1     
WILDLIFE RESOURCES RECODIFICATION CROSS

2     
REFERENCES

3     
2023 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Casey Snider

6     
Senate Sponsor: Scott D. Sandall

7     

8     LONG TITLE
9     General Description:
10          This bill addresses cross references related to the recodification of Title 23, Wildlife
11     Resources Code of Utah.
12     Highlighted Provisions:
13          This bill:
14          ▸     changes relevant cross references; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          This bill provides a special effective date.
20          This bill provides revisor instructions.
21     Utah Code Sections Affected:
22     AMENDS:
23          4-14-102, as last amended by Laws of Utah 2018, Chapter 457
24          4-23-106, as last amended by Laws of Utah 2020, Chapter 311
25          4-34-108, as enacted by Laws of Utah 2022, Chapter 53
26          4-37-103, as last amended by Laws of Utah 2017, Chapter 412
27          4-37-108, as last amended by Laws of Utah 2017, Chapter 412
28          4-37-111, as last amended by Laws of Utah 2017, Chapter 412
29          4-37-204, as last amended by Laws of Utah 2022, Chapter 79

30          4-39-401, as last amended by Laws of Utah 2018, Chapter 355
31          4-46-103, as enacted by Laws of Utah 2022, Chapter 68
32          4-46-401, as enacted by Laws of Utah 2022, Chapter 68
33          10-2-403, as last amended by Laws of Utah 2021, Chapter 112
34          11-3-10, as last amended by Laws of Utah 1993, Chapter 234
35          11-41-102, as last amended by Laws of Utah 2022, Chapter 307
36          11-46-302, as enacted by Laws of Utah 2011, Chapter 130
37          11-51a-201, as enacted by Laws of Utah 2015, Chapter 419
38          11-65-206, as enacted by Laws of Utah 2022, Chapter 59
39          17-27a-401, as last amended by Laws of Utah 2022, Chapters 282, 406
40          24-4-115, as last amended by Laws of Utah 2022, Chapter 179
41          41-1a-422, as last amended by Laws of Utah 2022, Chapters 19, 48, 68, 255, 259, 335,
42     451, and 456
43          51-9-402, as last amended by Laws of Utah 2020, Chapter 230
44          53-2a-208, as last amended by Laws of Utah 2022, Chapter 39
45          53-2a-1102, as last amended by Laws of Utah 2022, Chapters 68, 73
46          53-7-221, as last amended by Laws of Utah 2018, Chapter 189
47          53-13-103, as last amended by Laws of Utah 2021, Chapter 349
48          57-14-202, as last amended by Laws of Utah 2021, Chapter 41
49          57-14-204, as last amended by Laws of Utah 2022, Chapter 68
50          58-79-102, as last amended by Laws of Utah 2020, Chapters 316, 376
51          59-2-301.5, as enacted by Laws of Utah 2013, Chapter 96
52          63A-16-803, as renumbered and amended by Laws of Utah 2021, Chapter 344
53          63A-17-512, as renumbered and amended by Laws of Utah 2021, Chapter 344
54          63G-7-201, as last amended by Laws of Utah 2021, Chapter 352
55          63G-21-201, as last amended by Laws of Utah 2022, Chapter 419
56          63I-1-223, as last amended by Laws of Utah 2020, Chapters 154, 232
57          63I-2-223, as last amended by Laws of Utah 2012, Chapter 369

58          63J-1-602.1, as last amended by Laws of Utah 2022, Chapters 48, 191, 255, 335, 415,
59     and 451
60          63J-1-602.2, as last amended by Laws of Utah 2022, Chapters 59, 68, 154, 224, 236,
61     242, and 447 and last amended by Coordination Clause, Laws of Utah 2022,
62     Chapter 154
63          63L-7-106, as enacted by Laws of Utah 2014, Chapter 323
64          63L-8-303, as enacted by Laws of Utah 2016, Chapter 317
65          63L-8-304, as last amended by Laws of Utah 2017, Chapter 451
66          72-9-501, as last amended by Laws of Utah 2021, Chapter 239
67          73-3-30, as last amended by Laws of Utah 2022, Chapter 43
68          73-18-26, as last amended by Laws of Utah 2020, Chapter 195
69          73-29-102, as enacted by Laws of Utah 2010, Chapter 410
70          73-30-201, as last amended by Laws of Utah 2020, Chapter 352
71          76-9-301, as last amended by Laws of Utah 2021, Chapter 57
72          76-10-504, as last amended by Laws of Utah 2021, Chapter 12
73          76-10-508, as last amended by Laws of Utah 2019, Chapter 39
74          76-10-508.1, as last amended by Laws of Utah 2019, Chapter 39
75          76-10-1602, as last amended by Laws of Utah 2022, Chapters 181, 185
76          77-20-204, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
77          77-23-104, as last amended by Laws of Utah 2001, Chapter 168
78          78A-5-110, as last amended by Laws of Utah 2022, Chapter 68
79          78A-7-106, as last amended by Laws of Utah 2022, Chapters 155, 318
80          78A-7-120, as last amended by Laws of Utah 2022, Chapters 68, 89
81          78B-6-501, as last amended by Laws of Utah 2021, Chapter 41
82          79-1-104, as enacted by Laws of Utah 2022, Chapter 68
83          79-2-102, as enacted by Laws of Utah 2009, Chapter 344
84          79-2-201, as last amended by Laws of Utah 2022, Chapter 68
85          79-2-601, as enacted by Laws of Utah 2022, Chapter 51

86     

87     Be it enacted by the Legislature of the state of Utah:
88          Section 1. Section 4-14-102 is amended to read:
89          4-14-102. Definitions.
90          As used in this chapter:
91          (1) "Active ingredient" means an ingredient that:
92          (a) prevents, destroys, repels, controls, or mitigates pests; or
93          (b) acts as a plant regulator, defoliant, or desiccant.
94          (2) "Adulterated pesticide" means a pesticide with a strength or purity that is below the
95     standard of quality expressed on the label under which the pesticide is offered for sale.
96          (3) "Animal" means all vertebrate or invertebrate species.
97          (4) "Beneficial insect" means an insect that is:
98          (a) an effective pollinator of plants;
99          (b) a parasite or predator of pests; or
100          (c) otherwise beneficial.
101          (5) "Certified applicator" means an individual who is licensed by the department to
102     apply:
103          (a) a restricted use pesticide; or
104          (b) a general use pesticide for hire or in exchange for compensation.
105          (6) "Certified qualified applicator" means a certified applicator who is eligible to act as
106     a qualifying party.
107          (7) "Defoliant" means a substance or mixture intended to cause leaves or foliage to
108     drop from a plant, with or without causing abscission.
109          (8) "Desiccant" means a substance or mixture intended to artificially accelerate the
110     drying of plant or animal tissue.
111          (9) "Distribute" means to offer for sale, sell, barter, ship, deliver for shipment, receive,
112     deliver, or offer to deliver pesticides in this state.
113          (10) "Environment" means all living plants and animals, water, air, land, and the

114     interrelationships that exist between them.
115          (11) (a) "Equipment" means any type of ground, water, or aerial equipment or
116     contrivance using motorized, mechanical, or pressurized power to apply a pesticide.
117          (b) "Equipment" does not mean any pressurized hand-sized household apparatus used
118     to apply a pesticide or any equipment or contrivance used to apply a pesticide that is dependent
119     solely upon energy expelled by the person making the pesticide application.
120          (12) "EPA" means the United States Environmental Protection Agency.
121          (13) "FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act.
122          (14) (a) "Fungus" means a nonchlorophyll-bearing thallophyte or a
123     nonchlorophyll-bearing plant of an order lower than mosses and liverworts, including rust,
124     smut, mildew, mold, yeast, and bacteria.
125          (b) "Fungus" does not include fungus existing on or in:
126          (i) a living person or other animal; or
127          (ii) processed food, beverages, or pharmaceuticals.
128          (15) "Herbicide" means a substance that is toxic to plants and is used to control or
129     eliminate unwanted vegetation.
130          (16) "Insect" means an invertebrate animal generally having a more or less obviously
131     segmented body:
132          (a) usually belonging to the Class Insecta, comprising six-legged, usually winged
133     forms, including beetles, bugs, bees, and flies; and
134          (b) allied classes of arthropods that are wingless usually having more than six legs,
135     including spiders, mites, ticks, centipedes, and wood lice.
136          (17) "Label" means any written, printed, or graphic matter on, or attached to, a
137     pesticide or a container or wrapper of a pesticide.
138          (18) (a) "Labeling" means all labels and all other written, printed, or graphic matter:
139          (i) accompanying a pesticide or equipment; or
140          (ii) to which reference is made on the label or in literature accompanying a pesticide or
141     equipment.

142          (b) "Labeling" does not include any written, printed, or graphic matter created by the
143     EPA, the United States Departments of Agriculture or Interior, the United States Department of
144     Health, Education, and Welfare, state experimental stations, state agricultural colleges, and
145     other federal or state institutions or agencies authorized by law to conduct research in the field
146     of pesticides.
147          (19) "Land" means land, water, air, and plants, animals, structures, buildings,
148     contrivances, and machinery appurtenant or situated thereon, whether fixed or mobile,
149     including any used for transportation.
150          (20) "Misbranded" means any label or labeling that is false or misleading or that does
151     not strictly comport with the label and labeling requirements set forth in Section 4-14-104.
152          (21) "Misuse" means use of any pesticide in a manner inconsistent with the pesticide's
153     label or labeling.
154          (22) "Nematode" means invertebrate animals of the Phylum Nemathelminthes and
155     Class Nematoda, including unsegmented round worms with elongated, fusiform, or saclike
156     bodies covered with cuticle, also known as nemas or eelworms.
157          (23) "Ornamental and turf pest control" means the use of a pesticide to control
158     ornamental and turf pests in the maintenance and protection of ornamental trees, shrubs,
159     flowers, or turf.
160          (24) (a) "Pest" means:
161          (i) any insect, rodent, nematode, fungus, weed; or
162          (ii) any other form of terrestrial or aquatic plant or animal life, virus, bacteria, or other
163     microorganism that is injurious to health or to the environment or that the department declares
164     to be a pest.
165          (b) "Pest" does not include:
166          (i) viruses, bacteria, or other microorganisms on or in a living person or other living
167     animal; or
168          (ii) protected wildlife species identified in Section [23-13-2] 23A-1-101 that are
169     regulated by the Division of Wildlife Resources in accordance with Sections [23-14-1 through

170     23-14-3] 23A-2-102, 23A-2-201, 23A-2-301, 23A-2-302, and 23A-2-303.
171          (25) "Pesticide" means any:
172          (a) substance or mixture of substances, including a living organism, that is intended to
173     prevent, destroy, control, repel, attract, or mitigate any insect, rodent, nematode, snail, slug,
174     fungus, weed, or other form of plant or animal life that is normally considered to be a pest or
175     that the commissioner declares to be a pest;
176          (b) any substance or mixture of substances intended to be used as a plant regulator,
177     defoliant, or desiccant;
178          (c) any spray adjuvant, such as a wetting agent, spreading agent, deposit builder,
179     adhesive, or emulsifying agent with deflocculating properties of its own used with a pesticide
180     to aid the pesticide's application or effect; and
181          (d) any other substance designated by the department by rule.
182          (26) "Pesticide applicator" is a person who:
183          (a) applies or supervises the application of a pesticide; and
184          (b) is required by this chapter to have a license.
185          (27) (a) "Pesticide applicator business" means an entity that:
186          (i) is authorized to do business in this state; and
187          (ii) offers pesticide application services.
188          (b) "Pesticide applicator business" does not include an individual licensed agricultural
189     applicator who may work for hire.
190          (28) "Pesticide dealer" means any person who distributes restricted use pesticides.
191          (29) (a) "Plant regulator" means any substance or mixture intended, through
192     physiological action, to accelerate or retard the rate of growth or rate of maturation, or
193     otherwise alter the behavior of ornamental or crop plants.
194          (b) "Plant regulator" does not include plant nutrients, trace elements, nutritional
195     chemicals, plant inoculants, or soil amendments.
196          (30) "Qualifying party" means a certified qualified applicator who is the owner or
197     employee of a pesticide applicator business and who is registered with the department as the

198     individual responsible for ensuring the training, equipping, and supervision of all pesticide
199     applicators who work for the pesticide applicator business.
200          (31) "Restricted use pesticide" means:
201          (a) a pesticide, including a highly toxic pesticide, that is a serious hazard to beneficial
202     insects, animals, or land; or
203          (b) any pesticide or pesticide use restricted by the administrator of EPA or by the
204     commissioner.
205          (32) "Spot treatment" means the limited application of an herbicide to an area that is no
206     more than 5% of the potential treatment area or one-twentieth of an acre, whichever is smaller,
207     using equipment that is designed to contain no more than five gallons of mixture.
208          (33) "Weed" means any plant that grows where not wanted.
209          (34) "Wildlife" means all living things that are neither human, domesticated, nor pests.
210          Section 2. Section 4-23-106 is amended to read:
211          4-23-106. Department to issue licenses and permits -- Department to issue
212     aircraft use permits -- Aerial hunting.
213          (1) The department is responsible for the issuance of permits and licenses for the
214     purposes of the federal Fish and Wildlife Act of 1956.
215          (2) A private person may not use an aircraft for the prevention of damage without first
216     obtaining a use permit from the department.
217          (3) The department may issue an annual permit for aerial hunting to a private person
218     for the protection of land, water, wildlife, livestock, domesticated animals, human life, or
219     crops, if the person shows that the person or the person's designated pilot, along with the
220     aircraft to be used in the aerial hunting, are licensed and qualified in accordance with the
221     requirements of the department set by rule.
222          (4) The department may predicate the issuance or retention of a permit for aerial
223     hunting upon the permittee's full and prompt disclosure of information as the department may
224     request for submission pursuant to rules made by the department.
225          (5) The department shall collect an annual fee, set in accordance with Section

226     63J-1-504, from a person who has an aircraft for which a permit is issued or renewed under this
227     section.
228          (6) Aerial hunting activity under a permit issued by the department is restricted to:
229          (a) (i) private lands that are owned or managed by the permittee;
230          (ii) state grazing allotments where the permittee is permitted by the state or the State
231     Institutional Trust Lands Administration to graze livestock; or
232          (iii) federal grazing allotments where the permittee is permitted by the United States
233     Bureau of Land Management or United States Forest Service to graze livestock; and
234          (b) only during the time period for which the private land owner has provided written
235     permission for the aerial hunting.
236          (7) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
237     Administrative Rulemaking Act, that are necessary to carry out the purpose of this section.
238          (8) The issuance of an aerial hunting permit or license under this section does not
239     authorize the holder to use aircraft to hunt, pursue, shoot, wound, kill, trap, capture, or collect
240     protected wildlife, as defined in Section [23-13-2] 23A-1-101, unless also authorized by the
241     Division of Wildlife Resources under Section [23-20-12] 23A-5-315.
242          Section 3. Section 4-34-108 is amended to read:
243          4-34-108. Donation of wild game meat.
244          (1) As used in this section:
245          (a) "Big game" means the same as that term is defined in Section [23-13-2] 23A-1-101.
246          (b) "Custom meat processor" means a person who processes meat but is exempt from
247     licensure under Section 4-32-106 as a licensed meat establishment.
248          (c) "Department" means the Department of Agriculture and Food.
249          (2) Wild game, including big game, lawfully taken by a licensed hunter may be
250     donated to a nonprofit charitable organization to feed individuals in need.
251          (3) Donated wild game meat shall meet the following conditions:
252          (a) come from an animal in apparent good health before harvest of the animal;
253          (b) come from an animal with intact intestines;

254          (c) be field-dressed immediately after harvest of the animal and be handled in a manner
255     in keeping with generally accepted wild game handling procedures;
256          (d) be processed by a custom meat processor as soon as possible after harvest of the
257     animal;
258          (e) be clearly marked as "not for sale";
259          (f) be clearly marked as "donated wild game meat" in letters not less than [three-eights]
260     three-eighths of an inch in height; and
261          (g) may not come from a road-kill animal and a road-kill animal may not be donated
262     under this section.
263          (4) (a) A donor or custom meat processor of the wild game meat being donated shall
264     advise the nonprofit charitable organization receiving the donated wild game meat that the
265     donated wild game meat should be thoroughly cooked before human consumption.
266          (b) Before serving donated wild game meat, the nonprofit charitable organization shall
267     prominently post a sign indicating:
268          (i) that the donated wild game meat is donated wild game meat;
269          (ii) the type of meat processing used; and
270          (iii) that the meat has not been inspected.
271          (5) The Department of Natural Resources may donate wild game meat in the
272     Department of Natural Resources' possession if this section is followed.
273          (6) A person may not buy, sell, or offer for sale or barter donated wild game meat.
274          (7) The department may examine, sample, seize, or condemn donated wild game meat
275     if the department has reason to believe that the donated wild game meat is unwholesome under
276     Chapter 5, Utah Wholesome Food Act.
277          Section 4. Section 4-37-103 is amended to read:
278          4-37-103. Definitions.
279          As used in this chapter:
280          (1) "Aquaculture" means the controlled cultivation of aquatic animals.
281          (2) (a) (i) "Aquaculture facility" means any tank, canal, raceway, pond, off-stream

282     reservoir, or other structure used for aquaculture.
283          (ii) "Aquaculture facility" does not include any public aquaculture facility or fee fishing
284     facility.
285          (b) Structures that are separated by more than 1/2 mile, or structures that drain to or are
286     modified to drain to, different drainages, are considered separate aquaculture facilities
287     regardless of ownership.
288          (3) (a) "Aquatic animal" means a member of any species of fish, mollusk, crustacean,
289     or amphibian.
290          (b) "Aquatic animal" includes a gamete of any species listed in Subsection (3)(a).
291          (4) "Fee fishing facility" means a body of water used for holding or rearing fish for the
292     purpose of providing fishing for a fee or for pecuniary consideration or advantage.
293          (5) "Natural flowing stream" means the same as that term is defined in Section
294     [23-13-2] 23A-1-101.
295          (6) "Natural lake" means the same as that term is defined in Section [23-13-2]
296     23A-1-101.
297          (7) "Private fish pond" means the same as that term is defined in Section [23-13-2]
298     23A-1-101.
299          (8) "Public aquaculture facility" means a tank, canal, raceway, pond, off-stream
300     reservoir, or other structure used for aquaculture by the Division of Wildlife Resources, U.S.
301     Fish and Wildlife Service, a mosquito abatement district, or an institution of higher education.
302          (9) "Public fishery resource" means fish produced in public aquaculture facilities and
303     wild and free ranging populations of fish in the surface waters of the state.
304          (10) "Reservoir constructed on a natural stream channel" means the same as that term
305     is defined in Section [23-13-2] 23A-1-101.
306          (11) "Short-term fishing event" means the same as that term is defined in Section
307     [23-13-2] 23A-1-101.
308          Section 5. Section 4-37-108 is amended to read:
309          4-37-108. Prohibited activities.

