S.B. 176 Enrolled

1

OFFICE OF PLANNING AND BUDGET RESTRUCTURING
2 AMENDMENTS
3 2013 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Jerry W. Stevenson
6 House Sponsor: Brad R. Wilson
7
8 LONG TITLE
9 General Description:
10 This bill amends provisions related to the Governor's Office of Planning and Budget.
11 Highlighted Provisions:
12 This bill:
13 . changes the name of the Governor's Office of Planning and Budget to the
14 Governor's Office of Management and Budget;
15 . reclassifies the director of the office from director to executive director;
16 . updates references in the Utah Code to reflect the new name and the reclassification
17 of the director to executive director; and
18 . adds additional duties to the office.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 This bill provides revisor instructions.
23 Utah Code Sections Affected:
24 AMENDS:
25 11-38-102, as last amended by Laws of Utah 2009, Chapter 368
26 11-38-201, as last amended by Laws of Utah 2010, Chapter 286
27 11-38-203, as enacted by Laws of Utah 1999, Chapter 24
28 20A-7-202.5, as last amended by Laws of Utah 2011, Chapter 17
29 20A-7-203, as last amended by Laws of Utah 2011, Chapters 17, 315 and last amended

30 by Coordination Clause, Laws of Utah 2011, Chapter 315
31 20A-7-204.1, as last amended by Laws of Utah 2011, Chapters 297 and 315
32 20A-7-214, as enacted by Laws of Utah 2005, Chapter 236
33 36-2-4, as last amended by Laws of Utah 2010, Chapter 286
34 49-11-406, as last amended by Laws of Utah 2010, Chapter 280
35 49-12-203, as last amended by Laws of Utah 2009, Chapter 51
36 49-13-203, as last amended by Laws of Utah 2010, Chapter 280
37 49-20-410, as last amended by Laws of Utah 2012, Chapter 406
38 49-22-401, as last amended by Laws of Utah 2012, Chapter 298
39 53A-17a-105, as last amended by Laws of Utah 2011, Chapters 7, 342, and 371
40 53B-2a-104, as last amended by Laws of Utah 2009, Chapter 346
41 53B-2a-110, as last amended by Laws of Utah 2009, Chapter 346
42 53B-16-210, as enacted by Laws of Utah 2009, Chapter 346
43 59-1-403, as last amended by Laws of Utah 2012, Chapter 360
44 59-5-102, as last amended by Laws of Utah 2011, Chapters 54 and 384
45 59-15-109, as last amended by Laws of Utah 2011, Chapter 281
46 62A-15-612, as last amended by Laws of Utah 2003, Chapter 16
47 63A-1-114, as last amended by Laws of Utah 2010, Chapter 341
48 63A-3-403, as last amended by Laws of Utah 2010, Chapter 286
49 63A-5-101, as last amended by Laws of Utah 2010, Chapter 286
50 63B-2-301, as last amended by Laws of Utah 2008, Chapter 382
51 63B-3-301, as last amended by Laws of Utah 2012, Chapter 242
52 63B-4-201, as last amended by Laws of Utah 2009, Chapter 344
53 63B-4-301, as last amended by Laws of Utah 2008, Chapter 382
54 63C-9-301 (Superseded 05/01/13), as last amended by Laws of Utah 2008, Chapters
55 10 and 382
56 63C-9-301 (Effective 05/01/13), as last amended by Laws of Utah 2012, Chapter 347
57 63C-13-105, as enacted by Laws of Utah 2011, Chapter 408

58 63F-1-104, as last amended by Laws of Utah 2011, Chapter 270
59 63F-1-302, as last amended by Laws of Utah 2009, Chapter 183
60 63F-1-508, as renumbered and amended by Laws of Utah 2005, Chapter 169
61 63I-4-302, as enacted by Laws of Utah 2008, Chapter 147
62 63I-4-303, as enacted by Laws of Utah 2008, Chapter 147
63 63J-1-104, as last amended by Laws of Utah 2012, Chapter 102
64 63J-1-205, as last amended by Laws of Utah 2011, Chapter 384
65 63J-1-206, as last amended by Laws of Utah 2011, Chapter 342
66 63J-1-217, as renumbered and amended by Laws of Utah 2009, Chapters 183 and 368
67 63J-1-411, as last amended by Laws of Utah 2011, Chapter 378
68 63J-1-504, as last amended by Laws of Utah 2011, Chapter 247
69 63J-1-701, as renumbered and amended by Laws of Utah 2009, Chapter 183
70 63J-1-702, as renumbered and amended by Laws of Utah 2009, Chapter 183
71 63J-3-102, as renumbered and amended by Laws of Utah 2008, Chapter 382
72 63J-3-103, as last amended by Laws of Utah 2010, Chapter 137
73 63J-3-202, as renumbered and amended by Laws of Utah 2008, Chapter 382
74 63J-4-101, as renumbered and amended by Laws of Utah 2008, Chapter 382
75 63J-4-102, as renumbered and amended by Laws of Utah 2008, Chapter 382
76 63J-4-201, as renumbered and amended by Laws of Utah 2008, Chapter 382
77 63J-4-202, as last amended by Laws of Utah 2011, Chapter 151
78 63J-4-301, as last amended by Laws of Utah 2009, Chapter 183
79 63J-4-501, as renumbered and amended by Laws of Utah 2008, Chapter 382
80 63J-4a-201, as enacted by Laws of Utah 2011, Chapter 151
81 63J-5-201, as last amended by Laws of Utah 2011, Chapter 326
82 63J-5-202, as renumbered and amended by Laws of Utah 2008, Chapter 382
83 63J-7-201, as enacted by Laws of Utah 2008, Chapter 195
84 63M-1-910, as renumbered and amended by Laws of Utah 2008, Chapter 382
85 63M-1-2407, as last amended by Laws of Utah 2010, Chapter 164

86 63M-1-2603 (Superseded 05/01/13), as enacted by Laws of Utah 2008, Chapter 352
87 63M-1-2603 (Effective 05/01/13), as last amended by Laws of Utah 2012, Chapter 347
88 63M-1-2606 (Superseded 05/01/13), as enacted by Laws of Utah 2008, Chapter 352
89 63M-1-2606 (Effective 05/01/13), as last amended by Laws of Utah 2012, Chapter 347
90 63M-1-2607 (Superseded 05/01/13), as enacted by Laws of Utah 2008, Chapter 352
91 63M-1-2607 (Effective 05/01/13), as last amended by Laws of Utah 2012, Chapter 347
92 63M-1-2609, as enacted by Laws of Utah 2008, Chapter 352
93 63M-1-2612, as last amended by Laws of Utah 2009, Chapter 183
94 63M-1-2911, as enacted by Laws of Utah 2011, Chapter 306
95 64-13e-105, as last amended by Laws of Utah 2009, Chapter 56
96 67-4-16, as last amended by Laws of Utah 2000, Chapter 13
97 67-19-11, as last amended by Laws of Utah 2010, Chapter 249
98 67-19-12, as last amended by Laws of Utah 2012, Chapter 173
99 67-19d-202, as last amended by Laws of Utah 2012, Chapter 376
100 67-22-2, as last amended by Laws of Utah 2012, Chapters 212 and 369
101
102 Be it enacted by the Legislature of the state of Utah:
103 Section 1. Section 11-38-102 is amended to read:
104 11-38-102. Definitions.
105 As used in this chapter:
106 (1) "Affordable housing" means housing occupied or reserved for occupancy by
107 households with a gross household income equal to or less than 80% of the median gross
108 income of the applicable municipal or county statistical area for households of the same size.
109 (2) "Agricultural land" has the same meaning as "land in agricultural use" under
110 Section 59-2-502 .
111 (3) "Brownfield sites" means abandoned, idled, or underused commercial or industrial
112 land where expansion or redevelopment is complicated by real or perceived environmental
113 contamination.

114 (4) "Commission" means the Quality Growth Commission established in Section
115 11-38-201 .
116 (5) "Infill development" means residential, commercial, or industrial development on
117 unused or underused land, excluding open land and agricultural land, within existing, otherwise
118 developed urban areas.
119 (6) "Local entity" means a county, city, or town.
120 [(7) "OPB" means the Governor's Office of Planning and Budget established under
121 Section 63J-4-201 .]
122 [(8)] (7) (a) "Open land" means land that is:
123 (i) preserved in or restored to a predominantly natural, open, and undeveloped
124 condition; and
125 (ii) used for:
126 (A) wildlife habitat;
127 (B) cultural or recreational use;
128 (C) watershed protection; or
129 (D) another use consistent with the preservation of the land in or restoration of the land
130 to a predominantly natural, open, and undeveloped condition.
131 (b) (i) "Open land" does not include land whose predominant use is as a developed
132 facility for active recreational activities, including baseball, tennis, soccer, golf, or other
133 sporting or similar activity.
134 (ii) The condition of land does not change from a natural, open, and undeveloped
135 condition because of the development or presence on the land of facilities, including trails,
136 waterways, and grassy areas, that:
137 (A) enhance the natural, scenic, or aesthetic qualities of the land; or
138 (B) facilitate the public's access to or use of the land for the enjoyment of its natural,
139 scenic, or aesthetic qualities and for compatible recreational activities.
140 [(9)] (8) "Program" means the LeRay McAllister Critical Land Conservation Program
141 established in Section 11-38-301 .

142 [(10)] (9) "Surplus land" means real property owned by the Department of
143 Administrative Services, the Department of Agriculture and Food, the Department of Natural
144 Resources, or the Department of Transportation that the individual department determines not
145 to be necessary for carrying out the mission of the department.
146 Section 2. Section 11-38-201 is amended to read:
147 11-38-201. Quality Growth Commission -- Term of office -- Vacancy --
148 Organization -- Expenses -- Staff.
149 (1) (a) There is created a Quality Growth Commission consisting of:
150 (i) the director of the Department of Natural Resources;
151 (ii) the commissioner of the Department of Agriculture and Food;
152 (iii) six elected officials at the local government level, three of whom may not be
153 residents of a county of the first or second class; and
154 (iv) five persons from the profit and nonprofit private sector, two of whom may not be
155 residents of a county of the first or second class and no more than three of whom may be from
156 the same political party and one of whom shall be from the residential construction industry,
157 nominated by the Utah Home Builders Association, and one of whom shall be from the real
158 estate industry, nominated by the Utah Association of Realtors.
159 (b) (i) The director of the Department of Natural Resources and the commissioner of
160 the Department of Agriculture and Food may not assume their positions on the commission
161 until:
162 (A) after May 1, 2005; and
163 (B) the term of the respective predecessor in office, who is a state government level
164 appointee, expires.
165 (ii) The term of a commission member serving on May 1, 2005 as one of the six
166 elected local officials or five private sector appointees may not be shortened because of
167 application of the restriction under Subsections (1)(a)(iii) and (iv) on the number of appointees
168 from counties of the first or second class.
169 (2) (a) Each commission member appointed under Subsection (1)(a)(iii) or (iv) shall be

170 appointed by the governor with the consent of the Senate.
171 (b) The governor shall select three of the six members under Subsection (1)(a)(iii) from
172 a list of names provided by the Utah League of Cities and Towns, and shall select the
173 remaining three from a list of names provided by the Utah Association of Counties.
174 (c) Two of the persons appointed under Subsection (1) shall be from the agricultural
175 community from a list of names provided by Utah farm organizations.
176 (3) (a) The term of office of each member is four years, except that the governor shall
177 appoint one of the persons at the state government level, three of the persons at the local
178 government level, and two of the persons under Subsection (1)(a)(iv) to an initial two-year
179 term.
180 (b) No member of the commission may serve more than two consecutive four-year
181 terms.
182 (4) Each mid-term vacancy shall be filled for the unexpired term in the same manner as
183 an appointment under Subsection (2).
184 (5) Commission members shall elect a chair from their number and establish rules for
185 the organization and operation of the commission.
186 (6) A member may not receive compensation or benefits for the member's service, but
187 may receive per diem and travel expenses in accordance with:
188 (a) Section 63A-3-106 ;
189 (b) Section 63A-3-107 ; and
190 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
191 63A-3-107 .
192 (7) A member is not required to give bond for the performance of official duties.
193 (8) Staff services to the commission:
194 (a) shall be provided by [OPB] the Governor's Office of Management and Budget; and
195 (b) may be provided by local entities through the Utah Association of Counties and the
196 Utah League of Cities and Towns, with funds approved by the commission from those
197 identified as available to local entities under Subsection 11-38-203 (1)(a).

198 Section 3. Section 11-38-203 is amended to read:
199 11-38-203. Commission may provide assistance to local entities.
200 The commission may:
201 (1) from funds appropriated to [OPB] the Governor's Office of Management and
202 Budget by the Legislature for this purpose, grant money to local entities to help them obtain the
203 technical assistance they need to:
204 (a) conduct workshops or public hearings or use other similar methods to obtain public
205 input and participation in the process of identifying for that entity the principles of quality
206 growth referred to in Subsection 11-38-202 (1)(f);
207 (b) identify where and how quality growth areas could be established within the local
208 entity; and
209 (c) develop or modify the local entity's general plan to incorporate and implement the
210 principles of quality growth developed by the local entity and to establish quality growth areas;
211 and
212 (2) require each local entity to which the commission grants money under Subsection
213 (1) to report to the commission, in a format and upon a timetable determined by the
214 commission, on that local entity's process of developing quality growth principles and on the
215 quality growth principles developed by that local entity.
216 Section 4. Section 20A-7-202.5 is amended to read:
217 20A-7-202.5. Initial fiscal impact estimate -- Preparation of estimate -- Challenge
218 to estimate.
219 (1) Within three working days of receipt of an application for an initiative petition, the
220 lieutenant governor shall submit a copy of the application to the Governor's Office of
221 [Planning] Management and Budget.
222 (2) (a) The Governor's Office of [Planning] Management and Budget shall prepare an
223 unbiased, good faith estimate of the fiscal impact of the law proposed by the initiative that
224 contains:
225 (i) a dollar amount representing the total estimated fiscal impact of the proposed law;

226 (ii) if the proposed law would increase or decrease taxes, a dollar amount representing
227 the total estimated increase or decrease for each type of tax affected under the proposed law
228 and a dollar amount representing the total estimated increase or decrease in taxes under the
229 proposed law;
230 (iii) if the proposed law would result in the issuance or a change in the status of bonds,
231 notes, or other debt instruments, a dollar amount representing the total estimated increase or
232 decrease in public debt under the proposed law;
233 (iv) a listing of all sources of funding for the estimated costs associated with the
234 proposed law showing each source of funding and the percentage of total funding provided
235 from each source;
236 (v) a dollar amount representing the estimated costs or savings, if any, to state and
237 local government entities under the proposed law; and
238 (vi) a concise explanation, not exceeding 100 words, of the above information and of
239 the estimated fiscal impact, if any, under the proposed law.
240 (b) (i) If the proposed law is estimated to have no fiscal impact, the Governor's Office
241 of [Planning] Management and Budget shall include a summary statement in the initial fiscal
242 impact statement in substantially the following form:
243 "The Governor's Office of [Planning] Management and Budget estimates that the law
244 proposed by this initiative would have no significant fiscal impact and would not result in
245 either an increase or decrease in taxes or debt."
246 (ii) If the proposed law is estimated to have a fiscal impact, the Governor's Office of
247 [Planning] Management and Budget shall include a summary statement in the initial fiscal
248 impact estimate in substantially the following form:
249 "The Governor's Office of [Planning] Management and Budget estimates that the law
250 proposed by this initiative would result in a total fiscal expense/savings of $______, which
251 includes a (type of tax or taxes) tax increase/decrease of $______ and a $______
252 increase/decrease in state debt."
253 (iii) If the estimated fiscal impact of the proposed law is highly variable or is otherwise

254 difficult to reasonably express in a summary statement, the Governor's Office of [Planning]
255 Management and Budget may include in the summary statement a brief explanation that
256 identifies those factors affecting the variability or difficulty of the estimate.
257 (3) The Governor's Office of [Planning] Management and Budget shall prepare an
258 unbiased, good faith estimate of the cost of printing and distributing information related to the
259 initiative petition in:
260 (a) the voter information pamphlet as required by Title 20A, Chapter 7, Part 7, Voter
261 Information Pamphlet; or
262 (b) the newspaper, as required by Section 20A-7-702 .
263 (4) Within 25 calendar days from the date that the lieutenant governor delivers a copy
264 of the application, the Governor's Office of [Planning] Management and Budget shall:
265 (a) deliver a copy of the initial fiscal impact estimate to the lieutenant governor's
266 office; and
267 (b) mail a copy of the initial fiscal impact estimate to the first five sponsors named in
268 the initiative application.
269 (5) (a) (i) Three or more of the sponsors of the petition may, within 20 calendar days of
270 the date of delivery of the initial fiscal impact estimate to the lieutenant governor's office, file a
271 petition with the Supreme Court, alleging that the initial fiscal impact estimate, taken as a
272 whole, is an inaccurate estimate of the fiscal impact of the initiative.
273 (ii) After receipt of the appeal, the Supreme Court shall direct the lieutenant governor
274 to send notice of the petition to:
275 (A) any person or group that has filed an argument with the lieutenant governor's office
276 for or against the measure that is the subject of the challenge; and
277 (B) any political issues committee established under Section 20A-11-801 that has filed
278 written or electronic notice with the lieutenant governor that identifies the name, mailing or
279 email address, and telephone number of the person designated to receive notice about any
280 issues relating to the initiative.
281 (b) (i) There is a presumption that the initial fiscal impact estimate prepared by the

282 Governor's Office of [Planning] Management and Budget is based upon reasonable
283 assumptions, uses reasonable data, and applies accepted analytical methods to present the
284 estimated fiscal impact of the initiative.
285 (ii) The Supreme Court may not revise the contents of, or direct the revision of, the
286 initial fiscal impact estimate unless the plaintiffs rebut the presumption by clear and convincing
287 evidence that establishes that the initial fiscal estimate, taken as a whole, is an inaccurate
288 statement of the estimated fiscal impact of the initiative.
289 (iii) The Supreme Court may refer an issue related to the initial fiscal impact estimate
290 to a master to examine the issue and make a report in accordance with Utah Rules of Civil
291 Procedure, Rule 53.
292 (c) The Supreme Court shall certify to the lieutenant governor a fiscal impact estimate
293 for the measure that meets the requirements of this section.
294 Section 5. Section 20A-7-203 is amended to read:
295 20A-7-203. Form of initiative petition and signature sheets.
296 (1) (a) Each proposed initiative petition shall be printed in substantially the following
297 form:
298 "INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:
299 We, the undersigned citizens of Utah, respectfully demand that the following proposed
300 law be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the
301 regular general election/session to be held/ beginning on _________(month\day\year);
302 Each signer says:
303 I have personally signed this petition;
304 I am registered to vote in Utah or intend to become registered to vote in Utah before the
305 certification of the petition names by the county clerk; and
306 My residence and post office address are written correctly after my name.
307 NOTICE TO SIGNERS:
308 Public hearings to discuss this petition were held at: (list dates and locations of public
309 hearings.)"

310 (b) The sponsors of an initiative shall attach a copy of the proposed law to each
311 initiative petition.
312 (2) Each signature sheet shall:
313 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
314 (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
315 that line blank for the purpose of binding;
316 (c) contain the title of the initiative printed below the horizontal line;
317 (d) contain the initial fiscal impact estimate's summary statement issued by the
318 Governor's Office of [Planning] Management and Budget according to Subsection
319 20A-7-202.5 (2)(b), including any update according to Subsection 20A-7-204.1(4), and the cost
320 estimate for printing and distributing information related to the initiative petition according to
321 Subsection 20A-7-202.5(3), printed or typed in not less than 12 point, bold type, at the top of
322 each signature sheet under the title of the initiative;
323 (e) contain the word "Warning" printed or typed at the top of each signature sheet
324 under the initial fiscal impact estimate's summary statement;
325 (f) contain, to the right of the word "Warning," the following statement printed or
326 typed in not less than eight point, single leaded type:
327 "It is a class A misdemeanor for anyone to sign any initiative petition with any other
328 name than his own, or knowingly to sign his name more than once for the same measure, or to
329 sign an initiative petition when he knows he is not a registered voter and knows that he does
330 not intend to become registered to vote before the certification of the petition names by the
331 county clerk."; and
332 (g) be vertically divided into columns as follows:
333 (i) the first column shall appear at the extreme left of the sheet, be five-eighths inch
334 wide, be headed with "For Office Use Only," and be subdivided with a light vertical line down
335 the middle with the left subdivision entitled "Registered" and the right subdivision left untitled;
336 (ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
337 Name (must be legible to be counted)";

338 (iii) the next column shall be 2-1/2 inches wide, headed "Signature of Registered
339 Voter";
340 (iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
341 (v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
342 Code"; and
343 (vi) at the bottom of the sheet, contain the following statement: "Birth date or age
344 information is not required, but it may be used to verify your identity with voter registration
345 records. If you choose not to provide it, your signature may not be verified as a valid signature
346 if you change your address before petition signatures are verified or if the information you
347 provide does not match your voter registration records."
348 (3) The final page of each initiative packet shall contain the following printed or typed
349 statement:
350 "Verification
351 State of Utah, County of ____
352 I, _______________, of ____, hereby state that:
353 I am a resident of Utah and am at least 18 years old;
354 All the names that appear in this packet were signed by persons who professed to be the
355 persons whose names appear in it, and each of them signed his name on it in my presence;
356 I believe that each has printed and signed his name and written his post office address
357 and residence correctly, and that each signer is registered to vote in Utah or intends to become
358 registered to vote before the certification of the petition names by the county clerk.
359 I have not paid or given anything of value to any person who signed this petition to
360 encourage that person to sign it.
361 ________________________________________________________________________
362 (Name) (Residence Address) (Date)"
363 (4) The forms prescribed in this section are not mandatory, and, if substantially
364 followed, the initiative petitions are sufficient, notwithstanding clerical and merely technical
365 errors.

366 Section 6. Section 20A-7-204.1 is amended to read:
367 20A-7-204.1. Public hearings to be held before initiative petitions are circulated --
368 Changes to an initiative and initial fiscal impact estimate.
369 (1) (a) After issuance of the initial fiscal impact estimate by the Governor's Office of
370 [Planning] Management and Budget and before circulating initiative petitions for signature
371 statewide, sponsors of the initiative petition shall hold at least seven public hearings throughout
372 Utah as follows:
373 (i) one in the Bear River region -- Box Elder, Cache, or Rich County;
374 (ii) one in the Southwest region -- Beaver, Garfield, Iron, Kane, or Washington
375 County;
376 (iii) one in the Mountain region -- Summit, Utah, or Wasatch County;
377 (iv) one in the Central region -- Juab, Millard, Piute, Sanpete, Sevier, or Wayne
378 County;
379 (v) one in the Southeast region -- Carbon, Emery, Grand, or San Juan County;
380 (vi) one in the Uintah Basin region -- Daggett, Duchesne, or Uintah County; and
381 (vii) one in the Wasatch Front region -- Davis, Morgan, Salt Lake, Tooele, or Weber
382 County.
383 (b) Of the seven meetings, at least two of the meetings shall be held in a first or second
384 class county, but not in the same county.
385 (2) At least three calendar days before the date of the public hearing, the sponsors
386 shall:
387 (a) provide written notice of the public hearing to:
388 (i) the lieutenant governor for posting on the state's website; and
389 (ii) each state senator, state representative, and county commission or county council
390 member who is elected in whole or in part from the region where the public hearing will be
391 held; and
392 (b) publish written notice of the public hearing detailing its time, date, and location:
393 (i) in at least one newspaper of general circulation in each county in the region where

394 the public hearing will be held; and
395 (ii) on the Utah Public Notice Website created in Section 63F-1-701 .
396 (3) (a) During the public hearing, the sponsors shall either:
397 (i) video tape or audio tape the public hearing and, when the hearing is complete,
398 deposit the complete audio or video tape of the meeting with the lieutenant governor; or
399 (ii) take comprehensive minutes of the public hearing, detailing the names and titles of
400 each speaker and summarizing each speaker's comments.
401 (b) The lieutenant governor shall make copies of the tapes or minutes available to the
402 public.
403 (4) (a) Within 14 days after conducting the seventh public hearing required by
404 Subsection (1)(a) and before circulating an initiative petition for signatures, the sponsors of the
405 initiative petition may change the text of the proposed law if:
406 (i) a change to the text is:
407 (A) germane to the text of the proposed law filed with the lieutenant governor under
408 Section 20A-7-202 ; and
409 (B) consistent with the requirements of Subsection 20A-7-202 (5); and
410 (ii) each sponsor signs, attested to by a notary public, an application addendum to
411 change the text of the proposed law.
412 (b) (i) Within three working days of receipt of an application addendum to change the
413 text of the proposed law in an initiative petition, the lieutenant governor shall submit a copy of
414 the application addendum to the Governor's Office of [Planning] Management and Budget.
415 (ii) The Governor's Office of [Planning] Management and Budget shall update the
416 initial fiscal impact estimate by following the procedures and requirements of Section
417 20A-7-202.5 to reflect a change to the text of the proposed law.
418 Section 7. Section 20A-7-214 is amended to read:
419 20A-7-214. Fiscal review -- Repeal, amendment, or resubmission.
420 (1) No later 60 days after the date of an election in which the voters approve an
421 initiative petition, the Governor's Office of [Planning] Management and Budget shall:

422 (a) for each initiative approved by the voters, prepare a final fiscal impact statement,
423 using current financial information and containing the information required by Subsection
424 20A-7-202.5 (2); and
425 (b) deliver a copy of the final fiscal impact statement to:
426 (i) the president of the Senate;
427 (ii) the minority leader of the Senate;
428 (iii) the speaker of the House of Representatives;
429 (iv) the minority leader of the House of Representatives; and
430 (v) the first five sponsors listed on the initiative application.
431 (2) If the final fiscal impact statement exceeds the initial fiscal impact estimate by 25%
432 or more, the Legislature shall review the final fiscal impact statement and may, in any
433 legislative session following the election in which the voters approved the initiative petition:
434 (a) repeal the law established by passage of the initiative;
435 (b) amend the law established by passage of the initiative; or
436 (c) pass a joint or concurrent resolution informing the voters that they may file an
437 initiative petition to repeal the law enacted by the passage of the initiative.
438 Section 8. Section 36-2-4 is amended to read:
439 36-2-4. Legislative Compensation Commission created -- Governor's
440 considerations in appointments -- Organization and expenses.
441 (1) There is created a state Legislative Compensation Commission composed of seven
442 members appointed by the governor, not more than four of whom shall be from the same
443 political party.
444 (2) (a) Except as required by Subsection (2)(b), the members shall be appointed for
445 four-year terms.
446 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
447 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
448 board members are staggered so that approximately half of the board is appointed every two
449 years.

450 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
451 appointed for the unexpired term in the same manner as the vacated member was chosen.
452 (3) In appointing members of the commission, the governor shall give consideration to
453 achieving representation from the major geographic areas of the state, and representation from
454 a broad cross section of occupational, professional, employee, and management interests.
455 (4) The commission shall select a chair. Four members of the commission shall
456 constitute a quorum. The commission shall not make any final determination without the
457 concurrence of a majority of its members appointed and serving on the commission being
458 present.
459 (5) A member may not receive compensation or benefits for the member's service, but
460 may receive per diem and travel expenses in accordance with:
461 (a) Section 63A-3-106 ;
462 (b) Section 63A-3-107 ; and
463 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
464 63A-3-107 .
465 (6) (a) The commission shall be a citizen commission and no member or employee of
466 the legislative, judicial, or executive branch is eligible for appointment to the commission.
467 (b) The executive director of the Governor's Office of [Planning] Management and
468 Budget:
469 (i) shall provide staff to the commission; and
470 (ii) is responsible for administration, budgeting, procurement, and related management
471 functions for the commission.
472 Section 9. Section 49-11-406 is amended to read:
473 49-11-406. Governor's appointed executives and senior staff -- Appointed
474 legislative employees -- Transfer of value of accrued defined benefit -- Procedures.
475 (1) As used in this section:
476 (a) "Defined benefit balance" means the total amount of the contributions made on
477 behalf of a member to a defined benefit system plus refund interest.

