Representative James A. Dunnigan proposes the following substitute bill:


1     
INSURANCE PREMIUM TAX AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis S. Bramble

5     
House Sponsor: James A. Dunnigan

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the insurance premium tax.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies provisions earmarking revenue for certain firefighter reasons;
13          ▸     removes outdated reporting requirements;
14          ▸     clarifies deposit of money into the General Fund unless otherwise earmarked by
15     statute; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          This bill appropriates:
19          ▸     to the Firefighters' Retirement Trust Fund as a one-time appropriation
20               •     from the General Fund, $17,100,000; and
21          ▸     to the Fire Academy Support Account as a one-time appropriation
22               •     from the General Fund, $8,500,000.
23     Other Special Clauses:
24          This bill provides retrospective operation.
25          This bill provides a special effective date.

26     Utah Code Sections Affected:
27     AMENDS:
28          49-11-901.5, as enacted by Laws of Utah 2011, Chapters 290 and 439
29          53-7-204.2, as last amended by Laws of Utah 2011, Chapter 303
30          59-1-403, as last amended by Laws of Utah 2015, Chapters 411 and 451
31          59-9-101, as last amended by Laws of Utah 2016, Chapter 135
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 49-11-901.5 is amended to read:
35          49-11-901.5. Premium tax revenues -- Distribution.
36          (1) (a) In accordance with this section there shall be paid to the office:
37          (i) [50% of] beginning on July 1, 2017, from the annual tax levied, assessed, and
38     collected under Title 59, Chapter 9, Taxation of Admitted Insurers, [upon premiums for
39     property insurance, as defined under Section 31A-1-301, and as applied to fire and allied lines
40     insurance collected by insurance companies within the state] an amount equal to $13,600,000;
41     and
42          (ii) 10% of all money assessed and collected under Title 59, Chapter 9, Taxation of
43     Admitted Insurers, upon premiums for life insurance, as defined in Section 31A-1-301, within
44     the state.
45          (b) Payments to the fund shall be made annually until the service liability under this
46     part is liquidated, after which the tax revenue provided in this Subsection (1) ceases.
47          (2) The office shall distribute the premium tax revenue paid under Subsection (1) as
48     follows:
49          (a) an amount determined by the office to fully fund the long-term disability program
50     provided for firefighters under Section 49-23-601;
51          (b) an amount determined by the office to the Firefighters' Retirement Trust Fund
52     created under Section 49-16-104 equal to the amount when calculated as a percentage of the
53     certified contribution rate for members in Divisions A and B, as defined under Section
54     49-16-301, that is the percentage of the certified contribution rate paid to the Firefighters'
55     Retirement Trust Fund on July 1, 2004; and
56          (c) any remaining amount in accordance with Section 49-11-902.

57          Section 2. Section 53-7-204.2 is amended to read:
58          53-7-204.2. Fire Academy -- Establishment -- Fire Academy Support Account --
59     Funding.
60          (1) In this section[:(a) "Account"], "account" means the Fire Academy Support
61     Account created in Subsection (4).
62          [(b) "Property insurance premium" means premium paid as consideration for property
63     insurance as defined in Section 31A-1-301.]
64          (2) The board shall:
65          (a) establish a fire academy that:
66          (i) provides instruction and training for paid, volunteer, institutional, and industrial
67     firefighters;
68          (ii) develops new methods of firefighting and fire prevention;
69          (iii) provides training for fire and arson detection and investigation;
70          (iv) provides public education programs to promote fire safety;
71          (v) provides for certification of firefighters, pump operators, instructors, and officers;
72     and
73          (vi) provides facilities for teaching fire-fighting skills;
74          (b) establish a cost recovery fee in accordance with Section 63J-1-504 for training
75     commercially employed firefighters; and
76          (c) request funding for the academy.
77          (3) The board may:
78          (a) accept gifts, donations, and grants of property and services on behalf of the fire
79     academy; and
80          (b) enter into contractual agreements necessary to facilitate establishment of the school.
81          (4) (a) To provide a funding source for the academy and for the general operation of
82     the State Fire Marshal Division, there is created in the General Fund a restricted account
83     known as the Fire Academy Support Account.
84          (b) The following revenue shall be deposited in the account to implement this section:
85          (i) [the percentage specified in Subsection (5)] beginning on July 1, 2017, $6,600,000
86     of the annual tax for each year that is levied, assessed, and collected under Title 59, Chapter 9,
87     Taxation of Admitted Insurers[, upon property insurance premiums and as applied to fire and