310          (1) Except as provided in this chapter, in the rules of the department made pursuant to
311     Section 4-37-109, rules of the Fish Health Policy Board made pursuant to Section 4-37-503, or
312     in the rules of the Wildlife Board governing species of aquatic animals which may be imported
313     into, possessed, transported, or released within the state, a person may not:
314          (a) acquire, import, or possess aquatic animals intended for use in an aquaculture or fee
315     fishing facility;
316          (b) transport aquatic animals to or from an aquaculture or fee fishing facility;
317          (c) stock or propagate aquatic animals in an aquaculture or fee fishing facility;
318          (d) harvest, transfer, or sell aquatic animals from an aquaculture or fee fishing facility;
319     or
320          (e) release aquatic animals into the waters of the state.
321          (2) If a person commits an act in violation of Subsection (1) and that same act
322     constitutes wanton destruction of protected wildlife as provided in Section [23-20-4]
323     23A-5-311, the person is guilty of a violation of Section[ 23-20-4] 23A-5-311.
324          Section 6. Section 4-37-111 is amended to read:
325          4-37-111. Prohibited sites.
326          (1) Except as provided in Subsection (2), an aquaculture facility or a fee fishing facility
327     may not be developed on:
328          (a) a natural lake;
329          (b) a natural flowing stream; or
330          (c) a reservoir constructed on a natural stream channel.
331          (2) The Division of Wildlife Resources may authorize an aquaculture facility, public
332     aquaculture facility, or fee fishing facility on a natural lake or reservoir constructed on a natural
333     stream channel upon inspecting and determining:
334          (a) the facility and inlet source of the facility neither contain wild game fish nor are
335     likely to support such species in the future;
336          (b) the facility and the facility's intended use will not jeopardize conservation of
337     aquatic wildlife or lead to the privatization or commercialization of aquatic wildlife;

338          (c) the facility is properly screened as provided in Subsection [23-15-10(3)(c)]
339     23A-9-203(3)(c) and otherwise in compliance with the requirements of this title, rules of the
340     Wildlife Board, and applicable law; and
341          (d) the facility is not vulnerable to flood or high water events capable of compromising
342     the facility's inlet or outlet screens and allowing escapement of privately owned fish into waters
343     of the state.
344          (3) Any authorization issued by the Division of Wildlife Resources under Subsection
345     (2) shall be in the form of a certificate of registration.
346          Section 7. Section 4-37-204 is amended to read:
347          4-37-204. Sale of aquatic animals from aquaculture facilities.
348          (1) (a) Except as provided by Subsection (1)(c) and subject to Subsection (1)(b), a
349     person holding a license for an aquaculture facility may take an aquatic animal as approved on
350     the license from the facility at any time and offer the aquatic animal for sale.
351          (b) A live aquatic animal may be sold within Utah only to a person who:
352          (i) has been issued a license to possess the aquatic animal; or
353          (ii) is eligible to receive the aquatic animal without a certificate of registration under
354     Wildlife Board rules.
355          (c) A person who owns or operates an aquaculture facility may sell live aquatic animals
356     if the person:
357          (i) obtains a health approval number for the aquaculture facility;
358          (ii) inspects the pond or holding facility to verify that the pond or facility is in
359     compliance with Subsections [23-15-10(2)] 23A-9-203(2) and (3)(c); and
360          (iii) stocks the species and reproductive capability of aquatic animals authorized by the
361     Wildlife Board in accordance with Section [23-15-10] 23A-9-203 for stocking in the area
362     where the pond or holding facility is located.
363          (2) An aquatic animal sold or transferred by the owner or operator of an aquaculture
364     facility shall be accompanied by the seller's receipt that contains the following information:
365          (a) date of transaction;

366          (b) name, address, license number, and health approval number;
367          (c) number and weight of aquatic animal by:
368          (i) species; and
369          (ii) reproductive capability; and
370          (d) name and address of the receiver.
371          (3) (a) A person holding a license for an aquaculture facility shall submit to the
372     department an annual report of each sale of live aquatic animals or each transfer of live aquatic
373     animals in Utah. The department shall forward the report to the Division of Wildlife
374     Resources. The department or Division of Wildlife Resources may request copies of receipts
375     from an aquaculture facility.
376          (b) The report shall contain the following information:
377          (i) name, address, and license number of the seller or supplier;
378          (ii) number and weight of aquatic animals by species and reproductive capacity;
379          (iii) date of sale or transfer; and
380          (iv) name, address, phone number, and license number of the receiver.
381          (4) Geographic coordinates of the stocking location shall be provided if the receiver is
382     eligible to stock the aquatic animal without a certificate of registration under Wildlife Board
383     rules.
384          (5) A report required by Subsection (3) shall be submitted before:
385          (a) a license is renewed or a subsequent license is issued; or
386          (b) a health approval number is issued.
387          Section 8. Section 4-39-401 is amended to read:
388          4-39-401. Escape of domesticated elk -- Liability.
389          (1) The owner shall try to capture domesticated elk that escape.
390          (2) The escape of a domesticated elk shall be reported immediately to the domestic elk
391     program manager, who shall notify the Division of Wildlife Resources.
392          (3) If the domesticated elk is not recovered within 72 hours of the escape, the
393     department, in conjunction with the Division of Wildlife Resources, shall take whatever action

394     is necessary to resolve the problem.
395          (4) The owner shall reimburse the state or a state agency for any reasonable recapture
396     costs incurred in the recapture or destruction of an escaped domesticated elk.
397          (5) An escaped domesticated elk taken by a licensed hunter in a manner that complies
398     with the provisions of [Title 23, Wildlife Resources Code of Utah] Title 23A, Wildlife
399     Resources Act, and the rules of the Wildlife Board shall be considered a legal taking and
400     neither the licensed hunter, the state, nor a state agency shall be liable to the owner for the
401     killing.
402          (6) The owner shall be responsible for containing the domesticated elk to ensure that
403     there is no spread of disease from domesticated elk to wild elk and that the genetic purity of
404     wild elk is protected.
405          Section 9. Section 4-46-103 is amended to read:
406          4-46-103. Application of chapter to wildlife issues.
407          This chapter may not be construed or applied to supersede or interfere with the powers
408     and duties of the Division of Wildlife Resources or the Wildlife Board under [Title 23,
409     Wildlife Resources Code of Utah] Title 23A, Wildlife Resources Act, over:
410          (1) conservation and management of protected wildlife within the state;
411          (2) a program or initiative to restore and conserve habitat for fish and wildlife; or
412          (3) acquisition, ownership, management, and control of real property or a real property
413     interest, including a leasehold estate, an easement, a right-of-way, or a conservation easement.
414          Section 10. Section 4-46-401 is amended to read:
415          4-46-401. Division of Conservation created -- Director.
416          (1) Within the department there is created the Division of Conservation.
417          (2) (a) The director is the executive and administrative head of the division.
418          (b) The director shall administer this part subject to the administration and general
419     supervision of the commissioner.
420          (3) The division shall coordinate state conservation efforts by:
421          (a) staffing the board created in Section 4-46-201;

422          (b) coordinating with a conservation district in accordance with Section 4-46-402;
423          (c) coordinating with an agency or division within the department, the Department of
424     Natural Resources, other state agencies, counties, cities, towns, local land trust entities, and
425     federal agencies;
426          (d) facilitating obtaining federal funds in addition to state funds used for state
427     conservation efforts;
428          (e) monitoring and providing for the management of conservation easements on state
429     lands, including coordination with the Division of Wildlife Resources in the Division of
430     Wildlife Resources' administration of Section [23-14-14.2] 23A-3-204; and
431          (f) implementing rules made by the department in accordance with Title 63G, Chapter
432     3, Utah Administrative Rulemaking Act, and Section 4-46-403.
433          (4) The division may cooperate with, or enter into agreements with, other agencies of
434     this state and federal agencies in the administration and enforcement of this chapter.
435          Section 11. Section 10-2-403 is amended to read:
436          10-2-403. Annexation petition -- Requirements -- Notice required before filing.
437          (1) Except as provided in Section 10-2-418, the process to annex an unincorporated
438     area to a municipality is initiated by a petition as provided in this section.
439          (2) (a) (i) Before filing a petition under Subsection (1), the person or persons intending
440     to file a petition shall:
441          (A) file with the city recorder or town clerk of the proposed annexing municipality a
442     notice of intent to file a petition; and
443          (B) send a copy of the notice of intent to each affected entity.
444          (ii) Each notice of intent under Subsection (2)(a)(i) shall include an accurate map of the
445     area that is proposed to be annexed.
446          (b) (i) Subject to Subsection (2)(b)(ii), the county in which the area proposed to be
447     annexed is located shall:
448          (A) mail the notice described in Subsection (2)(b)(iii) to:
449          (I) each owner of real property located within the area proposed to be annexed; and

450          (II) each owner of real property located within 300 feet of the area proposed to be
451     annexed; and
452          (B) send to the proposed annexing municipality a copy of the notice and a certificate
453     indicating that the notice has been mailed as required under Subsection (2)(b)(i)(A).
454          (ii) The county shall mail the notice required under Subsection (2)(b)(i)(A) within 20
455     days after receiving from the person or persons who filed the notice of intent:
456          (A) a written request to mail the required notice; and
457          (B) payment of an amount equal to the county's expected actual cost of mailing the
458     notice.
459          (iii) Each notice required under Subsection (2)(b)(i)(A) shall:
460          (A) be in writing;
461          (B) state, in bold and conspicuous terms, substantially the following:
462          "Attention: Your property may be affected by a proposed annexation.
463          Records show that you own property within an area that is intended to be included in a
464     proposed annexation to (state the name of the proposed annexing municipality) or that is within
465     300 feet of that area. If your property is within the area proposed for annexation, you may be
466     asked to sign a petition supporting the annexation. You may choose whether to sign the
467     petition. By signing the petition, you indicate your support of the proposed annexation. If you
468     sign the petition but later change your mind about supporting the annexation, you may
469     withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
470     of (state the name of the proposed annexing municipality) within 30 days after (state the name
471     of the proposed annexing municipality) receives notice that the petition has been certified.
472          There will be no public election on the proposed annexation because Utah law does not
473     provide for an annexation to be approved by voters at a public election. Signing or not signing
474     the annexation petition is the method under Utah law for the owners of property within the area
475     proposed for annexation to demonstrate their support of or opposition to the proposed
476     annexation.
477          You may obtain more information on the proposed annexation by contacting (state the

478     name, mailing address, telephone number, and email address of the official or employee of the
479     proposed annexing municipality designated to respond to questions about the proposed
480     annexation), (state the name, mailing address, telephone number, and email address of the
481     county official or employee designated to respond to questions about the proposed annexation),
482     or (state the name, mailing address, telephone number, and email address of the person who
483     filed the notice of intent under Subsection (2)(a)(i)(A), or, if more than one person filed the
484     notice of intent, one of those persons). Once filed, the annexation petition will be available for
485     inspection and copying at the office of (state the name of the proposed annexing municipality)
486     located at (state the address of the municipal offices of the proposed annexing municipality).";
487     and
488          (C) be accompanied by an accurate map identifying the area proposed for annexation.
489          (iv) A county may not mail with the notice required under Subsection (2)(b)(i)(A) any
490     other information or materials related or unrelated to the proposed annexation.
491          (c) (i) After receiving the certificate from the county as provided in Subsection
492     (2)(b)(i)(B), the proposed annexing municipality shall, upon request from the person or persons
493     who filed the notice of intent under Subsection (2)(a)(i)(A), provide an annexation petition for
494     the annexation proposed in the notice of intent.
495          (ii) An annexation petition provided by the proposed annexing municipality may be
496     duplicated for circulation for signatures.
497          (3) Each petition under Subsection (1) shall:
498          (a) be filed with the applicable city recorder or town clerk of the proposed annexing
499     municipality;
500          (b) contain the signatures of, if all the real property within the area proposed for
501     annexation is owned by a public entity other than the federal government, the owners of all the
502     publicly owned real property, or the owners of private real property that:
503          (i) is located within the area proposed for annexation;
504          (ii) (A) subject to Subsection (3)(b)(ii)(C), covers a majority of the private land area
505     within the area proposed for annexation;

506          (B) covers 100% of rural real property within the area proposed for annexation; and
507          (C) covers 100% of the private land area within the area proposed for annexation, if the
508     area is within an agriculture protection area created under Title 17, Chapter 41, Agriculture,
509     Industrial, or Critical Infrastructure Materials Protection Areas, or a migratory bird production
510     area created under [Title 23, Chapter 28, Migratory Bird Production Area] Title 23A, Chapter
511     13, Migratory Bird Production Area; and
512          (iii) is equal in value to at least 1/3 of the value of all private real property within the
513     area proposed for annexation;
514          (c) be accompanied by:
515          (i) an accurate and recordable map, prepared by a licensed surveyor in accordance with
516     Section 17-23-20, of the area proposed for annexation; and
517          (ii) a copy of the notice sent to affected entities as required under Subsection
518     (2)(a)(i)(B) and a list of the affected entities to which notice was sent;
519          (d) contain on each signature page a notice in bold and conspicuous terms that states
520     substantially the following:
521          "Notice:
522          • There will be no public election on the annexation proposed by this petition because
523     Utah law does not provide for an annexation to be approved by voters at a public election.
524          • If you sign this petition and later decide that you do not support the petition, you may
525     withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
526     of (state the name of the proposed annexing municipality). If you choose to withdraw your
527     signature, you shall do so no later than 30 days after (state the name of the proposed annexing
528     municipality) receives notice that the petition has been certified.";
529          (e) if the petition proposes a cross-county annexation, as defined in Section 10-2-402.5,
530     be accompanied by a copy of the resolution described in Subsection 10-2-402.5(4)(a)(iii)(A);
531     and
532          (f) designate up to five of the signers of the petition as sponsors, one of whom shall be
533     designated as the contact sponsor, and indicate the mailing address of each sponsor.

534          (4) A petition under Subsection (1) may not propose the annexation of all or part of an
535     area proposed for annexation to a municipality in a previously filed petition that has not been
536     denied, rejected, or granted.
537          (5) If practicable and feasible, the boundaries of an area proposed for annexation shall
538     be drawn:
539          (a) along the boundaries of existing local districts and special service districts for
540     sewer, water, and other services, along the boundaries of school districts whose boundaries
541     follow city boundaries or school districts adjacent to school districts whose boundaries follow
542     city boundaries, and along the boundaries of other taxing entities;
543          (b) to eliminate islands and peninsulas of territory that is not receiving municipal-type
544     services;
545          (c) to facilitate the consolidation of overlapping functions of local government;
546          (d) to promote the efficient delivery of services; and
547          (e) to encourage the equitable distribution of community resources and obligations.
548          (6) On the date of filing, the petition sponsors shall deliver or mail a copy of the
549     petition to the clerk of the county in which the area proposed for annexation is located.
550          (7) A property owner who signs an annexation petition may withdraw the owner's
551     signature by filing a written withdrawal, signed by the property owner, with the city recorder or
552     town clerk no later than 30 days after the municipal legislative body's receipt of the notice of
553     certification under Subsection 10-2-405(2)(c)(i).
554          Section 12. Section 11-3-10 is amended to read:
555          11-3-10. Exemptions -- Limitation on chapter.
556          (1) This chapter does not apply to class A, class B, and class C explosives that are not
557     for use in Utah, but are manufactured, stored, warehoused, or in transit for destinations outside
558     of Utah.
559          (2) This chapter does not supersede Section [23-13-7] 23A-2-208, regarding use of
560     fireworks and explosives by the Division of Wildlife Resources and federal game agents.
561          (3) Provided that the display operators are properly licensed as required by Section

562     53-7-223, municipalities and counties for the unincorporated areas within the county may
563     conduct, permit, or regulate:
564          (a) exhibitions of display fireworks; or
565          (b) pyrotechnic displays held inside public buildings.
566          Section 13. Section 11-41-102 is amended to read:
567          11-41-102. Definitions.
568          As used in this chapter:
569          (1) "Agreement" means an oral or written agreement between a public entity and a
570     person.
571          (2) "Business entity" means a sole proprietorship, partnership, limited partnership,
572     limited liability company, corporation, or other entity or association used to carry on a business
573     for profit.
574          (3) "Determination of violation" means a determination by the Governor's Office of
575     Economic Opportunity of substantial likelihood that a retail facility incentive payment has been
576     made in violation of Section 11-41-103, in accordance with Section 11-41-104.
577          (4) "Environmental mitigation" means an action or activity intended to remedy known
578     negative impacts to the environment.
579          (5) "Executive director" means the executive director of the Governor's Office of
580     Economic Opportunity.
581          (6) "General plan" means the same as that term is defined in Section [23-21-.5]
582     23A-6-101.
583          (7) "Mixed-use development" means development with mixed land uses, including
584     housing.
585          (8) "Moderate income housing plan" means the moderate income housing plan element
586     of a general plan.
587          (9) "Office" means the Governor's Office of Economic Opportunity.
588          (10) "Political subdivision" means any county, city, town, metro township, school
589     district, local district, special service district, community reinvestment agency, or entity created

590     by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act.
591          (11) "Public entity" means:
592          (a) a political subdivision;
593          (b) a state agency as defined in Section 63J-1-220;
594          (c) a higher education institution as defined in Section 53B-1-201;
595          (d) the Military Installation Development Authority created in Section 63H-1-201;
596          (e) the Utah Inland Port Authority created in Section 11-58-201; or
597          (f) the Point of the Mountain State Land Authority created in Section 11-59-201.
598          (12) "Public funds" means any money received by a public entity that is derived from:
599          (a) a sales and use tax authorized under Title 59, Chapter 12, Sales and Use Tax Act;
600     or
601          (b) a property tax levy.
602          (13) "Public infrastructure" means:
603          (a) a public facility as defined in Section 11-36a-102; or
604          (b) public infrastructure included as part of an infrastructure master plan related to a
605     general plan.
606          (14) "Retail facility" means any facility operated by a business entity for the primary
607     purpose of making retail transactions.
608          (15) (a) "Retail facility incentive payment" means a payment of public funds:
609          (i) to a person by a public entity;
610          (ii) for the development, construction, renovation, or operation of a retail facility
611     within an area of the state; and
612          (iii) in the form of:
613          (A) a payment;
614          (B) a rebate;
615          (C) a refund;
616          (D) a subsidy; or
617          (E) any other similar incentive, award, or offset.