478 (b) "Senior staff" means an at-will employee who reports directly to an elected official,
479 executive director, or director and includes a deputy director and other similar, at-will
480 employee positions designated by the governor, the speaker of the House, or the president of
481 the Senate and filed with the Department of Human Resource Management and the Utah State
482 Retirement Office.
483 (2) In accordance with this section and subject to federal law, a member who has
484 service credit from a system may elect to be exempt from coverage under a defined benefit
485 system and to have the member's defined benefit balance transferred from the defined benefit
486 system or plan to a defined contribution plan in the member's own name if the member is:
487 (a) the state auditor;
488 (b) the state treasurer;
489 (c) an appointed executive under Subsection 67-22-2 (1)(a);
490 (d) an employee in the Governor's Office;
491 (e) senior staff in the Governor's Office of [Planning] Management and Budget;
492 (f) senior staff in the Governor's Office of Economic Development;
493 (g) senior staff in the Commission on Criminal and Juvenile Justice;
494 (h) a legislative employee appointed under Subsection 36-12-7 (3)(a);
495 (i) a legislative employee appointed by the speaker of the House of Representatives, the
496 House of Representatives minority leader, the president of the Senate, or the Senate minority
497 leader; or
498 (j) senior staff of the Utah Science Technology and Research Initiative created under
499 Title 63M, Chapter 2, Utah Science Technology and Research Governing Authority Act.
500 (3) An election made under Subsection (2):
501 (a) is final, and no right exists to make any further election;
502 (b) is considered a request to be exempt from coverage under a defined benefits
503 system; and
504 (c) shall be made on forms provided by the office.
505 (4) The board shall adopt rules to implement and administer this section.

506 Section 10. Section 49-12-203 is amended to read:
507 49-12-203. Exclusions from membership in system.
508 (1) The following employees are not eligible for service credit in this system:
509 (a) An employee whose employment status is temporary in nature due to the nature or
510 the type of work to be performed, provided that:
511 (i) if the term of employment exceeds six months and the employee otherwise qualifies
512 for service credit in this system, the participating employer shall report and certify to the office
513 that the employee is a regular full-time employee effective the beginning of the seventh month
514 of employment; or
515 (ii) if an employee, previously terminated prior to being eligible for service credit in
516 this system is reemployed within three months of termination by the same participating
517 employer, the participating employer shall report and certify that the member is a regular
518 full-time employee when the total of the periods of employment equals six months and the
519 employee otherwise qualifies for service credit in this system.
520 (b) (i) A current or future employee of a two-year or four-year college or university
521 who holds, or is entitled to hold, under Section 49-12-204 , a retirement annuity contract with
522 the Teachers' Insurance and Annuity Association of America or with any other public or private
523 system, organization, or company during any period in which required contributions based on
524 compensation have been paid on behalf of the employee by the employer.
525 (ii) The employee, upon cessation of the participating employer contributions, shall
526 immediately become eligible for service credit in this system.
527 (c) An employee serving as an exchange employee from outside the state.
528 (d) An executive department head of the state, a member of the State Tax Commission,
529 the Public Service Commission, and a member of a full-time or part-time board or commission
530 who files a formal request for exemption.
531 (e) An employee of the Department of Workforce Services who is covered under
532 another retirement system allowed under Title 35A, Chapter 4, Employment Security Act.
533 (f) (i) An employee who is employed on or after July 1, 2009 with an employer that has

534 elected, prior to July 1, 2009, to be excluded from participation in this system under Subsection
535 49-12-202 (2)(c).
536 (ii) Notwithstanding the provisions of this Subsection (1)(f), any eligibility for service
537 credit earned by an employee under this chapter before July 1, 2009 is not affected under this
538 Subsection (1)(f).
539 (2) Upon filing a written request for exemption with the office, the following
540 employees shall be exempt from coverage under this system:
541 (a) a full-time student or the spouse of a full-time student and individuals employed in
542 a trainee relationship;
543 (b) an elected official;
544 (c) an executive department head of the state, a member of the State Tax Commission,
545 a member of the Public Service Commission, and a member of a full-time or part-time board or
546 commission;
547 (d) an employee of the Governor's Office of [Planning] Management and Budget;
548 (e) an employee of the Governor's Office of Economic Development;
549 (f) an employee of the Commission on Criminal and Juvenile Justice;
550 (g) an employee of the Governor's Office;
551 (h) an employee of the State Auditor's Office;
552 (i) an employee of the State Treasurer's Office;
553 (j) any other member who is permitted to make an election under Section 49-11-406 ;
554 (k) a person appointed as a city manager or chief city administrator or another person
555 employed by a municipality, county, or other political subdivision, who is an at-will employee;
556 and
557 (l) an employee of an interlocal cooperative agency created under Title 11, Chapter 13,
558 Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided through
559 membership in a labor organization that provides retirement benefits to its members.
560 (3) (a) Each participating employer shall prepare a list designating those positions
561 eligible for exemption under Subsection (2).

562 (b) An employee may not be exempted unless the employee is employed in a position
563 designated by the participating employer.
564 (4) (a) In accordance with this section, a municipality, county, or political subdivision
565 may not exempt more than 50 positions or a number equal to 10% of the employees of the
566 municipality, county, or political subdivision whichever is lesser.
567 (b) A municipality, county, or political subdivision may exempt at least one regular
568 full-time employee.
569 (5) Each participating employer shall:
570 (a) file employee exemptions annually with the office; and
571 (b) update the employee exemptions in the event of any change.
572 (6) The office may make rules to implement this section.
573 Section 11. Section 49-13-203 is amended to read:
574 49-13-203. Exclusions from membership in system.
575 (1) The following employees are not eligible for service credit in this system:
576 (a) An employee whose employment status is temporary in nature due to the nature or
577 the type of work to be performed, provided that:
578 (i) if the term of employment exceeds six months and the employee otherwise qualifies
579 for service credit in this system, the participating employer shall report and certify to the office
580 that the employee is a regular full-time employee effective the beginning of the seventh month
581 of employment; and
582 (ii) if an employee, previously terminated prior to becoming eligible for service credit
583 in this system, is reemployed within three months of termination by the same participating
584 employer, the participating employer shall report and certify to the office that the member is a
585 regular full-time employee when the total of the periods of employment equals six months and
586 the employee otherwise qualifies for service credit in this system.
587 (b) (i) A current or future employee of a two-year or four-year college or university
588 who holds, or is entitled to hold, under Section 49-13-204 , a retirement annuity contract with
589 the Teachers' Insurance and Annuity Association of America or with any other public or private

590 system, organization, or company during any period in which required contributions based on
591 compensation have been paid on behalf of the employee by the employer.
592 (ii) The employee, upon cessation of the participating employer contributions, shall
593 immediately become eligible for service credit in this system.
594 (c) An employee serving as an exchange employee from outside the state.
595 (d) An executive department head of the state or a legislative director, senior executive
596 employed by the governor's office, a member of the State Tax Commission, a member of the
597 Public Service Commission, and a member of a full-time or part-time board or commission
598 who files a formal request for exemption.
599 (e) An employee of the Department of Workforce Services who is covered under
600 another retirement system allowed under Title 35A, Chapter 4, Employment Security Act.
601 (f) (i) An employee who is employed with an employer that has elected to be excluded
602 from participation in this system under Subsection 49-13-202 (5), effective on or after the date
603 of the employer's election under Subsection 49-13-202 (5).
604 (ii) Notwithstanding the provisions of this Subsection (1)(f), any eligibility for service
605 credit earned by an employee under this chapter before the date of the election under
606 Subsection 49-13-202 (5) is not affected under this Subsection (1)(f).
607 (2) Upon filing a written request for exemption with the office, the following
608 employees shall be exempt from coverage under this system:
609 (a) a full-time student or the spouse of a full-time student and individuals employed in
610 a trainee relationship;
611 (b) an elected official;
612 (c) an executive department head of the state, a member of the State Tax Commission,
613 a member of the Public Service Commission, and a member of a full-time or part-time board or
614 commission;
615 (d) an employee of the Governor's Office of [Planning] Management and Budget;
616 (e) an employee of the Governor's Office of Economic Development;
617 (f) an employee of the Commission on Criminal and Juvenile Justice;

618 (g) an employee of the Governor's Office;
619 (h) an employee of the State Auditor's Office;
620 (i) an employee of the State Treasurer's Office;
621 (j) any other member who is permitted to make an election under Section 49-11-406 ;
622 (k) a person appointed as a city manager or chief city administrator or another person
623 employed by a municipality, county, or other political subdivision, who is an at-will employee;
624 (l) an employee of an interlocal cooperative agency created under Title 11, Chapter 13,
625 Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided through
626 membership in a labor organization that provides retirement benefits to its members; and
627 (m) an employee of the Utah Science Technology and Research Initiative created under
628 Title 63M, Chapter 2, Utah Technology Research and Governing Authority Act.
629 (3) (a) Each participating employer shall prepare a list designating those positions
630 eligible for exemption under Subsection (2).
631 (b) An employee may not be exempted unless the employee is employed in a position
632 designated by the participating employer.
633 (4) (a) In accordance with this section, a municipality, county, or political subdivision
634 may not exempt more than 50 positions or a number equal to 10% of the employees of the
635 municipality, county, or political subdivision, whichever is lesser.
636 (b) A municipality, county, or political subdivision may exempt at least one regular
637 full-time employee.
638 (5) Each participating employer shall:
639 (a) file employee exemptions annually with the office; and
640 (b) update the employee exemptions in the event of any change.
641 (6) The office may make rules to implement this section.
642 Section 12. Section 49-20-410 is amended to read:
643 49-20-410. High deductible health plan -- Health savings account --
644 Contributions.
645 (1) (a) In addition to other employee benefit plans offered under Subsection

646 49-20-201 (1), the office shall offer at least one federally qualified high deductible health plan
647 with a health savings account as an optional health plan.
648 (b) The provisions and limitations of the plan shall be:
649 (i) determined by the office in accordance with federal requirements and limitations;
650 and
651 (ii) designed to promote appropriate health care utilization by consumers, including
652 preventive health care services.
653 (c) A state employee hired on or after July 1, 2011, who is offered a plan under
654 Subsection 49-20-202 (1)(a), shall be enrolled in a federally qualified high deductible health
655 plan unless the employee chooses a different health benefit plan during the employee's open
656 enrollment period.
657 (2) The office shall:
658 (a) administer the high deductible health plan in coordination with a health savings
659 account for medical expenses for each covered individual in the high deductible health plan;
660 (b) offer to all employees training regarding all health plans offered to employees;
661 (c) prepare online training as an option for the training required by Subsections (2)(b)
662 and (4);
663 (d) ensure the training offered under Subsections (2)(b) and (c) includes information on
664 changing coverages to the high deductible plan with a health savings account, including
665 coordination of benefits with other insurances, restrictions on other insurance coverages, and
666 general tax implications; and
667 (e) coordinate annual open enrollment with the Department of Human Resource
668 Management to give state employees the opportunity to affirmatively select preferences from
669 among insurance coverage options.
670 (3) (a) Contributions to the health savings account may be made by the employer.
671 (b) The amount of the employer contributions under Subsection (3)(a) shall be
672 determined annually by the office, after consultation with the Department of Human Resource
673 Management and the Governor's Office of [Planning] Management and Budget so that the

674 annual employer contribution amount reflects the difference in the actuarial value between the
675 program's health maintenance organization coverage and the federally qualified high deductible
676 health plan coverage, after taking into account any difference in employee premium
677 contribution.
678 (c) The office shall distribute the annual amount determined under Subsection (3)(b) to
679 employees in two equal amounts with a pay date in January and a pay date in July of each plan
680 year.
681 (d) An employee may also make contributions to the health savings account.
682 (4) The program shall offer a state employee and the employee's eligible dependents
683 the option to continue coverage under the employee's high deductible health plan in place of a
684 conversion policy under Section 31A-22-723 if:
685 (a) the employee was covered by the state employee's high deductible health plan for at
686 least the four years before the date of termination of employment;
687 (b) the employee or the employee's eligible dependents have exhausted federal
688 COBRA coverage with the same or similar state employee's high deductible health plan; and
689 (c) the employee pays the premium group rate determined by the office for the
690 coverage.
691 (5) (a) An employer participating in a plan offered under Subsection 49-20-202 (1)(a)
692 shall require each employee to complete training on the health plan options available to the
693 employee.
694 (b) The training required by Subsection (5)(a):
695 (i) shall include materials prepared by the office under Subsection (2);
696 (ii) may be completed online; and
697 (iii) shall be completed:
698 (A) before the end of the 2012 open enrollment period for current enrollees in the
699 program; and
700 (B) for employees hired on or after July 1, 2011, before the employee's selection of a
701 plan in the program.

702 Section 13. Section 49-22-401 is amended to read:
703 49-22-401. Contributions -- Rates.
704 (1) Up to the amount allowed by federal law, the participating employer shall make a
705 nonelective contribution of 10% of the participant's compensation to a defined contribution
706 plan.
707 (2) (a) The participating employer shall contribute the 10% nonelective contribution
708 described in Subsection (1) to a defined contribution plan qualified under Section 401(k) of the
709 Internal Revenue Code which:
710 (i) is sponsored by the board; and
711 (ii) has been grandfathered under Section 1116 of the Federal Tax Reform Act of 1986.
712 (b) The member may make voluntary deferrals to:
713 (i) the qualified 401(k) plan which receives the employer contribution described in this
714 Subsection (2); or
715 (ii) at the member's option, another defined contribution plan established by the
716 participating employer.
717 (c) In addition to the percent specified under Subsection (2)(a), the participating
718 employer shall pay the corresponding Tier I system amortization rate of the employee's
719 compensation to the office to be applied to the employer's corresponding Tier I system liability.
720 (3) (a) Except as provided under Subsection (3)(c), the total amount contributed by the
721 participating employer under Subsection (2)(a) vests to the member upon accruing four years
722 employment as a regular full-time employee under this title.
723 (b) The total amount contributed by the member under Subsection (2)(b) vests to the
724 member's benefit immediately and is nonforfeitable.
725 (c) Upon filing a written request for exemption with the office, the following
726 employees are exempt from the vesting requirements of Subsection (3)(a):
727 (i) an executive department head of the state;
728 (ii) a member of the State Tax Commission;
729 (iii) a member of the Public Service Commission;

730 (iv) an employee of the Governor's Office of [Planning] Management and Budget;
731 (v) an employee of the Governor's Office of Economic Development;
732 (vi) an employee of the Commission on Criminal and Juvenile Justice;
733 (vii) an employee of the Governor's Office;
734 (viii) an employee of the State Auditor's Office;
735 (ix) an employee of the State Treasurer's Office;
736 (x) a person appointed as a city manager or appointed as a city administrator or another
737 at-will employee of a municipality, county, or other political subdivision;
738 (xi) an employee of an interlocal cooperative agency created under Title 11, Chapter
739 13, Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided
740 through membership in a labor organization that provides retirement benefits to its members;
741 and
742 (xii) an employee of the Utah Science Technology and Research Initiative created
743 under Title 63M, Chapter 2, Utah Science Technology and Research Governing Authority Act.
744 (d) (i) A participating employer shall prepare a list designating those positions eligible
745 for exemption under Subsection (3)(c).
746 (ii) An employee may not be exempted unless the employee is employed in a position
747 designated by the participating employer under Subsection (3)(c).
748 (e) (i) In accordance with this section, a municipality, county, or political subdivision
749 may not exempt more than 50 positions or a number equal to 10% of the employees of the
750 municipality, county, or political subdivision, whichever is less.
751 (ii) A municipality, county, or political subdivision may exempt at least one regular
752 full-time employee.
753 (f) Each participating employer shall:
754 (i) file each employee exemption annually with the office; and
755 (ii) update an employee exemption in the event of any change.
756 (g) (i) The office shall make rules to implement this Subsection (3).
757 (ii) The rules made under Subsection (3)(g)(i) shall include provisions to allow the

758 exemption provided under Subsection (3)(c) to apply to all contributions made beginning on or
759 after July 1, 2011, on behalf of an exempted employee who began the employment before May
760 8, 2012.
761 (4) (a) Contributions made by a participating employer under Subsection (2)(a) shall be
762 invested in a default option selected by the board until the member is vested in accordance with
763 Subsection (3)(a).
764 (b) A member may direct the investment of contributions including associated
765 investment gains and losses made by a participating employer under Subsection (2)(a) only
766 after the contributions have vested in accordance with Subsection (3)(a).
767 (c) A member may direct the investment of contributions made by the member under
768 Subsection (3)(b).
769 (5) No loans shall be available from contributions made by a participating employer
770 under Subsection (2)(a).
771 (6) No hardship distributions shall be available from contributions made by a
772 participating employer under Subsection (2)(a).
773 (7) (a) Except as provided in Subsection (7)(b), if a member terminates employment
774 with a participating employer prior to the vesting period described in Subsection (3)(a), all
775 contributions made by a participating employer on behalf of the member including associated
776 investment gains and losses under Subsection (2)(a) are subject to forfeiture.
777 (b) If a member who terminates employment with a participating employer prior to the
778 vesting period described in Subsection (3)(a) subsequently enters employment with the same or
779 another participating employer within 10 years of the termination date of the previous
780 employment:
781 (i) all contributions made by the previous participating employer on behalf of the
782 member including associated investment gains and losses shall be reinstated upon the member's
783 employment as a regular full-time employee; and
784 (ii) the length of time that the member worked with the previous employer shall be
785 included in determining whether the member has completed the vesting period under

786 Subsection (3)(a).
787 (c) The office shall establish a forfeiture account and shall specify the uses of the
788 forfeiture account, which may include an offset against administrative costs or employer
789 contributions made under this section.
790 (8) The office may request from any other qualified 401(k) plan under Subsection (2)
791 any relevant information pertaining to the maintenance of its tax qualification under the
792 Internal Revenue Code.
793 (9) The office may take any action which in its judgment is necessary to maintain the
794 tax-qualified status of its 401(k) defined contribution plan under federal law.
795 Section 14. Section 53A-17a-105 is amended to read:
796 53A-17a-105. Powers and duties of State Board of Education to adjust Minimum
797 School Program allocations.
798 (1) Except as provided in Subsection (2) or (4), if the number of weighted pupil units
799 in a program is underestimated, the State Board of Education shall reduce the value of the
800 weighted pupil unit in that program so that the total amount paid for the program does not
801 exceed the amount appropriated for the program.
802 (2) If the number of weighted pupil units in a program is overestimated, the State
803 Board of Education shall spend excess money appropriated for the following purposes giving
804 priority to the purpose described in Subsection (2)(a):
805 (a) to support the value of the weighted pupil unit in a program within the basic
806 state-supported school program in which the number of weighted pupil units is underestimated;
807 (b) to support the state guarantee per weighted pupil unit provided under the voted
808 local levy program established in Section 53A-17a-133 or the board local levy program
809 established in Section 53A-17a-164 , if:
810 (i) local contributions to the voted local levy program or board local levy program are
811 overestimated; or
812 (ii) the number of weighted pupil units within school districts qualifying for a
813 guarantee is underestimated;

814 (c) to support the state supplement to local property taxes allocated to charter schools,
815 if the state supplement is less than the amount prescribed by Subsection 53A-1a-513 (4); or
816 (d) to support a school district with a loss in student enrollment as provided in Section
817 53A-17a-139 .
818 (3) If local contributions from the minimum basic tax rate imposed under Section
819 53A-17a-135 are overestimated, the State Board of Education shall reduce the value of the
820 weighted pupil unit for all programs within the basic state-supported school program so the
821 total state contribution to the basic state-supported school program does not exceed the amount
822 of state funds appropriated.
823 (4) If local contributions from the minimum basic tax rate imposed under Section
824 53A-17a-135 are underestimated, the State Board of Education shall:
825 (a) spend the excess local contributions for the purposes specified in Subsection (2),
826 giving priority to supporting the value of the weighted pupil unit in programs within the basic
827 state-supported school program in which the number of weighted pupil units is underestimated;
828 and
829 (b) reduce the state contribution to the basic state-supported school program so the
830 total cost of the basic state-supported school program does not exceed the total state and local
831 funds appropriated to the basic state-supported school program plus the local contributions
832 necessary to support the value of the weighted pupil unit in programs within the basic
833 state-supported school program in which the number of weighted pupil units is underestimated.
834 (5) Except as provided in Subsection (2) or (4), the State Board of Education shall
835 reduce the guarantee per weighted pupil unit provided under the voted local levy program
836 established in Section 53A-17a-133 or board local levy program established in Section
837 53A-17a-164 , if:
838 (a) local contributions to the voted local levy program or board local levy program are
839 overestimated; or
840 (b) the number of weighted pupil units within school districts qualifying for a
841 guarantee is underestimated.

842 (6) Money appropriated to the State Board of Education is nonlapsing.
843 (7) The State Board of Education shall report actions taken by the board under this
844 section to the Office of the Legislative Fiscal Analyst and the Governor's Office of [Planning]
845 Management and Budget.
846 Section 15. Section 53B-2a-104 is amended to read:
847 53B-2a-104. Utah College of Applied Technology Board of Trustees -- Powers
848 and duties.
849 (1) The Utah College of Applied Technology Board of Trustees is vested with the
850 control, management, and supervision of the Utah College of Applied Technology college
851 campuses in a manner consistent with the policy and purpose of this title and the specific
852 powers and responsibilities granted to it.
853 (2) The Utah College of Applied Technology Board of Trustees shall:
854 (a) ensure that the Utah College of Applied Technology college campuses comply with
855 the requirements in Section 53B-2a-106 ;
856 (b) appoint the president for the Utah College of Applied Technology in accordance
857 with Section 53B-2a-102 ;
858 (c) advise the president of the Utah College of Applied Technology and the State
859 Board of Regents on issues related to career and technical education, including articulation
860 with institutions of higher education and public education;
861 (d) receive budget requests from each college campus, compile and prioritize the
862 requests, and submit the request to:
863 (i) the Legislature; and
864 (ii) the Governor's Office of [Planning] Management and Budget;
865 (e) receive funding requests pertaining to capital facilities and land purchases from
866 each college campus, ensure that the requests comply with Section 53B-2a-112 , prioritize the
867 requests, and submit the prioritized requests to the State Building Board;
868 (f) in conjunction with the Utah College of Applied Technology president, establish
869 benchmarks, provide oversight, evaluate program performance, and obtain independent audits

870 to ensure that campuses follow the non-credit career and technical education mission described
871 in this part;
872 (g) approve programs for the Utah College of Applied Technology;
873 (h) approve the tuition rates for the Utah College of Applied Technology;
874 (i) prepare and submit an annual report detailing its progress and recommendations on
875 career and technical education issues to the governor and to the Legislature's Education Interim
876 Committee by October 31 of each year, which shall include information detailing:
877 (i) how the career and technical education needs of secondary students are being met,
878 including what access secondary students have to programs offered at college campuses;
879 (ii) how the emphasis on high demand, high wage, and high skill jobs in business and
880 industry described in Subsection 53B-2a-106 (1)(c)(ii) is being provided;
881 (iii) performance outcomes, including:
882 (A) entered employment;
883 (B) job retention; and
884 (C) earnings; and
885 (iv) student tuition and fees; and
886 (j) collaborate with the State Board of Regents, the State Board of Education, the State
887 System of Public Education, the State System of Higher Education, the Department of
888 Workforce Services, and the Governor's Office of Economic Development on the delivery of
889 career and technical education.
890 (3) The Utah College of Applied Technology Board of Trustees, the president of the
891 Utah College of Applied Technology, and the Utah College of Applied Technology's college
892 campuses, presidents, and boards of directors may not conduct a feasibility study or perform
893 another act relating to offering a degree or awarding credit.
894 Section 16. Section 53B-2a-110 is amended to read:
895 53B-2a-110. Campus board of directors -- Powers and duties.
896 (1) A campus board of directors shall:
897 (a) assist the campus president in preparing a budget request for its annual operations

898 to the Utah College of Applied Technology Board of Trustees;
899 (b) after consulting with the Utah College of Applied Technology, other higher
900 education institutions, school districts, and charter schools within its region, prepare a
901 comprehensive strategic plan for delivering career and technical education within its region;
902 (c) consult with business, industry, the Department of Workforce Services, the
903 Governor's Office of Economic Development, and the Governor's Office of [Planning]
904 Management and Budget on an ongoing basis to determine what workers and skills are needed
905 for employment in Utah businesses and industries;
906 (d) develop programs based upon the information gathered in accordance with
907 Subsection (1)(c), including expedited program approval and termination procedures to meet
908 market needs;
909 (e) adopt an annual budget and fund balances;
910 (f) develop policies for the operation of career and technical education facilities under
911 its jurisdiction;
912 (g) establish human resources and compensation policies for all employees in
913 accordance with policies of the Utah College of Applied Technology Board of Trustees;
914 (h) approve credentials for employees and assign employees to duties in accordance
915 with the Utah College of Applied Technology Board of Trustees policies and accreditation
916 guidelines;
917 (i) conduct annual program evaluations;
918 (j) appoint program advisory committees and other advisory groups to provide counsel,
919 support, and recommendations for updating and improving the effectiveness of training
920 programs and services;
921 (k) approve regulations, both regular and emergency, to be issued and executed by the
922 campus president;
923 (l) coordinate with local school boards, school districts, and charter schools to meet the
924 career and technical education needs of secondary students; and
925 (m) develop policies and procedures for the admission, classification, instruction, and

926 examination of students in accordance with the policies and accreditation guidelines of the
927 Utah College of Applied Technology and the State Board of Education.
928 (2) Subsection (1)(g) does not apply to a campus president.
929 (3) A campus board of directors may not exercise any jurisdiction over career and
930 technical education provided by a school district or charter school or provided by a higher
931 education institution independently of a college campus.
932 (4) If a program advisory committee or other advisory group submits a printed
933 recommendation to the campus board of directors, the campus board of directors shall
934 acknowledge the recommendation with a printed response that explains the campus board of
935 directors' action regarding the recommendation and the reasons for the action.
936 Section 17. Section 53B-16-210 is amended to read:
937 53B-16-210. Salt Lake Community College -- School of Applied Technology
938 Board of Directors -- Membership -- Duties.
939 (1) Salt Lake Community College's School of Applied Technology shall have a board
940 of directors composed of the following 14 members:
941 (a) one elected local school board member appointed by the board of education for the
942 Salt Lake City School District;
943 (b) one elected local school board member appointed by the board of education for the
944 Granite School District;
945 (c) one elected local school board member appointed by the board of education for the
946 Canyons School District;
947 (d) one elected local school board member appointed by the board of education for the
948 Jordan School District;
949 (e) one elected local school board member appointed by the board of education for the
950 Murray School District;
951 (f) one member of the Salt Lake Community College board of trustees, appointed by
952 the chair of the board of trustees;
953 (g) one representative of groups who advocate for or provide services to populations of