88     allied lines insurance collected by insurance companies within the state];
89          (ii) the percentage specified in Subsection [(6)] (5) of all money assessed and collected
90     upon life insurance premiums within the state;
91          (iii) the cost recovery fees established by the board;
92          (iv) gifts, donations, and grants of property on behalf of the fire academy;
93          (v) appropriations made by the Legislature; and
94          (vi) money collected from civil penalties in accordance with Section 53-7-504.
95          [(5) The percentage of the tax specified in Subsection (4)(b)(i) to be deposited in the
96     account each fiscal year is 25%.]
97          [(6)] (5) The percentage of the money specified in Subsection (4)(b)(ii) to be deposited
98     in the account each fiscal year is 5%.
99          Section 3. Section 59-1-403 is amended to read:
100          59-1-403. Confidentiality -- Exceptions -- Penalty -- Application to property tax.
101          (1) (a) Any of the following may not divulge or make known in any manner any
102     information gained by that person from any return filed with the commission:
103          (i) a tax commissioner;
104          (ii) an agent, clerk, or other officer or employee of the commission; or
105          (iii) a representative, agent, clerk, or other officer or employee of any county, city, or
106     town.
107          (b) An official charged with the custody of a return filed with the commission is not
108     required to produce the return or evidence of anything contained in the return in any action or
109     proceeding in any court, except:
110          (i) in accordance with judicial order;
111          (ii) on behalf of the commission in any action or proceeding under:
112          (A) this title; or
113          (B) other law under which persons are required to file returns with the commission;
114          (iii) on behalf of the commission in any action or proceeding to which the commission
115     is a party; or
116          (iv) on behalf of any party to any action or proceeding under this title if the report or
117     facts shown by the return are directly involved in the action or proceeding.
118          (c) Notwithstanding Subsection (1)(b), a court may require the production of, and may

119     admit in evidence, any portion of a return or of the facts shown by the return, as are specifically
120     pertinent to the action or proceeding.
121          (2) This section does not prohibit:
122          (a) a person or that person's duly authorized representative from receiving a copy of
123     any return or report filed in connection with that person's own tax;
124          (b) the publication of statistics as long as the statistics are classified to prevent the
125     identification of particular reports or returns; and
126          (c) the inspection by the attorney general or other legal representative of the state of the
127     report or return of any taxpayer:
128          (i) who brings action to set aside or review a tax based on the report or return;
129          (ii) against whom an action or proceeding is contemplated or has been instituted under
130     this title; or
131          (iii) against whom the state has an unsatisfied money judgment.
132          (3) (a) Notwithstanding Subsection (1) and for purposes of administration, the
133     commission may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative
134     Rulemaking Act, provide for a reciprocal exchange of information with:
135          (i) the United States Internal Revenue Service; or
136          (ii) the revenue service of any other state.
137          (b) Notwithstanding Subsection (1) and for all taxes except individual income tax and
138     corporate franchise tax, the commission may by rule, made in accordance with Title 63G,
139     Chapter 3, Utah Administrative Rulemaking Act, share information gathered from returns and
140     other written statements with the federal government, any other state, any of the political
141     subdivisions of another state, or any political subdivision of this state, except as limited by
142     Sections 59-12-209 and 59-12-210, if the political subdivision, other state, or the federal
143     government grant substantially similar privileges to this state.
144          (c) Notwithstanding Subsection (1) and for all taxes except individual income tax and
145     corporate franchise tax, the commission may by rule, in accordance with Title 63G, Chapter 3,
146     Utah Administrative Rulemaking Act, provide for the issuance of information concerning the
147     identity and other information of taxpayers who have failed to file tax returns or to pay any tax
148     due.
149          (d) Notwithstanding Subsection (1), the commission shall provide to the director of the