618          (b) "Retail facility incentive payment" does not include a payment of public funds for:
619          (i) the development, construction, renovation, or operation of:
620          (A) public infrastructure; or
621          (B) a structured parking facility;
622          (ii) the demolition of an existing facility;
623          (iii) assistance under a state or local:
624          (A) main street program; or
625          (B) historic preservation program;
626          (iv) environmental mitigation or sanitation, if determined by a state or federal agency
627     under applicable state or federal law;
628          (v) assistance under a water conservation program or energy efficiency program, if any
629     business entity located within the public entity's boundaries or subject to the public entity's
630     jurisdiction is eligible to participate in the program;
631          (vi) emergency aid or assistance, if any business entity located within the public entity's
632     boundaries or subject to the public entity's jurisdiction is eligible to receive the emergency aid
633     or assistance; or
634          (vii) assistance under a public safety or security program, if any business entity located
635     within the public entity's boundaries or subject to the public entity's jurisdiction is eligible to
636     participate in the program.
637          (16) "Retail transaction" means any transaction subject to a sales and use tax under
638     Title 59, Chapter 12, Sales and Use Tax Act.
639          (17) (a) "Small business" means a business entity that:
640          (i) has fewer than 30 full-time equivalent employees; and
641          (ii) maintains the business entity's principal office in the state.
642          (b) "Small business" does not include:
643          (i) a franchisee, as defined in 16 C.F.R. Sec. 436.1;
644          (ii) a dealer, as defined in Section 41-1a-102; or
645          (iii) a subsidiary or affiliate of another business entity that is not a small business.

646          Section 14. Section 11-46-302 is amended to read:
647          11-46-302. Definitions.
648          In addition to the definitions in Sections 11-46-102 and 11-46-202, as used in this part:
649          (1) "Community cat" means a feral or free-roaming cat that is without visibly
650     discernable or microchip owner identification of any kind, and has been sterilized, vaccinated,
651     and ear-tipped.
652          (2) "Community cat caretaker" means any person other than an owner who provides
653     food, water, or shelter to a community cat or community cat colony.
654          (3) "Community cat colony" means a group of cats that congregate together. Although
655     not every cat in a colony may be a community cat, any cats owned by individuals that
656     congregate with a colony are considered part of it.
657          (4) "Community cat program" means a program pursuant to which feral cats are
658     sterilized, vaccinated against rabies, ear-tipped, and returned to the location where they
659     congregate.
660          (5) "Ear-tipping" means removing approximately a quarter-inch off the tip of a cat's left
661     ear while the cat is anesthetized for sterilization.
662          (6) "Feral" has the same meaning as in Section [23-13-2] 23A-1-101.
663          (7) "Sponsor" means any person or organization that traps feral cats, sterilizes,
664     vaccinates against rabies, and ear-tips them before returning them to the location where they
665     were trapped. A sponsor may be any animal humane society, non-profit organization, animal
666     rescue, adoption organization, or a designated community cat caretaker that also maintains
667     written records on community cats.
668          Section 15. Section 11-51a-201 is amended to read:
669          11-51a-201. Limitation.
670          Nothing in this chapter limits:
671          (1) the authority of the state to manage and protect wildlife under [Title 23, Wildlife
672     Resources Code of Utah] Title 23A, Wildlife Resources Act; or
673          (2) the power of a municipality under Section 10-8-60.

674          Section 16. Section 11-65-206 is amended to read:
675          11-65-206. Applicability of other law -- Cooperation of state and local
676     governments -- Authority of other agencies not affected -- Attorney general to provide
677     legal services.
678          (1) The lake authority is subject to and governed by Sections 63E-2-106, 63E-2-107,
679     63E-2-108, 63E-2-109, 63E-2-110, and 63E-2-111, but is not otherwise subject to or governed
680     by Title 63E, Independent Entities Code.
681          (2) A department, division, or other agency of the state and a political subdivision of
682     the state is encouraged, upon the board's request, to cooperate with the lake authority to provide
683     the support, information, or other assistance reasonably necessary to help the lake authority
684     fulfill the lake authority's duties and responsibilities under this chapter.
685          (3) Nothing in this chapter may be construed to affect or impair:
686          (a) the authority of the Department of Environmental Quality, created in Section
687     19-1-104, to regulate under Title 19, Environmental Quality Code, consistent with the purposes
688     of this chapter; or
689          (b) the authority of the Division of Wildlife Resources, created in Section [23-14-1]
690     23A-2-201, to regulate under [Title 23, Wildlife Resources Code of Utah] Title 23A, Wildlife
691     Resources Act, consistent with the purposes of this chapter.
692          (4) In accordance with Utah Constitution, Article XVII, Section 1, nothing in this
693     chapter may be construed to override, supersede, interfere with, or modify:
694          (a) any water right in the state;
695          (b) the operation of a water facility or project; or
696          (c) the role or authority of the state engineer.
697          (5) (a) Except as otherwise explicitly provided, nothing in this chapter may be
698     construed to authorize the lake authority to interfere with or take the place of another
699     governmental entity in that entity's process of considering an application or request for a
700     license, permit, or other regulatory or governmental permission for an action relating to water
701     of Utah Lake or land within the lake authority boundary.

702          (b) The lake authority shall respect and, if applicable and within the lake authority's
703     powers, implement a license, permit, or other regulatory or governmental permission described
704     in Subsection (5)(a).
705          (6) Nothing in this chapter may be construed to allow the authority to:
706          (a) consider an application for the disposal of land within the lake authority boundary
707     under Title 65A, Chapter 15, Utah Lake Restoration Act; or
708          (b) issue bonding or other financing for a project under Title 65A, Chapter 15, Utah
709     Lake Restoration Act.
710          (7) The attorney general shall provide legal services to the board.
711          Section 17. Section 17-27a-401 is amended to read:
712          17-27a-401. General plan required -- Content -- Resource management plan --
713     Provisions related to radioactive waste facility.
714          (1) To accomplish the purposes of this chapter, a county shall prepare and adopt a
715     comprehensive, long-range general plan:
716          (a) for present and future needs of the county;
717          (b) (i) for growth and development of all or any part of the land within the
718     unincorporated portions of the county; or
719          (ii) if a county has designated a mountainous planning district, for growth and
720     development of all or any part of the land within the mountainous planning district; and
721          (c) as a basis for communicating and coordinating with the federal government on land
722     and resource management issues.
723          (2) To promote health, safety, and welfare, the general plan may provide for:
724          (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
725     activities, aesthetics, and recreational, educational, and cultural opportunities;
726          (b) the reduction of the waste of physical, financial, or human resources that result
727     from either excessive congestion or excessive scattering of population;
728          (c) the efficient and economical use, conservation, and production of the supply of:
729          (i) food and water; and

730          (ii) drainage, sanitary, and other facilities and resources;
731          (d) the use of energy conservation and solar and renewable energy resources;
732          (e) the protection of urban development;
733          (f) the protection and promotion of air quality;
734          (g) historic preservation;
735          (h) identifying future uses of land that are likely to require an expansion or significant
736     modification of services or facilities provided by an affected entity; and
737          (i) an official map.
738          (3) (a) (i) The general plan of a specified county, as defined in Section 17-27a-408,
739     shall include a moderate income housing element that meets the requirements of Subsection
740     17-27a-403(2)(a)(iii).
741          (ii) On or before October 1, 2022, a specified county, as defined in Section 17-27a-408,
742     with a general plan that does not comply with Subsection (3)(a)(i) shall amend the general plan
743     to comply with Subsection (3)(a)(i).
744          (b) The general plan shall contain a resource management plan for the public lands, as
745     defined in Section 63L-6-102, within the county.
746          (c) The resource management plan described in Subsection (3)(b) shall address:
747          (i) mining;
748          (ii) land use;
749          (iii) livestock and grazing;
750          (iv) irrigation;
751          (v) agriculture;
752          (vi) fire management;
753          (vii) noxious weeds;
754          (viii) forest management;
755          (ix) water rights;
756          (x) ditches and canals;
757          (xi) water quality and hydrology;

758          (xii) flood plains and river terraces;
759          (xiii) wetlands;
760          (xiv) riparian areas;
761          (xv) predator control;
762          (xvi) wildlife;
763          (xvii) fisheries;
764          (xviii) recreation and tourism;
765          (xix) energy resources;
766          (xx) mineral resources;
767          (xxi) cultural, historical, geological, and paleontological resources;
768          (xxii) wilderness;
769          (xxiii) wild and scenic rivers;
770          (xxiv) threatened, endangered, and sensitive species;
771          (xxv) land access;
772          (xxvi) law enforcement;
773          (xxvii) economic considerations; and
774          (xxviii) air.
775          (d) For each item listed under Subsection (3)(c), a county's resource management plan
776     shall:
777          (i) establish findings pertaining to the item;
778          (ii) establish defined objectives; and
779          (iii) outline general policies and guidelines on how the objectives described in
780     Subsection (3)(d)(ii) are to be accomplished.
781          (4) (a) (i) The general plan shall include specific provisions related to an area within, or
782     partially within, the exterior boundaries of the county, or contiguous to the boundaries of a
783     county, which are proposed for the siting of a storage facility or transfer facility for the
784     placement of high-level nuclear waste or greater than class C radioactive nuclear waste, as
785     these wastes are defined in Section 19-3-303.

786          (ii) The provisions described in Subsection (4)(a)(i) shall address the effects of the
787     proposed site upon the health and general welfare of citizens of the state, and shall provide:
788          (A) the information identified in Section 19-3-305;
789          (B) information supported by credible studies that demonstrates that Subsection
790     19-3-307(2) has been satisfied; and
791          (C) specific measures to mitigate the effects of high-level nuclear waste and greater
792     than class C radioactive waste and guarantee the health and safety of the citizens of the state.
793          (b) A county may, in lieu of complying with Subsection (4)(a), adopt an ordinance
794     indicating that all proposals for the siting of a storage facility or transfer facility for the
795     placement of high-level nuclear waste or greater than class C radioactive waste wholly or
796     partially within the county are rejected.
797          (c) A county may adopt the ordinance listed in Subsection (4)(b) at any time.
798          (d) The county shall send a certified copy of the ordinance described in Subsection
799     (4)(b) to the executive director of the Department of Environmental Quality by certified mail
800     within 30 days of enactment.
801          (e) If a county repeals an ordinance adopted under Subsection (4)(b) the county shall:
802          (i) comply with Subsection (4)(a) as soon as reasonably possible; and
803          (ii) send a certified copy of the repeal to the executive director of the Department of
804     Environmental Quality by certified mail within 30 days after the repeal.
805          (5) The general plan may define the county's local customs, local culture, and the
806     components necessary for the county's economic stability.
807          (6) Subject to Subsection 17-27a-403(2), the county may determine the
808     comprehensiveness, extent, and format of the general plan.
809          (7) If a county has designated a mountainous planning district, the general plan for the
810     mountainous planning district is the controlling plan.
811          (8) Nothing in this part may be construed to limit the authority of the state to manage
812     and protect wildlife under [Title 23, Wildlife Resources Code of Utah] Title 23A, Wildlife
813     Resources Act.

814          (9) On or before December 31, 2025, a county that has a general plan that does not
815     include a water use and preservation element that complies with Section 17-27a-403 shall
816     amend the county's general plan to comply with Section 17-27a-403.
817          Section 18. Section 24-4-115 is amended to read:
818          24-4-115. Disposition and allocation of forfeited property.
819          (1) If a court finds that property is forfeited under this chapter, the court shall order the
820     property forfeited to the state.
821          (2) (a) If the property is not currency, the agency shall authorize a public or otherwise
822     commercially reasonable sale of that property if the property is not required by law to be
823     destroyed and is not harmful to the public.
824          (b) If the property forfeited is an alcoholic product as defined in Section 32B-1-102,
825     the property shall be disposed of as follows:
826          (i) an alcoholic product shall be sold if the alcoholic product is:
827          (A) unadulterated, pure, and free from any crude, unrectified, or impure form of ethylic
828     alcohol, or any other deleterious substance or liquid; and
829          (B) otherwise in saleable condition; or
830          (ii) an alcoholic product and the alcoholic product's package shall be destroyed if the
831     alcoholic product is impure, adulterated, or otherwise unfit for sale.
832          (c) If the property forfeited is a cigarette or other tobacco product as defined in Section
833     59-14-102, the property shall be destroyed, except that the lawful holder of the trademark rights
834     in the cigarette or tobacco product brand is permitted to inspect the cigarette before the
835     destruction of the cigarette or tobacco product.
836          (d) The proceeds of the sale of forfeited property shall remain segregated from other
837     property, equipment, or assets of the agency until transferred in accordance with this chapter.
838          (3) Before transferring currency and the proceeds or revenue from the sale of the
839     property in accordance with this chapter, the agency shall:
840          (a) deduct the agency's direct costs, expense of reporting under Section 24-4-118, and
841     expense of obtaining and maintaining the property pending a forfeiture proceeding; and

842          (b) if the prosecuting agency that employed the prosecuting attorney has met the
843     requirements of Subsection 24-4-119(3), pay the prosecuting attorney the legal costs associated
844     with the litigation of the forfeiture proceeding, and up to 20% of the value of the forfeited
845     property in attorney fees.
846          (4) If the forfeiture arises from a violation relating to wildlife resources, the agency
847     shall deposit any remaining currency and the proceeds or revenue from the sale of the property
848     into the Wildlife Resources Account created in Section [23-14-13] 23A-3-201.
849          (5) The agency shall transfer any remaining currency, the proceeds, or revenue from the
850     sale of the property to the commission and deposited into the account.
851          Section 19. Section 41-1a-422 is amended to read:
852          41-1a-422. Support special group license plates -- Contributor -- Voluntary
853     contribution collection procedures.
854          (1) As used in this section:
855          (a) (i) except as provided in Subsection (1)(a)(ii), "contributor" means a person who
856     has donated or in whose name at least $25 has been donated to:
857          (A) a scholastic scholarship fund of a single named institution;
858          (B) the Department of Veterans and Military Affairs for veterans programs;
859          (C) the Division of Wildlife Resources for the Wildlife Resources Account created in
860     Section [23-14-13] 23A-3-201, for conservation of wildlife and the enhancement, preservation,
861     protection, access, and management of wildlife habitat;
862          (D) the Department of Agriculture and Food for the benefit of conservation districts;
863          (E) the Division of Outdoor Recreation for the benefit of snowmobile programs;
864          (F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
865     the donation evenly divided between the two;
866          (G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
867     council as specified by the contributor;
868          (H) No More Homeless Pets in Utah for distribution to organizations or individuals
869     that provide spay and neuter programs that subsidize the sterilization of domestic animals;

870          (I) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
871     development programs;
872          (J) the Utah Association of Public School Foundations to support public education;
873          (K) the Utah Housing Opportunity Restricted Account created in Section 61-2-204 to
874     assist people who have severe housing needs;
875          (L) the Public Safety Honoring Heroes Restricted Account created in Section 53-1-118
876     to support the families of fallen Utah Highway Patrol troopers and other Department of Public
877     Safety employees;
878          (M) the Division of Outdoor Recreation for distribution to organizations that provide
879     support for Zion National Park;
880          (N) the Firefighter Support Restricted Account created in Section 53-7-109 to support
881     firefighter organizations;
882          (O) the Share the Road Bicycle Support Restricted Account created in Section
883     72-2-127 to support bicycle operation and safety awareness programs;
884          (P) the Cancer Research Restricted Account created in Section 26-21a-302 to support
885     cancer research programs;
886          (Q) Autism Awareness Restricted Account created in Section 53F-9-401 to support
887     autism awareness programs;
888          (R) Humanitarian Service and Educational and Cultural Exchange Restricted Account
889     created in Section 9-17-102 to support humanitarian service and educational and cultural
890     programs;
891          (S) Upon renewal of a prostate cancer support special group license plate, to the
892     Cancer Research Restricted Account created in Section 26-21a-302 to support cancer research
893     programs;
894          (T) the Choose Life Adoption Support Restricted Account created in Section 80-2-502
895     to support programs that promote adoption;
896          (U) the National Professional Men's Basketball Team Support of Women and Children
897     Issues Restricted Account created in Section 26B-1-302;