954 disadvantaged students, appointed by the president of Salt Lake Community College, in
955 consultation with the School of Applied Technology's Board of Directors; and
956 (h) seven representatives of business or industry employers within the region,
957 appointed by the president of Salt Lake Community College, in consultation with the School of
958 Applied Technology's Board of Directors, from names provided by business and industry
959 associations representing sectors that employ workers with career and technical education.
960 (2) The School of Applied Technology's Board of Directors shall:
961 (a) consult on an ongoing basis with:
962 (i) Salt Lake Community College;
963 (ii) school districts and charter schools within its region;
964 (iii) business and industry;
965 (iv) craft, trade, and apprenticeship programs;
966 (v) the Department of Workforce Services;
967 (vi) the Governor's Office of Economic Development; and
968 (vii) the Governor's Office of [Planning] Management and Budget;
969 (b) prepare a comprehensive strategic plan for delivering career and technical
970 education within Salt Lake County;
971 (c) make recommendations regarding what skills are needed for employment in
972 businesses and industries;
973 (d) recommend the development of programs based upon the information gathered in
974 accordance with Subsection (2)(a), including expedited program approval and termination
975 procedures to meet market needs;
976 (e) conduct annual program evaluations;
977 (f) jointly appoint School of Applied Technology program advisory committees and
978 other School of Applied Technology program advisory groups with the dean of the School of
979 Applied Technology to provide counsel, support, and recommendations for updating and
980 improving the effectiveness of non-credit career and technical education programs and
981 services;

982 (g) coordinate with local school boards, school districts, and charter schools to protect
983 and enhance the non-credit career and technical education needs of secondary students;
984 (h) adopt an annual budget and fund balances for the School of Applied Technology;
985 (i) develop policies and procedures for the operation of the School of Applied
986 Technology facilities under its jurisdiction;
987 (j) recommend credentials for employees and the assignment of employees to duties in
988 accordance with:
989 (i) State Board of Regents and Salt Lake Community College policies;
990 (ii) the Council on Occupational Education accreditation guidelines; and
991 (iii) the Northwest Commission on Colleges and Universities accreditation guidelines;
992 (k) develop policies and procedures for the admission, classification, instruction, and
993 examination of students in accordance with the policies and accreditation guidelines of the
994 Council on Occupational Education, the Northwest Commission on Colleges and Universities,
995 the State Board of Regents, Salt Lake Community College Board of Trustees, and the State
996 Board of Education; and
997 (l) communicate regularly with the president of Salt Lake Community College
998 regarding career and technical education issues.
999 (3) If a program advisory committee or other advisory group submits a written
1000 recommendation to the School of Applied Technology's Board of Directors, the board of
1001 directors shall acknowledge the recommendation with a printed response that explains the
1002 board of directors' action regarding the recommendation and the reasons for the action.
1003 (4) (a) If the School of Applied Technology Board of Directors has specific
1004 recommendations to the Salt Lake Community College president, the recommendations shall
1005 be in a written form.
1006 (b) Recommendations described under Subsection (4)(a) may include:
1007 (i) additions, deletions, or expansions of non-credit career and technical education
1008 programs at Salt Lake Community College;
1009 (ii) updates and improvements in the effectiveness of School of Applied Technology

1010 non-credit career and technical education programs and services, including expedited program
1011 approval and termination of procedures, consistent with Board of Regents' policy;
1012 (iii) responsibilities described under Subsection (2); and
1013 (iv) other recommendations relating to the non-credit career and technical education
1014 mission of Salt Lake Community College.
1015 (c) If the president of Salt Lake Community College rejects a specific recommendation
1016 of the board of directors, the president shall:
1017 (i) notify the board of directors in writing within 10 working days of the rejection and
1018 the reasons for the rejection; and
1019 (ii) provide the board of directors an opportunity to modify its specific
1020 recommendation and resubmit it to the president.
1021 (5) The president of Salt Lake Community College and the chair of the School of
1022 Applied Technology's Board of Directors shall annually meet with the Utah College of Applied
1023 Technology Board of Trustees to provide:
1024 (a) the information described in Subsection 53B-16-209 (4)(g); and
1025 (b) a report on the implementation of specific recommendations described in
1026 Subsection (4).
1027 (6) Salt Lake Community College School of Applied Technology shall provide staff
1028 support for the School of Applied Technology's Board of Directors.
1029 Section 18. Section 59-1-403 is amended to read:
1030 59-1-403. Confidentiality -- Exceptions -- Penalty -- Application to property tax.
1031 (1) (a) Any of the following may not divulge or make known in any manner any
1032 information gained by that person from any return filed with the commission:
1033 (i) a tax commissioner;
1034 (ii) an agent, clerk, or other officer or employee of the commission; or
1035 (iii) a representative, agent, clerk, or other officer or employee of any county, city, or
1036 town.
1037 (b) An official charged with the custody of a return filed with the commission is not

1038 required to produce the return or evidence of anything contained in the return in any action or
1039 proceeding in any court, except:
1040 (i) in accordance with judicial order;
1041 (ii) on behalf of the commission in any action or proceeding under:
1042 (A) this title; or
1043 (B) other law under which persons are required to file returns with the commission;
1044 (iii) on behalf of the commission in any action or proceeding to which the commission
1045 is a party; or
1046 (iv) on behalf of any party to any action or proceeding under this title if the report or
1047 facts shown by the return are directly involved in the action or proceeding.
1048 (c) Notwithstanding Subsection (1)(b), a court may require the production of, and may
1049 admit in evidence, any portion of a return or of the facts shown by the return, as are specifically
1050 pertinent to the action or proceeding.
1051 (2) This section does not prohibit:
1052 (a) a person or that person's duly authorized representative from receiving a copy of
1053 any return or report filed in connection with that person's own tax;
1054 (b) the publication of statistics as long as the statistics are classified to prevent the
1055 identification of particular reports or returns; and
1056 (c) the inspection by the attorney general or other legal representative of the state of the
1057 report or return of any taxpayer:
1058 (i) who brings action to set aside or review a tax based on the report or return;
1059 (ii) against whom an action or proceeding is contemplated or has been instituted under
1060 this title; or
1061 (iii) against whom the state has an unsatisfied money judgment.
1062 (3) (a) Notwithstanding Subsection (1) and for purposes of administration, the
1063 commission may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative
1064 Rulemaking Act, provide for a reciprocal exchange of information with:
1065 (i) the United States Internal Revenue Service; or

1066 (ii) the revenue service of any other state.
1067 (b) Notwithstanding Subsection (1) and for all taxes except individual income tax and
1068 corporate franchise tax, the commission may by rule, made in accordance with Title 63G,
1069 Chapter 3, Utah Administrative Rulemaking Act, share information gathered from returns and
1070 other written statements with the federal government, any other state, any of the political
1071 subdivisions of another state, or any political subdivision of this state, except as limited by
1072 Sections 59-12-209 and 59-12-210 , if the political subdivision, other state, or the federal
1073 government grant substantially similar privileges to this state.
1074 (c) Notwithstanding Subsection (1) and for all taxes except individual income tax and
1075 corporate franchise tax, the commission may by rule, in accordance with Title 63G, Chapter 3,
1076 Utah Administrative Rulemaking Act, provide for the issuance of information concerning the
1077 identity and other information of taxpayers who have failed to file tax returns or to pay any tax
1078 due.
1079 (d) Notwithstanding Subsection (1), the commission shall provide to the director of the
1080 Division of Solid and Hazardous Waste, as defined in Section 19-6-102 , as requested by the
1081 director of the Division of Solid and Hazardous Waste, any records, returns, or other
1082 information filed with the commission under Chapter 13, Motor and Special Fuel Tax Act, or
1083 Section 19-6-410.5 regarding the environmental assurance program participation fee.
1084 (e) Notwithstanding Subsection (1), at the request of any person the commission shall
1085 provide that person sales and purchase volume data reported to the commission on a report,
1086 return, or other information filed with the commission under:
1087 (i) Chapter 13, Part 2, Motor Fuel; or
1088 (ii) Chapter 13, Part 4, Aviation Fuel.
1089 (f) Notwithstanding Subsection (1), upon request from a tobacco product manufacturer,
1090 as defined in Section 59-22-202 , the commission shall report to the manufacturer:
1091 (i) the quantity of cigarettes, as defined in Section 59-22-202 , produced by the
1092 manufacturer and reported to the commission for the previous calendar year under Section
1093 59-14-407 ; and

1094 (ii) the quantity of cigarettes, as defined in Section 59-22-202 , produced by the
1095 manufacturer for which a tax refund was granted during the previous calendar year under
1096 Section 59-14-401 and reported to the commission under Subsection 59-14-401 (1)(a)(v).
1097 (g) Notwithstanding Subsection (1), the commission shall notify manufacturers,
1098 distributors, wholesalers, and retail dealers of a tobacco product manufacturer that is prohibited
1099 from selling cigarettes to consumers within the state under Subsection 59-14-210 (2).
1100 (h) Notwithstanding Subsection (1), the commission may:
1101 (i) provide to the Division of Consumer Protection within the Department of
1102 Commerce and the attorney general data:
1103 (A) reported to the commission under Section 59-14-212 ; or
1104 (B) related to a violation under Section 59-14-211 ; and
1105 (ii) upon request, provide to any person data reported to the commission under
1106 Subsections 59-14-212 (1)(a) through (c) and Subsection 59-14-212 (1)(g).
1107 (i) Notwithstanding Subsection (1), the commission shall, at the request of a committee
1108 of the Legislature, the Office of the Legislative Fiscal Analyst, or the Governor's Office of
1109 [Planning] Management and Budget, provide to the committee or office the total amount of
1110 revenues collected by the commission under Chapter 24, Radioactive Waste Facility Tax Act,
1111 for the time period specified by the committee or office.
1112 (j) Notwithstanding Subsection (1), the commission shall make the directory required
1113 by Section 59-14-603 available for public inspection.
1114 (k) Notwithstanding Subsection (1), the commission may share information with
1115 federal, state, or local agencies as provided in Subsection 59-14-606 (3).
1116 (l) (i) Notwithstanding Subsection (1), the commission shall provide the Office of
1117 Recovery Services within the Department of Human Services any relevant information
1118 obtained from a return filed under Chapter 10, Individual Income Tax Act, regarding a taxpayer
1119 who has become obligated to the Office of Recovery Services.
1120 (ii) The information described in Subsection (3)(l)(i) may be provided by the Office of
1121 Recovery Services to any other state's child support collection agency involved in enforcing

1122 that support obligation.
1123 (m) (i) Notwithstanding Subsection (1), upon request from the state court
1124 administrator, the commission shall provide to the state court administrator, the name, address,
1125 telephone number, county of residence, and Social Security number on resident returns filed
1126 under Chapter 10, Individual Income Tax Act.
1127 (ii) The state court administrator may use the information described in Subsection
1128 (3)(m)(i) only as a source list for the master jury list described in Section 78B-1-106 .
1129 (n) Notwithstanding Subsection (1), the commission shall at the request of a
1130 committee, commission, or task force of the Legislature provide to the committee, commission,
1131 or task force of the Legislature any information relating to a tax imposed under Chapter 9,
1132 Taxation of Admitted Insurers, relating to the study required by Section 59-9-101 .
1133 (o) (i) As used in this Subsection (3)(o), "office" means the:
1134 (A) Office of the Legislative Fiscal Analyst; or
1135 (B) Office of Legislative Research and General Counsel.
1136 (ii) Notwithstanding Subsection (1) and except as provided in Subsection (3)(o)(iii),
1137 the commission shall at the request of an office provide to the office all information:
1138 (A) gained by the commission; and
1139 (B) required to be attached to or included in returns filed with the commission.
1140 (iii) (A) An office may not request and the commission may not provide to an office a
1141 person's:
1142 (I) address;
1143 (II) name;
1144 (III) Social Security number; or
1145 (IV) taxpayer identification number.
1146 (B) The commission shall in all instances protect the privacy of a person as required by
1147 Subsection (3)(o)(iii)(A).
1148 (iv) An office may provide information received from the commission in accordance
1149 with this Subsection (3)(o) only:

1150 (A) as:
1151 (I) a fiscal estimate;
1152 (II) fiscal note information; or
1153 (III) statistical information; and
1154 (B) if the information is classified to prevent the identification of a particular return.
1155 (v) (A) A person may not request information from an office under Title 63G, Chapter
1156 2, Government Records Access and Management Act, or this section, if that office received the
1157 information from the commission in accordance with this Subsection (3)(o).
1158 (B) An office may not provide to a person that requests information in accordance with
1159 Subsection (3)(o)(v)(A) any information other than the information the office provides in
1160 accordance with Subsection (3)(o)(iv).
1161 (p) Notwithstanding Subsection (1), the commission may provide to the governing
1162 board of the agreement or a taxing official of another state, the District of Columbia, the United
1163 States, or a territory of the United States:
1164 (i) the following relating to an agreement sales and use tax:
1165 (A) information contained in a return filed with the commission;
1166 (B) information contained in a report filed with the commission;
1167 (C) a schedule related to Subsection (3)(p)(i)(A) or (B); or
1168 (D) a document filed with the commission; or
1169 (ii) a report of an audit or investigation made with respect to an agreement sales and
1170 use tax.
1171 (q) Notwithstanding Subsection (1), the commission may provide information
1172 concerning a taxpayer's state income tax return or state income tax withholding information to
1173 the Driver License Division if the Driver License Division:
1174 (i) requests the information; and
1175 (ii) provides the commission with a signed release form from the taxpayer allowing the
1176 Driver License Division access to the information.
1177 (r) Notwithstanding Subsection (1), the commission shall provide to the Utah 911

1178 Committee the information requested by the Utah 911 Committee under Subsection
1179 53-10-602 (3).
1180 (s) Notwithstanding Subsection (1), the commission shall provide to the Utah
1181 Educational Savings Plan information related to a resident or nonresident individual's
1182 contribution to a Utah Educational Savings Plan account as designated on the resident or
1183 nonresident's individual income tax return as provided under Section 59-10-1313 .
1184 (t) Notwithstanding Subsection (1), for the purpose of verifying eligibility under
1185 Sections 26-18-2.5 and 26-40-105 , the commission shall provide an eligibility worker with the
1186 Department of Health or its designee with the adjusted gross income of an individual if:
1187 (i) an eligibility worker with the Department of Health or its designee requests the
1188 information from the commission; and
1189 (ii) the eligibility worker has complied with the identity verification and consent
1190 provisions of Sections 26-18-2.5 and 26-40-105 .
1191 (u) Notwithstanding Subsection (1), the commission may provide to a county, as
1192 determined by the commission, information declared on an individual income tax return in
1193 accordance with Section 59-10-103.1 that relates to eligibility to claim a residential exemption
1194 authorized under Section 59-2-103 .
1195 (4) (a) Each report and return shall be preserved for at least three years.
1196 (b) After the three-year period provided in Subsection (4)(a) the commission may
1197 destroy a report or return.
1198 (5) (a) Any person who violates this section is guilty of a class A misdemeanor.
1199 (b) If the person described in Subsection (5)(a) is an officer or employee of the state,
1200 the person shall be dismissed from office and be disqualified from holding public office in this
1201 state for a period of five years thereafter.
1202 (c) Notwithstanding Subsection (5)(a) or (b), an office that requests information in
1203 accordance with Subsection (3)(o)(iii) or a person that requests information in accordance with
1204 Subsection (3)(o)(v):
1205 (i) is not guilty of a class A misdemeanor; and

1206 (ii) is not subject to:
1207 (A) dismissal from office in accordance with Subsection (5)(b); or
1208 (B) disqualification from holding public office in accordance with Subsection (5)(b).
1209 (6) Except as provided in Section 59-1-404 , this part does not apply to the property tax.
1210 Section 19. Section 59-5-102 is amended to read:
1211 59-5-102. Severance tax -- Rate -- Computation -- Annual exemption -- Tax credit
1212 -- Tax rate reduction -- Study by Revenue and Taxation Interim Committee.
1213 (1) (a) Subject to Subsection (1)(b), a person owning an interest in oil or gas produced
1214 from a well in the state, including a working interest, royalty interest, payment out of
1215 production, or any other interest, or in the proceeds of the production of oil or gas, shall pay to
1216 the state a severance tax on the basis of the value determined under Section 59-5-103.1 of the
1217 oil or gas:
1218 (i) produced; and
1219 (ii) (A) saved;
1220 (B) sold; or
1221 (C) transported from the field where the substance was produced.
1222 (b) This section applies to an interest in oil or gas produced from a well in the state or
1223 in the proceeds of the production of oil or gas produced from a well in the state except for:
1224 (i) an interest of the United States in oil or gas or in the proceeds of the production of
1225 oil or gas;
1226 (ii) an interest of the state or a political subdivision of the state in oil or gas or in the
1227 proceeds of the production of oil or gas; or
1228 (iii) an interest of an Indian or Indian tribe as defined in Section 9-9-101 in oil or gas or
1229 in the proceeds of the production of oil or gas produced from land under the jurisdiction of the
1230 United States.
1231 (2) (a) Subject to Subsection (2)(d), the severance tax rate for oil is as follows:
1232 (i) 3% of the value of the oil up to and including the first $13 per barrel for oil; and
1233 (ii) 5% of the value of the oil from $13.01 and above per barrel for oil.

1234 (b) Subject to Subsection (2)(d), the severance tax rate for natural gas is as follows:
1235 (i) 3% of the value of the natural gas up to and including the first $1.50 per MCF for
1236 gas; and
1237 (ii) 5% of the value of the natural gas from $1.51 and above per MCF for gas.
1238 (c) Subject to Subsection (2)(d), the severance tax rate for natural gas liquids is 4% of
1239 the value of the natural gas liquids.
1240 (d) (i) On or before December 15, 2004, the Office of the Legislative Fiscal Analyst
1241 and the Governor's Office of [Planning] Management and Budget shall prepare a revenue
1242 forecast estimating the amount of revenues that:
1243 (A) would be generated by the taxes imposed by this part for the calendar year
1244 beginning on January 1, 2004 had 2004 General Session S.B. 191 not taken effect; and
1245 (B) will be generated by the taxes imposed by this part for the calendar year beginning
1246 on January 1, 2004.
1247 (ii) Effective on January 1, 2005, the tax rates described in Subsections (2)(a) through
1248 (c) shall be:
1249 (A) increased as provided in Subsection (2)(d)(iii) if the amount of revenues estimated
1250 under Subsection (2)(d)(i)(B) is less than the amount of revenues estimated under Subsection
1251 (2)(d)(i)(A); or
1252 (B) decreased as provided in Subsection (2)(d)(iii) if the amount of revenues estimated
1253 under Subsection (2)(d)(i)(B) is greater than the amount of revenues estimated under
1254 Subsection (2)(d)(i)(A).
1255 (iii) For purposes of Subsection (2)(d)(ii):
1256 (A) subject to Subsection (2)(d)(iv)(B):
1257 (I) if an increase is required under Subsection (2)(d)(ii)(A), the total increase in the tax
1258 rates shall be by the amount necessary to generate for the calendar year beginning on January 1,
1259 2005 revenues equal to the amount by which the revenues estimated under Subsection
1260 (2)(d)(i)(A) exceed the revenues estimated under Subsection (2)(d)(i)(B); or
1261 (II) if a decrease is required under Subsection (2)(d)(ii)(B), the total decrease in the tax

1262 rates shall be by the amount necessary to reduce for the calendar year beginning on January 1,
1263 2005 revenues equal to the amount by which the revenues estimated under Subsection
1264 (2)(d)(i)(B) exceed the revenues estimated under Subsection (2)(d)(i)(A); and
1265 (B) an increase or decrease in each tax rate under Subsection (2)(d)(ii) shall be in
1266 proportion to the amount of revenues generated by each tax rate under this part for the calendar
1267 year beginning on January 1, 2003.
1268 (iv) (A) The commission shall calculate any tax rate increase or decrease required by
1269 Subsection (2)(d)(ii) using the best information available to the commission.
1270 (B) If the tax rates described in Subsections (2)(a) through (c) are increased or
1271 decreased as provided in this Subsection (2)(d), the commission shall mail a notice to each
1272 person required to file a return under this part stating the tax rate in effect on January 1, 2005
1273 as a result of the increase or decrease.
1274 (3) If oil or gas is shipped outside the state:
1275 (a) the shipment constitutes a sale; and
1276 (b) the oil or gas is subject to the tax imposed by this section.
1277 (4) (a) Except as provided in Subsection (4)(b), if the oil or gas is stockpiled, the tax is
1278 not imposed until the oil or gas is:
1279 (i) sold;
1280 (ii) transported; or
1281 (iii) delivered.
1282 (b) Notwithstanding Subsection (4)(a), if oil or gas is stockpiled for more than two
1283 years, the oil or gas is subject to the tax imposed by this section.
1284 (5) A tax is not imposed under this section upon:
1285 (a) stripper wells, unless the exemption prevents the severance tax from being treated
1286 as a deduction for federal tax purposes;
1287 (b) the first 12 months of production for wildcat wells started after January 1, 1990; or
1288 (c) the first six months of production for development wells started after January 1,
1289 1990.

1290 (6) (a) Subject to Subsections (6)(b) and (c), a working interest owner who pays for all
1291 or part of the expenses of a recompletion or workover may claim a nonrefundable tax credit
1292 equal to 20% of the amount paid.
1293 (b) The tax credit under Subsection (6)(a) for each recompletion or workover may not
1294 exceed $30,000 per well during each calendar year.
1295 (c) If any amount of tax credit a taxpayer is allowed under this Subsection (6) exceeds
1296 the taxpayer's tax liability under this part for the calendar year for which the taxpayer claims
1297 the tax credit, the amount of tax credit exceeding the taxpayer's tax liability for the calendar
1298 year may be carried forward for the next three calendar years.
1299 (7) A 50% reduction in the tax rate is imposed upon the incremental production
1300 achieved from an enhanced recovery project.
1301 (8) The taxes imposed by this section are:
1302 (a) in addition to all other taxes provided by law; and
1303 (b) delinquent, unless otherwise deferred, on June 1 next succeeding the calendar year
1304 when the oil or gas is:
1305 (i) produced; and
1306 (ii) (A) saved;
1307 (B) sold; or
1308 (C) transported from the field.
1309 (9) With respect to the tax imposed by this section on each owner of oil or gas or in the
1310 proceeds of the production of those substances produced in the state, each owner is liable for
1311 the tax in proportion to the owner's interest in the production or in the proceeds of the
1312 production.
1313 (10) The tax imposed by this section shall be reported and paid by each producer that
1314 takes oil or gas in kind pursuant to agreement on behalf of the producer and on behalf of each
1315 owner entitled to participate in the oil or gas sold by the producer or transported by the
1316 producer from the field where the oil or gas is produced.
1317 (11) Each producer shall deduct the tax imposed by this section from the amounts due

1318 to other owners for the production or the proceeds of the production.
1319 (12) (a) The Revenue and Taxation Interim Committee shall review the applicability of
1320 the tax provided for in this chapter to coal-to-liquids, oil shale, and tar sands technology on or
1321 before the October 2011 interim meeting.
1322 (b) The Revenue and Taxation Interim Committee shall address in its review the cost
1323 and benefit of not applying the tax provided for in this chapter to coal-to-liquids, oil shale, and
1324 tar sands technology.
1325 (c) The Revenue and Taxation Interim Committee shall report its findings and
1326 recommendations under this Subsection (12) to the Legislative Management Committee on or
1327 before the November 2011 interim meeting.
1328 Section 20. Section 59-15-109 is amended to read:
1329 59-15-109. Tax money to be paid to state treasurer.
1330 (1) Taxes collected under this chapter shall be paid by the commission to the state
1331 treasurer daily for deposit as follows:
1332 (a) the greater of the following shall be deposited into the Alcoholic Beverage
1333 Enforcement and Treatment Restricted Account created in Section 32B-2-403 :
1334 (i) an amount calculated by:
1335 (A) determining an amount equal to 40% of the revenue collected for the fiscal year
1336 two years preceding the fiscal year for which the deposit is made; and
1337 (B) subtracting $30,000 from the amount determined under Subsection (1)(a)(i)(A); or
1338 (ii) $4,350,000; and
1339 (b) the revenue collected in excess of the amount deposited in accordance with
1340 Subsection (1)(a) shall be deposited into the General Fund.
1341 (2) (a) The commission shall notify the entities described in Subsection (2)(b) not later
1342 than the September 1 preceding the fiscal year of the deposit of:
1343 (i) the amount of the proceeds of the beer excise tax collected in accordance with this
1344 section for the fiscal year two years preceding the fiscal year of deposit; and
1345 (ii) an amount equal to 40% of the amount listed in Subsection (2)(a)(i).