150     Division of Environmental Response and Remediation, as defined in Section 19-6-402, as
151     requested by the director of the Division of Environmental Response and Remediation, any
152     records, returns, or other information filed with the commission under Chapter 13, Motor and
153     Special Fuel Tax Act, or Section 19-6-410.5 regarding the environmental assurance program
154     participation fee.
155          (e) Notwithstanding Subsection (1), at the request of any person the commission shall
156     provide that person sales and purchase volume data reported to the commission on a report,
157     return, or other information filed with the commission under:
158          (i) Chapter 13, Part 2, Motor Fuel; or
159          (ii) Chapter 13, Part 4, Aviation Fuel.
160          (f) Notwithstanding Subsection (1), upon request from a tobacco product manufacturer,
161     as defined in Section 59-22-202, the commission shall report to the manufacturer:
162          (i) the quantity of cigarettes, as defined in Section 59-22-202, produced by the
163     manufacturer and reported to the commission for the previous calendar year under Section
164     59-14-407; and
165          (ii) the quantity of cigarettes, as defined in Section 59-22-202, produced by the
166     manufacturer for which a tax refund was granted during the previous calendar year under
167     Section 59-14-401 and reported to the commission under Subsection 59-14-401(1)(a)(v).
168          (g) Notwithstanding Subsection (1), the commission shall notify manufacturers,
169     distributors, wholesalers, and retail dealers of a tobacco product manufacturer that is prohibited
170     from selling cigarettes to consumers within the state under Subsection 59-14-210(2).
171          (h) Notwithstanding Subsection (1), the commission may:
172          (i) provide to the Division of Consumer Protection within the Department of
173     Commerce and the attorney general data:
174          (A) reported to the commission under Section 59-14-212; or
175          (B) related to a violation under Section 59-14-211; and
176          (ii) upon request, provide to any person data reported to the commission under
177     Subsections 59-14-212(1)(a) through (c) and Subsection 59-14-212(1)(g).
178          (i) Notwithstanding Subsection (1), the commission shall, at the request of a committee
179     of the Legislature, the Office of the Legislative Fiscal Analyst, or the Governor's Office of
180     Management and Budget, provide to the committee or office the total amount of revenues

181     collected by the commission under Chapter 24, Radioactive Waste Facility Tax Act, for the
182     time period specified by the committee or office.
183          (j) Notwithstanding Subsection (1), the commission shall make the directory required
184     by Section 59-14-603 available for public inspection.
185          (k) Notwithstanding Subsection (1), the commission may share information with
186     federal, state, or local agencies as provided in Subsection 59-14-606(3).
187          (l) (i) Notwithstanding Subsection (1), the commission shall provide the Office of
188     Recovery Services within the Department of Human Services any relevant information
189     obtained from a return filed under Chapter 10, Individual Income Tax Act, regarding a taxpayer
190     who has become obligated to the Office of Recovery Services.
191          (ii) The information described in Subsection (3)(l)(i) may be provided by the Office of
192     Recovery Services to any other state's child support collection agency involved in enforcing
193     that support obligation.
194          (m) (i) Notwithstanding Subsection (1), upon request from the state court
195     administrator, the commission shall provide to the state court administrator, the name, address,
196     telephone number, county of residence, and Social Security number on resident returns filed
197     under Chapter 10, Individual Income Tax Act.
198          (ii) The state court administrator may use the information described in Subsection
199     (3)(m)(i) only as a source list for the master jury list described in Section 78B-1-106.
200          [(n) Notwithstanding Subsection (1), the commission shall at the request of a
201     committee, commission, or task force of the Legislature provide to the committee, commission,
202     or task force of the Legislature any information relating to a tax imposed under Chapter 9,
203     Taxation of Admitted Insurers, relating to the study required by Section 59-9-101.]
204          [(o)] (n) (i) As used in this Subsection (3)[(o)](n), "office" means the:
205          (A) Office of the Legislative Fiscal Analyst; or
206          (B) Office of Legislative Research and General Counsel.
207          (ii) Notwithstanding Subsection (1) and except as provided in Subsection
208     (3)[(o)](n)(iii), the commission shall at the request of an office provide to the office all
209     information:
210          (A) gained by the commission; and
211          (B) required to be attached to or included in returns filed with the commission.