898          (V) the Utah Law Enforcement Memorial Support Restricted Account created in
899     Section 53-1-120;
900          (W) the Children with Cancer Support Restricted Account created in Section
901     26-21a-304 for programs that provide assistance to children with cancer;
902          (X) the National Professional Men's Soccer Team Support of Building Communities
903     Restricted Account created in Section 9-19-102;
904          (Y) the Children with Heart Disease Support Restricted Account created in Section
905     26-58-102;
906          (Z) the Utah Intracurricular Student Organization Support for Agricultural Education
907     and Leadership Restricted Account created in Section 4-42-102;
908          (AA) the Division of Wildlife Resources for the Support for State-Owned Shooting
909     Ranges Restricted Account created in Section [23-14-13.5] 23A-3-203, for the creation of new,
910     and operation and maintenance of existing, state-owned firearm shooting ranges;
911          (BB) the Utah State Historical Society to further the mission and purpose of the Utah
912     State Historical Society;
913          (CC) the Motorcycle Safety Awareness Support Restricted Account created in Section
914     72-2-130;
915          (DD) clean air support causes, with half of the donation deposited into the Clean Air
916     Support Restricted Account created in Section 19-1-109, and half of the donation deposited
917     into the Clean Air Fund created in Section 59-10-1319;
918          (EE) the Latino Community Support Restricted Account created in Section 13-1-16;
919          (FF) the Allyson Gamble Organ Donation Contribution Fund created in Section
920     26-18b-101;
921          (GG) public education on behalf of the Kiwanis International clubs, with the amount of
922     the donation required to cover the costs of issuing, ordering, or reordering Kiwanis support
923     special group plates, as determined by the State Tax Commission, deposited into the Kiwanis
924     Education Support Fund created in Section 53F-9-403, and all remaining donation amounts
925     deposited into the Uniform School Fund;

926          (HH) the Governor's Suicide Prevention Fund created in Section 62A-15-1103 to
927     support the Live On suicide prevention campaign administered by the Division of Integrated
928     Healthcare; or
929          (II) the State Park Fees Restricted Account created in Section 79-4-402 to support the
930     Division of State Parks' dark sky initiative.
931          (ii) (A) For a veterans special group license plate described in Subsection (4) or
932     41-1a-421(1)(a)(v), "contributor" means a person who has donated or in whose name at least a
933     $25 donation at the time of application and $10 annual donation thereafter has been made.
934          (B) For a Utah Housing Opportunity special group license plate, "contributor" means a
935     person who:
936          (I) has donated or in whose name at least $30 has been donated at the time of
937     application and annually after the time of application; and
938          (II) is a member of a trade organization for real estate licensees that has more than
939     15,000 Utah members.
940          (C) For an Honoring Heroes special group license plate, "contributor" means a person
941     who has donated or in whose name at least $35 has been donated at the time of application and
942     annually thereafter.
943          (D) For a firefighter support special group license plate, "contributor" means a person
944     who:
945          (I) has donated or in whose name at least $15 has been donated at the time of
946     application and annually after the time of application; and
947          (II) is a currently employed, volunteer, or retired firefighter.
948          (E) For a cancer research special group license plate, "contributor" means a person who
949     has donated or in whose name at least $35 has been donated at the time of application and
950     annually after the time of application.
951          (F) For a Utah Law Enforcement Memorial Support special group license plate,
952     "contributor" means a person who has donated or in whose name at least $35 has been donated
953     at the time of application and annually thereafter.

954          (b) "Institution" means a state institution of higher education as defined under Section
955     53B-3-102 or a private institution of higher education in the state accredited by a regional or
956     national accrediting agency recognized by the United States Department of Education.
957          (2) (a) An applicant for original or renewal collegiate special group license plates under
958     Subsection (1)(a)(i) must be a contributor to the institution named in the application and
959     present the original contribution verification form under Subsection (2)(b) or make a
960     contribution to the division at the time of application under Subsection (3).
961          (b) An institution with a support special group license plate shall issue to a contributor
962     a verification form designed by the commission containing:
963          (i) the name of the contributor;
964          (ii) the institution to which a donation was made;
965          (iii) the date of the donation; and
966          (iv) an attestation that the donation was for a scholastic scholarship.
967          (c) The state auditor may audit each institution to verify that the money collected by the
968     institutions from contributors is used for scholastic scholarships.
969          (d) After an applicant has been issued collegiate license plates or renewal decals, the
970     commission shall charge the institution whose plate was issued, a fee determined in accordance
971     with Section 63J-1-504 for management and administrative expenses incurred in issuing and
972     renewing the collegiate license plates.
973          (e) If the contribution is made at the time of application, the contribution shall be
974     collected, treated, and deposited as provided under Subsection (3).
975          (3) (a) (i) Except as provided in Subsection (3)(a)(ii), an applicant for original or
976     renewal support special group license plates under this section must be a contributor to the
977     sponsoring organization associated with the license plate.
978          (ii) An applicant for a historical special group license plate is not required to make a
979     donation to the Utah State Historical Society if the historical special group license plate is for a
980     vintage vehicle that has a model year of 1980 or older.
981          (b) This contribution shall be:

982          (i) unless collected by the named institution under Subsection (2), collected by the
983     division;
984          (ii) considered a voluntary contribution for the funding of the activities specified under
985     this section and not a motor vehicle registration fee;
986          (iii) deposited into the appropriate account less actual administrative costs associated
987     with issuing the license plates; and
988          (iv) for a firefighter special group license plate, deposited into the appropriate account
989     less:
990          (A) the costs of reordering firefighter special group license plate decals; and
991          (B) the costs of replacing recognition special group license plates with new license
992     plates under Subsection 41-1a-1211(13).
993          (c) The donation described in Subsection (1)(a) must be made in the 12 months before
994     registration or renewal of registration.
995          (d) The donation described in Subsection (1)(a) shall be a one-time donation made to
996     the division when issuing original:
997          (i) snowmobile license plates; or
998          (ii) conservation license plates.
999          (4) Veterans license plates shall display one of the symbols representing the Army,
1000     Navy, Air Force, Marines, Coast Guard, or American Legion.
1001          Section 20. Section 51-9-402 is amended to read:
1002          51-9-402. Division of collected money retained by state treasurer and local
1003     governmental collecting entity.
1004          (1) The amount of the surcharge imposed under this part by courts of record shall be
1005     collected before any fine and deposited with the state treasurer.
1006          (2) The amount of the surcharge and the amount of criminal fines, penalties, and
1007     forfeitures imposed under this part by courts not of record shall be collected concurrently.
1008          (a) As money is collected on criminal fines, penalties, and forfeitures subject to the
1009     90% surcharge, the money shall be divided pro rata so that the local governmental collecting

1010     entity retains 53% of the collected money and the state retains 47% of the collected money.
1011          (b) As money is collected on criminal fines, penalties, and forfeitures subject to the
1012     35% surcharge, the money shall be divided pro rata so that the local governmental collecting
1013     entity retains 74% of the collected money and the state retains 26% of the collected money.
1014          (c) The court shall deposit with the state treasurer the surcharge portion of all money as
1015     it is collected.
1016          (3) Courts of record, courts not of record, and administrative traffic proceedings shall
1017     collect financial information to determine:
1018          (a) the total number of cases in which:
1019          (i) a final judgment has been rendered;
1020          (ii) surcharges and fines are paid by partial or installment payment; and
1021          (iii) the judgment is fulfilled by an alternative method upon the court's order; and
1022          (b) the total dollar amounts of surcharges owed to the state and fines owed to the state
1023     and county or municipality, including:
1024          (i) waived surcharges;
1025          (ii) uncollected surcharges; and
1026          (iii) collected surcharges.
1027          (4) The courts of record, courts not of record, and administrative traffic proceedings
1028     shall report all collected financial information monthly to the Administrative Office of the
1029     Courts. The collected information shall be categorized by cases subject to the 90% and 35%
1030     surcharge.
1031          (5) The provisions of this section and Section 51-9-401 may not impact the distribution
1032     and allocation of fines and forfeitures imposed in accordance with Sections [23-14-13]
1033     23A-3-201, 78A-5-110, and 78A-7-120.
1034          Section 21. Section 53-2a-208 is amended to read:
1035          53-2a-208. Local emergency -- Declarations -- Termination of a local emergency.
1036          (1) (a) Except as provided in Subsection (1)(b), a chief executive officer of a
1037     municipality or county may declare by proclamation a state of emergency if the chief executive

1038     officer finds:
1039          (i) a disaster has occurred or the occurrence or threat of a disaster is imminent in an
1040     area of the municipality or county; and
1041          (ii) the municipality or county requires additional assistance to supplement the
1042     response and recovery efforts of the municipality or county.
1043          (b) A chief executive officer of a municipality may not declare by proclamation a state
1044     of emergency in response to an epidemic or a pandemic.
1045          (2) A declaration of a local emergency:
1046          (a) constitutes an official recognition that a disaster situation exists within the affected
1047     municipality or county;
1048          (b) provides a legal basis for requesting and obtaining mutual aid or disaster assistance
1049     from other political subdivisions or from the state or federal government;
1050          (c) activates the response and recovery aspects of any and all applicable local disaster
1051     emergency plans; and
1052          (d) authorizes the furnishing of aid and assistance in relation to the proclamation.
1053          (3) A local emergency proclamation issued under this section shall state:
1054          (a) the nature of the local emergency;
1055          (b) the area or areas that are affected or threatened; and
1056          (c) the conditions which caused the emergency.
1057          (4) The emergency declaration process within the state shall be as follows:
1058          (a) a city, town, or metro township shall declare to the county;
1059          (b) a county shall declare to the state;
1060          (c) the state shall declare to the federal government; and
1061          (d) a tribe, as defined in Section [23-13-12.5] 23A-1-202, shall declare as determined
1062     under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Sec.
1063     5121 et seq.
1064          (5) Nothing in this part affects:
1065          (a) the governor's authority to declare a state of emergency under Section 53-2a-206; or

1066          (b) the duties, requests, reimbursements, or other actions taken by a political
1067     subdivision participating in the state-wide mutual aid system pursuant to Title 53, Chapter 2a,
1068     Part 3, Statewide Mutual Aid Act.
1069          (6) (a) Except as provided in Subsection (6)(b), a state of emergency described in
1070     Subsection (1) expires the earlier of:
1071          (i) the day on which the chief executive officer finds that:
1072          (A) the threat or danger has passed;
1073          (B) the disaster reduced to the extent that emergency conditions no longer exist; or
1074          (C) the municipality or county no longer requires state government assistance to
1075     supplement the response and recovery efforts of the municipality or county;
1076          (ii) 30 days after the day on which the chief executive officer declares the state of
1077     emergency; or
1078          (iii) the day on which the legislative body of the municipality or county terminates the
1079     state of emergency by majority vote.
1080          (b) (i) (A) The legislative body of a municipality may at any time terminate by majority
1081     vote a state of emergency declared by the chief executive officer of the municipality.
1082          (B) The legislative body of a county may at any time terminate by majority vote a state
1083     of emergency declared by the chief executive officer of the county.
1084          (ii) The legislative body of a municipality or county may by majority vote extend a
1085     state of emergency for a time period stated in the motion.
1086          (iii) If the legislative body of a municipality or county extends a state of emergency in
1087     accordance with this subsection, the state of emergency expires on the date designated by the
1088     legislative body in the motion.
1089          (iv) An action by a legislative body of a municipality or county to terminate a state of
1090     emergency as described in this Subsection (6)(b) is not subject to veto by the relevant chief
1091     executive officer.
1092          (c) Except as provided in Subsection (7), after a state of emergency expires in
1093     accordance with this Subsection (6), the chief executive officer may not declare a new state of

1094     emergency in response to the same disaster or occurrence as the expired state of emergency.
1095          (7) (a) After a state of emergency expires in accordance with Subsection (6), the chief
1096     executive officer may declare a new state of emergency in response to the same disaster or
1097     occurrence as the expired state of emergency, if the chief executive officer finds that exigent
1098     circumstances exist.
1099          (b) A state of emergency declared in accordance with Subsection (7)(a) expires in
1100     accordance with Subsections (6)(a) and (b).
1101          (c) After a state of emergency declared in accordance with Subsection (7)(a) expires,
1102     the chief executive officer may not declare a new state of emergency in response to the same
1103     disaster or occurrence as the expired state of emergency, regardless of whether exigent
1104     circumstances exist.
1105          Section 22. Section 53-2a-1102 is amended to read:
1106          53-2a-1102. Search and Rescue Financial Assistance Program -- Uses --
1107     Rulemaking -- Distribution.
1108          (1) As used in this section:
1109          (a) "Assistance card program" means the Utah Search and Rescue Assistance Card
1110     Program created within this section.
1111          (b) "Card" means the Search and Rescue Assistance Card issued under this section to a
1112     participant.
1113          (c) "Participant" means an individual, family, or group who is registered pursuant to
1114     this section as having a valid card at the time search, rescue, or both are provided.
1115          (d) "Program" means the Search and Rescue Financial Assistance Program created
1116     within this section.
1117          (e) (i) "Reimbursable base expenses" means those reasonable expenses incidental to
1118     search and rescue activities.
1119          (ii) "Reimbursable base expenses" include:
1120          (A) rental for fixed wing aircraft, snowmobiles, boats, and generators;
1121          (B) replacement and upgrade of search and rescue equipment;

1122          (C) training of search and rescue volunteers;
1123          (D) costs of providing life insurance and workers' compensation benefits for volunteer
1124     search and rescue team members under Section 67-20-7.5; and
1125          (E) any other equipment or expenses necessary or appropriate for conducting search
1126     and rescue activities.
1127          (iii) "Reimbursable base expenses" do not include any salary or overtime paid to an
1128     individual on a regular or permanent payroll, including permanent part-time employees of any
1129     agency of the state.
1130          (f) "Rescue" means search services, rescue services, or both search and rescue services.
1131          (2) There is created the Search and Rescue Financial Assistance Program within the
1132     division.
1133          (3) (a) The financial program and the assistance card program shall be funded from the
1134     following revenue sources:
1135          (i) any voluntary contributions to the state received for search and rescue operations;
1136          (ii) money received by the state under Subsection (11) and under Sections [23-19-42]
1137     23A-4-209, 41-22-34, and 73-18-24;
1138          (iii) money deposited under Subsection 59-12-103(14);
1139          (iv) contributions deposited in accordance with Section 41-1a-230.7; and
1140          (v) appropriations made to the program by the Legislature.
1141          (b) Money received from the revenue sources in Subsections (3)(a)(i), (ii), and (iv), and
1142     90% of the money described in Subsection (3)(a)(iii), shall be deposited into the General Fund
1143     as a dedicated credit to be used solely for the program.
1144          (c) Ten percent of the money described in Subsection (3)(a)(iii) shall be deposited into
1145     the General Fund as a dedicated credit to be used solely to promote the assistance card
1146     program.
1147          (d) Funding for the program is nonlapsing.
1148          (4) Subject to Subsections (3)(b) and (c), the director shall use the money described in
1149     this section to reimburse counties for all or a portion of each county's reimbursable base

1150     expenses for search and rescue operations, subject to:
1151          (a) the approval of the Search and Rescue Advisory Board as provided in Section
1152     53-2a-1104;
1153          (b) money available in the program; and
1154          (c) rules made under Subsection (7).
1155          (5) Money described in Subsection (3) may not be used to reimburse for any paid
1156     personnel costs or paid man hours spent in emergency response and search and rescue related
1157     activities.
1158          (6) The Legislature finds that these funds are for a general and statewide public
1159     purpose.
1160          (7) The division, with the approval of the Search and Rescue Advisory Board, shall
1161     make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
1162     consistent with this section:
1163          (a) specifying the costs that qualify as reimbursable base expenses;
1164          (b) defining the procedures of counties to submit expenses and be reimbursed;
1165          (c) defining a participant in the assistance card program, including:
1166          (i) individuals; and
1167          (ii) families and organized groups who qualify as participants;
1168          (d) defining the procedure for issuing a card to a participant;
1169          (e) defining excluded expenses that may not be reimbursed under the program,
1170     including medical expenses;
1171          (f) establishing the card renewal cycle for the Utah Search and Rescue Assistance Card
1172     Program;
1173          (g) establishing the frequency of review of the fee schedule;
1174          (h) providing for the administration of the program; and
1175          (i) providing a formula to govern the distribution of available money among the
1176     counties for uncompensated search and rescue expenses based on:
1177          (i) the total qualifying expenses submitted;

1178          (ii) the number of search and rescue incidents per county population;
1179          (iii) the number of victims that reside outside the county; and
1180          (iv) the number of volunteer hours spent in each county in emergency response and
1181     search and rescue related activities per county population.
1182          (8) (a) The division shall, in consultation with the Division of Outdoor Recreation,
1183     establish the fee schedule of the Utah Search and Rescue Assistance Card Program under
1184     Subsection 63J-1-504(7).
1185          (b) The division shall provide a discount of not less than 10% of the card fee under
1186     Subsection (8)(a) to a person who has paid a fee under Section [23-19-42] 23A-4-209,
1187     41-22-34, or 73-18-24 during the same calendar year in which the person applies to be a
1188     participant in the assistance card program.
1189          (9) Counties may not bill reimbursable base expenses to an individual for costs
1190     incurred for the rescue of an individual, if the individual is a current participant in the Utah
1191     Search and Rescue Assistance Card Program at the time of rescue, unless:
1192          (a) the rescuing county finds that the participant acted recklessly in creating a situation
1193     resulting in the need for the county to provide rescue services; or
1194          (b) the rescuing county finds that the participant intentionally created a situation
1195     resulting in the need for the county to provide rescue services.
1196          (10) (a) There is created the Utah Search and Rescue Assistance Card Program. The
1197     program is located within the division.
1198          (b) The program may not be used to cover any expenses, such as medically related
1199     expenses, that are not reimbursable base expenses related to the rescue.
1200          (11) (a) To participate in the program, a person shall purchase a search and rescue
1201     assistance card from the division by paying the fee as determined by the division in Subsection
1202     (8).
1203          (b) The money generated by the fees shall be deposited into the General Fund as a
1204     dedicated credit for the Search and Rescue Financial Assistance Program created in this
1205     section.