1346 (b) The notification required by Subsection (2)(a) shall be sent to:
1347 (i) the Governor's Office of [Planning] Management and Budget; and
1348 (ii) the Legislative Fiscal Analyst.
1349 Section 21. Section 62A-15-612 is amended to read:
1350 62A-15-612. Allocation of pediatric state hospital beds -- Formula.
1351 (1) As used in this section:
1352 (a) "Pediatric beds" means the total number of patient beds located in the children's
1353 unit and the youth units at the state hospital, as determined by the superintendent of the state
1354 hospital.
1355 (b) "Mental health catchment area" means a county or group of counties governed by a
1356 local mental health authority.
1357 (2) The board shall establish by rule a formula to separately allocate to local mental
1358 health authorities pediatric beds for persons who meet the requirements of Subsection
1359 62A-15-610 (2)(b). On July 1, 1996, 72 pediatric beds shall be allocated to local mental health
1360 authorities under this section. That number shall be reviewed and adjusted as necessary every
1361 three years according to the state's population of persons under 18 years of age. All population
1362 figures utilized shall reflect the most recent available population estimates from the Governor's
1363 Office of [Planning] Management and Budget.
1364 (3) The formula established under Subsection (2) becomes effective on July 1, 1996,
1365 and shall provide for allocation of beds based on the percentage of the state's population of
1366 persons under the age of 18 located within a mental health catchment area. Each community
1367 mental health center shall be allocated at least one bed.
1368 (4) A local mental health authority may sell or loan its allocation of beds to another
1369 local mental health authority.
1370 (5) The division shall allocate 72 pediatric beds at the state hospital to local mental
1371 health authorities for their use in accordance with the formula established under this section. If
1372 a local mental health authority is unable to access a bed allocated to it under that formula, the
1373 division shall provide that local mental health authority with funding equal to the reasonable,

1374 average daily cost of an acute care bed purchased by the local mental health authority.
1375 (6) The board shall periodically review and make changes in the formula established
1376 under Subsection (2) as necessary to accurately reflect changes in the state's population.
1377 Section 22. Section 63A-1-114 is amended to read:
1378 63A-1-114. Rate Committee -- Membership -- Duties.
1379 (1) (a) There is created a Rate Committee which shall consist of:
1380 (i) the executive director of the Governor's Office of [Planning] Management and
1381 Budget, or a designee;
1382 (ii) the executive directors of three state agencies that use services and pay rates to one
1383 of the department internal service funds, or their designee, appointed by the governor for a
1384 two-year term;
1385 (iii) the executive director of the Department of Administrative Services, or a designee;
1386 (iv) the director of the Division of Finance, or a designee; and
1387 (v) the chief information officer.
1388 (b) (i) The committee shall elect a chair from its members, except that the chair may
1389 not be from an agency that receives payment of a rate set by the committee.
1390 (ii) Members of the committee who are state government employees and who do not
1391 receive salary, per diem, or expenses from their agency for their service on the committee shall
1392 receive no compensation, benefits, per diem, or expenses for the members' service on the
1393 committee.
1394 (c) The Department of Administrative Services shall provide staff services to the
1395 committee.
1396 (2) (a) A division described in Section 63A-1-109 that manages an internal service
1397 fund shall submit to the committee a proposed rate and fee schedule for services rendered by
1398 the division to an executive branch entity or an entity that subscribes to services rendered by
1399 the division.
1400 (b) The committee shall:
1401 (i) conduct meetings in accordance with Title 52, Chapter 4, Open and Public Meetings

1402 Act;
1403 (ii) review the proposed rate and fee schedules and may approve, increase, or decrease
1404 the rate and fee;
1405 (iii) recommend a proposed rate and fee schedule for each internal service fund to:
1406 (A) the Governor's Office of [Planning] Management and Budget; and
1407 (B) the legislative appropriations subcommittees that, in accordance with Section
1408 63J-1-410 , approve the internal service fund agency's rates, fees, and budget; and
1409 (iv) review and approve, increase or decrease an interim rate, fee, or amount when an
1410 internal service fund agency begins a new service or introduces a new product between annual
1411 general sessions of the Legislature.
1412 (c) The committee may in accordance with Subsection 63J-1-410 (4), decrease a rate,
1413 fee, or amount that has been approved by the Legislature.
1414 Section 23. Section 63A-3-403 is amended to read:
1415 63A-3-403. Utah Transparency Advisory Board -- Creation -- Membership --
1416 Duties.
1417 (1) There is created within the division the Utah Transparency Advisory Board
1418 comprised of members knowledgeable about public finance or providing public access to
1419 public financial information as follows:
1420 (a) one member designated by the director of the Division of Finance;
1421 (b) one member designated by the executive director of the Governor's Office of
1422 [Planning] Management and Budget;
1423 (c) one member appointed by the governor on advice from the Judicial Council, who
1424 shall serve until June 30, 2009;
1425 (d) one member appointed by the governor on advice from the Legislative Fiscal
1426 Analyst;
1427 (e) one member of the Senate, appointed by the governor on advice from the president
1428 of the Senate;
1429 (f) one member of the House of Representatives, appointed by the governor on advice

1430 from the speaker of the House of Representatives;
1431 (g) one member designated by the director of the Department of Technology Services;
1432 (h) one member appointed by the governor from a state institution of higher education,
1433 who shall serve for one year beginning on July 1, 2009 and ending on June 30, 2010; and
1434 (i) three additional members appointed by the governor, who shall each serve one-year
1435 terms as follows:
1436 (i) for the term beginning on July 1, 2009 and ending on June 30, 2010, represent the
1437 following entities:
1438 (A) a school district;
1439 (B) a charter school; and
1440 (C) a public transit district created under Title 17B, Chapter 2a, Part 8, Public Transit
1441 District Act; and
1442 (ii) for the term beginning on July 1, 2010 and ending on June 30, 2011, represent the
1443 following entities:
1444 (A) a county;
1445 (B) a municipality; and
1446 (C) (I) a local district under Title 17B, Limited Purpose Local Government Entities -
1447 Local Districts, that is not a public transit district created under Title 17B, Chapter 2a, Part 8,
1448 Public Transit District Act; or
1449 (II) a special service district under Title 17D, Chapter 1, Special Service District Act.
1450 (2) The board shall:
1451 (a) advise the division on matters related to the implementation and administration of
1452 this part;
1453 (b) develop plans, make recommendations, and assist in implementing the provisions
1454 of this part;
1455 (c) determine what public financial information shall be provided by participating state
1456 and local entities, provided that the public financial information:
1457 (i) only includes records that:

1458 (A) are classified as public under Title 63G, Chapter 2, Government Records Access
1459 and Management Act;
1460 (B) are an accounting of money, funds, accounts, bonds, loans, expenditures, or
1461 revenues, regardless of the source; and
1462 (C) are owned, held, or administered by the participating state or local entity that is
1463 required to provide the record; and
1464 (ii) is of the type or nature that should be accessible to the public via a website based
1465 on considerations of:
1466 (A) the cost effectiveness of providing the information;
1467 (B) the value of providing the information to the public; and
1468 (C) privacy and security considerations;
1469 (d) evaluate the cost effectiveness of implementing specific information resources and
1470 features on the website;
1471 (e) establish size or budget thresholds to identify those local entities that qualify as
1472 participating local entities as defined in this part, giving special consideration to the budget and
1473 resource limitations of an entity with a current annual budget of less than $10,000,000;
1474 (f) require participating local entities to provide public financial information in
1475 accordance with the requirements of this part, with a specified content, reporting frequency,
1476 and form;
1477 (g) require a participating local entity's website to be accessible by link or other direct
1478 route from the Utah Public Finance Website if the participating local entity does not use the
1479 Utah Public Finance Website; and
1480 (h) determine the search methods and the search criteria that shall be made available to
1481 the public as part of a website used by a participating local entity under the requirements of this
1482 part, which criteria may include:
1483 (i) fiscal year;
1484 (ii) expenditure type;
1485 (iii) name of the agency;

1486 (iv) payee;
1487 (v) date; and
1488 (vi) amount.
1489 (3) The board shall annually elect a chair and a vice chair from its members.
1490 (4) (a) Except for a member appointed under Subsections (1)(c) and (h), each member
1491 shall serve a two-year term.
1492 (b) When a vacancy occurs in the membership for any reason, the replacement shall be
1493 appointed for the remainder of the unexpired term.
1494 (5) The board shall meet as it determines necessary to accomplish its duties.
1495 (6) Reasonable notice shall be given to each member of the board before any meeting.
1496 (7) A majority of the board constitutes a quorum for the transaction of business.
1497 (8) A member may not receive compensation or benefits for the member's service, but
1498 may receive per diem and travel expenses in accordance with:
1499 (a) Section 63A-3-106 ;
1500 (b) Section 63A-3-107 ; and
1501 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1502 63A-3-107 .
1503 Section 24. Section 63A-5-101 is amended to read:
1504 63A-5-101. Creation -- Composition -- Appointment -- Per diem and expenses --
1505 Administrative services.
1506 (1) (a) There is created a State Building Board composed of eight members, seven of
1507 whom shall be appointed by the governor for terms of four years.
1508 (b) Notwithstanding the requirements of Subsection (1)(a), the governor shall, at the
1509 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1510 board members are staggered so that approximately half of the board is appointed every two
1511 years.
1512 (2) When a vacancy occurs in the membership for any reason, the replacement shall be
1513 appointed for the unexpired term.

1514 (3) The executive director of the Governor's Office of [Planning] Management and
1515 Budget or the executive director's designee is a nonvoting member of the board.
1516 (4) Each member shall hold office until a successor is appointed and qualified, but no
1517 member shall serve more than two consecutive terms.
1518 (5) One member shall be designated by the governor as chair.
1519 (6) A member may not receive compensation or benefits for the member's service, but
1520 may receive per diem and travel expenses in accordance with:
1521 (a) Section 63A-3-106 ;
1522 (b) Section 63A-3-107 ; and
1523 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1524 63A-3-107 .
1525 (7) The members of the board are not required to give bond for the performance of
1526 their official duties.
1527 (8) The department shall provide administrative and staff services to enable the board
1528 to exercise its powers and discharge its duties, and shall provide necessary space and
1529 equipment for the board.
1530 Section 25. Section 63B-2-301 is amended to read:
1531 63B-2-301. Legislative intent -- Additional projects.
1532 It is the intent of the Legislature that:
1533 (1) The Department of Employment Security use money in the special administrative
1534 fund to plan, design, and construct a Davis County facility under the supervision of the director
1535 of the Division of Facilities Construction and Management unless supervisory authority is
1536 delegated by him as authorized by Section 63A-5-206 .
1537 (2) The University of Utah may use donated funds to plan, design, and construct the
1538 Nora Eccles Harrison addition under the supervision of the director of the Division of Facilities
1539 Construction and Management unless supervisory authority is delegated by him as authorized
1540 by Section 63A-5-206 .
1541 (3) The University of Utah may use hospital funds to plan, design, and construct the

1542 West Patient Services Building under the supervision of the director of the Division of
1543 Facilities Construction and Management unless supervisory authority is delegated by him as
1544 authorized by Section 63A-5-206 .
1545 (4) The University of Utah may use federal funds to plan, design, and construct the
1546 Computational Science Building under the supervision of the director of the Division of
1547 Facilities Construction and Management unless supervisory authority is delegated by him as
1548 authorized by Section 63A-5-206 .
1549 (5) The Board of Regents may issue revenue bonds to provide:
1550 (a) $6,700,000 to plan, design, and construct single student housing at Utah State
1551 University under the supervision of the director of the Division of Facilities Construction and
1552 Management unless supervisory authority is delegated by him as authorized by Section
1553 63A-5-206 ; and
1554 (b) additional money necessary to:
1555 (i) pay costs incident to the issuance and sale of the bonds;
1556 (ii) pay interest on the bonds that accrues during construction and acquisition of the
1557 project and for up to one year after construction is completed; and
1558 (iii) fund any reserve requirements for the bonds.
1559 (6) Utah State University may use federal funds to plan, design, and construct the
1560 Natural Resources Lab addition under the supervision of the director of the Division of
1561 Facilities Construction and Management unless supervisory authority is delegated by him as
1562 authorized by Section 63A-5-206 .
1563 (7) Utah State University may use funds derived from property sales to plan, design,
1564 and construct emergency relocation facilities for the Farmington Botanical Gardens under the
1565 supervision of the director of the Division of Facilities Construction and Management unless
1566 supervisory authority is delegated by him as authorized by Section 63A-5-206 .
1567 (8) Utah State University may use institutional funds to plan, design, and construct an
1568 institutional residence for the president under the supervision of the director of the Division of
1569 Facilities Construction and Management unless supervisory authority is delegated by him as

1570 authorized by Section 63A-5-206 .
1571 (9) Weber State University may use discretionary funds to construct a remodel and
1572 expansion of the stores building and mail service facilities under the supervision of the director
1573 of the Division of Facilities Construction and Management unless supervisory authority is
1574 delegated by him as authorized by Section 63A-5-206 .
1575 (10) Weber State University may use fees and auxiliary revenue to plan, design, and
1576 construct a remodel and expansion of the Shepherd Student Union Building under the
1577 supervision of the director of the Division of Facilities Construction and Management unless
1578 supervisory authority is delegated by him as authorized by Section 63A-5-206 .
1579 (11) Southern Utah University may use donated funds to plan, design, and construct an
1580 alumni house under the supervision of the director of the Division of Facilities Construction
1581 and Management unless supervisory authority is delegated by him as authorized by Section
1582 63A-5-206 .
1583 (12) The College of Eastern Utah may use auxiliary revenues and other fees to:
1584 (a) make lease or other payments;
1585 (b) redeem revenue bonds or repay loans issued on behalf of the college; and
1586 (c) plan, design, and construct a 200 person residence hall under the supervision of the
1587 director of the Division of Facilities Construction and Management unless supervisory
1588 authority is delegated by him as authorized by Section 63A-5-206 .
1589 (13) The Sevier Valley Applied Technology Center may use private and Community
1590 Impact Board funds, if approved, to plan, design, and construct a performing arts/multi-use
1591 facility under the supervision of the director of the Division of Facilities Construction and
1592 Management unless supervisory authority is delegated by him as authorized by Section
1593 63A-5-206 .
1594 (14) Ogden City and Weber County may have offices and related space for their
1595 attorneys included in the Ogden Courts building if the city and county are able to provide
1596 upfront funding to cover all costs associated with the design and construction of that space. In
1597 addition, the city and county shall cover their proportionate share of all operations and

1598 maintenance costs of their facility, including future major repairs to the building.
1599 (15) If the Legislature authorizes the Division of Facilities Construction and
1600 Management to enter into a lease purchase agreement for the Department of Human Services
1601 facility at 1385 South State Street in Salt Lake City or for the State Board of Education facility
1602 and adjacent space in Salt Lake City, or for both of those facilities, the State Building
1603 Ownership Authority, at the reasonable rates and amounts it may determine, and with technical
1604 assistance from the state treasurer, the director of the Division of Finance, and the executive
1605 director of the Governor's Office of [Planning] Management and Budget, may seek out the
1606 most cost effective lease purchase plans available to the state and may, pursuant to Title 63B,
1607 Chapter 1, Part 3, State Building Ownership Authority Act, certificate out interests in, or
1608 obligations of the authority pertaining to:
1609 (a) the lease purchase obligation; or
1610 (b) lease rental payments under the lease purchase obligation.
1611 (16) Salt Lake Community College may use donated funds to plan, design, and
1612 construct an amphitheater under the supervision of the director of the Division of Facilities
1613 Construction and Management unless supervisory authority is delegated by him as authorized
1614 by Section 63A-5-206 .
1615 (17) For the Tax Commission building, that:
1616 (a) All costs associated with the construction and furnishing of the Tax Commission
1617 building that are incurred before the issuance of the 1993 general obligation bonds be
1618 reimbursed by bond proceeds.
1619 (b) The maximum amount of cost that may be reimbursed from the 1993 general
1620 obligation bond proceeds for the Tax Commission building and furnishings may not exceed
1621 $14,230,000.
1622 (c) This intent statement for Subsection (17) constitutes a declaration of official intent
1623 under Section 1.103-18 of the U.S. Treasury Regulations.
1624 Section 26. Section 63B-3-301 is amended to read:
1625 63B-3-301. Legislative intent -- Additional projects.

1626 (1) It is the intent of the Legislature that, for any lease purchase agreement that the
1627 Legislature may authorize the Division of Facilities Construction and Management to enter into
1628 during its 1994 Annual General Session, the State Building Ownership Authority, at the
1629 reasonable rates and amounts it may determine, and with technical assistance from the state
1630 treasurer, the director of the Division of Finance, and the executive director of the Governor's
1631 Office of [Planning] Management and Budget, may seek out the most cost effective and
1632 prudent lease purchase plans available to the state and may, pursuant to Title 63B, Chapter 1,
1633 Part 3, State Building Ownership Authority Act, certificate out interests in, or obligations of the
1634 authority pertaining to:
1635 (a) the lease purchase obligation; or
1636 (b) lease rental payments under the lease purchase obligation.
1637 (2) It is the intent of the Legislature that the Department of Transportation dispose of
1638 surplus real properties and use the proceeds from those properties to acquire or construct
1639 through the Division of Facilities Construction and Management a new District Two Complex.
1640 (3) It is the intent of the Legislature that the State Building Board allocate funds from
1641 the Capital Improvement appropriation and donations to cover costs associated with the
1642 upgrade of the Governor's Residence that go beyond the restoration costs which can be covered
1643 by insurance proceeds.
1644 (4) (a) It is the intent of the Legislature to authorize the State Building Ownership
1645 Authority under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority
1646 Act, to issue or execute obligations or enter into or arrange for a lease purchase agreement in
1647 which participation interests may be created, to provide up to $10,600,000 for the construction
1648 of a Natural Resources Building in Salt Lake City, together with additional amounts necessary
1649 to:
1650 (i) pay costs of issuance;
1651 (ii) pay capitalized interest; and
1652 (iii) fund any debt service reserve requirements.
1653 (b) It is the intent of the Legislature that the authority seek out the most cost effective

1654 and prudent lease purchase plan available with technical assistance from the state treasurer, the
1655 director of the Division of Finance, and the executive director of the Governor's Office of
1656 [Planning] Management and Budget.
1657 (c) It is the intent of the Legislature that the operating budget for the Department of
1658 Natural Resources not be increased to fund these lease payments.
1659 (5) (a) It is the intent of the Legislature to authorize the State Building Ownership
1660 Authority under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority
1661 Act, to issue or execute obligations or enter into or arrange for a lease purchase agreement in
1662 which participation interests may be created, to provide up to $8,300,000 for the acquisition of
1663 the office buildings currently occupied by the Department of Environmental Quality and
1664 approximately 19 acres of additional vacant land at the Airport East Business Park in Salt Lake
1665 City, together with additional amounts necessary to:
1666 (i) pay costs of issuance;
1667 (ii) pay capitalized interest; and
1668 (iii) fund any debt service reserve requirements.
1669 (b) It is the intent of the Legislature that the authority seek out the most cost effective
1670 and prudent lease purchase plan available with technical assistance from the state treasurer, the
1671 director of the Division of Finance, and the executive director of the Governor's Office of
1672 [Planning] Management and Budget.
1673 (6) (a) It is the intent of the Legislature to authorize the State Building Ownership
1674 Authority under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority
1675 Act, to issue or execute obligations or enter into or arrange for a lease purchase agreement in
1676 which participation interests may be created, to provide up to $9,000,000 for the acquisition or
1677 construction of up to two field offices for the Department of Human Services in the
1678 southwestern portion of Salt Lake County, together with additional amounts necessary to:
1679 (i) pay costs of issuance;
1680 (ii) pay capitalized interest; and
1681 (iii) fund any debt service reserve requirements.

1682 (b) It is the intent of the Legislature that the authority seek out the most cost effective
1683 and prudent lease purchase plan available with technical assistance from the state treasurer, the
1684 director of the Division of Finance, and the executive director of the Governor's Office of
1685 [Planning] Management and Budget.
1686 (7) (a) It is the intent of the Legislature to authorize the State Building Ownership
1687 Authority under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority
1688 Act, to issue or execute obligations or enter into or arrange for lease purchase agreements in
1689 which participation interests may be created, to provide up to $5,000,000 for the acquisition or
1690 construction of up to 13 stores for the Department of Alcoholic Beverage Control, together
1691 with additional amounts necessary to:
1692 (i) pay costs of issuance;
1693 (ii) pay capitalized interest; and
1694 (iii) fund any debt service reserve requirements.
1695 (b) It is the intent of the Legislature that the authority seek out the most cost effective
1696 and prudent lease purchase plan available with technical assistance from the state treasurer, the
1697 director of the Division of Finance, and the executive director of the Governor's Office of
1698 [Planning] Management and Budget.
1699 (c) It is the intent of the Legislature that the operating budget for the Department of
1700 Alcoholic Beverage Control not be increased to fund these lease payments.
1701 (8) (a) It is the intent of the Legislature to authorize the State Building Ownership
1702 Authority under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority
1703 Act, to issue or execute obligations or enter into or arrange for a lease purchase agreement in
1704 which participation interests may be created, to provide up to $6,800,000 for the construction
1705 of a Prerelease and Parole Center for the Department of Corrections, containing a minimum of
1706 300 beds, together with additional amounts necessary to:
1707 (i) pay costs of issuance;
1708 (ii) pay capitalized interest; and
1709 (iii) fund any debt service reserve requirements.

1710 (b) It is the intent of the Legislature that the authority seek out the most cost effective
1711 and prudent lease purchase plan available with technical assistance from the state treasurer, the
1712 director of the Division of Finance, and the executive director of the Governor's Office of
1713 [Planning] Management and Budget.
1714 (9) If S.B. 275, 1994 General Session, which authorizes funding for a Courts Complex
1715 in Salt Lake City, becomes law, it is the intent of the Legislature that:
1716 (a) the Legislative Management Committee, the Interim Appropriation Subcommittees
1717 for General Government and Capital Facilities and Executive Offices, Courts, and Corrections,
1718 the Office of the Legislative Fiscal Analyst, the Governor's Office of [Planning] Management
1719 and Budget, and the State Building Board participate in a review of the proposed facility design
1720 for the Courts Complex no later than December 1994; and
1721 (b) although this review will not affect the funding authorization issued by the 1994
1722 Legislature, it is expected that Division of Facilities Construction and Management will give
1723 proper attention to concerns raised in these reviews and make appropriate design changes
1724 pursuant to the review.
1725 (10) It is the intent of the Legislature that:
1726 (a) the Division of Facilities Construction and Management, in cooperation with the
1727 Division of Youth Corrections renamed in 2003 to the Division of Juvenile Justice Services,
1728 develop a flexible use prototype facility for the Division of Youth Corrections renamed in 2003
1729 to the Division of Juvenile Justice Services;
1730 (b) the development process use existing prototype proposals unless it can be
1731 quantifiably demonstrated that the proposals cannot be used;
1732 (c) the facility is designed so that with minor modifications, it can accommodate
1733 detention, observation and assessment, transition, and secure programs as needed at specific
1734 geographical locations;
1735 (d) (i) funding as provided in the fiscal year 1995 bond authorization for the Division
1736 of Youth Corrections renamed in 2003 to the Division of Juvenile Justice Services is used to
1737 design and construct one facility and design the other;

1738 (ii) the Division of Youth Corrections renamed in 2003 to the Division of Juvenile
1739 Justice Services shall:
1740 (A) determine the location for the facility for which design and construction are fully
1741 funded; and
1742 (B) in conjunction with the Division of Facilities Construction and Management,
1743 determine the best methodology for design and construction of the fully funded facility;
1744 (e) the Division of Facilities Construction and Management submit the prototype as
1745 soon as possible to the Infrastructure and General Government Appropriations Subcommittee
1746 and Executive Offices, Criminal Justice, and Legislature Appropriation Subcommittee for
1747 review;
1748 (f) the Division of Facilities Construction and Management issue a Request for
1749 Proposal for one of the facilities, with that facility designed and constructed entirely by the
1750 winning firm;
1751 (g) the other facility be designed and constructed under the existing Division of
1752 Facilities Construction and Management process;
1753 (h) that both facilities follow the program needs and specifications as identified by
1754 Division of Facilities Construction and Management and the Division of Youth Corrections
1755 renamed in 2003 to the Division of Juvenile Justice Services in the prototype; and
1756 (i) the fully funded facility should be ready for occupancy by September 1, 1995.
1757 (11) It is the intent of the Legislature that the fiscal year 1995 funding for the State Fair
1758 Park Master Study be used by the Division of Facilities Construction and Management to
1759 develop a master plan for the State Fair Park that:
1760 (a) identifies capital facilities needs, capital improvement needs, building
1761 configuration, and other long term needs and uses of the State Fair Park and its buildings; and
1762 (b) establishes priorities for development, estimated costs, and projected timetables.
1763 (12) It is the intent of the Legislature that:
1764 (a) the Division of Facilities Construction and Management, in cooperation with the
1765 Division of Parks and Recreation and surrounding counties, develop a master plan and general

1766 program for the phased development of Antelope Island;
1767 (b) the master plan:
1768 (i) establish priorities for development;
1769 (ii) include estimated costs and projected time tables; and
1770 (iii) include recommendations for funding methods and the allocation of
1771 responsibilities between the parties; and
1772 (c) the results of the effort be reported to the Natural Resources, Agriculture, and
1773 Environmental Quality Appropriations Subcommittee and Infrastructure and General
1774 Government Appropriations Subcommittee.
1775 (13) It is the intent of the Legislature to authorize the University of Utah to use:
1776 (a) bond reserves to plan, design, and construct the Kingsbury Hall renovation under
1777 the supervision of the director of the Division of Facilities Construction and Management
1778 unless supervisory authority is delegated by the director; and
1779 (b) donated and other nonappropriated funds to plan, design, and construct the Biology
1780 Research Building under the supervision of the director of the Division of Facilities
1781 Construction and Management unless supervisory authority is delegated by the director.
1782 (14) It is the intent of the Legislature to authorize Utah State University to use:
1783 (a) federal and other funds to plan, design, and construct the Bee Lab under the
1784 supervision of the director of the Division of Facilities Construction and Management unless
1785 supervisory authority is delegated by the director;
1786 (b) donated and other nonappropriated funds to plan, design, and construct an Athletic
1787 Facility addition and renovation under the supervision of the director of the Division of
1788 Facilities Construction and Management unless supervisory authority is delegated by the
1789 director;
1790 (c) donated and other nonappropriated funds to plan, design, and construct a renovation
1791 to the Nutrition and Food Science Building under the supervision of the director of the
1792 Division of Facilities Construction and Management unless supervisory authority is delegated
1793 by the director; and

1794 (d) federal and private funds to plan, design, and construct the Millville Research
1795 Facility under the supervision of the director of the Division of Facilities Construction and
1796 Management unless supervisory authority is delegated by the director.
1797 (15) It is the intent of the Legislature to authorize Salt Lake Community College to use:
1798 (a) institutional funds to plan, design, and construct a remodel to the Auto Trades
1799 Office and Learning Center under the supervision of the director of the Division of Facilities
1800 Construction and Management unless supervisory authority is delegated by the director;
1801 (b) institutional funds to plan, design, and construct the relocation and expansion of a
1802 temporary maintenance compound under the supervision of the director of the Division of
1803 Facilities Construction and Management unless supervisory authority is delegated by the
1804 director; and
1805 (c) institutional funds to plan, design, and construct the Alder Amphitheater under the
1806 supervision of the director of the Division of Facilities Construction and Management unless
1807 supervisory authority is delegated by the director.
1808 (16) It is the intent of the Legislature to authorize Southern Utah University to use:
1809 (a) federal funds to plan, design, and construct a Community Services Building under
1810 the supervision of the director of the Division of Facilities Construction and Management
1811 unless supervisory authority is delegated by the director; and
1812 (b) donated and other nonappropriated funds to plan, design, and construct a stadium
1813 expansion under the supervision of the director of the Division of Facilities Construction and
1814 Management unless supervisory authority is delegated by the director.
1815 (17) It is the intent of the Legislature to authorize the Department of Corrections to use
1816 donated funds to plan, design, and construct a Prison Chapel at the Central Utah Correctional
1817 Facility in Gunnison under the supervision of the director of the Division of Facilities
1818 Construction and Management unless supervisory authority is delegated by the director.
1819 (18) If the Utah National Guard does not relocate in the Signetics Building, it is the
1820 intent of the Legislature to authorize the Guard to use federal funds and funds from Provo City
1821 to plan and design an Armory in Provo, Utah, under the supervision of the director of the

1822 Division of Facilities Construction and Management unless supervisory authority is delegated
1823 by the director.
1824 (19) It is the intent of the Legislature that the Utah Department of Transportation use
1825 $250,000 of the fiscal year 1995 highway appropriation to fund an environmental study in
1826 Ogden, Utah of the 2600 North Corridor between Washington Boulevard and I-15.
1827 (20) It is the intent of the Legislature that the Ogden-Weber Applied Technology
1828 Center use the money appropriated for fiscal year 1995 to design the Metal Trades Building
1829 and purchase equipment for use in that building that could be used in metal trades or other
1830 programs in other Applied Technology Centers.
1831 (21) It is the intent of the Legislature that the Bridgerland Applied Technology Center
1832 and the Ogden-Weber Applied Technology Center projects as designed in fiscal year 1995 be
1833 considered as the highest priority projects for construction funding in fiscal year 1996.
1834 (22) It is the intent of the Legislature that:
1835 (a) the Division of Facilities Construction and Management complete physical space
1836 utilization standards by June 30, 1995, for the use of technology education activities;
1837 (b) these standards are to be developed with and approved by the State Office of
1838 Education, the Board of Regents, and the Utah State Building Board;
1839 (c) these physical standards be used as the basis for:
1840 (i) determining utilization of any technology space based on number of stations capable
1841 and occupied for any given hour of operation; and
1842 (ii) requests for any new space or remodeling;
1843 (d) the fiscal year 1995 projects at the Bridgerland Applied Technology Center and the
1844 Ogden-Weber Applied Technology Center are exempt from this process; and
1845 (e) the design of the Davis Applied Technology Center take into account the utilization
1846 formulas established by the Division of Facilities Construction and Management.
1847 (23) It is the intent of the Legislature that Utah Valley State College may use the
1848 money from the bond allocated to the remodel of the Signetics building to relocate its technical
1849 education programs at other designated sites or facilities under the supervision of the director

1850 of the Division of Facilities Construction and Management unless supervisory authority is
1851 delegated by the director.
1852 (24) It is the intent of the Legislature that the money provided for the fiscal year 1995
1853 project for the Bridgerland Applied Technology Center be used to design and construct the
1854 space associated with Utah State University and design the technology center portion of the
1855 project.
1856 (25) It is the intent of the Legislature that the governor provide periodic reports on the
1857 expenditure of the funds provided for electronic technology, equipment, and hardware to the
1858 Public Utilities and Technology Interim Committee, the Infrastructure and General
1859 Government Appropriations Subcommittee, and the Legislative Management Committee.
1860 Section 27. Section 63B-4-201 is amended to read:
1861 63B-4-201. Legislative intent statements -- Capital facilities.
1862 (1) (a) It is the intent of the Legislature that the University of Utah use institutional and
1863 other funds to plan, design, and construct two campus child care centers under the supervision
1864 of the director of the Division of Facilities Construction and Management unless supervisory
1865 authority is delegated by the director.
1866 (b) The university shall work with Salt Lake City and the surrounding neighborhood to
1867 ensure site compatibility for future recreational development by the city.
1868 (2) It is the intent of the Legislature that the University of Utah use institutional funds
1869 to plan, design, and construct:
1870 (a) the Union Parking structure under the supervision of the director of the Division of
1871 Facilities Construction and Management unless supervisory authority is delegated by the
1872 director;
1873 (b) the stadium renovation under the supervision of the director of the Division of
1874 Facilities Construction and Management unless supervisory authority is delegated by the
1875 director;
1876 (c) the Huntsman Cancer Institute under the supervision of the director of the Division
1877 of Facilities Construction and Management unless supervisory authority is delegated by the

1878 director;
1879 (d) the Business Case Method Building under the supervision of the director of the
1880 Division of Facilities Construction and Management unless supervisory authority is delegated
1881 by the director; and
1882 (e) the Fine Arts Museum expansion under the supervision of the director of the
1883 Division of Facilities Construction and Management unless supervisory authority is delegated
1884 by the director.
1885 (3) It is the intent of the Legislature that Utah State University use institutional funds to
1886 plan, design, and construct:
1887 (a) a student health services facility under the supervision of the director of the
1888 Division of Facilities Construction and Management unless supervisory authority is delegated
1889 by the director;
1890 (b) a women's softball field under the supervision of the director of the Division of
1891 Facilities Construction and Management unless supervisory authority is delegated by the
1892 director;
1893 (c) an addition to the Nutrition and Food Services Building under the supervision of
1894 the director of the Division of Facilities Construction and Management unless supervisory
1895 authority is delegated by the director; and
1896 (d) a Human Resource Research Center under the supervision of the director of the
1897 Division of Facilities Construction and Management unless supervisory authority is delegated
1898 by the director.
1899 (4) It is the intent of the Legislature that Weber State University use institutional funds
1900 to plan, design, and construct:
1901 (a) a track renovation under the supervision of the director of the Division of Facilities
1902 Construction and Management unless supervisory authority is delegated by the director; and
1903 (b) the Dee Events Center offices under the supervision of the director of the Division
1904 of Facilities Construction and Management unless supervisory authority is delegated by the
1905 director.