212          (iii) (A) An office may not request and the commission may not provide to an office a
213     person's:
214          (I) address;
215          (II) name;
216          (III) Social Security number; or
217          (IV) taxpayer identification number.
218          (B) The commission shall in all instances protect the privacy of a person as required by
219     Subsection (3)[(o)](n)(iii)(A).
220          (iv) An office may provide information received from the commission in accordance
221     with this Subsection (3)[(o)](n) only:
222          (A) as:
223          (I) a fiscal estimate;
224          (II) fiscal note information; or
225          (III) statistical information; and
226          (B) if the information is classified to prevent the identification of a particular return.
227          (v) (A) A person may not request information from an office under Title 63G, Chapter
228     2, Government Records Access and Management Act, or this section, if that office received the
229     information from the commission in accordance with this Subsection (3)[(o)](n).
230          (B) An office may not provide to a person that requests information in accordance with
231     Subsection (3)[(o)](n)(v)(A) any information other than the information the office provides in
232     accordance with Subsection (3)[(o)](n)(iv).
233          [(p)] (o) Notwithstanding Subsection (1), the commission may provide to the
234     governing board of the agreement or a taxing official of another state, the District of Columbia,
235     the United States, or a territory of the United States:
236          (i) the following relating to an agreement sales and use tax:
237          (A) information contained in a return filed with the commission;
238          (B) information contained in a report filed with the commission;
239          (C) a schedule related to Subsection (3)[(p)](o)(i)(A) or (B); or
240          (D) a document filed with the commission; or
241          (ii) a report of an audit or investigation made with respect to an agreement sales and
242     use tax.

243          [(q)] (p) Notwithstanding Subsection (1), the commission may provide information
244     concerning a taxpayer's state income tax return or state income tax withholding information to
245     the Driver License Division if the Driver License Division:
246          (i) requests the information; and
247          (ii) provides the commission with a signed release form from the taxpayer allowing the
248     Driver License Division access to the information.
249          [(r)] (q) Notwithstanding Subsection (1), the commission shall provide to the Utah
250     Communications Authority, or a division of the Utah Communications Authority, the
251     information requested by the authority under Sections 63H-7a-302, 63H-7a-402, and
252     63H-7a-502.
253          [(s)] (r) Notwithstanding Subsection (1), the commission shall provide to the Utah
254     Educational Savings Plan information related to a resident or nonresident individual's
255     contribution to a Utah Educational Savings Plan account as designated on the resident or
256     nonresident's individual income tax return as provided under Section 59-10-1313.
257          [(t)] (s) Notwithstanding Subsection (1), for the purpose of verifying eligibility under
258     Sections 26-18-2.5 and 26-40-105, the commission shall provide an eligibility worker with the
259     Department of Health or its designee with the adjusted gross income of an individual if:
260          (i) an eligibility worker with the Department of Health or its designee requests the
261     information from the commission; and
262          (ii) the eligibility worker has complied with the identity verification and consent
263     provisions of Sections 26-18-2.5 and 26-40-105.
264          [(u)] (t) Notwithstanding Subsection (1), the commission may provide to a county, as
265     determined by the commission, information declared on an individual income tax return in
266     accordance with Section 59-10-103.1 that relates to eligibility to claim a residential exemption
267     authorized under Section 59-2-103.
268          (4) (a) Each report and return shall be preserved for at least three years.
269          (b) After the three-year period provided in Subsection (4)(a) the commission may
270     destroy a report or return.
271          (5) (a) Any person who violates this section is guilty of a class A misdemeanor.
272          (b) If the person described in Subsection (5)(a) is an officer or employee of the state,
273     the person shall be dismissed from office and be disqualified from holding public office in this