1206          (c) Participation and payment of fees by a person under Sections [23-19-42]
1207     23A-4-209, 41-22-34, and 73-18-24 do not constitute purchase of a card under this section.
1208          (12) The division shall consult with the Division of Outdoor Recreation regarding:
1209          (a) administration of the assistance card program; and
1210          (b) outreach and marketing strategies.
1211          (13) Pursuant to Subsection 31A-1-103(7), the Utah Search and Rescue Assistance
1212     Card Program under this section is exempt from being considered insurance as that term is
1213     defined in Section 31A-1-301.
1214          Section 23. Section 53-7-221 is amended to read:
1215          53-7-221. Exceptions from Utah Fireworks Act.
1216          (1) Sections 53-7-220 through 53-7-225 do not apply to class A, class B, and class C
1217     explosives that are not for use in Utah, but are manufactured, stored, warehoused, or in transit
1218     for destinations outside of Utah.
1219          (2) Sections 53-7-220 through 53-7-225 do not supersede Section [23-13-7]
1220     23A-2-208, regarding use of fireworks and explosives by the Division of Wildlife Resources
1221     and federal game agents.
1222          (3) Section 53-7-225 does not supersede Section 65A-8-212 regarding the authority of
1223     the state forester to close hazardous areas.
1224          Section 24. Section 53-13-103 is amended to read:
1225          53-13-103. Law enforcement officer.
1226          (1) (a) "Law enforcement officer" means a sworn and certified peace officer:
1227          (i) who is an employee of a law enforcement agency; and
1228          (ii) whose primary and principal duties consist of the prevention and detection of crime
1229     and the enforcement of criminal statutes or ordinances of this state or any of its political
1230     subdivisions.
1231          (b) "Law enforcement officer" includes the following:
1232          (i) a sheriff or deputy sheriff, chief of police, police officer, or marshal of any county,
1233     city, or town;

1234          (ii) the commissioner of public safety and any member of the Department of Public
1235     Safety certified as a peace officer;
1236          (iii) all persons specified in Sections [23-20-1.5] 23A-5-202 and 79-4-501;
1237          (iv) a police officer employed by a state institution of higher education;
1238          (v) investigators for the Motor Vehicle Enforcement Division;
1239          (vi) investigators for the Department of Insurance, Fraud Division;
1240          (vii) special agents or investigators employed by the attorney general, district attorneys,
1241     and county attorneys;
1242          (viii) employees of the Department of Natural Resources designated as peace officers
1243     by law;
1244          (ix) school district police officers as designated by the board of education for the
1245     school district;
1246          (x) the executive director of the Department of Corrections and any correctional
1247     enforcement or investigative officer designated by the executive director and approved by the
1248     commissioner of public safety and certified by the division;
1249          (xi) correctional enforcement, investigative, or adult probation and parole officers
1250     employed by the Department of Corrections serving on or before July 1, 1993;
1251          (xii) members of a law enforcement agency established by a private college or
1252     university if the agency is certified by the commissioner under Title 53, Chapter 19,
1253     Certification of Private Law Enforcement Agency;
1254          (xiii) airport police officers of any airport owned or operated by the state or any of its
1255     political subdivisions; and
1256          (xiv) transit police officers designated under Section 17B-2a-822.
1257          (2) Law enforcement officers may serve criminal process and arrest violators of any
1258     law of this state and have the right to require aid in executing their lawful duties.
1259          (3) (a) A law enforcement officer has statewide full-spectrum peace officer authority,
1260     but the authority extends to other counties, cities, or towns only when the officer is acting
1261     under Title 77, Chapter 9, Uniform Act on Fresh Pursuit, unless the law enforcement officer is

1262     employed by the state.
1263          (b) (i) A local law enforcement agency may limit the jurisdiction in which its law
1264     enforcement officers may exercise their peace officer authority to a certain geographic area.
1265          (ii) Notwithstanding Subsection (3)(b)(i), a law enforcement officer may exercise
1266     authority outside of the limited geographic area, pursuant to Title 77, Chapter 9, Uniform Act
1267     on Fresh Pursuit, if the officer is pursuing an offender for an offense that occurred within the
1268     limited geographic area.
1269          (c) The authority of law enforcement officers employed by the Department of
1270     Corrections is regulated by Title 64, Chapter 13, Department of Corrections - State Prison.
1271          (4) A law enforcement officer shall, prior to exercising peace officer authority:
1272          (a) (i) have satisfactorily completed the requirements of Section 53-6-205; or
1273          (ii) have met the waiver requirements in Section 53-6-206; and
1274          (b) have satisfactorily completed annual certified training of at least 40 hours per year
1275     as directed by the director of the division, with the advice and consent of the council.
1276          Section 25. Section 57-14-202 is amended to read:
1277          57-14-202. Use of private land without charge -- Effect.
1278          (1) Except as provided in Subsection 57-14-204(1), an owner of land who either
1279     directly or indirectly invites or permits without charge, or for a nominal fee of no more than $1
1280     per year, any person to use the owner's land for any recreational purpose, or an owner of a
1281     public access area open to public recreational access under Title 73, Chapter 29, Public Waters
1282     Access Act, does not:
1283          (a) make any representation or extend any assurance that the land is safe for any
1284     purpose;
1285          (b) confer upon the person the legal status of an invitee or licensee to whom a duty of
1286     care is owed;
1287          (c) assume responsibility for or incur liability for any injury to persons or property
1288     caused by an act or omission of the person or any other person who enters upon the land; or
1289          (d) owe any duty to curtail the owner's use of the land during its use for recreational

1290     purposes.
1291          (2) The limitations of liability provided in this part apply to the owner of land
1292     designated as a migratory bird production area under [Title 23, Chapter 28, Migratory Bird
1293     Production Area] Title 23A, Chapter 13, Migratory Bird Production Area, that is owned and
1294     operated for any purpose allowed under [Title 23, Chapter 28, Migratory Bird Production Area]
1295     Title 23A, Chapter 13, Migratory Bird Production Area, if:
1296          (a) the owner allows a guest of the owner or, if the owner has shareholders, members,
1297     or partners, a guest of a shareholder, member, or partner of the owner to engage in an activity
1298     with a recreational purpose on that land; and
1299          (b) the guest is not charged.
1300          Section 26. Section 57-14-204 is amended to read:
1301          57-14-204. Liability not limited where willful or malicious conduct involved or
1302     admission fee charged.
1303          (1) Nothing in this part limits any liability that otherwise exists for:
1304          (a) willful or malicious failure to guard or warn against a dangerous condition, use,
1305     structure, or activity;
1306          (b) deliberate, willful, or malicious injury to persons or property; or
1307          (c) an injury suffered where the owner of land charges a person to enter or go on the
1308     land or use the land for any recreational purpose.
1309          (2) For purposes of Subsection (1)(c), if the land is leased to the state or a subdivision
1310     of the state, any consideration received by the owner for the lease is not a charge within the
1311     meaning of this section.
1312          (3) Any person who hunts upon a cooperative wildlife management unit, as authorized
1313     by [Title 23, Chapter 23, Cooperative Wildlife Management Units] Title 23A, Chapter 7,
1314     Cooperative Wildlife Management Units, is not considered to have paid a fee within the
1315     meaning of this section.
1316          (4) Owners of a dam or reservoir who allow recreational use of the dam or reservoir
1317     and its surrounding area and do not themselves charge a fee for that use, are considered not to

1318     have charged for that use within the meaning of Subsection (1)(c), even if the user pays a fee to
1319     the Division of State Parks or the Division of Outdoor Recreation for the use of the services
1320     and facilities at that dam or reservoir.
1321          (5) The state or a subdivision of the state that owns property purchased for a railway
1322     corridor is considered not to have charged for use of the railway corridor within the meaning of
1323     Subsection (1)(c), even if the user pays a fee for travel on a privately owned rail car that crosses
1324     or travels over the railway corridor of the state or a subdivision of the state:
1325          (a) allows recreational use of the railway corridor and its surrounding area; and
1326          (b) does not charge a fee for that use.
1327          Section 27. Section 58-79-102 is amended to read:
1328          58-79-102. Definitions.
1329          In addition to the definitions in Section 58-1-102, as used in this chapter:
1330          (1) "Compensation" means anything of economic value in excess of $100 that is paid,
1331     loaned, granted, given, donated, or transferred to a hunting guide or outfitter for or in
1332     consideration of personal services, materials, or property.
1333          (2) "Hunting" means to locate, pursue, chase, catch, capture, trap, or kill wildlife.
1334          (3) "Hunting guide" means an individual who:
1335          (a) offers or provides hunting guide services on public lands for compensation; and
1336          (b) is retained for compensation by an outfitter.
1337          (4) "Hunting guide services" means to guide, lead, or assist an individual in hunting
1338     wildlife.
1339          (5) "Outfitter" means an individual who offers or provides outfitting or hunting guide
1340     services for compensation to another individual for hunting wildlife on public lands.
1341          (6) (a) "Outfitting services" means providing, for hunting wildlife on public lands:
1342          (i) transportation of people, equipment, supplies, or wildlife to or from a location;
1343          (ii) packing, protecting, or supervising services; or
1344          (iii) hunting guide services.
1345          (b) "Outfitting services" does not include activities undertaken by the Division of

1346     Wildlife Resources or its employees, associates, volunteers, contractors, or agents under
1347     authority granted in [Title 23, Wildlife Resources Code of Utah] Title 23A, Wildlife Resources
1348     Act.
1349          (7) (a) "Public lands" means any lands owned by the United States, the state, or a
1350     political subdivision or independent entity of the state that are open to the public for purposes
1351     of engaging in a wildlife related activity.
1352          (b) "Public lands" does not include lands owned by the United States, the state, or a
1353     political subdivision or independent entity of the state that are included in a cooperative
1354     wildlife management unit under Subsection [23-23-7(5)] 23A-7-204(5) so long as the guiding
1355     and outfitting services furnished by the cooperative wildlife management unit are limited to
1356     hunting species of wildlife specifically authorized by the Division of Wildlife Resources in the
1357     unit's management plan.
1358          (8) "Wildlife" means cougar, bear, and big game animals as defined in Subsection
1359     [23-13-2(6)] 23A-1-101(6).
1360          Section 28. Section 59-2-301.5 is amended to read:
1361          59-2-301.5. Definitions -- Assessment of property if threatened or endangered
1362     species is present.
1363          (1) As used in this section:
1364          (a) "Endangered" is as defined in Section [23-13-2] 23A-1-101.
1365          (b) "Threatened" is as defined in Section [23-13-2] 23A-1-101.
1366          (2) In assessing the fair market value of property, a county assessor shall consider as
1367     part of the determination of fair market value whether a threatened or endangered species is
1368     present on any portion of the property, including any impacts the presence of the threatened or
1369     endangered species has on:
1370          (a) the functionality of the property;
1371          (b) the ability to use the property; and
1372          (c) property rights.
1373          (3) This section does not prohibit a county assessor from including as part of a

1374     determination of the fair market value of property any other factor affecting the fair market
1375     value of the property.
1376          Section 29. Section 63A-16-803 is amended to read:
1377          63A-16-803. Single sign-on citizen portal -- Creation.
1378          (1) The division shall, in consultation with the entities described in Subsection (4),
1379     design and create a single sign-on citizen portal that is:
1380          (a) a web portal through which an individual may access information and services
1381     described in Subsection (2), as agreed upon by the entities described in Subsection (4); and
1382          (b) secure, centralized, and interconnected.
1383          (2) The division shall ensure that the single sign-on citizen portal allows an individual,
1384     at a single point of entry, to:
1385          (a) access and submit an application for:
1386          (i) medical and support programs including:
1387          (A) a medical assistance program administered under Title 26, Chapter 18, Medical
1388     Assistance Act, including Medicaid;
1389          (B) the Children's Health Insurance Program under Title 26, Chapter 40, Utah
1390     Children's Health Insurance Act;
1391          (C) the Primary Care Network as defined in Section 26-18-416; and
1392          (D) the Women, Infants, and Children program administered under 42 U.S.C. Sec.
1393     1786;
1394          (ii) unemployment insurance under Title 35A, Chapter 4, Employment Security Act;
1395          (iii) workers' compensation under Title 34A, Chapter 2, Workers' Compensation Act;
1396          (iv) employment with a state agency;
1397          (v) a driver license or state identification card renewal under Title 53, Chapter 3,
1398     Uniform Driver License Act;
1399          (vi) a birth or death certificate under Title 26, Chapter 2, Utah Vital Statistics Act; and
1400          (vii) a hunting or fishing license under [Title 23, Chapter 19, Licenses, Permits, and
1401     Tags] Title 23A, Chapter 4, Licenses, Permits, Certificates of Registration, and Tags;

1402          (b) access the individual's:
1403          (i) transcripts from an institution of higher education described in Section 53B-2-101;
1404     and
1405          (ii) immunization records maintained by the Utah Department of Health;
1406          (c) register the individual's vehicle under Title 41, Chapter 1a, Part 2, Registration,
1407     with the Motor Vehicle Division of the State Tax Commission;
1408          (d) file the individual's state income taxes under Title 59, Chapter 10, Individual
1409     Income Tax Act, beginning December 1, 2020;
1410          (e) access information about positions available for employment with the state; and
1411          (f) access any other service or information the department determines is appropriate in
1412     consultation with the entities described in Subsection (4).
1413          (3) The division shall develop the single sign-on citizen portal using an open platform
1414     that:
1415          (a) facilitates participation in the portal by a state entity;
1416          (b) allows for optional participation in the portal by a political subdivision of the state;
1417     and
1418          (c) contains a link to the State Tax Commission website.
1419          (4) In developing the single sign-on citizen portal, the department shall consult with:
1420          (a) each state executive branch agency that administers a program, provides a service,
1421     or manages applicable information described in Subsection (2);
1422          (b) the Utah League of Cities and Towns;
1423          (c) the Utah Association of Counties; and
1424          (d) other appropriate state executive branch agencies.
1425          (5) The division shall ensure that the single sign-on citizen portal is fully operational
1426     no later than January 1, 2025.
1427          Section 30. Section 63A-17-512 is amended to read:
1428          63A-17-512. Leave of absence with pay for employees with a disability who are
1429     covered under other civil service systems.

1430          (1) As used in this section:
1431          (a) "Eligible officer" means a person who qualifies for a benefit under this section.
1432          (b) (i) "Law enforcement officer" means a sworn and certified peace officer who is an
1433     employee of a law enforcement agency that is part of or administered by the state, and whose
1434     primary and principal duties consist of the prevention and detection of crime and the
1435     enforcement of criminal statutes of this state.
1436          (ii) "Law enforcement officer" specifically includes the following:
1437          (A) the commissioner of public safety and any member of the Department of Public
1438     Safety certified as a peace officer;
1439          (B) all persons specified in Sections [23-20-1.5] 23A-5-202 and 79-4-501;
1440          (C) investigators for the Motor Vehicle Enforcement Division;
1441          (D) special agents or investigators employed by the attorney general;
1442          (E) employees of the Department of Natural Resources designated as peace officers by
1443     law;
1444          (F) the executive director of the Department of Corrections and any correctional
1445     enforcement or investigative officer designated by the executive director and approved by the
1446     commissioner of public safety and certified by the division; and
1447          (G) correctional enforcement, investigative, or adult probation and parole officers
1448     employed by the Department of Corrections serving on or before July 1, 1993.
1449          (c) "State correctional officer" means a correctional officer as defined in Section
1450     53-13-104 who is employed by the Department of Corrections.
1451          (2) (a) A law enforcement officer or state correctional officer who is injured in the
1452     course of employment shall be given a leave of absence with 100% of the officer's regular
1453     monthly salary and benefits during the period the employee has a temporary disability.
1454          (b) The benefit provided under Subsection (2)(a):
1455          (i) shall be offset as provided under Subsection (4); and
1456          (ii) may not exceed 100% of the officer's regular monthly salary and benefits, including
1457     all offsets required under Subsection (4).