1906 (5) It is the intent of the Legislature that Southern Utah University use:
1907 (a) institutional funds to plan, design, and construct an institutional residence under the
1908 supervision of the director of the Division of Facilities Construction and Management unless
1909 supervisory authority is delegated by the director; and
1910 (b) project revenues and other funds to plan, design, and construct the Shakespearean
1911 Festival support facilities under the supervision of the director of the Division of Facilities
1912 Construction and Management unless supervisory authority is delegated by the director.
1913 (6) It is the intent of the Legislature that Dixie College use institutional funds to plan,
1914 design, and construct an institutional residence under the supervision of the director of the
1915 Division of Facilities Construction and Management unless supervisory authority is delegated
1916 by the director.
1917 (7) It is the intent of the Legislature that the Division of Forestry, Fire, and State Lands
1918 use federal and other funds to plan, design, and construct a wetlands enhancement facility
1919 under the supervision of the director of the Division of Facilities Construction and
1920 Management unless supervisory authority is delegated by the director.
1921 (8) (a) As provided in Subsection 63A-5-209 (2), the funds appropriated to the Project
1922 Reserve Fund may only be used for the award of contracts in excess of the construction budget
1923 if these funds are required to meet the intent of the project.
1924 (b) It is the intent of the Legislature that:
1925 (i) up to $2,000,000 of the amount may be used to award the construction contract for
1926 the Ogden Court Building; and
1927 (ii) the need for any funds remaining as of December 31, 1995 be reviewed by the 1996
1928 Legislature.
1929 (9) (a) It is the intent of the Legislature that the State Building Ownership Authority,
1930 under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act, issue
1931 or execute obligations or enter into or arrange for a lease purchase agreement in which
1932 participation interests may be created to provide up to $539,700 for the purchase and
1933 demolition of the Keyston property and construction of parking facilities adjacent to the State

1934 Office of Education Building in Salt Lake City, with additional amounts necessary to:
1935 (i) pay costs of issuance;
1936 (ii) pay capitalized interest; and
1937 (iii) fund any debt service reserve requirements.
1938 (b) It is the intent of the Legislature that the authority seek out the most cost effective
1939 and prudent lease purchase plan available with technical assistance from the state treasurer, the
1940 director of the Division of Finance, and the executive director of the Governor's Office of
1941 [Planning] Management and Budget.
1942 (10) (a) It is the intent of the Legislature that the money appropriated for Phase One of
1943 the Remodeling/Life Safety Upgrades of the Browning Fine Arts Center at Weber State
1944 University is to include design of full code compliance, life safety, space necessary to maintain
1945 required programs, and seismic upgrades.
1946 (b) The design shall identify the full scope and cost of Phase Two of the remodeling for
1947 funding consideration in the fiscal year 1997 budget cycle.
1948 (11) It is the intent of the Legislature that:
1949 (a) the fiscal year 1996 appropriation for the Davis County Higher Education land
1950 purchase includes up to $250,000 for planning purposes;
1951 (b) the Division of Facilities Construction and Management, the Board of Regents, and
1952 the assigned institution of higher education work jointly to ensure the following elements are
1953 part of the planning process:
1954 (i) projections of student enrollment and programmatic needs for the next 10 years;
1955 (ii) review and make recommendations for better use of existing space, current
1956 technologies, public/private partnerships, and other alternatives as a means to reduce the need
1957 for new facilities and still accommodate the projected student needs; and
1958 (iii) use of a master plan that includes issues of utilities, access, traffic circulation,
1959 drainage, rights of way, future developments, and other infrastructure items considered
1960 appropriate; and
1961 (c) every effort is used to minimize expenditures for this part until a definitive decision

1962 has been made by BRACC relative to Hill Air Force Base.
1963 (12) (a) It is the intent of the Legislature that the State Building Ownership Authority,
1964 under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act, issue
1965 or execute obligations or enter into or arrange for a lease purchase agreement in which
1966 participation interests may be created, to provide up to $7,400,000 for the acquisition and
1967 improvement of the Human Services Building located at 120 North 200 West, Salt Lake City,
1968 Utah, with associated parking for the Department of Human Services together with additional
1969 amounts necessary to:
1970 (i) pay costs of issuance;
1971 (ii) pay capitalized interest; and
1972 (iii) fund any debt service reserve requirements.
1973 (b) It is the intent of the Legislature that the authority seek out the most cost effective
1974 and prudent lease purchase plan available with technical assistance from the state treasurer, the
1975 director of the Division of Finance, and the executive director of the Governor's Office of
1976 [Planning] Management and Budget.
1977 (13) (a) It is the intent of the Legislature that the State Building Ownership Authority,
1978 under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act, issue
1979 or execute obligations or enter into or arrange for a lease purchase agreement in which
1980 participation interests may be created to provide up to $63,218,600 for the construction of a
1981 Salt Lake Courts Complex together with additional amounts necessary to:
1982 (i) pay costs of issuance;
1983 (ii) pay capitalized interest; and
1984 (iii) fund any debt service reserve requirements.
1985 (b) It is the intent of the Legislature that the authority seek out the most cost effective
1986 and prudent lease purchase plan available with technical assistance from the state treasurer, the
1987 director of the Division of Finance, and the executive director of the Governor's Office of
1988 [Planning] Management and Budget.
1989 (c) It is the intent of the Legislature that the Division of Facilities Construction and

1990 Management lease land to the State Building Ownership Authority for the construction of a
1991 Salt Lake Courts Complex.
1992 (14) It is the intent of the Legislature that:
1993 (a) the Board of Regents use the higher education design project money to design no
1994 more than two higher education projects from among the following projects:
1995 (i) College of Eastern Utah - Student Center;
1996 (ii) Snow College - Noyes Building;
1997 (iii) University of Utah - Gardner Hall;
1998 (iv) Utah State University - Widtsoe Hall; or
1999 (v) Southern Utah University - Physical Education Building; and
2000 (b) the higher education institutions that receive approval from the Board of Regents to
2001 design projects under this chapter design those projects under the supervision of the director of
2002 the Division of Facilities Construction and Management unless supervisory authority is
2003 delegated by the director.
2004 (15) It is the intent of the Legislature that:
2005 (a) the Board of Regents may authorize the University of Utah to use institutional
2006 funds and donated funds to design Gardner Hall; and
2007 (b) if authorized by the Board of Regents, the University of Utah may use institutional
2008 funds and donated funds to design Gardner Hall under the supervision of the director of the
2009 Division of Facilities Construction and Management unless supervisory authority is delegated
2010 by the director.
2011 (16) It is the intent of the Legislature that the Division of Facilities Construction and
2012 Management use up to $250,000 of the capital improvement money to fund the site
2013 improvements required at the San Juan campus of the College of Eastern Utah.
2014 Section 28. Section 63B-4-301 is amended to read:
2015 63B-4-301. Bonds for golf course at Wasatch Mountain State Park.
2016 (1) The State Building Ownership Authority under authority of Title 63B, Chapter 1,
2017 Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter into

2018 or arrange for a lease purchase agreement in which participation interests may be created, to
2019 provide up to $2,500,000 for a new nine-hole golf course at Wasatch Mountain State Park for
2020 the Division of Parks and Recreation, together with additional amounts necessary to:
2021 (a) pay costs of issuance;
2022 (b) pay capitalized interest; and
2023 (c) fund any debt service reserve requirements.
2024 (2) (a) The State Building Ownership Authority shall work cooperatively with the
2025 Division of Parks and Recreation to seek out the most cost effective and prudent lease purchase
2026 plan available.
2027 (b) The state treasurer, the director of the Division of Finance, and the executive
2028 director of the Governor's Office of [Planning] Management and Budget shall provide technical
2029 assistance to accomplish the purpose specified in Subsection (2)(a).
2030 Section 29. Section 63C-9-301 (Superseded 05/01/13) is amended to read:
2031 63C-9-301 (Superseded 05/01/13). Board powers -- Subcommittees.
2032 (1) The board shall:
2033 (a) except as provided in Subsection (2), exercise complete jurisdiction and
2034 stewardship over capitol hill facilities, capitol hill grounds, and the capitol hill complex;
2035 (b) preserve, maintain, and restore the capitol hill complex, capitol hill facilities,
2036 capitol hill grounds, and their contents;
2037 (c) before October 1 of each year, review and approve the executive director's annual
2038 budget request for submittal to the governor and Legislature;
2039 (d) by October 1 of each year, prepare and submit a recommended budget request for
2040 the upcoming fiscal year for the capitol hill complex to:
2041 (i) the governor, through the Governor's Office of [Planning] Management and Budget;
2042 and
2043 (ii) the Legislature's appropriations subcommittee responsible for capitol hill facilities,
2044 through the Office of Legislative Fiscal Analyst;
2045 (e) review and approve the executive director's:

2046 (i) annual work plan;
2047 (ii) long-range master plan for the capitol hill complex, capitol hill facilities, and
2048 capitol hill grounds; and
2049 (iii) furnishings plan for placement and care of objects under the care of the board;
2050 (f) approve all changes to the buildings and their grounds, including:
2051 (i) restoration, remodeling, and rehabilitation projects;
2052 (ii) usual maintenance program; and
2053 (iii) any transfers or loans of objects under the board's care;
2054 (g) define and identify all significant aspects of the capitol hill complex, capitol hill
2055 facilities, and capitol hill grounds, after consultation with the:
2056 (i) Division of Facilities Construction and Management;
2057 (ii) State Library Division;
2058 (iii) Division of Archives and Records Service;
2059 (iv) Division of State History;
2060 (v) Office of Museum Services; and
2061 (vi) Arts Council;
2062 (h) inventory, define, and identify all significant contents of the buildings and all
2063 state-owned items of historical significance that were at one time in the buildings, after
2064 consultation with the:
2065 (i) Division of Facilities Construction and Management;
2066 (ii) State Library Division;
2067 (iii) Division of Archives and Records Service;
2068 (iv) Division of State History;
2069 (v) Office of Museum Services; and
2070 (vi) Arts Council;
2071 (i) maintain archives relating to the construction and development of the buildings, the
2072 contents of the buildings and their grounds, including documents such as plans, specifications,
2073 photographs, purchase orders, and other related documents, the original copies of which shall

2074 be maintained by the Division of Archives and Records Service;
2075 (j) comply with federal and state laws related to program and facility accessibility; and
2076 (k) establish procedures for receiving, hearing, and deciding complaints or other issues
2077 raised about the capitol hill complex, capitol hill facilities, and capitol hill grounds, or their
2078 use.
2079 (2) (a) Notwithstanding Subsection (1)(a), the supervision and control of the legislative
2080 area, as defined in Section 36-5-1 , is reserved to the Legislature; and
2081 (b) the supervision and control of the governor's area, as defined in Section 67-1-16 , is
2082 reserved to the governor.
2083 (3) (a) The board shall make rules to govern, administer, and regulate the capitol hill
2084 complex, capitol hill facilities, and capitol hill grounds by following the procedures and
2085 requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2086 (b) A person who violates a rule adopted by the board under the authority of this
2087 Subsection (3) is subject to a civil penalty not to exceed $2,500 for each violation, plus the
2088 amount of any actual damages, expenses, and costs related to the violation of the rule that are
2089 incurred by the state.
2090 (c) The board may take any other legal action allowed by law.
2091 (d) If any violation of a rule adopted by the board is also an offense under Title 76,
2092 Utah Criminal Code, the violation is subject to the civil penalty, damages, expenses, and costs
2093 allowed under this Subsection (3) in addition to any criminal prosecution.
2094 (e) The board may not apply this section or rules adopted under the authority of this
2095 section in a manner that violates a person's rights under the Utah Constitution or the First
2096 Amendment to the United States Constitution, including the right of persons to peaceably
2097 assemble.
2098 (f) The board shall send proposed rules under this section to the legislative general
2099 counsel and the governor's general counsel for review and comment before the board adopts the
2100 rules.
2101 (4) The board is exempt from the requirements of Title 63G, Chapter 6, Utah

2102 Procurement Code, but shall adopt procurement rules substantially similar to the requirements
2103 of that chapter.
2104 (5) (a) The board may:
2105 (i) establish subcommittees made up of board members and members of the public to
2106 assist and support the executive director in accomplishing the executive director's duties;
2107 (ii) establish fees for the use of capitol hill facilities and capitol hill grounds;
2108 (iii) assign and allocate specific duties and responsibilities to any other state agency, if
2109 the other agency agrees to perform the duty or accept the responsibility;
2110 (iv) contract with another state agency to provide services;
2111 (v) delegate by specific motion of the board any authority granted to it by this section
2112 to the executive director;
2113 (vi) in conjunction with Salt Lake City, expend money to improve or maintain public
2114 property contiguous to East Capitol Boulevard and capitol hill;
2115 (vii) provide wireless Internet service to the public without a fee in any capitol hill
2116 facility; and
2117 (viii) when necessary, consult with the:
2118 (A) Division of Facilities Construction and Management;
2119 (B) State Library Division;
2120 (C) Division of Archives and Records Service;
2121 (D) Division of State History;
2122 (E) Office of Museum Services; and
2123 (F) Arts Council.
2124 (b) The board's provision of wireless Internet service under Subsection (5)(a)(vii) shall
2125 be discontinued in the legislative area if the president of the Senate and the speaker of the
2126 House of Representatives each submit a signed letter to the board indicating that the service is
2127 disruptive to the legislative process and is to be discontinued.
2128 (c) If a budget subcommittee is established by the board, the following shall serve as ex
2129 officio, nonvoting members of the budget subcommittee:

2130 (i) the legislative fiscal analyst, or the analyst's designee, who shall be from the Office
2131 of Legislative Fiscal Analyst; and
2132 (ii) the executive director of the Governor's Office of [Planning] Management and
2133 Budget, or the executive director's designee, who shall be from the Governor's Office of
2134 [Planning] Management and Budget.
2135 (d) If a preservation and maintenance subcommittee is established by the board, the
2136 board may, by majority vote, appoint one or each of the following to serve on the
2137 subcommittee as voting members of the subcommittee:
2138 (i) an architect, who shall be selected from a list of three architects submitted by the
2139 American Institute of Architects; or
2140 (ii) an engineer, who shall be selected from a list of three engineers submitted by the
2141 American Civil Engineers Council.
2142 (e) If the board establishes any subcommittees, the board may, by majority vote,
2143 appoint up to two people who are not members of the board to serve, at the will of the board, as
2144 nonvoting members of a subcommittee.
2145 (f) Members of each subcommittee shall, at the first meeting of each calendar year,
2146 select one individual to act as chair of the subcommittee for a one-year term.
2147 (6) (a) The board, and the employees of the board, may not move the office of the
2148 governor, lieutenant governor, president of the Senate, speaker of the House of
2149 Representatives, or a member of the Legislature from the State Capitol unless the removal is
2150 approved by:
2151 (i) the governor, in the case of the governor's office;
2152 (ii) the lieutenant governor, in the case of the lieutenant governor's office;
2153 (iii) the president of the Senate, in the case of the president's office or the office of a
2154 member of the Senate; or
2155 (iv) the speaker of the House of Representatives, in the case of the speaker's office or
2156 the office of a member of the House.
2157 (b) The board and the employees of the board have no control over the furniture,

2158 furnishings, and decorative objects in the offices of the governor, lieutenant governor, or the
2159 members of the Legislature except as necessary to inventory or conserve items of historical
2160 significance owned by the state.
2161 (c) The board and the employees of the board have no control over records and
2162 documents produced by or in the custody of a state agency, official, or employee having an
2163 office in a building on the capitol hill complex.
2164 (d) Except for items identified by the board as having historical significance, and
2165 except as provided in Subsection (6)(b), the board and the employees of the board have no
2166 control over moveable furnishings and equipment in the custody of a state agency, official, or
2167 employee having an office in a building on the capitol hill complex.
2168 Section 30. Section 63C-9-301 (Effective 05/01/13) is amended to read:
2169 63C-9-301 (Effective 05/01/13). Board powers -- Subcommittees.
2170 (1) The board shall:
2171 (a) except as provided in Subsection (2), exercise complete jurisdiction and
2172 stewardship over capitol hill facilities, capitol hill grounds, and the capitol hill complex;
2173 (b) preserve, maintain, and restore the capitol hill complex, capitol hill facilities,
2174 capitol hill grounds, and their contents;
2175 (c) before October 1 of each year, review and approve the executive director's annual
2176 budget request for submittal to the governor and Legislature;
2177 (d) by October 1 of each year, prepare and submit a recommended budget request for
2178 the upcoming fiscal year for the capitol hill complex to:
2179 (i) the governor, through the Governor's Office of [Planning] Management and Budget;
2180 and
2181 (ii) the Legislature's appropriations subcommittee responsible for capitol hill facilities,
2182 through the Office of Legislative Fiscal Analyst;
2183 (e) review and approve the executive director's:
2184 (i) annual work plan;
2185 (ii) long-range master plan for the capitol hill complex, capitol hill facilities, and

2186 capitol hill grounds; and
2187 (iii) furnishings plan for placement and care of objects under the care of the board;
2188 (f) approve all changes to the buildings and their grounds, including:
2189 (i) restoration, remodeling, and rehabilitation projects;
2190 (ii) usual maintenance program; and
2191 (iii) any transfers or loans of objects under the board's care;
2192 (g) define and identify all significant aspects of the capitol hill complex, capitol hill
2193 facilities, and capitol hill grounds, after consultation with the:
2194 (i) Division of Facilities Construction and Management;
2195 (ii) State Library Division;
2196 (iii) Division of Archives and Records Service;
2197 (iv) Division of State History;
2198 (v) Office of Museum Services; and
2199 (vi) Arts Council;
2200 (h) inventory, define, and identify all significant contents of the buildings and all
2201 state-owned items of historical significance that were at one time in the buildings, after
2202 consultation with the:
2203 (i) Division of Facilities Construction and Management;
2204 (ii) State Library Division;
2205 (iii) Division of Archives and Records Service;
2206 (iv) Division of State History;
2207 (v) Office of Museum Services; and
2208 (vi) Arts Council;
2209 (i) maintain archives relating to the construction and development of the buildings, the
2210 contents of the buildings and their grounds, including documents such as plans, specifications,
2211 photographs, purchase orders, and other related documents, the original copies of which shall
2212 be maintained by the Division of Archives and Records Service;
2213 (j) comply with federal and state laws related to program and facility accessibility; and

2214 (k) establish procedures for receiving, hearing, and deciding complaints or other issues
2215 raised about the capitol hill complex, capitol hill facilities, and capitol hill grounds, or their
2216 use.
2217 (2) (a) Notwithstanding Subsection (1)(a), the supervision and control of the legislative
2218 area, as defined in Section 36-5-1 , is reserved to the Legislature; and
2219 (b) the supervision and control of the governor's area, as defined in Section 67-1-16 , is
2220 reserved to the governor.
2221 (3) (a) The board shall make rules to govern, administer, and regulate the capitol hill
2222 complex, capitol hill facilities, and capitol hill grounds by following the procedures and
2223 requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2224 (b) A person who violates a rule adopted by the board under the authority of this
2225 Subsection (3) is subject to a civil penalty not to exceed $2,500 for each violation, plus the
2226 amount of any actual damages, expenses, and costs related to the violation of the rule that are
2227 incurred by the state.
2228 (c) The board may take any other legal action allowed by law.
2229 (d) If any violation of a rule adopted by the board is also an offense under Title 76,
2230 Utah Criminal Code, the violation is subject to the civil penalty, damages, expenses, and costs
2231 allowed under this Subsection (3) in addition to any criminal prosecution.
2232 (e) The board may not apply this section or rules adopted under the authority of this
2233 section in a manner that violates a person's rights under the Utah Constitution or the First
2234 Amendment to the United States Constitution, including the right of persons to peaceably
2235 assemble.
2236 (f) The board shall send proposed rules under this section to the legislative general
2237 counsel and the governor's general counsel for review and comment before the board adopts the
2238 rules.
2239 (4) The board is exempt from the requirements of Title 63G, Chapter 6a, Utah
2240 Procurement Code, but shall adopt procurement rules substantially similar to the requirements
2241 of that chapter.

2242 (5) (a) The board may:
2243 (i) establish subcommittees made up of board members and members of the public to
2244 assist and support the executive director in accomplishing the executive director's duties;
2245 (ii) establish fees for the use of capitol hill facilities and capitol hill grounds;
2246 (iii) assign and allocate specific duties and responsibilities to any other state agency, if
2247 the other agency agrees to perform the duty or accept the responsibility;
2248 (iv) contract with another state agency to provide services;
2249 (v) delegate by specific motion of the board any authority granted to it by this section
2250 to the executive director;
2251 (vi) in conjunction with Salt Lake City, expend money to improve or maintain public
2252 property contiguous to East Capitol Boulevard and capitol hill;
2253 (vii) provide wireless Internet service to the public without a fee in any capitol hill
2254 facility; and
2255 (viii) when necessary, consult with the:
2256 (A) Division of Facilities Construction and Management;
2257 (B) State Library Division;
2258 (C) Division of Archives and Records Service;
2259 (D) Division of State History;
2260 (E) Office of Museum Services; and
2261 (F) Arts Council.
2262 (b) The board's provision of wireless Internet service under Subsection (5)(a)(vii) shall
2263 be discontinued in the legislative area if the president of the Senate and the speaker of the
2264 House of Representatives each submit a signed letter to the board indicating that the service is
2265 disruptive to the legislative process and is to be discontinued.
2266 (c) If a budget subcommittee is established by the board, the following shall serve as ex
2267 officio, nonvoting members of the budget subcommittee:
2268 (i) the legislative fiscal analyst, or the analyst's designee, who shall be from the Office
2269 of Legislative Fiscal Analyst; and

2270 (ii) the executive director of the Governor's Office of [Planning] Management and
2271 Budget, or the executive director's designee, who shall be from the Governor's Office of
2272 [Planning] Management and Budget.
2273 (d) If a preservation and maintenance subcommittee is established by the board, the
2274 board may, by majority vote, appoint one or each of the following to serve on the
2275 subcommittee as voting members of the subcommittee:
2276 (i) an architect, who shall be selected from a list of three architects submitted by the
2277 American Institute of Architects; or
2278 (ii) an engineer, who shall be selected from a list of three engineers submitted by the
2279 American Civil Engineers Council.
2280 (e) If the board establishes any subcommittees, the board may, by majority vote,
2281 appoint up to two people who are not members of the board to serve, at the will of the board, as
2282 nonvoting members of a subcommittee.
2283 (f) Members of each subcommittee shall, at the first meeting of each calendar year,
2284 select one individual to act as chair of the subcommittee for a one-year term.
2285 (6) (a) The board, and the employees of the board, may not move the office of the
2286 governor, lieutenant governor, president of the Senate, speaker of the House of
2287 Representatives, or a member of the Legislature from the State Capitol unless the removal is
2288 approved by:
2289 (i) the governor, in the case of the governor's office;
2290 (ii) the lieutenant governor, in the case of the lieutenant governor's office;
2291 (iii) the president of the Senate, in the case of the president's office or the office of a
2292 member of the Senate; or
2293 (iv) the speaker of the House of Representatives, in the case of the speaker's office or
2294 the office of a member of the House.
2295 (b) The board and the employees of the board have no control over the furniture,
2296 furnishings, and decorative objects in the offices of the governor, lieutenant governor, or the
2297 members of the Legislature except as necessary to inventory or conserve items of historical

2298 significance owned by the state.
2299 (c) The board and the employees of the board have no control over records and
2300 documents produced by or in the custody of a state agency, official, or employee having an
2301 office in a building on the capitol hill complex.
2302 (d) Except for items identified by the board as having historical significance, and
2303 except as provided in Subsection (6)(b), the board and the employees of the board have no
2304 control over moveable furnishings and equipment in the custody of a state agency, official, or
2305 employee having an office in a building on the capitol hill complex.
2306 Section 31. Section 63C-13-105 is amended to read:
2307 63C-13-105. Authority staff and expenses.
2308 The Governor's Office of [Planning] Management and Budget shall:
2309 (1) provide any necessary staff support for the authority; and
2310 (2) cover authority expenses.
2311 Section 32. Section 63F-1-104 is amended to read:
2312 63F-1-104. Purposes.
2313 The department shall:
2314 (1) lead state executive branch agency efforts to reengineer the state's information
2315 technology architecture with the goal of coordinating central and individual agency information
2316 technology in a manner that:
2317 (a) ensures compliance with the executive branch agency strategic plan; and
2318 (b) ensures that cost-effective, efficient information and communication systems and
2319 resources are being used by agencies to:
2320 (i) reduce data, hardware, and software redundancy;
2321 (ii) improve system interoperability and data accessibility between agencies; and
2322 (iii) meet the agency's and user's business and service needs;
2323 (2) (a) coordinate an executive branch strategic plan for all agencies;
2324 (b) identify best practices from agencies and other public and private sector entities;
2325 and

2326 (c) develop and implement processes to replicate information technology best practices
2327 and standards throughout the executive branch;
2328 (3) oversee the expanded use and implementation of project and contract management
2329 principles as they relate to information technology projects within the executive branch;
2330 (4) serve as general contractor between the state's information technology users and
2331 private sector providers of information technology products and services;
2332 (5) work toward building stronger partnering relationships with providers;
2333 (6) develop service level agreements with executive branch departments and agencies
2334 to ensure quality products and services are delivered on schedule and within budget;
2335 (7) develop standards for application development including a standard methodology
2336 and cost-benefit analysis that all agencies shall utilize for application development activities;
2337 (8) determine and implement statewide efforts to standardize data elements and
2338 determine data ownership assignments among executive branch agencies;
2339 (9) develop systems and methodologies to review, evaluate, and prioritize existing
2340 information technology projects within the executive branch and report to the governor and the
2341 Public Utilities and Technology Interim Committee on a semiannual basis regarding the status
2342 of information technology projects; and
2343 (10) assist the Governor's Office of [Planning] Management and Budget with the
2344 development of information technology budgets for agencies.
2345 Section 33. Section 63F-1-302 is amended to read:
2346 63F-1-302. Information Technology Rate Committee -- Membership -- Duties.
2347 (1) (a) There is created an Information Technology Rate Committee which shall consist
2348 of:
2349 (i) the executive director of the Governor's Office of [Planning] Management and
2350 Budget, or a designee;
2351 (ii) the executive directors, or their designee, of three executive branch agencies that
2352 use services and pay rates to one of the department internal service funds, appointed by the
2353 governor for a two-year term;