274     state for a period of five years thereafter.
275          (c) Notwithstanding Subsection (5)(a) or (b), an office that requests information in
276     accordance with Subsection (3)[(o)](n)(iii) or a person that requests information in accordance
277     with Subsection (3)[(o)](n)(v):
278          (i) is not guilty of a class A misdemeanor; and
279          (ii) is not subject to:
280          (A) dismissal from office in accordance with Subsection (5)(b); or
281          (B) disqualification from holding public office in accordance with Subsection (5)(b).
282          (6) Except as provided in Section 59-1-404, this part does not apply to the property tax.
283          Section 4. Section 59-9-101 is amended to read:
284          59-9-101. Tax basis -- Rates -- Exemptions -- Rate reductions.
285          (1) (a) Except as provided in Subsection (1)(b), (1)(d), or (5), an admitted insurer shall
286     pay to the commission on or before March 31 in each year, a tax of 2-1/4% of the total
287     premiums received by it during the preceding calendar year from insurance covering property
288     or risks located in this state.
289          (b) This Subsection (1) does not apply to:
290          (i) workers' compensation insurance, assessed under Subsection (2);
291          (ii) title insurance premiums taxed under Subsection (3);
292          (iii) annuity considerations;
293          (iv) insurance premiums paid by an institution within the state system of higher
294     education as specified in Section 53B-1-102; and
295          (v) ocean marine insurance.
296          (c) The taxable premium under this Subsection (1) shall be reduced by:
297          (i) the premiums returned or credited to policyholders on direct business subject to tax
298     in this state;
299          (ii) the premiums received for reinsurance of property or risks located in this state; and
300          (iii) the dividends, including premium reduction benefits maturing within the year:
301          (A) paid or credited to policyholders in this state; or
302          (B) applied in abatement or reduction of premiums due during the preceding calendar
303     year.
304          (d) (i) For purposes of this Subsection (1)(d):

305          (A) "Utah variable life insurance premium" means an insurance premium paid:
306          (I) by:
307          (Aa) a corporation; or
308          (Bb) a trust established or funded by a corporation; and
309          (II) for variable life insurance covering risks located within the state.
310          (B) "Variable life insurance" means an insurance policy that provides for life
311     insurance, the amount or duration of which varies according to the investment experience of
312     one or more separate accounts that are established and maintained by the insurer pursuant to
313     Title 31A, Insurance Code.
314          (ii) Notwithstanding Subsection (1)(a), beginning on January 1, 2006, the tax on that
315     portion of the total premiums subject to a tax under Subsection (1)(a) that is a Utah variable
316     life insurance premium shall be calculated as follows:
317          (A) 2-1/4% of the first $100,000 of Utah variable life insurance premiums:
318          (I) paid for each variable life insurance policy; and
319          (II) received by the admitted insurer in the preceding calendar year; and
320          (B) 0.08% of the Utah variable life insurance premiums that exceed $100,000:
321          (I) paid for the policy described in Subsection (1)(d)(ii)(A); and
322          (II) received by the admitted insurer in the preceding calendar year.
323          (2) (a) An admitted insurer writing workers' compensation insurance in this state,
324     including the Workers' Compensation Fund created under Title 31A, Chapter 33, Workers'
325     Compensation Fund, shall pay to the tax commission, on or before March 31 in each year, a
326     premium assessment on the basis of the total workers' compensation premium income received
327     by the insurer from workers' compensation insurance in this state during the preceding calendar
328     year as follows:
329          (i) on or before December 31, 2010, an amount of equal to or greater than 1%, but
330     equal to or less than 5.75% of the total workers' compensation premium income described in
331     this Subsection (2);
332          (ii) on and after January 1, 2011, but on or before December 31, 2017, an amount of
333     equal to or greater than 1%, but equal to or less than 4.25% of the total workers' compensation
334     premium income described in this Subsection (2); and
335          (iii) on and after January 1, 2018, an amount equal to 1.25% of the total workers'