1458          (3) (a) A law enforcement officer or state correctional officer who has a total disability
1459     as defined in Section 49-21-102, shall be given a leave of absence with 100% of the officer's
1460     regular monthly salary and benefits until the officer is eligible for an unreduced retirement
1461     under Title 49, Utah State Retirement and Insurance Benefit Act, or reaches the retirement age
1462     of 62 years, whichever occurs first, if:
1463          (i) the disability is a result of an injury sustained while in the lawful discharge of the
1464     officer's duties; and
1465          (ii) the injury is the result of:
1466          (A) a criminal act upon the officer; or
1467          (B) an aircraft, vehicle, or vessel accident and the officer was not negligent in causing
1468     the accident.
1469          (b) The benefit provided under Subsection (3)(a):
1470          (i) shall be offset as provided under Subsection (4); and
1471          (ii) may not exceed 100% of the officer's regular monthly salary and benefits, including
1472     all offsets required under Subsection (4).
1473          (4) (a) The agency shall reduce or require the reimbursement of the monthly benefit
1474     provided under this section by any amount received by, or payable to, the eligible officer for
1475     the same period of time during which the eligible officer is entitled to receive a monthly
1476     disability benefit under this section.
1477          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1478     division shall make rules establishing policies and procedures for the reductions required under
1479     Subsection (4)(a).
1480          Section 31. Section 63G-7-201 is amended to read:
1481          63G-7-201. Immunity of governmental entities and employees from suit.
1482          (1) Except as otherwise provided in this chapter, each governmental entity and each
1483     employee of a governmental entity are immune from suit for any injury that results from the
1484     exercise of a governmental function.
1485          (2) Notwithstanding the waiver of immunity provisions of Section 63G-7-301, a

1486     governmental entity, its officers, and its employees are immune from suit:
1487          (a) as provided in Section 78B-4-517; and
1488          (b) for any injury or damage resulting from the implementation of or the failure to
1489     implement measures to:
1490          (i) control the causes of epidemic and communicable diseases and other conditions
1491     significantly affecting the public health or necessary to protect the public health as set out in
1492     Title 26A, Chapter 1, Local Health Departments;
1493          (ii) investigate and control suspected bioterrorism and disease as set out in Title 26,
1494     Chapter 23b, Detection of Public Health Emergencies Act;
1495          (iii) respond to a national, state, or local emergency, a public health emergency as
1496     defined in Section 26-23b-102, or a declaration by the President of the United States or other
1497     federal official requesting public health related activities, including the use, provision,
1498     operation, and management of:
1499          (A) an emergency shelter;
1500          (B) housing;
1501          (C) a staging place; or
1502          (D) a medical facility; and
1503          (iv) adopt methods or measures, in accordance with Section 26-1-30, for health care
1504     providers, public health entities, and health care insurers to coordinate among themselves to
1505     verify the identity of the individuals they serve.
1506          (3) A governmental entity, its officers, and its employees are immune from suit, and
1507     immunity is not waived, for any injury if the injury arises out of or in connection with, or
1508     results from:
1509          (a) a latent dangerous or latent defective condition of:
1510          (i) any highway, road, street, alley, crosswalk, sidewalk, culvert, tunnel, bridge, or
1511     viaduct; or
1512          (ii) another structure located on any of the items listed in Subsection (3)(a)(i); or
1513          (b) a latent dangerous or latent defective condition of any public building, structure,

1514     dam, reservoir, or other public improvement.
1515          (4) A governmental entity, its officers, and its employees are immune from suit, and
1516     immunity is not waived, for any injury proximately caused by a negligent act or omission of an
1517     employee committed within the scope of employment, if the injury arises out of or in
1518     connection with, or results from:
1519          (a) the exercise or performance, or the failure to exercise or perform, a discretionary
1520     function, whether or not the discretion is abused;
1521          (b) except as provided in Subsections 63G-7-301(2)(j), (3), and (4), assault, battery,
1522     false imprisonment, false arrest, malicious prosecution, intentional trespass, abuse of process,
1523     libel, slander, deceit, interference with contract rights, infliction of mental anguish, or violation
1524     of civil rights;
1525          (c) the issuance, denial, suspension, or revocation of, or the failure or refusal to issue,
1526     deny, suspend, or revoke, any permit, license, certificate, approval, order, or similar
1527     authorization;
1528          (d) a failure to make an inspection or making an inadequate or negligent inspection;
1529          (e) the institution or prosecution of any judicial or administrative proceeding, even if
1530     malicious or without probable cause;
1531          (f) a misrepresentation by an employee whether or not the misrepresentation is
1532     negligent or intentional;
1533          (g) a riot, unlawful assembly, public demonstration, mob violence, or civil disturbance;
1534          (h) the collection or assessment of taxes;
1535          (i) an activity of the Utah National Guard;
1536          (j) the incarceration of a person in a state prison, county or city jail, or other place of
1537     legal confinement;
1538          (k) a natural condition on publicly owned or controlled land;
1539          (l) a condition existing in connection with an abandoned mine or mining operation;
1540          (m) an activity authorized by the School and Institutional Trust Lands Administration
1541     or the Division of Forestry, Fire, and State Lands;

1542          (n) the operation or existence of a pedestrian or equestrian trail that is along a ditch,
1543     canal, stream, or river, regardless of ownership or operation of the ditch, canal, stream, or river,
1544     if:
1545          (i) the trail is designated under a general plan adopted by a municipality under Section
1546     10-9a-401 or by a county under Section 17-27a-401;
1547          (ii) the trail right-of-way or the right-of-way where the trail is located is open to public
1548     use as evidenced by a written agreement between:
1549          (A) the owner or operator of the trail right-of-way or of the right-of-way where the trail
1550     is located; and
1551          (B) the municipality or county where the trail is located; and
1552          (iii) the written agreement:
1553          (A) contains a plan for operation and maintenance of the trail; and
1554          (B) provides that an owner or operator of the trail right-of-way or of the right-of-way
1555     where the trail is located has, at a minimum, the same level of immunity from suit as the
1556     governmental entity in connection with or resulting from the use of the trail;
1557          (o) research or implementation of cloud management or seeding for the clearing of fog;
1558          (p) the management of flood waters, earthquakes, or natural disasters;
1559          (q) the construction, repair, or operation of flood or storm systems;
1560          (r) the operation of an emergency vehicle, while being driven in accordance with the
1561     requirements of Section 41-6a-212;
1562          (s) the activity of:
1563          (i) providing emergency medical assistance;
1564          (ii) fighting fire;
1565          (iii) regulating, mitigating, or handling hazardous materials or hazardous wastes;
1566          (iv) an emergency evacuation;
1567          (v) transporting or removing an injured person to a place where emergency medical
1568     assistance can be rendered or where the person can be transported by a licensed ambulance
1569     service; or

1570          (vi) intervening during a dam emergency;
1571          (t) the exercise or performance, or the failure to exercise or perform, any function
1572     pursuant to Title 73, Chapter 10, Board of Water Resources - Division of Water Resources;
1573          (u) an unauthorized access to government records, data, or electronic information
1574     systems by any person or entity;
1575          (v) an activity of wildlife, as defined in Section [23-13-2] 23A-1-101, that arises during
1576     the use of a public or private road; or
1577          (w) a communication between employees of one or more law enforcement agencies
1578     related to the employment, disciplinary history, character, professional competence, or physical
1579     or mental health of a peace officer, or a former, current, or prospective employee of a law
1580     enforcement agency, including any communication made in accordance with Section
1581     53-14-101.
1582          Section 32. Section 63G-21-201 is amended to read:
1583          63G-21-201. Limited authorization to provide state services at post office
1584     locations.
1585          (1) If allowed by federal law, a designated agency may negotiate and enter into an
1586     agreement with USPS that allows USPS to provide one or more state services at one or more
1587     post office locations within the state.
1588          (2) The designated agency shall ensure that the agreement described in Subsection (1)
1589     includes:
1590          (a) the term of the agreement, which may not extend beyond July 1, 2028;
1591          (b) provisions to ensure the security of state data and resources;
1592          (c) provisions to provide training to USPS employees on how to provide each state
1593     service in the agreement;
1594          (d) except as provided in Subsection (2)(e), provisions authorizing compensation to
1595     USPS for at least 100% of attributable costs of all property and services that USPS provides
1596     under the agreement; and
1597          (e) if the agreement is between USPS and the Division of Wildlife Resources to sell

1598     fishing, hunting, or trapping licenses, provisions requiring compliance with [Section 23-19-15]
1599     Sections 23A-4-501 and 23A-4-502 regarding wildlife license agents, including remuneration
1600     for services rendered.
1601          (3) After one or more designated agencies enter into an agreement described in
1602     Subsection (1), the Governor's Office of Economic Opportunity shall create a marketing
1603     campaign to advertise and promote the availability of state services at each selected USPS
1604     location.
1605          Section 33. Section 63I-1-223 is amended to read:
1606          63I-1-223. Repeal dates: Title 23A.
1607          (1) Section [23-14-2.5] 23A-2-302, which creates the Wildlife Board Nominating
1608     Committee, is repealed July 1, 2023.
1609          (2) Section [23-14-2.6] 23A-2-303, which creates regional advisory councils for the
1610     Wildlife Board, is repealed July 1, 2023.
1611          Section 34. Section 63I-2-223 is amended to read:
1612          63I-2-223. Repeal dates: Title 23A.

1613          Section 35. Section 63J-1-602.1 is amended to read:
1614          63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
1615          Appropriations made from the following accounts or funds are nonlapsing:
1616          (1) The Utah Intracurricular Student Organization Support for Agricultural Education
1617     and Leadership Restricted Account created in Section 4-42-102.
1618          (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
1619          (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
1620     Section 9-18-102.
1621          (4) The National Professional Men's Soccer Team Support of Building Communities
1622     Restricted Account created in Section 9-19-102.
1623          (5) Funds collected for directing and administering the C-PACE district created in
1624     Section 11-42a-106.

1625          (6) Money received by the Utah Inland Port Authority, as provided in Section
1626     11-58-105.
1627          (7) The "Latino Community Support Restricted Account" created in Section 13-1-16.
1628          (8) The Clean Air Support Restricted Account created in Section 19-1-109.
1629          (9) The Division of Air Quality Oil, Gas, and Mining Restricted Account created in
1630     Section 19-2a-106.
1631          (10) The Division of Water Quality Oil, Gas, and Mining Restricted Account created in
1632     Section 19-5-126.
1633          (11) The "Support for State-Owned Shooting Ranges Restricted Account" created in
1634     Section [23-14-13.5] 23A-3-203.
1635          (12) Award money under the State Asset Forfeiture Grant Program, as provided under
1636     Section 24-4-117.
1637          (13) Funds collected from the program fund for local health department expenses
1638     incurred in responding to a local health emergency under Section 26-1-38.
1639          (14) The Children with Cancer Support Restricted Account created in Section
1640     26-21a-304.
1641          (15) State funds for matching federal funds in the Children's Health Insurance Program
1642     as provided in Section 26-40-108.
1643          (16) The Children with Heart Disease Support Restricted Account created in Section
1644     26-58-102.
1645          (17) The Technology Development Restricted Account created in Section 31A-3-104.
1646          (18) The Criminal Background Check Restricted Account created in Section
1647     31A-3-105.
1648          (19) The Captive Insurance Restricted Account created in Section 31A-3-304, except
1649     to the extent that Section 31A-3-304 makes the money received under that section free revenue.
1650          (20) The Title Licensee Enforcement Restricted Account created in Section
1651     31A-23a-415.
1652          (21) The Health Insurance Actuarial Review Restricted Account created in Section

1653     31A-30-115.
1654          (22) The Insurance Fraud Investigation Restricted Account created in Section
1655     31A-31-108.
1656          (23) The Underage Drinking Prevention Media and Education Campaign Restricted
1657     Account created in Section 32B-2-306.
1658          (24) The Drinking While Pregnant Prevention Media and Education Campaign
1659     Restricted Account created in Section 32B-2-308.
1660          (25) The School Readiness Restricted Account created in Section 35A-15-203.
1661          (26) Money received by the Utah State Office of Rehabilitation for the sale of certain
1662     products or services, as provided in Section 35A-13-202.
1663          (27) The Oil and Gas Administrative Penalties Account created in Section 40-6-11.
1664          (28) The Oil and Gas Conservation Account created in Section 40-6-14.5.
1665          (29) The Division of Oil, Gas, and Mining Restricted account created in Section
1666     40-6-23.
1667          (30) The Electronic Payment Fee Restricted Account created by Section 41-1a-121 to
1668     the Motor Vehicle Division.
1669          (31) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
1670     created by Section 41-3-110 to the State Tax Commission.
1671          (32) The Utah Law Enforcement Memorial Support Restricted Account created in
1672     Section 53-1-120.
1673          (33) The State Disaster Recovery Restricted Account to the Division of Emergency
1674     Management, as provided in Section 53-2a-603.
1675          (34) The Post Disaster Recovery and Mitigation Restricted Account created in Section
1676     53-2a-1302.
1677          (35) The Department of Public Safety Restricted Account to the Department of Public
1678     Safety, as provided in Section 53-3-106.
1679          (36) The Utah Highway Patrol Aero Bureau Restricted Account created in Section
1680     53-8-303.

1681          (37) The DNA Specimen Restricted Account created in Section 53-10-407.
1682          (38) The Canine Body Armor Restricted Account created in Section 53-16-201.
1683          (39) The Technical Colleges Capital Projects Fund created in Section 53B-2a-118.
1684          (40) The Higher Education Capital Projects Fund created in Section 53B-22-202.
1685          (41) A certain portion of money collected for administrative costs under the School
1686     Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
1687          (42) The Public Utility Regulatory Restricted Account created in Section 54-5-1.5,
1688     subject to Subsection 54-5-1.5(4)(d).
1689          (43) Funds collected from a surcharge fee to provide certain licensees with access to an
1690     electronic reference library, as provided in Section 58-3a-105.
1691          (44) Certain fines collected by the Division of Professional Licensing for violation of
1692     unlawful or unprofessional conduct that are used for education and enforcement purposes, as
1693     provided in Section 58-17b-505.
1694          (45) Funds collected from a surcharge fee to provide certain licensees with access to an
1695     electronic reference library, as provided in Section 58-22-104.
1696          (46) Funds collected from a surcharge fee to provide certain licensees with access to an
1697     electronic reference library, as provided in Section 58-55-106.
1698          (47) Funds collected from a surcharge fee to provide certain licensees with access to an
1699     electronic reference library, as provided in Section 58-56-3.5.
1700          (48) Certain fines collected by the Division of Professional Licensing for use in
1701     education and enforcement of the Security Personnel Licensing Act, as provided in Section
1702     58-63-103.
1703          (49) The Relative Value Study Restricted Account created in Section 59-9-105.
1704          (50) The Cigarette Tax Restricted Account created in Section 59-14-204.
1705          (51) Funds paid to the Division of Real Estate for the cost of a criminal background
1706     check for a mortgage loan license, as provided in Section 61-2c-202.
1707          (52) Funds paid to the Division of Real Estate for the cost of a criminal background
1708     check for principal broker, associate broker, and sales agent licenses, as provided in Section

1709     61-2f-204.
1710          (53) Certain funds donated to the Department of Health and Human Services, as
1711     provided in Section 26B-1-202.
1712          (54) The National Professional Men's Basketball Team Support of Women and
1713     Children Issues Restricted Account created in Section 26B-1-302.
1714          (55) Certain funds donated to the Division of Child and Family Services, as provided
1715     in Section 80-2-404.
1716          (56) The Choose Life Adoption Support Restricted Account created in Section
1717     80-2-502.
1718          (57) Funds collected by the Office of Administrative Rules for publishing, as provided
1719     in Section 63G-3-402.
1720          (58) The Immigration Act Restricted Account created in Section 63G-12-103.
1721          (59) Money received by the military installation development authority, as provided in
1722     Section 63H-1-504.
1723          (60) The Computer Aided Dispatch Restricted Account created in Section 63H-7a-303.
1724          (61) The Unified Statewide 911 Emergency Service Account created in Section
1725     63H-7a-304.
1726          (62) The Utah Statewide Radio System Restricted Account created in Section
1727     63H-7a-403.
1728          (63) The Utah Capital Investment Restricted Account created in Section 63N-6-204.
1729          (64) The Motion Picture Incentive Account created in Section 63N-8-103.
1730          (65) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission,
1731     as provided under Section 63N-10-301.
1732          (66) Funds collected by the housing of state probationary inmates or state parole
1733     inmates, as provided in Subsection 64-13e-104(2).
1734          (67) Certain forestry and fire control funds utilized by the Division of Forestry, Fire,
1735     and State Lands, as provided in Section 65A-8-103.
1736          (68) The Amusement Ride Safety Restricted Account, as provided in Section

1737     72-16-204.
1738          (69) Certain funds received by the Office of the State Engineer for well drilling fines or
1739     bonds, as provided in Section 73-3-25.
1740          (70) The Water Resources Conservation and Development Fund, as provided in
1741     Section 73-23-2.
1742          (71) Funds donated or paid to a juvenile court by private sources, as provided in
1743     Subsection 78A-6-203(1)(c).
1744          (72) Fees for certificate of admission created under Section 78A-9-102.
1745          (73) Funds collected for adoption document access as provided in Sections 78B-6-141,
1746     78B-6-144, and 78B-6-144.5.
1747          (74) Funds collected for indigent defense as provided in Title 78B, Chapter 22, Part 4,
1748     Utah Indigent Defense Commission.
1749          (75) The Utah Geological Survey Oil, Gas, and Mining Restricted Account created in
1750     Section 79-3-403.
1751          (76) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
1752     Park, and Green River State Park, as provided under Section 79-4-403.
1753          (77) Funds donated as described in Section 41-1a-422 for the State Park Fees
1754     Restricted Account created in Section 79-4-402 for support of the Division of State Parks' dark
1755     sky initiative.
1756          (78) Certain funds received by the Division of State Parks from the sale or disposal of
1757     buffalo, as provided under Section 79-4-1001.
1758          Section 36. Section 63J-1-602.2 is amended to read:
1759          63J-1-602.2. List of nonlapsing appropriations to programs.
1760          Appropriations made to the following programs are nonlapsing:
1761          (1) The Legislature and the Legislature's committees.
1762          (2) The State Board of Education, including all appropriations to agencies, line items,
1763     and programs under the jurisdiction of the State Board of Education, in accordance with
1764     Section 53F-9-103.