2354 (iii) the director of the Division of Finance, or a designee; and
2355 (iv) the chief information officer.
2356 (b) (i) The director of the Division of Finance shall serve as chair of the committee.
2357 (ii) Members of the committee who are state government employees and who do not
2358 receive salary, per diem, or expenses from their agency for their service on the committee shall
2359 receive no compensation, benefits, per diem, or expenses for the member's service on the
2360 committee.
2361 (c) The department shall provide staff services to the committee.
2362 (2) (a) Any internal service funds managed by the department shall submit to the
2363 committee a proposed rate and fee schedule for services rendered by the department to an
2364 executive branch agency or an entity that subscribes to services rendered by the department.
2365 (b) The committee shall:
2366 (i) conduct meetings in accordance with Title 52, Chapter 4, Open and Public Meetings
2367 Act;
2368 (ii) review the proposed rate and fee schedule and determine if the proposed fee is
2369 based on cost recovery as required by Subsection 63F-1-301 (2)(b);
2370 (iii) review the proposed rate and fee schedules and may approve, increase, or decrease
2371 the rate and fee;
2372 (iv) recommend a proposed rate and fee schedule for each internal service fund to:
2373 (A) the Governor's Office of [Planning] Management and Budget; and
2374 (B) the Office of Legislative Fiscal Analyst for review by the Legislature in accordance
2375 with Section 63J-1-410 , which requires the Legislature to approve the internal service fund
2376 agency's rates, fees, and budget in an appropriations act; and
2377 (v) in accordance with Section 63J-1-410 , review and approve, increase or decrease an
2378 interim rate, fee, or amount when an internal service fund agency begins a new service or
2379 introduces a new product between annual general sessions of the Legislature, which rate, fee, or
2380 amount shall be submitted to the Legislature at the next annual general session.
2381 (c) The committee may, in accordance with Subsection 63J-1-410 (4), decrease a rate,

2382 fee, or amount that has been approved by the Legislature.
2383 Section 34. Section 63F-1-508 is amended to read:
2384 63F-1-508. Committee to award grants to counties for inventory and mapping of
2385 R.S. 2477 rights-of-way -- Use of grants -- Request for proposals.
2386 (1) There is created within the center a committee to award grants to counties to
2387 inventory and map R.S. 2477 rights-of-way, associated structures, and other features as
2388 provided by Subsection (5).
2389 (2) (a) The committee shall consist of:
2390 (i) the center manager;
2391 (ii) a representative of the Governor's Office of [Planning] Management and Budget;
2392 (iii) a representative of Utah State University Extension;
2393 (iv) a representative of the Utah Association of Counties; and
2394 (v) three county commissioners.
2395 (b) The committee members specified in Subsections (2)(a)(ii) through (2)(a)(iv) shall
2396 be selected by the organizations they represent.
2397 (c) The committee members specified in Subsection (2)(a)(v) shall be:
2398 (i) selected by the Utah Association of Counties;
2399 (ii) from rural counties; and
2400 (iii) from different regions of the state.
2401 (3) (a) The committee shall select a chair from its membership.
2402 (b) The committee shall meet upon the call of the chair or a majority of the committee
2403 members.
2404 (c) Four members shall constitute a quorum.
2405 (4) (a) Committee members who are state government employees shall receive no
2406 additional compensation for their work on the committee.
2407 (b) Committee members who are not state government employees shall receive no
2408 compensation or expenses from the state for their work on the committee.
2409 (5) (a) The committee shall award grants to counties to:

2410 (i) inventory and map R.S. 2477 rights-of-way using Global Positioning System (GPS)
2411 technology; and
2412 (ii) photograph:
2413 (A) roads and other evidence of construction of R.S. 2477 rights-of-way;
2414 (B) structures or natural features that may be indicative of the purpose for which an
2415 R.S. 2477 right-of-way was created, such as mines, agricultural facilities, recreational
2416 facilities, or scenic overlooks; and
2417 (C) evidence of valid and existing rights on federal lands, such as mines and
2418 agricultural facilities.
2419 (b) (i) The committee may allow counties, while they are conducting the activities
2420 described in Subsection (5)(a), to use grant money to inventory, map, or photograph other
2421 natural or cultural resources.
2422 (ii) Activities funded under Subsection (5)(b)(i) must be integrated with existing
2423 programs underway by state agencies, counties, or institutions of higher education.
2424 (c) Maps and other data acquired through the grants shall become a part of the State
2425 Geographic Information Database.
2426 (d) Counties shall provide an opportunity to interested parties to submit information
2427 relative to the mapping and photographing of R.S. 2477 rights-of-way and other structures as
2428 provided in Subsections (5)(a) and (5)(b).
2429 (6) (a) The committee shall develop a request for proposals process and issue a request
2430 for proposals.
2431 (b) The request for proposals shall require each grant applicant to submit an
2432 implementation plan and identify any monetary or in-kind contributions from the county.
2433 (c) In awarding grants, the committee shall give priority to proposals to inventory, map,
2434 and photograph R.S. 2477 rights-of-way and other structures as specified in Subsection (5)(a)
2435 which are located on federal lands that:
2436 (i) a federal land management agency proposes for special management, such as lands
2437 to be managed as an area of critical environmental concern or primitive area; or

2438 (ii) are proposed to receive a special designation by Congress, such as lands to be
2439 designated as wilderness or a national conservation area.
2440 (7) Each county that receives a grant under the provision of this section shall provide a
2441 copy of all data regarding inventory and mapping to the AGRC for inclusion in the state
2442 database.
2443 Section 35. Section 63I-4-302 is amended to read:
2444 63I-4-302. Governor to require review of commercial activities.
2445 Beginning with fiscal year 2009-10, the governor shall at least once every two fiscal
2446 years:
2447 (1) select at least three commercial activities that are being performed by an agency for
2448 examination; and
2449 (2) require the Governor's Office of [Planning] Management and Budget to conduct the
2450 examination.
2451 Section 36. Section 63I-4-303 is amended to read:
2452 63I-4-303. Duties of the Governor's Office of Management and Budget.
2453 (1) The Governor's Office of [Planning] Management and Budget shall:
2454 (a) determine the amount of an appropriation that is no longer needed by an executive
2455 branch agency because all or a portion of the agency's provision of a good or service is
2456 privatized; and
2457 (b) adjust the governor's budget recommendations to reflect the amount determined
2458 under Subsection (1)(a).
2459 (2) The Governor's Office of [Planning] Management and Budget shall report its
2460 findings to the Legislature.
2461 (3) This section does not prevent the governor from recommending in a budget
2462 recommendation the restoration of a portion of the appropriation to an agency that is reduced
2463 under this section.
2464 Section 37. Section 63J-1-104 is amended to read:
2465 63J-1-104. Revenue types -- Disposition of funds collected or credited by a state

2466 agency.
2467 (1) (a) The Division of Finance shall:
2468 (i) account for revenues in accordance with generally accepted accounting principles;
2469 and
2470 (ii) use the major revenue types in internal accounting.
2471 (b) Each agency shall:
2472 (i) use the major revenue types to account for revenues;
2473 (ii) deposit revenues and other public funds received by them by following the
2474 procedures and requirements of Title 51, Chapter 7, State Money Management Act; and
2475 (iii) expend revenues and public funds as required by this chapter.
2476 (2) (a) Each agency shall deposit its free revenues into the appropriate fund.
2477 (b) An agency may expend free revenues up to the amount specifically appropriated by
2478 the Legislature.
2479 (c) Any free revenue funds appropriated by the Legislature to an agency that remain
2480 unexpended at the end of the fiscal year lapse to the source fund unless the Legislature provides
2481 by law that those funds are nonlapsing.
2482 (3) (a) Each agency shall deposit its restricted revenues into the applicable restricted
2483 account or fund.
2484 (b) Revenues in a restricted account or fund do not lapse to another account or fund
2485 unless otherwise specifically provided for by law or legislative appropriation.
2486 (c) The Legislature may appropriate restricted revenues from a restricted account or
2487 fund for the specific purpose or program designated by law.
2488 (d) If the fund equity of a restricted account or fund is insufficient to provide the
2489 accounts appropriated from it by the Legislature, the Division of Finance may reduce the
2490 appropriation to a level that ensures that the fund equity is not less than zero.
2491 (e) Any restricted revenues appropriated by the Legislature to an agency that remain
2492 unexpended at the end of the fiscal year lapse to the applicable restricted account or fund unless
2493 the Legislature provides by law that those appropriations, or the program or line item financed

2494 by those appropriations, are nonlapsing.
2495 (4) (a) An agency may expend dedicated credits for any purpose within the program or
2496 line item.
2497 (b) (i) Except as provided in Subsection (4)(b)(ii), an agency may not expend dedicated
2498 credits in excess of the amount appropriated as dedicated credits by the Legislature.
2499 (ii) In order to expend dedicated credits in excess of the amount appropriated as
2500 dedicated credits by the Legislature, the following procedure shall be followed:
2501 (A) The agency seeking to make the excess expenditure shall:
2502 (I) develop a new work program that:
2503 (Aa) consists of the currently approved work program and the excess expenditure
2504 sought to be made; and
2505 (Bb) complies with the requirements of Section 63J-2-202 ;
2506 (II) prepare a written justification for the new work program that sets forth the purpose
2507 and necessity of the excess expenditure; and
2508 (III) submit the new work program and the written justification for the new work
2509 program to the Division of Finance.
2510 (B) The Division of Finance shall process the new work program with written
2511 justification and make this information available to the Governor's Office of [Planning]
2512 Management and Budget and the legislative fiscal analyst.
2513 (iii) An expenditure of dedicated credits in excess of amounts appropriated as
2514 dedicated credits by the Legislature may not be used to permanently increase personnel within
2515 the agency unless:
2516 (A) the increase is approved by the Legislature; or
2517 (B) the money is deposited as a dedicated credit in a line item covering tuition or
2518 federal vocational funds at an institution of higher education.
2519 (c) (i) All excess dedicated credits lapse to the appropriate fund at the end of the fiscal
2520 year unless the Legislature has designated the entire program or line item that is partially or
2521 fully funded from dedicated credits as nonlapsing.

2522 (ii) The Division of Finance shall determine the appropriate fund into which the
2523 dedicated credits lapse.
2524 (5) (a) The Legislature may establish by law the maximum amount of fixed collections
2525 that an agency may expend.
2526 (b) If an agency receives less than the maximum amount of expendable fixed
2527 collections established by law, the agency's authority to expend is limited to the amount of
2528 fixed collections that it receives.
2529 (c) If an agency receives fixed collections greater than the maximum amount of
2530 expendable fixed collections established by law, those excess amounts lapse to the General
2531 Fund, the Education Fund, the Transportation Fund, or the Transportation Investment Fund of
2532 2005 as designated by the director of the Division of Finance at the end of the fiscal year.
2533 (6) Unless otherwise specifically provided by law, when an agency has a program or
2534 line item that is funded by more than one major revenue type:
2535 (a) the agency shall expend its dedicated credits and fixed collections first; and
2536 (b) if the program or line item includes both free revenue and restricted revenue, an
2537 agency shall expend those revenues based upon a proration of the amounts appropriated from
2538 each of those major revenue types.
2539 Section 38. Section 63J-1-205 is amended to read:
2540 63J-1-205. Revenue volatility report.
2541 (1) Beginning in 2011 and continuing every three years after 2011, the Legislative
2542 Fiscal Analyst and the Governor's Office of [Planning] Management and Budget shall, by
2543 December 20, submit a joint revenue volatility report to the Executive Appropriations
2544 Committee.
2545 (2) The Legislative Fiscal Analyst and the Governor's Office of [Planning]
2546 Management and Budget shall ensure that the report:
2547 (a) discusses the tax base and the tax revenue volatility of the revenue streams that
2548 provide the source of funding for the state budget;
2549 (b) identifies the balances in the General Fund Budget Reserve Account and the

2550 Education Fund Budget Reserve Account; and
2551 (c) analyzes the adequacy of the balances in the General Fund Budget Reserve Account
2552 and the Education Fund Budget Reserve Account in relation to the volatility of the revenue
2553 streams.
2554 Section 39. Section 63J-1-206 is amended to read:
2555 63J-1-206. Appropriations governed by chapter -- Restrictions on expenditures --
2556 Transfer of funds -- Exclusion.
2557 (1) As used in this section, "work program" means a budget that contains revenues and
2558 expenditures for specific purposes or functions within an item of appropriation.
2559 (2) (a) Except as provided in Subsection (2)(b), (3)(e), or where expressly exempted in
2560 the appropriating act:
2561 (i) all money appropriated by the Legislature is appropriated upon the terms and
2562 conditions set forth in this chapter; and
2563 (ii) any department, agency, or institution that accepts money appropriated by the
2564 Legislature does so subject to the requirements of this chapter.
2565 (b) This section does not apply to:
2566 (i) the Legislature and its committees; and
2567 (ii) the Investigation Account of the Water Resources Construction Fund, which is
2568 governed by Section 73-10-8 .
2569 (3) (a) Each appropriation item is to be expended subject to any schedule of programs
2570 and any restriction attached to the appropriation item, as designated by the Legislature.
2571 (b) Each schedule of programs or restriction attached to an appropriation item:
2572 (i) is a restriction or limitation upon the expenditure of the respective appropriation
2573 made;
2574 (ii) does not itself appropriate any money; and
2575 (iii) is not itself an item of appropriation.
2576 (c) An appropriation or any surplus of any appropriation may not be diverted from any
2577 department, agency, institution, or division to any other department, agency, institution, or

2578 division.
2579 (d) The money appropriated subject to a schedule or programs or restriction may be
2580 used only for the purposes authorized.
2581 (e) In order for a department, agency, or institution to transfer money appropriated to it
2582 from one program to another program within an item of appropriation, the following procedure
2583 shall be followed:
2584 (i) The department, agency, or institution seeking to make the transfer shall prepare:
2585 (A) a new work program for the fiscal year involved that consists of the currently
2586 approved work program and the transfer sought to be made; and
2587 (B) a written justification for the new work program that sets forth the purpose and
2588 necessity for the transfer.
2589 (ii) The Division of Finance shall process the new work program with written
2590 justification and make this information available to the Governor's Office of [Planning]
2591 Management and Budget and the legislative fiscal analyst.
2592 (f) (i) Except as provided in Subsection (3)(f)(ii), money may not be transferred from
2593 one item of appropriation to any other item of appropriation.
2594 (ii) The state superintendent may transfer money appropriated for the Minimum School
2595 Program between line items of appropriation in accordance with Section 53A-17a-105 .
2596 (g) (i) The procedures for transferring money between programs within an item of
2597 appropriation as provided by Subsection (3)(e) do not apply to money appropriated to the State
2598 Board of Education for the Minimum School Program or capital outlay programs created in
2599 Title 53A, Chapter 21, Public Education Capital Outlay Act.
2600 (ii) The state superintendent may transfer money appropriated for the programs
2601 specified in Subsection (3)(g)(i) only as provided by Section 53A-17a-105 .
2602 Section 40. Section 63J-1-217 is amended to read:
2603 63J-1-217. Overexpenditure of budget by agency -- Prorating budget income
2604 shortfall.
2605 (1) Expenditures of departments, agencies, and institutions of state government shall be

2606 kept within revenues available for such expenditures.
2607 (2) (a) Line items of appropriation shall not be overexpended.
2608 (b) Notwithstanding Subsection (2)(a), if an agency's line item is overexpended at the
2609 close of a fiscal year:
2610 (i) the director of the Division of Finance may make payments from the line item to
2611 vendors for goods or services that were received on or before June 30; and
2612 (ii) the director of the Division of Finance shall immediately reduce the agency's line
2613 item budget in the current year by the amount of the overexpenditure.
2614 (c) Each agency with an overexpended line item shall:
2615 (i) prepare a written report explaining the reasons for the overexpenditure; and
2616 (ii) present the report to:
2617 (A) the Board of Examiners as required by Section 63G-9-301 ; and
2618 (B) the Office of the Legislative Fiscal Analyst.
2619 (3) (a) As used in this Subsection (3):
2620 (i) "Education Fund budget deficit" has the same meaning as in Section 63J-1-312 ; and
2621 (ii) "General Fund budget deficit" has the same meaning as in Section 63J-1-312 .
2622 (b) If an Education Fund budget deficit or a General Fund budget deficit exists and the
2623 adopted estimated revenues were prepared in consensus with the Governor's Office of
2624 [Planning] Management and Budget, the governor shall:
2625 (i) direct state agencies to reduce commitments and expenditures by an amount
2626 proportionate to the amount of the deficiency; and
2627 (ii) direct the Division of Finance to reduce allotments to institutions of higher
2628 education by an amount proportionate to the amount of the deficiency.
2629 (c) The governor's directions under Subsection (3)(b) are rescinded when the
2630 Legislature rectifies the Education Fund budget deficit and the General Fund budget deficit.
2631 (4) (a) A department may not receive an advance of funds that cannot be covered by
2632 anticipated revenue within the work program of the fiscal year, unless the governor allocates
2633 money from the governor's emergency appropriations.

2634 (b) All allocations made from the governor's emergency appropriations shall be
2635 reported to the budget subcommittee of the Legislative Management Committee by notifying
2636 the Office of the Legislative Fiscal Analyst at least 15 days before the effective date of the
2637 allocation.
2638 (c) Emergency appropriations shall be allocated only to support activities having
2639 existing legislative approval and appropriation, and may not be allocated to any activity or
2640 function rejected directly or indirectly by the Legislature.
2641 Section 41. Section 63J-1-411 is amended to read:
2642 63J-1-411. Internal service funds -- End of fiscal year -- Unused authority for
2643 capital acquisition.
2644 (1) An internal service fund agency's authority to acquire capital assets under
2645 Subsection 63J-1-410 (8)(a) shall lapse if the acquisition of the capital asset does not occur in
2646 the fiscal year in which the authorization is included in the appropriations act, unless the
2647 Legislature identifies the authority to acquire the capital asset as nonlapsing authority:
2648 (a) for a specific one-time project and a limited period of time in the Legislature's
2649 initial appropriation to the agency; or
2650 (b) in a supplemental appropriation in accordance with Subsection (2).
2651 (2) (a) An internal service fund agency's authority to acquire capital assets may be
2652 retained as nonlapsing authorization if the internal service fund agency includes a one-time
2653 project's list as part of the budget request that it submits to the governor and the Legislature at
2654 the annual general session of the Legislature immediately before the end of the fiscal year in
2655 which the agency may have unused capital acquisition authority.
2656 (b) The governor:
2657 (i) may approve some or all of the items from an agency's one-time project's list; and
2658 (ii) shall identify and prioritize any approved one-time projects in the budget that the
2659 governor submits to the Legislature.
2660 (c) The Legislature:
2661 (i) may approve some or all of the specific items from an agency's one-time project's

2662 list as an approved capital acquisition for an agency's appropriation balance;
2663 (ii) shall identify any authorized one-time projects in the appropriate line item
2664 appropriation; and
2665 (iii) may prioritize one-time projects in intent language.
2666 (3) An internal service fund agency shall submit a status report of outstanding
2667 nonlapsing authority to acquire capital assets and associated one-time projects to the
2668 Governor's Office of [Planning] Management and Budget and the Legislative Fiscal Analyst's
2669 Office with the proposed budget submitted by the governor as provided under Section
2670 63J-1-201 .
2671 Section 42. Section 63J-1-504 is amended to read:
2672 63J-1-504. Fees -- Adoption, procedure, and approval -- Establishing and
2673 assessing fees without legislative approval.
2674 (1) As used in this section:
2675 (a) (i) "Agency" means each department, commission, board, council, agency,
2676 institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
2677 unit, bureau, panel, or other administrative unit of the state.
2678 (ii) "Agency" does not mean the Legislature or its committees.
2679 (b) "Fee agency" means any agency that is authorized to establish fees.
2680 (c) "Fee schedule" means the complete list of fees charged by a fee agency and the
2681 amount of those fees.
2682 (2) Each fee agency shall adopt a schedule of fees assessed for services provided by the
2683 fee agency that are:
2684 (a) reasonable, fair, and reflect the cost of services provided; and
2685 (b) established according to a cost formula determined by the executive director of the
2686 Governor's Office of [Planning] Management and Budget and the director of the Division of
2687 Finance in conjunction with the agency seeking to establish the fee.
2688 (3) Except as provided in Subsection (6), a fee agency may not:
2689 (a) set fees by rule; or

2690 (b) create, change, or collect any fee unless the fee has been established according to
2691 the procedures and requirements of this section.
2692 (4) Each fee agency that is proposing a new fee or proposing to change a fee shall:
2693 (a) present each proposed fee at a public hearing, subject to the requirements of Title
2694 52, Chapter 4, Open and Public Meetings Act;
2695 (b) increase, decrease, or affirm each proposed fee based on the results of the public
2696 hearing;
2697 (c) except as provided in Subsection (6), submit the fee schedule to the Legislature as
2698 part of the agency's annual appropriations request; and
2699 (d) where necessary, modify the fee schedule to implement the Legislature's actions.
2700 (5) (a) Each fee agency shall submit its fee schedule or special assessment amount to
2701 the Legislature for its approval on an annual basis.
2702 (b) The Legislature may approve, increase or decrease and approve, or reject any fee
2703 submitted to it by a fee agency.
2704 (6) After conducting the public hearing required by this section, a fee agency may
2705 establish and assess fees without first obtaining legislative approval if:
2706 (a) (i) the Legislature creates a new program that is to be funded by fees to be set by the
2707 Legislature;
2708 (ii) the new program's effective date is before the Legislature's next annual general
2709 session; and
2710 (iii) the fee agency submits the fee schedule for the new program to the Legislature for
2711 its approval at a special session, if allowed in the governor's call, or at the next annual general
2712 session of the Legislature, whichever is sooner;
2713 (b) the Division of Occupational and Professional licensing makes a special assessment
2714 against qualified beneficiaries under the Residence Lien Restriction and Lien Recovery Fund
2715 Act as provided in Subsection 38-11-206 (1); or
2716 (c) (i) the fee agency proposes to increase or decrease an existing fee for the purpose of
2717 adding or removing a transactional fee that is charged or assessed by a non-governmental third

2718 party but is included as part of the fee charged by the fee agency;
2719 (ii) the amount of the increase or decrease in the fee is equal to the amount of the
2720 transactional fee charged or assessed by the non-governmental third party; and
2721 (iii) the increased or decreased fee is submitted to the Legislature for its approval at a
2722 special session, if allowed in the governor's call, or at the next annual session of the
2723 Legislature, whichever is sooner.
2724 (7) (a) Each fee agency that wishes to change any fee shall submit to the governor as
2725 part of the agency's annual appropriation request a list that identifies:
2726 (i) the title or purpose of the fee;
2727 (ii) the present amount of the fee;
2728 (iii) the proposed new amount of the fee;
2729 (iv) the percent that the fee will have increased if the Legislature approves the higher
2730 fee;
2731 (v) the estimated total annual revenue change that will result from the change in the
2732 fee;
2733 (vi) the account or fund into which the fee will be deposited; and
2734 (vii) the reason for the change in the fee.
2735 (b) (i) The governor may review and approve, modify and approve, or reject the fee
2736 increases.
2737 (ii) The governor shall transmit the list required by Subsection (7)(a), with any
2738 modifications, to the Legislative Fiscal Analyst with the governor's budget recommendations.
2739 (c) Bills approving any fee change shall be filed before the beginning of the
2740 Legislature's annual general session, if possible.
2741 (8) (a) Except as provided in Subsection (8)(b), the School and Institutional Trust
2742 Lands Administration, established in Section 53C-1-201 , is exempt from the requirements of
2743 this section.
2744 (b) The following fees of the School and Institutional Trust Lands Administration are
2745 subject to the requirements of this section: application, assignment, amendment, affidavit for

2746 lost documents, name change, reinstatement, grazing nonuse, extension of time, partial
2747 conveyance, patent reissue, collateral assignment, electronic payment, and processing.
2748 Section 43. Section 63J-1-701 is amended to read:
2749 63J-1-701. Request for in-depth budget review of agency or program -- Form of
2750 budget submitted.
2751 The Legislative Management Committee, upon recommendation of an appropriations
2752 subcommittee of the Legislature, may request of the governor for any designated fiscal year, an
2753 in-depth budget review of any state department, agency, institution, or program. When
2754 responding to a request for an in-depth budget review, the governor shall submit for the
2755 department, agency, institution, or program for the fiscal year indicated a budget prepared in
2756 accordance with Section 63J-1-702 and using the format and procedures developed by the
2757 executive director of the Governor's Office of [Planning] Management and Budget in
2758 cooperation with the legislative fiscal analyst. This format shall be constructed to assist the
2759 analyst and the Legislature in reviewing the justification for selected departments, agencies,
2760 and institutions or any of their programs and activities.
2761 Section 44. Section 63J-1-702 is amended to read:
2762 63J-1-702. Purpose of review -- Information submitted.
2763 The purpose of an in-depth budget review is to determine whether each department,
2764 agency, institution, or program warrants continuation of its current level of expenditure or at a
2765 different level, or if it should be terminated. The budget for a state department, agency,
2766 institution, or program subject to an in-depth budget review shall be a detailed plan in which
2767 programs and activities within programs are organized and budgeted after analysis and
2768 evaluation are made of all proposed expenditures. In the presentation of the budget of a
2769 department, agency, institution, or program subject to in-depth budget review, the governor
2770 shall include the following:
2771 (1) a statement of agency and program objectives, effectiveness measures, and program
2772 size indicators;
2773 (2) alternative funding levels for each program with effectiveness measures and

2774 program size indicators detailed for each alternative funding level. Alternative funding levels
2775 shall be determined as percentages of the appropriations level authorized by the Legislature for
2776 the current fiscal year. The percentages shall be determined for each in-depth budget review by
2777 the executive director of the Governor's Office of [Planning] Management and Budget in
2778 consultation with the legislative fiscal analyst;
2779 (3) a priority ranking of all programs and activities in successively increasing levels of
2780 performance and funding;
2781 (4) other budgetary information requested by the legislative fiscal analyst; and
2782 (5) a statement containing further recommendations of the governor as appropriate.
2783 Section 45. Section 63J-3-102 is amended to read:
2784 63J-3-102. Purpose of chapter -- Limitations on state mandated property tax,
2785 state appropriations, and state debt.
2786 (1) (a) It is the purpose of this chapter to:
2787 (i) place a limitation on the state mandated property tax rate under Title 53A, Chapter
2788 17a, Minimum School Program Act;
2789 (ii) place limitations on state government appropriations based upon the combined
2790 changes in population and inflation; and
2791 (iii) place a limitation on the state's outstanding general obligation debt.
2792 (b) The limitations imposed by this chapter are in addition to limitations on tax levies,
2793 rates, and revenues otherwise provided for by law.
2794 (2) (a) This chapter may not be construed as requiring the state to collect the full
2795 amount of tax revenues permitted to be appropriated by this chapter.
2796 (b) This chapter's purpose is to provide a ceiling, not a floor, limitation on the
2797 appropriations of state government.
2798 (3) The recommendations and budget analysis prepared by the Governor's Office of
2799 [Planning] Management and Budget and the Office of the Legislative Fiscal Analyst, as
2800 required by Title 36, Chapter 12, Legislative Organization, shall be in strict compliance with
2801 the limitations imposed under this chapter.