336     compensation premium income described in this Subsection (2).
337          (b) Total workers' compensation premium income means the net written premium as
338     calculated before any premium reduction for any insured employer's deductible, retention, or
339     reimbursement amounts and also those amounts equivalent to premiums as provided in Section
340     34A-2-202.
341          (c) The percentage of premium assessment applicable for a calendar year shall be
342     determined by the Labor Commission under Subsection (2)(d). The total premium income
343     shall be reduced in the same manner as provided in Subsections (1)(c)(i) and (1)(c)(ii), but not
344     as provided in Subsection (1)(c)(iii). The commission shall promptly remit from the premium
345     assessment collected under this Subsection (2):
346          (i) income to the state treasurer for credit to the Employers' Reinsurance Fund created
347     under Subsection 34A-2-702(1) as follows:
348          (A) on or before December 31, 2009, an amount of up to 5% of the total workers'
349     compensation premium income;
350          (B) on and after January 1, 2010, but on or before December 31, 2010, an amount of up
351     to 4.5% of the total workers' compensation premium income;
352          (C) on and after January 1, 2011, but on or before December 31, 2017, an amount of up
353     to 3% of the total workers' compensation premium income; and
354          (D) on and after January 1, 2018, 0% of the total workers' compensation premium
355     income;
356          (ii) an amount equal to 0.25% of the total workers' compensation premium income to
357     the state treasurer for credit to the Workplace Safety Account created by Section 34A-2-701;
358          (iii) an amount of up to 0.5% and any remaining assessed percentage of the total
359     workers' compensation premium income to the state treasurer for credit to the Uninsured
360     Employers' Fund created under Section 34A-2-704; and
361          (iv) beginning on January 1, 2010, 0.5% of the total workers' compensation premium
362     income to the state treasurer for credit to the Industrial Accident Restricted Account created in
363     Section 34A-2-705.
364          (d) (i) The Labor Commission shall determine the amount of the premium assessment
365     for each year on or before each October 15 of the preceding year. The Labor Commission shall
366     make this determination following a public hearing. The determination shall be based upon the

367     recommendations of a qualified actuary.
368          (ii) The actuary shall recommend a premium assessment rate sufficient to provide
369     payments of benefits and expenses from the Employers' Reinsurance Fund and to project a
370     funded condition with assets greater than liabilities by no later than June 30, 2025.
371          (iii) The actuary shall recommend a premium assessment rate sufficient to provide
372     payments of benefits and expenses from the Uninsured Employers' Fund and to maintain it at a
373     funded condition with assets equal to or greater than liabilities.
374          (iv) At the end of each fiscal year the minimum approximate assets in the Employers'
375     Reinsurance Fund shall be $5,000,000 which amount shall be adjusted each year beginning in
376     1990 by multiplying by the ratio that the total workers' compensation premium income for the
377     preceding calendar year bears to the total workers' compensation premium income for the
378     calendar year 1988.
379          (v) The requirements of Subsection (2)(d)(iv) cease when the future annual
380     disbursements from the Employers' Reinsurance Fund are projected to be less than the
381     calculations of the corresponding future minimum required assets. The Labor Commission
382     shall, after a public hearing, determine if the future annual disbursements are less than the
383     corresponding future minimum required assets from projections provided by the actuary.
384          (vi) At the end of each fiscal year the minimum approximate assets in the Uninsured
385     Employers' Fund shall be $2,000,000, which amount shall be adjusted each year beginning in
386     1990 by multiplying by the ratio that the total workers' compensation premium income for the
387     preceding calendar year bears to the total workers' compensation premium income for the
388     calendar year 1988.
389          (e) A premium assessment that is to be transferred into the General Fund may be
390     collected on premiums received from Utah public agencies.
391          (3) An admitted insurer writing title insurance in this state shall pay to the commission,
392     on or before March 31 in each year, a tax of .45% of the total premium received by either the
393     insurer or by its agents during the preceding calendar year from title insurance concerning
394     property located in this state. In calculating this tax, "premium" includes the charges made to
395     an insured under or to an applicant for a policy or contract of title insurance for:
396          (a) the assumption by the title insurer of the risks assumed by the issuance of the policy
397     or contract of title insurance; and

