (kkkkk) fees from the issuance and renewal of licenses for certified court
385
interpreters, as provided in Section
78B-1-146
.
386
(2) No revenue collection, appropriation from a fund or account, or appropriation to a
387
program may be treated as nonlapsing unless:
388
(a) it is expressly referenced by this section;
389
(b) it is designated in a condition of appropriation in the appropriations bill; or
390
(c) nonlapsing authority is granted under Section
63J-1-603
.
391
(3) Each legislative appropriations subcommittee shall review the accounts and funds
392
that have been granted nonlapsing authority under this section or Section
63J-1-603
.
393
Section 7. Appropriation.
394
(1) There is appropriated $500,000 from the General Fund for fiscal year 2010-11 only,
395
to the State Board of Education for:
396
(a) reimbursement of school district and charter school seismic safety evaluation costs
397
incurred pursuant to Section
53A-15-1204
; and
398
(b) expenses of the Public School Seismic Safety Committee created under Section
399
53A-15-1203
.
400
(2) The funds appropriated in Subsection (1) are non-lapsing.
401
Section 8. Effective date.
402
This bill takes effect on July 1, 2010.
Legislative Review Note
as of 12-22-09 2:48 PM