2802 Section 46. Section 63J-3-103 is amended to read:
2803 63J-3-103. Definitions.
2804 As used in this chapter:
2805 (1) (a) "Appropriations" means actual unrestricted capital and operating appropriations
2806 from unrestricted General Fund and Education Fund sources.
2807 (b) "Appropriations" includes appropriations that are contingent upon available
2808 surpluses in the General Fund and Education Fund.
2809 (c) "Appropriations" does not mean:
2810 (i) public education expenditures;
2811 (ii) Utah Education Network expenditures in support of public education;
2812 (iii) Utah College of Applied Technology expenditures in support of public education;
2813 (iv) Tax Commission expenditures related to collection of income taxes in support of
2814 public education;
2815 (v) debt service expenditures;
2816 (vi) emergency expenditures;
2817 (vii) expenditures from all other fund or subfund sources;
2818 (viii) transfers or appropriations from the Education Fund to the Uniform School Fund;
2819 (ix) transfers into, or appropriations made to, the General Fund Budget Reserve
2820 Account established in Section 63J-1-312 ;
2821 (x) transfers into, or appropriations made to, the Education Budget Reserve Account
2822 established in Section 63J-1-313 ;
2823 (xi) transfers in accordance with Section 63J-1-314 into, or appropriations made to the
2824 State Disaster Recovery Restricted Account created in Section 53-2-403 ;
2825 (xii) money appropriated to fund the total one-time project costs for the construction of
2826 capital developments as defined in Section 63A-5-104 ;
2827 (xiii) transfers or deposits into or appropriations made to the Centennial Highway Fund
2828 Restricted Account created by Section 72-2-118 ;
2829 (xiv) transfers or deposits into or appropriations made to the Transportation Investment

2830 Fund of 2005 created by Section 72-2-124 ;
2831 (xv) transfers or deposits into or appropriations made to:
2832 (A) the Department of Transportation from any source; or
2833 (B) any transportation-related account or fund from any source; or
2834 (xvi) supplemental appropriations from the General Fund to the Division of Forestry,
2835 Fire, and State Lands to provide money for wildland fire control expenses incurred during the
2836 current or previous fire years.
2837 (2) "Base year real per capita appropriations" means the result obtained for the state by
2838 dividing the fiscal year 1985 actual appropriations of the state less debt money by:
2839 (a) the state's July 1, 1983 population; and
2840 (b) the fiscal year 1983 inflation index divided by 100.
2841 (3) "Calendar year" means the time period beginning on January 1 of any given year
2842 and ending on December 31 of the same year.
2843 (4) "Fiscal emergency" means an extraordinary occurrence requiring immediate
2844 expenditures and includes the settlement under Laws of Utah 1988, Fourth Special Session,
2845 Chapter 4.
2846 (5) "Fiscal year" means the time period beginning on July 1 of any given year and
2847 ending on June 30 of the subsequent year.
2848 (6) "Fiscal year 1985 actual base year appropriations" means fiscal year 1985 actual
2849 capital and operations appropriations from General Fund and non-Uniform School Fund
2850 income tax revenue sources, less debt money.
2851 (7) "Inflation index" means the change in the general price level of goods and services
2852 as measured by the Gross National Product Implicit Price Deflator of the Bureau of Economic
2853 Analysis, U.S. Department of Commerce calculated as provided in Section 63J-3-202 .
2854 (8) (a) "Maximum allowable appropriations limit" means the appropriations that could
2855 be, or could have been, spent in any given year under the limitations of this chapter.
2856 (b) "Maximum allowable appropriations limit" does not mean actual appropriations
2857 spent or actual expenditures.

2858 (9) "Most recent fiscal year's inflation index" means the fiscal year inflation index two
2859 fiscal years previous to the fiscal year for which the maximum allowable inflation and
2860 population appropriations limit is being computed under this chapter.
2861 (10) "Most recent fiscal year's population" means the fiscal year population two fiscal
2862 years previous to the fiscal year for which the maximum allowable inflation and population
2863 appropriations limit is being computed under this chapter.
2864 (11) "Population" means the number of residents of the state as of July 1 of each year
2865 as calculated by the Governor's Office of [Planning] Management and Budget according to the
2866 procedures and requirements of Section 63J-3-202 .
2867 (12) "Revenues" means the revenues of the state from every tax, penalty, receipt, and
2868 other monetary exaction and interest connected with it that are recorded as unrestricted revenue
2869 of the General Fund and from non-Uniform School Fund income tax revenues, except as
2870 specifically exempted by this chapter.
2871 (13) "Security" means any bond, note, warrant, or other evidence of indebtedness,
2872 whether or not the bond, note, warrant, or other evidence of indebtedness is or constitutes an
2873 "indebtedness" within the meaning of any provision of the constitution or laws of this state.
2874 Section 47. Section 63J-3-202 is amended to read:
2875 63J-3-202. Computing formula elements.
2876 (1) For purposes of calculating fiscal year inflation indexes for the previous fiscal year,
2877 the Governor's Office of [Planning] Management and Budget shall use:
2878 (a) the actual quarterly data released by the U.S. Department of Commerce as of
2879 January 31 of each year; and
2880 (b) the most recent U.S. Bureau of Census population estimates as of January 31 of
2881 each year.
2882 (2) (a) For purposes of computing the inflation index, the Governor's Office of
2883 [Planning] Management and Budget shall:
2884 (i) assign the bureau's 1982 calendar year inflation index value of 100 to fiscal year
2885 1989 for purposes of computing fiscal year index values;

2886 (ii) compute all subsequent fiscal year inflation indexes after having assigned the fiscal
2887 year 1989 inflation index a value of 100; and
2888 (iii) use the quarterly index values published by the Bureau of Economic Analysis,
2889 U.S. Department of Commerce, to compute fiscal year index values.
2890 (b) If the bureau changes its calendar base year, appropriate adjustments are to be made
2891 in this chapter to accommodate those changes.
2892 (3) (a) For purposes of computing the most recent fiscal year's population, the
2893 Governor's Office of [Planning] Management and Budget shall convert the April 1 decennial
2894 census estimate to a July 1 estimate, unless otherwise estimated by the Bureau of Census.
2895 (b) If the bureau changes the state's July 1, 1983 base year population after it conducts
2896 the 1990 Census, appropriate adjustments shall be made in this chapter to accommodate those
2897 changes.
2898 Section 48. Section 63J-4-101 is amended to read:
2899 CHAPTER 4. GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
2900 63J-4-101. Title.
2901 This chapter is known as the "Governor's Office of [Planning] Management and
2902 Budget."
2903 Section 49. Section 63J-4-102 is amended to read:
2904 63J-4-102. Definitions.
2905 As used in this chapter:
2906 (1) "Committee" means the Resource Development Coordinating Committee created
2907 by this chapter.
2908 (2) ["Director"] "Executive director" means the chief administrative officer of the
2909 Governor's Office of [Planning] Management and Budget appointed as provided in this chapter.
2910 (3) "Office" means the Governor's Office of [Planning] Management and Budget
2911 created by this chapter.
2912 (4) "Political subdivision" means a county, municipality, local district, special service
2913 district, school district, interlocal cooperation agreement entity, or any administrative subunit

2914 of them.
2915 (5) "State planning coordinator" means the person appointed as planning coordinator as
2916 provided in this chapter.
2917 Section 50. Section 63J-4-201 is amended to read:
2918 63J-4-201. Creation.
2919 There is created within the governor's office the Governor's Office of [Planning]
2920 Management and Budget to be administered by [a] an executive director.
2921 Section 51. Section 63J-4-202 is amended to read:
2922 63J-4-202. Appointment of executive director, state planning coordinator, and
2923 inspector general of Medicaid Services.
2924 (1) (a) The governor shall appoint, to serve at the governor's pleasure:
2925 (i) [a] an executive director of the Governor's Office of [Planning] Management and
2926 Budget; and
2927 (ii) a state planning coordinator.
2928 (b) The state planning coordinator is considered part of the office for purposes of
2929 administration.
2930 (2) The governor shall establish the executive director's salary within the salary range
2931 fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
2932 (3) (a) In accordance with Section 63J-4a-201 , the governor shall appoint, with the
2933 advice and consent of the Senate, the inspector general of the Office of Inspector General of
2934 Medicaid Services.
2935 (b) The Office of Inspector General of Medicaid Services is considered part of the
2936 office for purposes of administration.
2937 Section 52. Section 63J-4-301 is amended to read:
2938 63J-4-301. Duties of the executive director and office.
2939 (1) The executive director and the office shall:
2940 (a) comply with the procedures and requirements of Title 63J, Chapter 1, Budgetary
2941 Procedures Act;

2942 (b) under the direct supervision of the governor, assist the governor in the preparation
2943 of the governor's budget recommendations;
2944 (c) advise the governor with regard to approval or revision of agency work programs as
2945 specified in Section 63J-1-209 ; [and]
2946 (d) establish benchmarking practices for measuring operational costs, quality of
2947 service, and effectiveness across all state agencies and programs;
2948 (e) assist agencies with the development of an operational plan that uses continuous
2949 improvement tools and operational metrics to increase statewide capacity and improve
2950 interagency integration;
2951 (f) review and assess agency budget requests and expenditures using a clear set of goals
2952 and measures;
2953 (g) develop and maintain enterprise portfolio and electronic information systems to
2954 select and oversee the execution of projects, ensure a return on investment, and trace and report
2955 performance metrics; and
2956 [(d)] (h) perform other duties and responsibilities as assigned by the governor.
2957 (2) (a) The executive director of the Governor's Office of [Planning] Management and
2958 Budget or the executive director's designee is the Federal Assistance Management Officer.
2959 (b) In acting as the Federal Assistance Management Officer, the executive director or
2960 designee shall:
2961 (i) study the administration and effect of federal assistance programs in the state and
2962 advise the governor and the Legislature, through the Office of Legislative Fiscal Analyst and
2963 the Executive Appropriations Committee, of alternative recommended methods and procedures
2964 for the administration of these programs;
2965 (ii) assist in the coordination of federal assistance programs that involve or are
2966 administered by more than one state agency; and
2967 (iii) analyze and advise on applications for new federal assistance programs submitted
2968 to the governor for approval as required by Chapter 5, Federal Funds Procedures.
2969 Section 53. Section 63J-4-501 is amended to read:

2970 63J-4-501. Creation.
2971 There is created the Resource Development Coordinating Committee within the
2972 Governor's Office of [Planning] Management and Budget to:
2973 (1) assist the state planning coordinator in fulfilling the responsibilities of reviewing
2974 and coordinating technical and policy actions that may affect the physical resources of the state;
2975 and
2976 (2) facilitate the exchange of information on those actions among state agencies and
2977 other levels of government.
2978 Section 54. Section 63J-4a-201 is amended to read:
2979 63J-4a-201. Creation of office -- Inspector general -- Appointment -- Term.
2980 (1) There is created, within the Governor's Office of [Planning] Management and
2981 Budget, the Office of Inspector General of Medicaid Services.
2982 (2) The governor shall appoint the inspector general, with the advice and consent of the
2983 Senate.
2984 (3) A person appointed as the inspector general shall:
2985 (a) be a certified public accountant or a certified internal auditor; and
2986 (b) have the following qualifications:
2987 (i) a general knowledge of the type of methodology and controls necessary to audit,
2988 investigate, and identify fraud, waste, and abuse;
2989 (ii) strong management skills;
2990 (iii) extensive knowledge of, and at least seven years experience with, performance
2991 audit methodology;
2992 (iv) the ability to oversee and execute an audit; and
2993 (v) strong interpersonal skills.
2994 (4) The inspector general:
2995 (a) shall serve a term of two years; and
2996 (b) may be removed by the governor, for cause.
2997 (5) If the inspector general is removed for cause, a new inspector general shall be

2998 appointed, with the advice and consent of the Senate, to serve a two-year term.
2999 Section 55. Section 63J-5-201 is amended to read:
3000 63J-5-201. Legislative Appropriation Subcommittees to review certain federal
3001 funds reauthorizations -- Executive Appropriations review -- Legislative approval.
3002 (1) The Governor's Office of [Planning] Management and Budget shall annually
3003 prepare and submit a federal funds request summary for each agency to the Legislative Fiscal
3004 Analyst at the same time the governor submits the confidential draft budget under Section
3005 63J-1-201 .
3006 (2) (a) The Legislative Fiscal Analyst, as directed by the Executive Appropriations
3007 Committee, may include federal funds in the base budget appropriations act or acts, when those
3008 acts are prepared as provided in JR3-2-402.
3009 (b) The Legislative Fiscal Analyst shall submit a federal funds request summary for
3010 each agency to the legislative appropriations subcommittee responsible for that agency's budget
3011 for review during each annual general session.
3012 (3) Each legislative appropriations subcommittee shall review the federal funds request
3013 summary and may:
3014 (a) recommend that the agency accept the federal funds or participate in the federal
3015 program for the fiscal year under consideration; or
3016 (b) recommend that the agency not accept the federal funds or not participate in the
3017 federal program for the fiscal year under consideration.
3018 (4) The Legislative Executive Appropriations Committee shall:
3019 (a) review each subcommittee's recommendation;
3020 (b) determine whether or not the agency should be authorized to accept the federal
3021 funds or participate in the federal program; and
3022 (c) direct the Legislative Fiscal Analyst to include or exclude those federal funds and
3023 federal programs in an annual appropriations act for approval by the Legislature.
3024 (5) Legislative approval of an appropriations act containing federal funds constitutes
3025 legislative approval of the federal grants or awards associated with the federal funds for the

3026 purposes of compliance with the requirements of this chapter.
3027 Section 56. Section 63J-5-202 is amended to read:
3028 63J-5-202. Governor to approve certain new federal funds requests.
3029 (1) (a) Before obligating the state to accept or receive new federal funds or to
3030 participate in a new federal program, and no later than three months after submitting a new
3031 federal funds request, and, where possible, before formally submitting the new federal funds
3032 request, an executive branch agency shall submit a federal funds request summary to the
3033 governor or the governor's designee for approval or rejection when:
3034 (i) the state will receive total payments of $1,000,000 or less per year if the new federal
3035 funds request is approved;
3036 (ii) receipt of the new federal funds will require no additional permanent full-time
3037 employees, permanent part-time employees, or combination of additional permanent full-time
3038 employees and permanent part-time employees; and
3039 (iii) no new state money will be required to match the new federal funds or to
3040 implement the new federal program for which the grant is issued.
3041 (b) The Governor's Office of [Planning] Management and Budget shall report each new
3042 federal funds request that is approved by the governor or the governor's designee and each new
3043 federal funds request granted by the federal government to:
3044 (i) the Legislature's Executive Appropriations Committee;
3045 (ii) the Office of the Legislative Fiscal Analyst; and
3046 (iii) the Office of Legislative Research and General Counsel.
3047 (2) The governor or the governor's designee shall approve or reject each new federal
3048 funds request submitted under the authority of this section.
3049 (3) (a) If the governor or the governor's designee approves the new federal funds
3050 request, the executive branch agency may accept the new federal funds or participate in the new
3051 federal program.
3052 (b) If the governor or the governor's designee rejects the new federal funds request, the
3053 executive branch agency may not accept the new federal funds or participate in the new federal

3054 program.
3055 (4) If an executive branch agency fails to obtain the governor's or the governor's
3056 designee's approval under this section, the governor may require the agency to:
3057 (a) withdraw the new federal funds request;
3058 (b) return the federal funds;
3059 (c) withdraw from the federal program; or
3060 (d) any combination of Subsections (4)(a), (4)(b), and (4)(c).
3061 Section 57. Section 63J-7-201 is amended to read:
3062 63J-7-201. Governor to approve certain grant requests.
3063 (1) (a) Before obligating the state to accept or receive a grant, an executive branch
3064 agency shall submit a grant summary to the governor or the governor's designee for approval or
3065 rejection when:
3066 (i) the executive branch agency would receive a grant of at least $10,000 but no more
3067 than $50,000 if the grant is approved;
3068 (ii) receipt of the grant will require no additional permanent full-time employees,
3069 permanent part-time employees, or combination of additional permanent full-time employees
3070 and permanent part-time employees; and
3071 (iii) no new state money will be required to match the grant.
3072 (b) The Governor's Office of [Planning] Management and Budget shall report each
3073 grant authorized under this section to:
3074 (i) the Legislature's Executive Appropriations Committee; and
3075 (ii) the Office of the Legislative Fiscal Analyst.
3076 (2) The governor or the governor's designee shall approve or reject each grant
3077 submitted under the authority of this section.
3078 (3) (a) If the governor or the governor's designee approves the grant, the executive
3079 branch agency may accept the grant.
3080 (b) If the governor or the governor's designee rejects the grant, the executive branch
3081 agency may not accept the grant.

3082 (4) If an executive branch agency fails to obtain the governor's or the governor's
3083 designee's approval under this section, the governor may require the agency to return the grant.
3084 Section 58. Section 63M-1-910 is amended to read:
3085 63M-1-910. Annual policy considerations.
3086 (1) The board shall determine annually which industries or groups of industries shall be
3087 targeted industries as defined in Section 63M-1-902 .
3088 (2) In designating an economically disadvantaged rural area, the board shall consider
3089 the average agricultural and nonagricultural wage, personal income, unemployment, and
3090 employment in the area.
3091 (3) In evaluating the economic impact of applications for assistance, the board shall use
3092 an econometric cost-benefit model or models adopted by the Governor's Office of [Planning]
3093 Management and Budget.
3094 (4) The board may establish:
3095 (a) minimum interest rates to be applied to loans granted that reflect a fair social rate of
3096 return to the state comparable to prevailing market-based rates such as the prime rate, U.S.
3097 Government T-bill rate, or bond coupon rate as paid by the state, adjusted by social indicators
3098 such as the rate of unemployment; and
3099 (b) minimum applicant expense ratios, as long as they are at least equal to those
3100 required under Subsection 63M-1-906 (1)(a) or 63M-1-908 (1)(b)(i)(A).
3101 Section 59. Section 63M-1-2407 is amended to read:
3102 63M-1-2407. Reports of new state revenues, partial rebates, and tax credits.
3103 (1) Before December 1 of each year, the office shall submit a report to the Governor's
3104 Office of [Planning] Management and Budget, the Office of Legislative Fiscal Analyst, and the
3105 Division of Finance identifying:
3106 (a) (i) the total estimated amount of new state revenues created from new commercial
3107 projects in the development zones; and
3108 (ii) the estimated amount of new state revenues from new commercial projects in the
3109 development zones that will be generated from:

3110 (A) sales tax;
3111 (B) income tax; and
3112 (C) corporate franchise and income tax;
3113 (b) (i) the total estimated amount of partial rebates as defined in Section 63M-1-2408
3114 that the office projects will be required to be paid in the next fiscal year; and
3115 (ii) the estimated amount of partial rebates as defined in Section 63M-1-2408 that are
3116 attributable to:
3117 (A) sales tax;
3118 (B) income tax; and
3119 (C) corporate franchise and income tax; and
3120 (c) the total estimated amount of tax credits that the office projects that business
3121 entities, local government entities, or community development and renewal agencies will
3122 qualify to claim under this part.
3123 (2) By the first business day of each month, the office shall submit a report to the
3124 Governor's Office of [Planning] Management and Budget, the Office of Legislative Fiscal
3125 Analyst, and the Division of Finance identifying:
3126 (a) each new agreement entered into by the office since the last report;
3127 (b) the estimated amount of new state revenues that will be generated under each
3128 agreement; and
3129 (c) the estimated amount of tax credits that a business entity, local government entity,
3130 or community development and renewal agency could qualify for under each agreement.
3131 Section 60. Section 63M-1-2603 (Superseded 05/01/13) is amended to read:
3132 63M-1-2603 (Superseded 05/01/13). Government Procurement Private Proposal
3133 Program -- Proposals -- Rulemaking.
3134 (1) There is created within the office the Government Procurement Private Proposal
3135 Program.
3136 (2) In accordance with this part, the board may:
3137 (a) accept a proposal for a project;

3138 (b) solicit comments, suggestions, and modifications to a project in accordance with
3139 Section 63G-6-408.5 ; and
3140 (c) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
3141 Rulemaking Act, establishing requirements, including time limits for any action required by the
3142 affected department, a directly affected state entity or school district, or the Governor's Office
3143 of [Planning] Management and Budget, for the procurement of a project to the extent not
3144 governed by Title 63G, Chapter 6, Utah Procurement Code.
3145 Section 61. Section 63M-1-2603 (Effective 05/01/13) is amended to read:
3146 63M-1-2603 (Effective 05/01/13). Government Procurement Private Proposal
3147 Program -- Proposals -- Rulemaking.
3148 (1) There is created within the office the Government Procurement Private Proposal
3149 Program.
3150 (2) In accordance with this part, the board may:
3151 (a) accept a proposal for a project;
3152 (b) solicit comments, suggestions, and modifications to a project in accordance with
3153 Section 63G-6a-711 ; and
3154 (c) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
3155 Rulemaking Act, establishing requirements, including time limits for any action required by the
3156 affected department, a directly affected state entity or school district, or the Governor's Office
3157 of [Planning] Management and Budget, for the procurement of a project to the extent not
3158 governed by Title 63G, Chapter 6a, Utah Procurement Code.
3159 Section 62. Section 63M-1-2606 (Superseded 05/01/13) is amended to read:
3160 63M-1-2606 (Superseded 05/01/13). Review of initial proposal -- Affected
3161 department review.
3162 (1) The committee shall review and evaluate an initial proposal submitted in
3163 accordance with:
3164 (a) this part; and
3165 (b) any rule established by the board under Section 63M-1-2603 .

3166 (2) If the committee, in its sole discretion, determines to proceed with the project, the
3167 committee shall submit a copy of the initial proposal to:
3168 (a) the affected department; and
3169 (b) the Governor's Office of [Planning] Management and Budget.
3170 (3) (a) An affected department, directly affected state entity, and school district
3171 receiving a copy of the initial proposal under Subsection (2) or (4) shall review the initial
3172 proposal and provide the committee with any comment, suggestion, or modification to the
3173 project.
3174 (b) After receiving an initial proposal, the Governor's Office of [Planning]
3175 Management and Budget shall prepare an economic feasibility report containing:
3176 (i) information concerning the economic feasibility and effectiveness of the project
3177 based upon competent evidence;
3178 (ii) a dollar amount representing the total estimated fiscal impact of the project to the
3179 affected department and the state; and
3180 (iii) any other matter the committee requests or is required by the board by rule.
3181 (4) In reviewing an initial proposal, the affected department shall share the initial
3182 proposal with any other state entity or school district that will be directly affected if the
3183 proposal is ultimately adopted, if the confidentiality of the initial proposal is maintained.
3184 (5) If the committee determines to proceed with the project, the committee shall submit
3185 a copy of the initial proposal, including any comment, suggestion, or modification to the initial
3186 proposal, to:
3187 (a) the chief procurement officer in accordance with Section 63G-6-408.5 ; and
3188 (b) the Executive Appropriations Committee, for informational purposes.
3189 (6) Before taking any action under Subsection (5), the committee shall consider:
3190 (a) any comment, suggestion, or modification to the initial proposal submitted in
3191 accordance with Subsection (3);
3192 (b) the extent to which the project is practical, efficient, and economically beneficial to
3193 the state and the affected department;

3194 (c) the economic feasibility report prepared by the Governor's Office of [Planning]
3195 Management and Budget; and
3196 (d) any other reasonable factor identified by the committee or required by the board by
3197 rule.
3198 Section 63. Section 63M-1-2606 (Effective 05/01/13) is amended to read:
3199 63M-1-2606 (Effective 05/01/13). Review of initial proposal -- Affected
3200 department review.
3201 (1) The committee shall review and evaluate an initial proposal submitted in
3202 accordance with:
3203 (a) this part; and
3204 (b) any rule established by the board under Section 63M-1-2603 .
3205 (2) If the committee, in its sole discretion, determines to proceed with the project, the
3206 committee shall submit a copy of the initial proposal to:
3207 (a) the affected department; and
3208 (b) the Governor's Office of [Planning] Management and Budget.
3209 (3) (a) An affected department, directly affected state entity, and school district
3210 receiving a copy of the initial proposal under Subsection (2) or (4) shall review the initial
3211 proposal and provide the committee with any comment, suggestion, or modification to the
3212 project.
3213 (b) After receiving an initial proposal, the Governor's Office of [Planning]
3214 Management and Budget shall prepare an economic feasibility report containing:
3215 (i) information concerning the economic feasibility and effectiveness of the project
3216 based upon competent evidence;
3217 (ii) a dollar amount representing the total estimated fiscal impact of the project to the
3218 affected department and the state; and
3219 (iii) any other matter the committee requests or is required by the board by rule.
3220 (4) In reviewing an initial proposal, the affected department shall share the initial
3221 proposal with any other state entity or school district that will be directly affected if the

3222 proposal is ultimately adopted, if the confidentiality of the initial proposal is maintained.
3223 (5) If the committee determines to proceed with the project, the committee shall submit
3224 a copy of the initial proposal, including any comment, suggestion, or modification to the initial
3225 proposal, to:
3226 (a) the chief procurement officer in accordance with Section 63G-6a-711 ; and
3227 (b) the Executive Appropriations Committee, for informational purposes.
3228 (6) Before taking any action under Subsection (5), the committee shall consider:
3229 (a) any comment, suggestion, or modification to the initial proposal submitted in
3230 accordance with Subsection (3);
3231 (b) the extent to which the project is practical, efficient, and economically beneficial to
3232 the state and the affected department;
3233 (c) the economic feasibility report prepared by the Governor's Office of [Planning]
3234 Management and Budget; and
3235 (d) any other reasonable factor identified by the committee or required by the board by
3236 rule.
3237 Section 64. Section 63M-1-2607 (Superseded 05/01/13) is amended to read:
3238 63M-1-2607 (Superseded 05/01/13). Acceptance of initial proposal -- Obtaining
3239 detailed proposals.
3240 (1) If an initial proposal is accepted under Section 63M-1-2606 , the chief procurement
3241 officer shall:
3242 (a) take action under Section 63G-6-408.5 to initiate a procurement process to obtain
3243 one or more detailed proposals using information from portions of the initial proposal that are
3244 not protected records under Title 63G, Chapter 2, Government Records and Access
3245 Management Act;
3246 (b) consult with the committee during the procurement process; and
3247 (c) submit all detailed proposals that meet the guidelines established under Subsection
3248 63M-1-2608 (1), including the detailed proposal submitted by the private entity that submitted
3249 the initial proposal for the project, to:

3250 (i) the committee; and
3251 (ii) the Governor's Office of [Planning] Management and Budget.
3252 (2) The office is considered the purchasing agency for a procurement process initiated
3253 under this part.
3254 Section 65. Section 63M-1-2607 (Effective 05/01/13) is amended to read:
3255 63M-1-2607 (Effective 05/01/13). Acceptance of initial proposal -- Obtaining
3256 detailed proposals.
3257 (1) If an initial proposal is accepted under Section 63M-1-2606 , the chief procurement
3258 officer shall:
3259 (a) take action under Section 63G-6a-711 to initiate a procurement process to obtain
3260 one or more detailed proposals using information from portions of the initial proposal that are
3261 not protected records under Title 63G, Chapter 2, Government Records Access and
3262 Management Act;
3263 (b) consult with the committee during the procurement process; and
3264 (c) submit all detailed proposals that meet the guidelines established under Subsection
3265 63M-1-2608 (1), including the detailed proposal submitted by the private entity that submitted
3266 the initial proposal for the project, to:
3267 (i) the committee; and
3268 (ii) the Governor's Office of [Planning] Management and Budget.
3269 (2) The office is considered the purchasing agency for a procurement process initiated
3270 under this part.
3271 Section 66. Section 63M-1-2609 is amended to read:
3272 63M-1-2609. Receipt of detailed proposals -- Economic feasibility report --
3273 Acceptance of a detailed proposal.
3274 (1) If the committee, in its sole discretion, determines that a detailed proposal does not
3275 substantially meet the guidelines established under Subsection 63M-1-2608 (1), the committee
3276 may elect not to review the detailed proposal.
3277 (2) (a) After receiving a detailed proposal, the Governor's Office of [Planning]

3278 Management and Budget shall update the economic feasibility report prepared under Section
3279 63M-1-2606 .
3280 (b) A detailed proposal that is to be reviewed by the committee shall be submitted to
3281 the affected department, a directly affected state entity, and a directly affected school district
3282 for comment or suggestion.
3283 (3) In determining which, if any, of the detailed proposals to accept, in addition to the
3284 proposal evaluation criteria, the committee shall consider the following factors:
3285 (a) any comment, suggestion, or modification offered in accordance with Subsection
3286 63M-1-2606 (3) or Subsection (2)(b);
3287 (b) the economic feasibility report updated in accordance with Subsection (2)(a);
3288 (c) the source of funding and any resulting constraint necessitated by the funding
3289 source;
3290 (d) any alternative funding proposal;
3291 (e) the extent to which the project is practical, efficient, and economically beneficial to
3292 the state and the affected department; and
3293 (f) any other reasonable factor identified by the committee or required by the board by
3294 rule.
3295 (4) (a) If the committee accepts a detailed proposal, the accepted detailed proposal
3296 shall be submitted to the board for approval.
3297 (b) If the affected department or a directly affected state entity or school district
3298 disputes the detailed proposal approved by the board, the Governor's Office of [Planning]
3299 Management and Budget shall consider the detailed proposal and any comment, suggestion, or
3300 modification and determine whether to proceed with a project agreement.
3301 (c) If there is no funding for a project that is the subject of a detailed proposal and the
3302 committee determines to proceed with the project, the office shall submit a report to the
3303 Governor's Office of [Planning] Management and Budget and the Executive Appropriations
3304 Committee detailing the position of the board, the affected department, a directly affected state
3305 entity or school district.