398          (b) abstracting title, title searching, examining title, or determining the insurability of
399     title, and every other activity, exclusive of escrow, settlement, or closing charges, whether
400     denominated premium or otherwise, made by a title insurer, an agent of a title insurer, a title
401     insurance producer, or any of them.
402          (4) Beginning July 1, 1986, a former county mutual and a former mutual benefit
403     association shall pay the premium tax or assessment due under this chapter. Premiums
404     received after July 1, 1986, shall be considered in determining the tax or assessment.
405          (5) The following insurers are not subject to the premium tax on health care insurance
406     that would otherwise be applicable under Subsection (1):
407          (a) an insurer licensed under Title 31A, Chapter 5, Domestic Stock and Mutual
408     Insurance Corporations;
409          (b) an insurer licensed under Title 31A, Chapter 7, Nonprofit Health Service Insurance
410     Corporations;
411          (c) an insurer licensed under Title 31A, Chapter 8, Health Maintenance Organizations
412     and Limited Health Plans;
413          (d) an insurer licensed under Title 31A, Chapter 9, Insurance Fraternals;
414          (e) an insurer licensed under Title 31A, Chapter 11, Motor Clubs; and
415          [(f) an insurer licensed under Title 31A, Chapter 13, Employee Welfare Funds and
416     Plans; and]
417          [(g)] (f) an insurer licensed under Title 31A, Chapter 14, Foreign Insurers.
418          (6) An insurer issuing multiple policies to an insured may not artificially allocate the
419     premiums among the policies for purposes of reducing the aggregate premium tax or
420     assessment applicable to the policies.
421          (7) The retaliatory provisions of Title 31A, Chapter 3, Department Funding, Fees, and
422     Taxes, apply to the tax or assessment imposed under this chapter.
423          (8) (a) Money collected under this chapter, unless otherwise allocated by statute to
424     another fund or account, shall be deposited into the General Fund.
425          (b) Money allocated to another fund or account includes the money allocated under:
426          (i) Section 49-11-901.5;
427          (ii) Section 53-7-204.2;
428          (iii) Section 59-9-105; and

429          (iv) Subsection (2).
430          Section 5. Appropriation.
431          The following sums of money are appropriated for the fiscal year beginning July 1,
432     2017, and ending June 30, 2018. These are additions to amounts previously appropriated for
433     fiscal year 2018. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
434     Act, the Legislature appropriates the following sums of money from the funds or accounts
435     indicated for the use and support of the government of the state of Utah.
436     ITEM 1
437          To the Firefighters' Retirement Trust Fund
438               From General Fund, One-time
$17,100,000

439               Schedule of Programs:
440                    Firefighters' Retirement Trust Fund               $17,100,000
441     ITEM 2
442          To the Fire Academy Support Account
443               From General Fund, One-time
$8,500,000

444               Schedule of Programs:
445                    GFR Fire Academy Support Account          $8,500,000
446          Section 6. Retrospective operation.
447          This bill has retrospective operation for a taxable year beginning on or after January 1,
448     2017.
449          Section 7. Effective date.
450          If approved by two-thirds of all the members elected to each house, this bill takes effect
451     upon approval by the governor, or the day following the constitutional time limit of Utah
452     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
453     the date of veto override.