1765          (3) The Percent-for-Art Program created in Section 9-6-404.
1766          (4) The LeRay McAllister Critical Land Conservation Program created in Section
1767     4-46- 301.
1768          (5) The Utah Lake Authority created in Section 11-65-201.
1769          (6) Dedicated credits accrued to the Utah Marriage Commission as provided under
1770     Subsection 17-16-21(2)(d)(ii).
1771          [(7) The Division of Wildlife Resources for the appraisal and purchase of lands under
1772     the Pelican Management Act, as provided in Section 23-21a-6.]
1773          [(8)] (7) The Emergency Medical Services Grant Program in Section 26-8a-207.
1774          [(9)] (8) The primary care grant program created in Section 26-10b-102.
1775          [(10)] (9) Sanctions collected as dedicated credits from Medicaid providers under
1776     Subsection 26-18-3(7).
1777          [(11)] (10) The Utah Health Care Workforce Financial Assistance Program created in
1778     Section 26-46-102.
1779          [(12)] (11) The Rural Physician Loan Repayment Program created in Section
1780     26-46a-103.
1781          [(13)] (12) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
1782          [(14)] (13) The Utah Medical Education Council for the:
1783          (a) administration of the Utah Medical Education Program created in Section
1784     26-69-403;
1785          (b) provision of medical residency grants described in Section 26-69-407; and
1786          (c) provision of the forensic psychiatric fellowship grant described in Section
1787     26-69-408.
1788          [(15)] (14) Funds that the Department of Alcoholic Beverage Services retains in
1789     accordance with Subsection 32B-2-301(8)(a) or (b).
1790          [(16)] (15) The General Assistance program administered by the Department of
1791     Workforce Services, as provided in Section 35A-3-401.
1792          [(17)] (16) The Utah National Guard, created in Title 39, Militia and Armories.

1793          [(18)] (17) The State Tax Commission under Section 41-1a-1201 for the:
1794          (a) purchase and distribution of license plates and decals; and
1795          (b) administration and enforcement of motor vehicle registration requirements.
1796          [(19)] (18) The Search and Rescue Financial Assistance Program, as provided in
1797     Section 53-2a-1102.
1798          [(20)] (19) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
1799          [(21)] (20) The Utah Board of Higher Education for teacher preparation programs, as
1800     provided in Section 53B-6-104.
1801          [(22)] (21) Innovation grants under Section 53G-10-608, except as provided in
1802     Subsection 53G-10-608(6).
1803          [(23)] (22) The Division of Services for People with Disabilities, as provided in
1804     Section 62A-5-102.
1805          [(24)] (23) The Division of Fleet Operations for the purpose of upgrading underground
1806     storage tanks under Section 63A-9-401.
1807          [(25)] (24) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
1808          [(26)] (25) The Division of Technology Services for technology innovation as provided
1809     under Section 63A-16-903.
1810          [(27)] (26) The Office of Administrative Rules for publishing, as provided in Section
1811     63G-3-402.
1812          [(28)] (27) The Colorado River Authority of Utah, created in Title 63M, Chapter 14,
1813     Colorado River Authority of Utah Act.
1814          [(29)] (28) The Governor's Office of Economic Opportunity to fund the Enterprise
1815     Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
1816          [(30)] (29) The Governor's Office of Economic Opportunity's Rural Employment
1817     Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment
1818     Expansion Program.
1819          [(31)] (30) Programs for the Jordan River Recreation Area as described in Section
1820     65A-2-8.

1821          [(32)] (31) The Division of Human Resource Management user training program, as
1822     provided in Section 63A-17-106.
1823          [(33)] (32) A public safety answering point's emergency telecommunications service
1824     fund, as provided in Section 69-2-301.
1825          [(34)] (33) The Traffic Noise Abatement Program created in Section 72-6-112.
1826          [(35)] (34) The money appropriated from the Navajo Water Rights Negotiation
1827     Account to the Division of Water Rights, created in Section 73-2-1.1, for purposes of
1828     participating in a settlement of federal reserved water right claims.
1829          [(36)] (35) The Judicial Council for compensation for special prosecutors, as provided
1830     in Section 77-10a-19.
1831          [(37)] (36) A state rehabilitative employment program, as provided in Section
1832     78A-6-210.
1833          [(38)] (37) The Utah Geological Survey, as provided in Section 79-3-401.
1834          [(39)] (38) The Bonneville Shoreline Trail Program created under Section 79-5-503.
1835          [(40)] (39) Adoption document access as provided in Sections 78B-6-141, 78B-6-144,
1836     and 78B-6-144.5.
1837          [(41)] (40) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
1838     Defense Commission.
1839          [(42)] (41) The program established by the Division of Facilities Construction and
1840     Management under Section 63A-5b-703 under which state agencies receive an appropriation
1841     and pay lease payments for the use and occupancy of buildings owned by the Division of
1842     Facilities Construction and Management.
1843          [(43)] (42) The State Tax Commission for reimbursing counties for deferred property
1844     taxes in accordance with Section 59-2-1802.
1845          Section 37. Section 63L-7-106 is amended to read:
1846          63L-7-106. Use of protected wilderness areas.
1847          (1) Except as otherwise provided in this chapter, each agency administering any area
1848     designated as a protected wilderness area shall be responsible for preserving the wilderness

1849     character of the area and shall administer such area for the purposes for which it may have been
1850     established to preserve its wilderness character.
1851          (2) Except as specifically provided in this chapter, and subject to valid existing rights,
1852     there shall be:
1853          (a) no commercial enterprise and no permanent road within any protected wilderness
1854     area designated by this chapter; and
1855          (b) no temporary road, no use of motor vehicles, motorized equipment or motorboats,
1856     no landing of aircraft, no other form of mechanical transport, and no structure or installation
1857     with any such area except as necessary to meet minimum requirements for the administration
1858     of the area for the purpose of this chapter, including measures required in emergencies
1859     involving the health and safety of persons within the area.
1860          (3) Except as otherwise provided in this chapter, a protected wilderness area shall be
1861     devoted to the public purposes of:
1862          (a) recreation, including hunting, trapping, and fishing;
1863          (b) conservation; and
1864          (c) scenic, scientific, educational, and historical use.
1865          (4) Commercial services may be performed within a protected wilderness area to the
1866     extent necessary to support the activities described in Subsection (3).
1867          (5) Within an area designated as a protected wilderness area by this chapter:
1868          (a) subject to the rules established by DNR, the use of a motor vehicle, aircraft, or
1869     motorboat is authorized where:
1870          (i) the use of a motor vehicle, aircraft, or motorboat is already established;
1871          (ii) the motor vehicle, aircraft, or motorboat is used by the Division of Wildlife
1872     Resources in furtherance of its wildlife management responsibilities, as described in [Title 23,
1873     Wildlife Resources Code of Utah] Title 23A, Wildlife Resources Act; or
1874          (iii) the use of a motor vehicle, aircraft, or motorboat is necessary for emergency
1875     services or law enforcement purposes; and
1876          (b) measures may be taken, under the direction of the director of the Division of

1877     Forestry, Fire, and State Lands, as necessary to manage fire, insects, habitat, and diseases.
1878          (6) Nothing in this chapter shall prevent, within a designated protected wilderness area,
1879     any activity, including prospecting, if the activity is conducted in a manner compatible with the
1880     preservation of the wilderness environment, subject to such conditions as the executive director
1881     of DNR considers desirable.
1882          (7) The executive director of DNR shall develop and conduct surveys of wilderness
1883     areas:
1884          (a) on a planned, recurring basis;
1885          (b) in a manner consistent with wildlife management and preservation principles;
1886          (c) in order to determine the mineral values, if any, that may be present in wilderness
1887     areas; and
1888          (d) make a completed survey available to the public, the governor, and the Legislature.
1889          (8) Notwithstanding any other provision of this chapter, until midnight December 31,
1890     2034:
1891          (a) state laws pertaining to mining and mineral leasing shall, to the extent applicable
1892     before May 13, 2014, extend to wilderness areas designated under this chapter, subject to
1893     reasonable regulation governing ingress and egress as may be prescribed by the executive
1894     director of DNR, consistent with the use of the land for:
1895          (i) mineral location and development;
1896          (ii) exploration, drilling, and production; and
1897          (iii) use of land for transmission lines, waterlines, telephone lines, or facilities
1898     necessary in exploring, drilling, producing, mining, and processing operations, including the
1899     use of mechanized ground or air equipment when necessary, if restoration of the disturbed land
1900     is practicable and performed as soon as the land has served its purpose; and
1901          (b) mining locations lying within the boundaries of a protected wilderness area that
1902     existed as of the date of acquisition shall be held and used solely for mining or processing
1903     operations, and uses that are reasonably related to an underlying mining or processing
1904     operation.

1905          (9) Any newly issued mineral lease, permit, or license for land within a wilderness area
1906     shall contain stipulations, as may be determined by the executive director of DNR in
1907     consultation with the director of the Division of Oil, Gas, and Mining, for the protection of the
1908     wilderness character of the land, consistent with the use of the land for the purpose for which it
1909     is leased, permitted, or licensed.
1910          (10) Subject to valid rights then existing, effective January 1, 2015, the minerals in all
1911     lands designated by this chapter as wilderness areas are withdrawn from disposition under all
1912     laws pertaining to mineral leasing.
1913          (11) Mineral leases shall not be permitted within protected wilderness areas.
1914          (12) The governor may, within protected wilderness areas, authorize:
1915          (a) prospecting for water resources;
1916          (b) the establishment and maintenance of reservoirs, water-conservation works, power
1917     projects, transmission lines, and other facilities needed in developing water resources,
1918     including road construction and essential maintenance; and
1919          (c) subject to Subsection (13), the grazing of livestock, if the practice of grazing
1920     livestock was established as of the effective date of this chapter.
1921          (13) The commissioner of the Department of Agriculture and Food may make
1922     regulations as necessary to govern the grazing of livestock on a protected wilderness area.
1923          Section 38. Section 63L-8-303 is amended to read:
1924          63L-8-303. Management of use, occupancy, and development of public land.
1925          (1) As used in this section, "casual" means activity that:
1926          (a) occurs irregularly; and
1927          (b) is non-commercial.
1928          (2) (a) Except as provided in Subsection (2)(b), the director shall manage the public
1929     land under principles of multiple use and sustained yield, in accordance with land use plans
1930     developed by the DLM.
1931          (b) Where a tract of public land has been dedicated to a specific use according to a
1932     provision of law, legal encumbrance, or contractual obligation, it shall be managed in

1933     accordance with those provisions.
1934          (3) (a) The director shall, subject to Subsection (3)(b) and other applicable law,
1935     authorize use of the public land through land use authorizations.
1936          (b) The director may permit state departments, agencies, and local governments to use,
1937     occupy, and develop public land through rights-of-way or other cooperative agreements.
1938          (c) The director may authorize use of the land through specific programs, such as:
1939          (i) the collection of firewood, nuts, or the casual gathering of other organic products;
1940          (ii) camping or other casual use;
1941          (iii) rockhounding, building stone, or the gathering of other rock products; or
1942          (iv) other casual uses.
1943          (d) The programs described in Subsection (3)(c) may require the issuance of a permit
1944     and collection of a reasonable fee, if necessary.
1945          (e) Nothing in this chapter shall be construed as:
1946          (i) authorizing the director to:
1947          (A) require permits to hunt and fish on public land and adjacent water beyond those
1948     approved by the Wildlife Board pursuant to [Title 23, Wildlife Resources Code of Utah] Title
1949     23A, Wildlife Resources Act; or
1950          (B) to close public land or areas of public land to hunting, fishing, or trapping, except
1951     as provided in Subsection (3)(f); or
1952          (ii) enlarging or diminishing the responsibility and authority of the Wildlife Board or
1953     Division of Wildlife Resources for management of fish and resident wildlife on public land
1954     pursuant to [Title 23, Wildlife Resources Code of Utah] Title 23A, Wildlife Resources Act.
1955          (f) The director may designate areas of public land where, and establish periods when,
1956     no hunting will be permitted on public land for reasons of public safety, administration, or
1957     compliance with provisions of applicable law.
1958          (4) Subject to Subsection (5), the director shall insert in any land use authorization
1959     providing for the use, occupancy, or development of the public land, a provision authorizing
1960     revocation or suspension, after notice and hearing, of the authorization upon a final

1961     administrative finding of a violation of any term or condition of the authorization.
1962          (5) (a) The director may immediately revoke or suspend a land use authorization if,
1963     after notice and administrative hearing, there is an administrative finding that the holder
1964     violated a term or condition of the authorization.
1965          (b) If a holder of an authorization rectifies the violation that formed the basis of the
1966     director's suspension under Subsection (5)(a), the director may terminate the suspension.
1967          (6) The director may order an immediate temporary suspension before a hearing or
1968     final administrative finding if the director determines that a suspension is necessary to protect:
1969          (a) health or safety; or
1970          (b) the environment.
1971          (7) Use of public land pursuant to a general authorization under this section shall be
1972     limited to areas where the use is consistent with the applicable land use plans prepared
1973     pursuant to Section 63L-8-202.
1974          (8) A general authorization for the use of public land shall be subject to:
1975          (a) a requirement that the using party shall be responsible for any necessary cleanup
1976     and decontamination of the land used; and
1977          (b) terms and conditions, including restrictions on use of off-road or all-terrain
1978     vehicles, as the director deems appropriate.
1979          (9) A general authorization issued pursuant to this section:
1980          (a) may not be for a term exceeding five years; and
1981          (b) shall be revoked in whole or in part, as the director finds necessary, upon a
1982     determination by the director that:
1983          (i) there has been a failure to comply with its terms and conditions; or
1984          (ii) activities permitted by the authorization have had, or might have, a significant
1985     adverse impact on the resources or values of the affected lands.
1986          (10) Each specific use of a particular area of public land pursuant to a general
1987     authorization under this section is subject to:
1988          (a) specific authorization by the director; and

1989          (b) appropriate terms and conditions, as described in this section.
1990          (11) An authorization under this section may not authorize the construction of
1991     permanent structures or facilities on the public land.
1992          (12) No one may use or occupy public land without appropriate authorization.
1993          Section 39. Section 63L-8-304 is amended to read:
1994          63L-8-304. Enforcement authority.
1995          (1) The director shall issue rules as necessary to implement the provisions of this
1996     chapter with respect to the management, use, and protection of the public land and property
1997     located on the public land.
1998          (2) At the request of the director, the attorney general may institute a civil action in a
1999     district court for an injunction or other appropriate remedy to prevent any person from utilizing
2000     public land in violation of this chapter or rules issued by the director under this chapter.
2001          (3) The use, occupancy, or development of any portion of the public land contrary to
2002     any rule issued by the DLM in accordance with this chapter, and without proper authorization,
2003     is unlawful and prohibited.
2004          (4) (a) The locally elected county sheriff is the primary law enforcement authority with
2005     jurisdiction on public land to enforce:
2006          (i) all the laws of this state; and
2007          (ii) this chapter and rules issued by the director pursuant to Subsection (1).
2008          (b) The governor may utilize the Department of Public Safety for the purposes of
2009     assisting the county sheriff in enforcing:
2010          (i) all the laws of this state and this chapter; and
2011          (ii) rules issued by the director pursuant to Subsection (1).
2012          (c) Conservation officers employed by the Division of Wildlife Resources have
2013     authority to enforce the laws and regulations under [Title 23, Wildlife Resources Code of Utah]
2014     Title 23A, Wildlife Resources Act, for the sake of any protected wildlife.
2015          (d) A conservation officer shall work cooperatively with the locally elected county
2016     sheriff to enforce the laws and regulations under [Title 23, Wildlife Resources Code of Utah]

2017     Title 23A, Wildlife Resources Act, for the sake of protected wildlife.
2018          (e) Nothing herein shall be construed as enlarging or diminishing the responsibility or
2019     authority of a state certified peace officer in performing the officer's duties on public land.
2020          Section 40. Section 72-9-501 is amended to read:
2021          72-9-501. Construction, operation, and maintenance of ports-of-entry by the
2022     department -- Function of ports-of-entry -- Checking and citation powers of port-of-entry
2023     agents.
2024          (1) (a) The department shall construct ports-of-entry for the purpose of checking motor
2025     carriers, drivers, vehicles, and vehicle loads for compliance with state and federal laws
2026     including laws relating to:
2027          (i) driver qualifications;
2028          (ii) Title 53, Chapter 3, Part 4, Uniform Commercial Driver License Act;
2029          (iii) vehicle registration;
2030          (iv) fuel tax payment;
2031          (v) vehicle size, weight, and load;
2032          (vi) security or insurance;
2033          (vii) this chapter;
2034          (viii) hazardous material as defined under 49 U.S.C. Sec. 5102; and
2035          (ix) safety.
2036          (b) The ports-of-entry shall be located on state highways at sites determined by the
2037     department.
2038          (2) (a) The ports-of-entry shall be operated and maintained by the department.
2039          (b) A port-of-entry agent or a peace officer may check, inspect, or test drivers, vehicles,
2040     and vehicle loads for compliance with state and federal laws specified in Subsection (1).
2041          (3) (a) A port-of-entry agent or a peace officer, in whose presence an offense described
2042     in this section is committed, may:
2043          (i) issue and deliver a misdemeanor or infraction citation under Section 77-7-18;
2044          (ii) request and administer chemical tests to determine blood alcohol concentration in

2045     compliance with Section 41-6a-515;
2046          (iii) place a driver out-of-service in accordance with Section 53-3-417; and
2047          (iv) serve a driver with notice of the Driver License Division of the Department of
2048     Public Safety's intention to disqualify the driver's privilege to drive a commercial motor vehicle
2049     in accordance with Section 53-3-418.
2050          (b) This section does not grant actual arrest powers as defined in Section 77-7-1 to a
2051     port-of-entry agent who is not a peace officer or special function officer designated under Title
2052     53, Chapter 13, Peace Officer Classifications.
2053          (4) (a) A port-of-entry agent, a peace officer, or the Division of Wildlife Resources
2054     may inspect, detain, or quarantine a conveyance or equipment in accordance with Sections
2055     [23-27-301] 23A-10-301 and [23-27-302] 23A-10-302.
2056          (b) The department is not responsible for decontaminating a conveyance or equipment
2057     detained or quarantined.
2058          (c) The Division of Wildlife Resources may decontaminate, as defined in Section
2059     [23-27-102] 23A-10-101, a conveyance or equipment at the port-of-entry if authorized by the
2060     department.
2061          Section 41. Section 73-3-30 is amended to read:
2062          73-3-30. Change application for an instream flow.
2063          (1) As used in this section:
2064          (a) "Division" means the Division of Wildlife Resources created in Section [23-14-1]
2065     23A-2-201, the Division of State Parks created in Section 79-4-201, or the Division of
2066     Forestry, Fire, and State Lands created in Section 65A-1-4.
2067          (b) "Person entitled to the use of water" means the same as that term is defined in
2068     Section 73-3-3.
2069          (c) "Sovereign lands" means the same as that term is defined in Section 65A-1-1.
2070          (d) "Wildlife" means species of animals, including mammals, birds, fish, reptiles,
2071     amphibians, mollusks, and crustaceans, that are protected or regulated by a statute, law,
2072     regulation, ordinance, or administrative rule.