3306 (5) A detailed proposal received from a private entity other than the private entity that
3307 submitted the initial proposal may not be accepted in place of the detailed proposal offered by
3308 the private entity that submitted the initial proposal solely because of a lower cost if the lower
3309 cost is within the amount of the fee paid by the private entity that submitted the initial proposal
3310 for review of the initial proposal.
3311 Section 67. Section 63M-1-2612 is amended to read:
3312 63M-1-2612. Private Proposal Restricted Special Revenue Fund -- Fees.
3313 (1) There is created a restricted special revenue fund within the office called the Private
3314 Proposal Restricted Special Revenue Fund.
3315 (2) Money collected from the payment of a fee required by this part shall be deposited
3316 in the Private Proposal Restricted Special Revenue Fund.
3317 (3) The board or the committee may use the money in the Private Proposal Restricted
3318 Special Revenue Fund to offset:
3319 (a) the expense of hiring staff and engaging any outside consultant to review a proposal
3320 under this part; and
3321 (b) any expense incurred by the Governor's Office of [Planning] Management and
3322 Budget or the affected department in the fulfillment of its duties under this part.
3323 (4) The board shall establish a fee in accordance with Section 63J-1-504 for:
3324 (a) reviewing an initial proposal;
3325 (b) reviewing any detailed proposal; and
3326 (c) preparing any project agreement.
3327 (5) The board may waive the fee established under Subsection (4) if the board
3328 determines that it is:
3329 (a) reasonable; and
3330 (b) in the best interest of the state.
3331 Section 68. Section 63M-1-2911 is amended to read:
3332 63M-1-2911. Reports of tax credits.
3333 (1) Before December 1 of each year, the office shall submit a report to the Governor's

3334 Office of [Planning] Management and Budget, the Office of Legislative Fiscal Analyst, and the
3335 Division of Finance identifying:
3336 (a) the total amount listed on tax credit certificates the office issues under this part; and
3337 (b) the criteria that the office uses in prioritizing the issuance of tax credits amongst tax
3338 credit applicants.
3339 (2) By the first business day of each month, the office shall submit a report to the
3340 Governor's Office of [Planning] Management and Budget, the Office of Legislative Fiscal
3341 Analyst, and the Division of Finance identifying:
3342 (a) each new agreement entered into by the office since the last report;
3343 (b) the total amount listed on tax credit certificates the office issues under this part; and
3344 (c) the criteria that the office uses in prioritizing the issuance of tax credits amongst tax
3345 credit applicants.
3346 Section 69. Section 64-13e-105 is amended to read:
3347 64-13e-105. Procedures for setting the final state daily incarceration rate.
3348 (1) (a) Before September 1 of each year, the department shall calculate, and inform the
3349 counties and CCJJ of the average actual state daily incarceration rate for the most recent three
3350 years for which the data is available.
3351 (b) The actual state daily incarceration rates used to calculate the average rate
3352 described in Subsection (1)(a) may not be less than the rates presented to the Executive
3353 Appropriations Committee of the Legislature for purposes of setting the appropriation for the
3354 department's budget.
3355 (2) Before September 15 of each year, the following parties shall meet to review and
3356 discuss the average actual state daily incarceration rate, described in Subsection (1) and the
3357 compilation described in Subsection 64-13e-104 (7):
3358 (a) as designated by the Utah Sheriffs Association:
3359 (i) one sheriff of a county that is currently under contract with the department to house
3360 state inmates; and
3361 (ii) one sheriff of a county that is currently receiving reimbursement from the

3362 department for housing state probationary inmates or state parole inmates;
3363 (b) the executive director of the department or the executive director's designee;
3364 (c) as designated by the Utah Association of Counties:
3365 (i) one member of the legislative body of one county that is currently under contract
3366 with the department to house state inmates; and
3367 (ii) one member of the legislative body of one county that is currently receiving
3368 reimbursement from the department for housing state probationary inmates or state parole
3369 inmates;
3370 (d) the executive director of the Commission on Criminal and Juvenile Justice or the
3371 executive director's designee; and
3372 (e) the executive director of the Governor's Office of [Planning] Management and
3373 Budget or the executive director's designee.
3374 (3) (a) The average actual state daily incarceration rate, reviewed and discussed under
3375 Subsection (2), may not be used for purposes of calculating payment or reimbursement under
3376 this chapter, unless approved by the Legislature in the annual appropriations act.
3377 (b) Nothing in this chapter prohibits the Legislature from setting the final state daily
3378 incarceration rate at an amount higher or lower than:
3379 (i) the average actual state incarceration rate; or
3380 (ii) the final state daily incarceration rate that was used during the preceding fiscal year.
3381 Section 70. Section 67-4-16 is amended to read:
3382 67-4-16. State financial advisor -- Duties -- Conflict of interest restrictions.
3383 (1) The state treasurer may hire a state financial advisor on a fee-for-service basis.
3384 (2) The state financial advisor shall advise the state treasurer, the executive director of
3385 the Governor's Office of [Planning] Management and Budget, the director of the Division of
3386 Finance, the director of the Division of Facilities Construction and Management, and the
3387 Legislature and its staff offices on the issuance of bonds and other debt, and on all other public
3388 debt matters generally.
3389 (3) The financial advisor may assist in the preparation of the official statement,

3390 represent the state's creditworthiness before credit rating agencies, and assist in the preparation,
3391 marketing, or issuance of public debt.
3392 (4) (a) The state financial advisor or the firm that the advisor represents may not
3393 negotiate to underwrite debt issued by the state of Utah for which he has provided financial
3394 advisor services.
3395 (b) The state financial advisor may enter a competitive bid, either for his own account
3396 or in cooperation with others, in response to a call for public bids for the sale of state debt.
3397 (5) (a) Fees directly related to the preparation, marketing, or issuance of public debt,
3398 including ordinary and necessary expenses, may be paid from the debt proceeds.
3399 (b) Fees for other services shall be paid from the state treasurer's budget.
3400 Section 71. Section 67-19-11 is amended to read:
3401 67-19-11. Use of department facilities -- Field office facilities cost allocation --
3402 Funding for department.
3403 (1) (a) All officers and employees of the state and its political subdivisions shall allow
3404 the department to use public buildings under their control, and furnish heat, light, and furniture,
3405 for any examination, training, hearing, or investigation authorized by this chapter.
3406 (b) The cost of the department's use of facilities shall be paid by the agency housing a
3407 field office staff.
3408 (2) The executive director shall:
3409 (a) prepare an annual budget request for the department;
3410 (b) submit the budget request to the governor and the Legislature; and
3411 (c) before charging a fee for services provided by the department's internal service fund
3412 to an executive branch agency, the executive director shall:
3413 (i) submit the proposed rates, fees, and cost analysis to the Rate Committee established
3414 under Subsection (3); and
3415 (ii) obtain the approval of the Legislature as required under Section 63J-1-410 .
3416 (3) (a) There is created a Rate Committee which shall consist of:
3417 (i) the executive director of the Governor's Office of [Planning] Management and

3418 Budget, or a designee;
3419 (ii) the executive directors of three state agencies that use services and pay rates to one
3420 of the department internal service funds, or their designee, appointed by the governor for a
3421 two-year term;
3422 (iii) the director of the Division of Finance, or a designee;
3423 (iv) the executive director of the Department of Human Resource Management, or a
3424 designee; and
3425 (v) the attorney general or designee.
3426 (b) (i) The committee shall elect a chair from its members, except that the chair may
3427 not be from an agency that receives payment of a rate set by the committee.
3428 (ii) Members of the committee who are state government employees and who do not
3429 receive salary, per diem, or expenses from their agency for their service on the committee shall
3430 receive no compensation, benefits, per diem, or expenses for the members' service on the
3431 committee.
3432 (c) The Department of Human Resource Management shall provide staff services to the
3433 committee.
3434 (4) (a) The department shall submit to the committee a proposed rate and fee schedule
3435 for:
3436 (i) human resource management services rendered; and
3437 (ii) costs incurred by the Office of the Attorney General in defending the state in a
3438 grievance under review by the Career Service Review Office.
3439 (b) The committee shall:
3440 (i) conduct meetings in accordance with Title 52, Chapter 4, Open and Public Meetings
3441 Act;
3442 (ii) review the proposed rate and fee schedules and may approve, increase, or decrease
3443 the rate and fee;
3444 (iii) recommend a proposed rate and fee schedule for the internal service fund to:
3445 (A) the Governor's Office of [Planning] Management and Budget; and

3446 (B) the legislative appropriations subcommittees that, in accordance with Section
3447 63J-1-410 , approve the internal service fund rates, fees, and budget; and
3448 (iv) review and approve, increase or decrease an interim rate, fee, or amount when the
3449 department begins a new service or introduces a new product between annual general sessions
3450 of the Legislature.
3451 (c) The committee may in accordance with Subsection 63J-1-410 (4) decrease a rate,
3452 fee, or amount that has been approved by the Legislature.
3453 Section 72. Section 67-19-12 is amended to read:
3454 67-19-12. State pay plans -- Applicability of section -- Exemptions -- Duties of the
3455 executive director.
3456 (1) (a) This section, and the rules adopted by the department to implement this section,
3457 apply to each career and noncareer employee not specifically exempted under Subsection (2).
3458 (b) If not exempted under Subsection (2), an employee is considered to be in classified
3459 service.
3460 (2) The following employees are exempt from this section:
3461 (a) members of the Legislature and legislative employees;
3462 (b) members of the judiciary and judicial employees;
3463 (c) elected members of the executive branch and employees under schedule AC as
3464 provided under Subsection 67-19-15 (1)(c);
3465 (d) employees of the State Board of Education who are licensed by the State Board of
3466 Education;
3467 (e) officers, faculty, and other employees of state institutions of higher education;
3468 (f) employees in a position that is specified by statute to be exempt from this
3469 Subsection (2);
3470 (g) employees in the Office of the Attorney General;
3471 (h) department heads and other persons appointed by the governor under statute;
3472 (i) exempt employees as provided under Subsection 67-19-15 (1)(l);
3473 (j) employees of the Utah Schools for the Deaf and the Blind who are:

3474 (i) educators as defined by Section 53A-25b-102 ; or
3475 (ii) educational interpreters as classified by the department; and
3476 (k) temporary employees under schedule IN or TL as provided under Subsections
3477 67-19-15 (1)(o) and (p).
3478 (3) (a) The executive director shall prepare, maintain, and revise a position
3479 classification plan for each employee position not exempted under Subsection (2) to provide
3480 equal pay for equal work.
3481 (b) Classification of positions shall be based upon similarity of duties performed and
3482 responsibilities assumed, so that the same job requirements and the same salary range may be
3483 applied equitably to each position in the same class.
3484 (c) The executive director shall allocate or reallocate the position of each employee in
3485 classified service to one of the classes in the classification plan.
3486 (d) (i) The department shall conduct periodic studies and desk audits to provide that the
3487 classification plan remains reasonably current and reflects the duties and responsibilities
3488 assigned to and performed by employees.
3489 (ii) The executive director shall determine the schedule for studies and desk audits after
3490 considering factors such as changes in duties and responsibilities of positions or agency
3491 reorganizations.
3492 (4) (a) With the approval of the governor, the executive director shall develop and
3493 adopt pay plans for each position in classified service.
3494 (b) The executive director shall design each pay plan to achieve, to the degree that
3495 funds permit, comparability of state salary ranges to salary ranges used by private enterprise
3496 and other public employment for similar work.
3497 (c) The executive director shall adhere to the following in developing each pay plan:
3498 (i) Each pay plan shall consist of sufficient salary ranges to permit adequate salary
3499 differential among the various classes of positions in the classification plan.
3500 (ii) (A) The executive director shall assign each class of positions in the classification
3501 plan to a salary range and shall set the width of the salary range to reflect the normal growth

3502 and productivity potential of employees in that class.
3503 (B) The width of the ranges need not be uniform for all classes of positions in the plan.
3504 (iii) (A) The executive director shall issue rules for the administration of pay plans.
3505 (B) The executive director shall issue rules providing for salary adjustments.
3506 (iv) Merit increases shall be granted, on a uniform and consistent basis in accordance
3507 with appropriations made by the Legislature, to employees who receive a rating of "successful"
3508 or higher in an annual evaluation of their productivity and performance.
3509 (v) By October 31 of each year, the executive director shall submit market
3510 comparability adjustments to the executive director of the Governor's Office of [Planning]
3511 Management and Budget for consideration to be included as part of the affected agency's base
3512 budgets.
3513 (vi) By October 31 of each year, the executive director shall recommend a
3514 compensation package to the governor.
3515 (vii) (A) Adjustments shall incorporate the results of a total compensation market
3516 survey of salary ranges and benefits of a reasonable cross section of comparable benchmark
3517 positions in private and public employment in the state.
3518 (B) The survey may also study comparable unusual positions requiring recruitment in
3519 other states.
3520 (C) The executive director may cooperate with other public and private employers in
3521 conducting the survey.
3522 (viii) (A) The executive director shall establish criteria to assure the adequacy and
3523 accuracy of the survey and shall use methods and techniques similar to and consistent with
3524 those used in private sector surveys.
3525 (B) Except as provided under Sections 67-19-12.1 and 67-19-12.3 , the survey shall
3526 include a reasonable cross section of employers.
3527 (C) The executive director may cooperate with or participate in any survey conducted
3528 by other public and private employers.
3529 (D) The executive director shall obtain information for the purpose of constructing the

3530 survey from the Division of Workforce Information and Payment Services and shall include
3531 employer name, number of persons employed by the employer, employer contact information
3532 and job titles, county code, and salary if available.
3533 (E) The department shall acquire and protect the needed records in compliance with the
3534 provisions of Section 35A-4-312 .
3535 (ix) The establishing of a salary range is a nondelegable activity and is not appealable
3536 under the grievance procedures of Sections 67-19-30 through 67-19-32 , Chapter 19a,
3537 Grievance Procedures, or otherwise.
3538 (x) The governor shall:
3539 (A) consider salary adjustments recommended under Subsection (4)(c)(vi) in preparing
3540 the executive budget and shall recommend the method of distributing the adjustments;
3541 (B) submit compensation recommendations to the Legislature; and
3542 (C) support the recommendation with schedules indicating the cost to individual
3543 departments and the source of funds.
3544 (xi) If funding is approved by the Legislature in a general appropriations act, the
3545 adjustments take effect on the July 1 following the enactment.
3546 (5) (a) The executive director shall issue rules for the granting of incentive awards,
3547 including awards for cost saving actions, awards for commendable actions by an employee, or
3548 a market-based award to attract or retain employees.
3549 (b) An agency may not grant a market-based award unless the award is previously
3550 approved by the department.
3551 (c) In accordance with Subsection (5)(b), an agency requesting the department's
3552 approval of a market-based award shall submit a request and documentation, subject to
3553 Subsection (5)(d), to the department.
3554 (d) In the documentation required in Subsection (5)(c), the requesting agency shall
3555 identify for the department:
3556 (i) any benefit the market-based award would provide for the agency, including:
3557 (A) budgetary advantages; or

3558 (B) recruitment advantages;
3559 (ii) a mission critical need to attract or retain unique or hard to find skills in the market;
3560 or
3561 (iii) any other advantage the agency would gain through the utilization of a
3562 market-based award.
3563 (6) (a) The executive director shall regularly evaluate the total compensation program
3564 of state employees in the classified service.
3565 (b) The department shall determine if employee benefits are comparable to those
3566 offered by other private and public employers using information from:
3567 (i) the most recent edition of the Employee Benefits Survey Data conducted by the U.S.
3568 Chamber of Commerce Research Center; or
3569 (ii) the most recent edition of a nationally recognized benefits survey.
3570 (7) (a) The executive director shall submit proposals for a state employee
3571 compensation plan to the governor by October 31 of each year, setting forth findings and
3572 recommendations affecting employee compensation.
3573 (b) The governor shall consider the executive director's proposals in preparing budget
3574 recommendations for the Legislature.
3575 (c) The governor's budget proposals to the Legislature shall include a specific
3576 recommendation on employee compensation.
3577 Section 73. Section 67-19d-202 is amended to read:
3578 67-19d-202. Board of trustees of the State Post-Retirement Benefits Trust Fund
3579 and the Elected Official Post-Retirement Benefits Trust Fund.
3580 (1) (a) There is created a board of trustees of the State Post-Retirement Benefits Trust
3581 Fund and the Elected Official Post-Retirement Benefits Trust Fund composed of three
3582 members:
3583 (i) the state treasurer or designee;
3584 (ii) the director of the Division of Finance or designee; and
3585 (iii) the executive director of the Governor's Office of [Planning] Management and

3586 Budget or designee.
3587 (b) The state treasurer is chair of the board.
3588 (c) Three members of the board are a quorum.
3589 (d) A member may not receive compensation or benefits for the member's service, but
3590 may receive per diem and travel expenses in accordance with:
3591 (i) Section 63A-3-106 ;
3592 (ii) Section 63A-3-107 ; and
3593 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3594 63A-3-107 .
3595 (e) (i) Except as provided in Subsection (1)(e)(ii), the state treasurer shall staff the
3596 board of trustees.
3597 (ii) The Division of Finance shall provide accounting services for the trust fund.
3598 (2) The board shall:
3599 (a) on behalf of the state, act as trustee of the State Post-Retirement Benefits Trust
3600 Fund created under Section 67-19d-201 and the Elected Official Post-Retirement Benefits
3601 Trust Fund created under Section 67-19d-201.5 and exercise the state's fiduciary
3602 responsibilities;
3603 (b) meet at least twice per year;
3604 (c) review and approve all policies, projections, rules, criteria, procedures, forms,
3605 standards, performance goals, and actuarial reports;
3606 (d) review and approve the budget for each trust fund described under Subsection
3607 (2)(a);
3608 (e) review financial records for each trust fund described under Subsection (2)(a),
3609 including trust fund receipts, expenditures, and investments;
3610 (f) commission and obtain actuarial studies of the liabilities for each trust fund
3611 described under Subsection (2)(a);
3612 (g) for purposes of the State Post-Retirement Benefits Trust Fund, establish labor
3613 additive rates to charge all federal, state, and other programs to cover:

3614 (i) the annual required contribution as determined by actuary; and
3615 (ii) the administrative expenses of the trust fund; and
3616 (h) do any other things necessary to perform the state's fiduciary obligations under each
3617 trust fund described under Subsection (2)(a).
3618 (3) The attorney general shall:
3619 (a) act as legal counsel and provide legal representation to the board of trustees; and
3620 (b) attend, or direct an attorney from the Office of the Attorney General to attend, each
3621 meeting of the board of trustees.
3622 Section 74. Section 67-22-2 is amended to read:
3623 67-22-2. Compensation -- Other state officers.
3624 (1) As used in this section:
3625 (a) "Appointed executive" means the:
3626 (i) Commissioner of the Department of Agriculture and Food;
3627 (ii) Commissioner of the Insurance Department;
3628 (iii) Commissioner of the Labor Commission;
3629 (iv) Director, Department of Alcoholic Beverage Control;
3630 (v) Commissioner of the Department of Financial Institutions;
3631 (vi) Executive Director, Department of Commerce;
3632 (vii) Executive Director, Commission on Criminal and Juvenile Justice;
3633 (viii) Adjutant General;
3634 (ix) Executive Director, Department of Heritage and Arts;
3635 (x) Executive Director, Department of Corrections;
3636 (xi) Commissioner, Department of Public Safety;
3637 (xii) Executive Director, Department of Natural Resources;
3638 (xiii) Executive Director, Governor's Office of [Planning] Management and Budget;
3639 (xiv) Executive Director, Department of Administrative Services;
3640 (xv) Executive Director, Department of Human Resource Management;
3641 (xvi) Executive Director, Department of Environmental Quality;

3642 (xvii) Director, Governor's Office of Economic Development;
3643 (xviii) Executive Director, Utah Science Technology and Research Governing
3644 Authority;
3645 (xix) Executive Director, Department of Workforce Services;
3646 (xx) Executive Director, Department of Health, Nonphysician;
3647 (xxi) Executive Director, Department of Human Services;
3648 (xxii) Executive Director, Department of Transportation;
3649 (xxiii) Executive Director, Department of Technology Services; and
3650 (xxiv) Executive Director, Department of Veterans Affairs.
3651 (b) "Board or commission executive" means:
3652 (i) Members, Board of Pardons and Parole;
3653 (ii) Chair, State Tax Commission;
3654 (iii) Commissioners, State Tax Commission;
3655 (iv) Executive Director, State Tax Commission;
3656 (v) Chair, Public Service Commission; and
3657 (vi) Commissioners, Public Service Commission.
3658 (c) "Deputy" means the person who acts as the appointed executive's second in
3659 command as determined by the Department of Human Resource Management.
3660 (2) (a) The executive director of the Department of Human Resource Management
3661 shall:
3662 (i) before October 31 of each year, recommend to the governor a compensation plan for
3663 the appointed executives and the board or commission executives; and
3664 (ii) base those recommendations on market salary studies conducted by the Department
3665 of Human Resource Management.
3666 (b) (i) The Department of Human Resource Management shall determine the salary
3667 range for the appointed executives by:
3668 (A) identifying the salary range assigned to the appointed executive's deputy;
3669 (B) designating the lowest minimum salary from those deputies' salary ranges as the

3670 minimum salary for the appointed executives' salary range; and
3671 (C) designating 105% of the highest maximum salary range from those deputies' salary
3672 ranges as the maximum salary for the appointed executives' salary range.
3673 (ii) If the deputy is a medical doctor, the Department of Human Resource Management
3674 may not consider that deputy's salary range in designating the salary range for appointed
3675 executives.
3676 (c) In establishing the salary ranges for board or commission executives, the
3677 Department of Human Resource Management shall set the maximum salary in the salary range
3678 for each of those positions at 90% of the salary for district judges as established in the annual
3679 appropriation act under Section 67-8-2 .
3680 (3) (a) (i) Except as provided in Subsection (3)(a)(ii), the governor shall establish a
3681 specific salary for each appointed executive within the range established under Subsection
3682 (2)(b).
3683 (ii) If the executive director of the Department of Health is a physician, the governor
3684 shall establish a salary within the highest physician salary range established by the Department
3685 of Human Resource Management.
3686 (iii) The governor may provide salary increases for appointed executives within the
3687 range established by Subsection (2)(b) and identified in Subsection (3)(a)(ii).
3688 (b) The governor shall apply the same overtime regulations applicable to other FLSA
3689 exempt positions.
3690 (c) The governor may develop standards and criteria for reviewing the appointed
3691 executives.
3692 (4) Salaries for other Schedule A employees, as defined in Section 67-19-15 , that are
3693 not provided for in this chapter, or in Title 67, Chapter 8, Utah Elected Official and Judicial
3694 Salary Act, shall be established as provided in Section 67-19-15 .
3695 (5) (a) The Legislature fixes benefits for the appointed executives and the board or
3696 commission executives as follows:
3697 (i) the option of participating in a state retirement system established by Title 49, Utah

3698 State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered
3699 by the State Retirement Office in accordance with the Internal Revenue Code and its
3700 accompanying rules and regulations;
3701 (ii) health insurance;
3702 (iii) dental insurance;
3703 (iv) basic life insurance;
3704 (v) unemployment compensation;
3705 (vi) workers' compensation;
3706 (vii) required employer contribution to Social Security;
3707 (viii) long-term disability income insurance;
3708 (ix) the same additional state-paid life insurance available to other noncareer service
3709 employees;
3710 (x) the same severance pay available to other noncareer service employees;
3711 (xi) the same leave, holidays, and allowances granted to Schedule B state employees as
3712 follows:
3713 (A) sick leave;
3714 (B) converted sick leave if accrued prior to January 1, 2014;
3715 (C) educational allowances;
3716 (D) holidays; and
3717 (E) annual leave except that annual leave shall be accrued at the maximum rate
3718 provided to Schedule B state employees;
3719 (xii) the option to convert accumulated sick leave to cash or insurance benefits as
3720 provided by law or rule upon resignation or retirement according to the same criteria and
3721 procedures applied to Schedule B state employees;
3722 (xiii) the option to purchase additional life insurance at group insurance rates according
3723 to the same criteria and procedures applied to Schedule B state employees; and
3724 (xiv) professional memberships if being a member of the professional organization is a
3725 requirement of the position.

3726 (b) Each department shall pay the cost of additional state-paid life insurance for its
3727 executive director from its existing budget.
3728 (6) The Legislature fixes the following additional benefits:
3729 (a) for the executive director of the State Tax Commission a vehicle for official and
3730 personal use;
3731 (b) for the executive director of the Department of Transportation a vehicle for official
3732 and personal use;
3733 (c) for the executive director of the Department of Natural Resources a vehicle for
3734 commute and official use;
3735 (d) for the Commissioner of Public Safety:
3736 (i) an accidental death insurance policy if POST certified; and
3737 (ii) a public safety vehicle for official and personal use;
3738 (e) for the executive director of the Department of Corrections:
3739 (i) an accidental death insurance policy if POST certified; and
3740 (ii) a public safety vehicle for official and personal use;
3741 (f) for the Adjutant General a vehicle for official and personal use; and
3742 (g) for each member of the Board of Pardons and Parole a vehicle for commute and
3743 official use.
3744 Section 75. Revisor instructions.
3745 The Legislature intends that if S.B. 176, Office of Planning and Budget Restructuring
3746 Amendments, passes, the Office of Legislative Research and General Counsel in preparing the
3747 Utah Code database for publication, change any reference to "Office of Planning and Budget"
3748 to "Office of Management and Budget".

[Bill Documents]