2073          (2) (a) Pursuant to Section 73-3-3, a division may file a permanent change application,
2074     a fixed time change application, or a temporary change application, or a person entitled to the
2075     use of water may file a fixed time change application or a temporary change application, to
2076     provide water within the state for:
2077          (i) an instream flow within a specified section of a natural or altered stream; or
2078          (ii) use on sovereign lands.
2079          (b) The state engineer may not approve a change application filed under this section
2080     unless the proposed instream flow or use on sovereign lands will contribute to:
2081          (i) the propagation or maintenance of wildlife;
2082          (ii) the management of state parks; or
2083          (iii) the reasonable preservation or enhancement of the natural aquatic environment.
2084          (c) A division may file a change application on:
2085          (i) a perfected water right:
2086          (A) presently owned by the division;
2087          (B) purchased by the division for the purpose of providing water for an instream flow
2088     or use on sovereign lands, through funding provided for that purpose by legislative
2089     appropriation; or
2090          (C) secured by lease, agreement, gift, exchange, or contribution; or
2091          (ii) an appurtenant water right acquired with the acquisition of real property by the
2092     division.
2093          (d) A division may:
2094          (i) purchase a water right for the purposes described in Subsection (2)(a) only with
2095     funds specifically appropriated by the Legislature for water rights purchases; or
2096          (ii) accept a donated water right without legislative approval.
2097          (e) A division may not acquire water rights by eminent domain for an instream flow,
2098     use on sovereign lands, or for any other purpose.
2099          (3) (a) A person entitled to the use of water shall obtain a division director's approval
2100     of the proposed change before filing a fixed time change application or a temporary change

2101     application with the state engineer.
2102          (b) By approving a proposed fixed time change application or temporary change
2103     application, a division director attests that the water that is the subject of the application can be
2104     used consistent with the statutory mandates of the director's division.
2105          (4) In addition to the requirements of Section 73-3-3, an application authorized by this
2106     section shall include:
2107          (a) a legal description of:
2108          (i) the segment of the natural or altered stream that will be the place of use for an
2109     instream flow; or
2110          (ii) the location where the water will be used on sovereign lands; and
2111          (b) appropriate studies, reports, or other information required by the state engineer
2112     demonstrating:
2113          (i) the projected benefits to the public resulting from the change; and
2114          (ii) the necessity for the proposed instream flow or use on sovereign lands.
2115          (5) A person may not appropriate unappropriated water under Section 73-3-2 for the
2116     purpose of providing an instream flow or use on sovereign lands.
2117          (6) Water used in accordance with this section is considered to be beneficially used, as
2118     required by Section 73-3-1.
2119          (7) A physical structure or physical diversion from the stream is not required to
2120     implement a change under this section.
2121          (8) An approved change application described in this section does not create a right of
2122     access across private property or allow any infringement of a private property right.
2123          Section 42. Section 73-18-26 is amended to read:
2124          73-18-26. Resident aquatic invasive species fee -- Amount -- Deposit.
2125          (1) In addition to the registration fee imposed under Section 73-18-7, there is imposed
2126     an annual resident aquatic invasive species fee of $10 on a motorboat or sailboat required to be
2127     registered under Section 73-18-7.
2128          (2) The fee imposed under Subsection (1) shall be deposited into the Aquatic Invasive

2129     Species Interdiction Account created in Section [23-27-305] 23A-3-211.
2130          Section 43. Section 73-29-102 is amended to read:
2131          73-29-102. Definitions.
2132          As used in this chapter:
2133          (1) "Division" means the Division of Wildlife Resources.
2134          (2) "Floating access" means the right to access public water flowing over private
2135     property for floating and fishing while floating upon the water.
2136          (3) "Impounded wetlands" means a wetland or wetland pond that is formed or the level
2137     of which is controlled by a dike, berm, or headgate that retains or manages the flow or depth of
2138     water, including connecting channels.
2139          (4) "Navigable water" means a water course that in its natural state without the aid of
2140     artificial means is useful for commerce and has a useful capacity as a public highway of
2141     transportation.
2142          (5) "Private property to which access is restricted" means privately owned real
2143     property:
2144          (a) that is cultivated land, as defined in Section [23-20-14] 23A-5-317;
2145          (b) that is:
2146          (i) properly posted, as defined in Section [23-20-14] 23A-5-317;
2147          (ii) posted as described in Subsection 76-6-206(2)(b)(iii); or
2148          (iii) posted as described in Subsection 76-6-206.3(2)(c);
2149          (c) that is fenced or enclosed as described in:
2150          (i) Subsection 76-6-206(2)(b)(ii); or
2151          (ii) Subsection 76-6-206.3(2)(b); or
2152          (d) that the owner or a person authorized to act on the owner's behalf has requested a
2153     person to leave as provided by:
2154          (i) Section [23-20-14] 23A-5-317;
2155          (ii) Subsection 76-6-206(2)(b)(i); or
2156          (iii) Subsection 76-6-206.3(2)(a).

2157          (6) "Public access area" means the limited part of privately owned property that:
2158          (a) lies beneath or within three feet of a public water or that is the most direct, least
2159     invasive, and closest means of portage around an obstruction in a public water; and
2160          (b) is open to public recreational access under Section 73-29-203; and
2161          (c) can be accessed from an adjoining public assess area or public right-of-way.
2162          (7) "Public recreational access" means the right to engage in recreational access
2163     established in accordance with Section 73-29-203.
2164          (8) (a) "Public water" means water:
2165          (i) described in Section 73-1-1; and
2166          (ii) flowing or collecting on the surface:
2167          (A) within a natural or realigned channel; or
2168          (B) in a natural lake, pond, or reservoir on a natural or realigned channel.
2169          (b) "Public water" does not include water flowing or collecting:
2170          (i) on impounded wetland;
2171          (ii) on a migratory bird production area, as defined in Section [23-28-102]
2172     23A-13-101;
2173          (iii) on private property in a manmade:
2174          (A) irrigation canal;
2175          (B) irrigation ditch; or
2176          (C) impoundment or reservoir constructed outside of a natural or realigned channel; or
2177          (iv) on a jurisdictional wetland described in 33 C.F.R. 328.3.
2178          (9) (a) "Recreational access" means to use a public water and to touch a public access
2179     area incidental to the use of the public water for:
2180          (i) floating;
2181          (ii) fishing; or
2182          (iii) waterfowl hunting conducted:
2183          (A) in compliance with applicable law or rule, including Sections [23-20-8]
2184     23A-5-314, 73-29-203, and 76-10-508; and

2185          (B) so that the individual who engages in the waterfowl hunting shoots a firearm only
2186     while within a public access area and no closer than 600 feet of any dwelling.
2187          (b) "Recreational access" does not include:
2188          (i) hunting, except as provided in Subsection (9)(a)(iii);
2189          (ii) wading without engaging in activity described in Subsection (9)(a); or
2190          (iii) any other activity.
2191          Section 44. Section 73-30-201 is amended to read:
2192          73-30-201. Advisory council created -- Staffing -- Per diem and travel expenses.
2193          (1) There is created an advisory council known as the "Great Salt Lake Advisory
2194     Council" consisting of 11 members listed in Subsection (2).
2195          (2) (a) The governor shall appoint the following members, with the advice and consent
2196     of the Senate:
2197          (i) one representative of industry representing the extractive industry;
2198          (ii) one representative of industry representing aquaculture;
2199          (iii) one representative of conservation interests;
2200          (iv) one representative of a migratory bird protection area as defined in Section
2201     [23-28-102] 23A-13-101;
2202          (v) one representative who is an elected official from municipal government, or the
2203     elected official's designee;
2204          (vi) five representatives who are elected officials from county government, or the
2205     elected official's designee, one each representing:
2206          (A) Box Elder County;
2207          (B) Davis County;
2208          (C) Salt Lake County;
2209          (D) Tooele County; and
2210          (E) Weber County; and
2211          (vii) one representative of a publicly owned treatment works.
2212          (3) (a) Except as required by Subsection (3)(b), each member shall serve a four-year

2213     term.
2214          (b) Notwithstanding Subsection (3)(a), at the time of appointment or reappointment,
2215     the governor shall adjust the length of terms of voting members to ensure that the terms of
2216     council members are staggered so that approximately half of the council is appointed every two
2217     years.
2218          (c) When a vacancy occurs in the membership for any reason, the governor shall
2219     appoint a replacement for the unexpired term with the advice and consent of the Senate.
2220          (d) A member shall hold office until the member's successor is appointed and qualified.
2221          (4) The council shall determine:
2222          (a) the time and place of meetings; and
2223          (b) any other procedural matter not specified in this chapter.
2224          (5) (a) Attendance of six members at a meeting of the council constitutes a quorum.
2225          (b) A vote of the majority of the members present at a meeting when a quorum is
2226     present constitutes an action of the council.
2227          (6) A member may not receive compensation or benefits for the member's service, but
2228     may receive per diem and travel expenses in accordance with:
2229          (a) Section 63A-3-106;
2230          (b) Section 63A-3-107; and
2231          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2232     63A-3-107.
2233          (7) The Department of Natural Resources and the Department of Environmental
2234     Quality shall coordinate and provide necessary staff assistance to the council.
2235          Section 45. Section 76-9-301 is amended to read:
2236          76-9-301. Cruelty to animals.
2237          (1) As used in this section:
2238          (a) (i) "Abandon" means to intentionally deposit, leave, or drop off any live animal:
2239          (A) without providing for the care of that animal, in accordance with accepted animal
2240     husbandry practices or customary farming practices; or

2241          (B) in a situation where conditions present an immediate, direct, and serious threat to
2242     the life, safety, or health of the animal.
2243          (ii) "Abandon" does not include returning wildlife to its natural habitat.
2244          (b) (i) "Animal" means, except as provided in Subsection (1)(b)(ii), a live, nonhuman
2245     vertebrate creature.
2246          (ii) "Animal" does not include:
2247          (A) a live, nonhuman vertebrate creature, if:
2248          (I) the conduct toward the creature, and the care provided to the creature, is in
2249     accordance with accepted animal husbandry practices; and
2250          (II) the creature is:
2251          (Aa) owned or kept by a zoological park that is accredited by, or a member of, the
2252     American Zoo and Aquarium Association;
2253          (Bb) kept, owned, or used for the purpose of training hunting dogs or raptors; or
2254          (Cc) temporarily in the state as part of a circus or traveling exhibitor licensed by the
2255     United States Department of Agriculture under 7 U.S.C. Sec. 2133;
2256          (B) a live, nonhuman vertebrate creature that is owned, kept, or used for rodeo
2257     purposes, if the conduct toward the creature, and the care provided to the creature, is in
2258     accordance with accepted rodeo practices;
2259          (C) livestock, if the conduct toward the creature, and the care provided to the creature,
2260     is in accordance with accepted animal husbandry practices or customary farming practices; or
2261          (D) wildlife, as defined in Section [23-13-2] 23A-1-101, including protected and
2262     unprotected wildlife, if the conduct toward the wildlife is in accordance with lawful hunting,
2263     fishing, or trapping practices or other lawful practices.
2264          (c) "Companion animal" means an animal that is a domestic dog or a domestic cat.
2265          (d) "Custody" means ownership, possession, or control over an animal.
2266          (e) "Legal privilege" means an act that:
2267          (i) is authorized by state law, including [Division of Wildlife Resources rules] rules
2268     under Title 23A, Wildlife Resources Act; and

2269          (ii) is not in violation of a local ordinance.
2270          (f) "Livestock" means:
2271          (i) domesticated:
2272          (A) cattle;
2273          (B) sheep;
2274          (C) goats;
2275          (D) turkeys;
2276          (E) swine;
2277          (F) equines;
2278          (G) camelidae;
2279          (H) ratites; or
2280          (I) bison;
2281          (ii) domesticated elk, as defined in Section 4-39-102;
2282          (iii) a livestock guardian dog, as defined in Section 76-6-111; or
2283          (iv) any domesticated nonhuman vertebrate creature, domestic furbearer, or domestic
2284     poultry, raised, kept, or used for agricultural purposes.
2285          (g) "Necessary food, water, care, or shelter" means the following, taking into account
2286     the species, age, and physical condition of the animal:
2287          (i) appropriate and essential food and water;
2288          (ii) adequate protection, including appropriate shelter, against extreme weather
2289     conditions; and
2290          (iii) other essential care.
2291          (h) "Torture" means intentionally or knowingly causing or inflicting extreme physical
2292     pain to an animal in an especially heinous, atrocious, cruel, or exceptionally depraved manner.
2293          (2) Except as provided in Subsection (4) or (6), a person is guilty of cruelty to an
2294     animal if the person, without legal privilege to do so, intentionally, knowingly, recklessly, or
2295     with criminal negligence:
2296          (a) fails to provide necessary food, water, care, or shelter for an animal in the person's

2297     custody;
2298          (b) abandons an animal in the person's custody;
2299          (c) injures an animal;
2300          (d) causes any animal, not including a dog or game fowl, to fight with another animal
2301     of like kind for amusement or gain; or
2302          (e) causes any animal, including a dog or game fowl, to fight with a different kind of
2303     animal or creature for amusement or gain.
2304          (3) Except as provided in Section 76-9-301.7, a violation of Subsection (2) is:
2305          (a) a class B misdemeanor if committed intentionally or knowingly; and
2306          (b) a class C misdemeanor if committed recklessly or with criminal negligence.
2307          (4) A person is guilty of aggravated cruelty to an animal if the person:
2308          (a) tortures an animal;
2309          (b) administers, or causes to be administered, poison or a poisonous substance to an
2310     animal; or
2311          (c) kills an animal or causes an animal to be killed without having a legal privilege to
2312     do so.
2313          (5) Except as provided in Subsection (6) or Section 76-9-301.7, a violation of
2314     Subsection (4) is:
2315          (a) a class A misdemeanor if committed intentionally or knowingly;
2316          (b) a class B misdemeanor if committed recklessly; and
2317          (c) a class C misdemeanor if committed with criminal negligence.
2318          (6) A person is guilty of a third degree felony if the person intentionally or knowingly
2319     tortures a companion animal.
2320          (7) It is a defense to prosecution under this section that the conduct of the actor towards
2321     the animal was:
2322          (a) by a licensed veterinarian using accepted veterinary practice;
2323          (b) directly related to bona fide experimentation for scientific research, provided that if
2324     the animal is to be destroyed, the manner employed will not be unnecessarily cruel unless

2325     directly necessary to the veterinary purpose or scientific research involved;
2326          (c) permitted under Section 18-1-3;
2327          (d) by a person who humanely destroys any animal found suffering past recovery for
2328     any useful purpose; or
2329          (e) by a person who humanely destroys any apparently abandoned animal found on the
2330     person's property.
2331          (8) For purposes of Subsection (7)(d), before destroying the suffering animal, the
2332     person who is not the owner of the animal shall obtain:
2333          (a) the judgment of a veterinarian of the animal's nonrecoverable condition;
2334          (b) the judgment of two other persons called by the person to view the unrecoverable
2335     condition of the animal in the person's presence;
2336          (c) the consent from the owner of the animal to the destruction of the animal; or
2337          (d) a reasonable conclusion that the animal's suffering is beyond recovery, through the
2338     person's own observation, if the person is in a location or circumstance where the person is
2339     unable to contact another person.
2340          (9) This section does not affect or prohibit:
2341          (a) the training, instruction, and grooming of animals, if the methods used are in
2342     accordance with accepted animal husbandry practices or customary farming practices;
2343          (b) the use of an electronic locating or training collar by the owner of an animal for the
2344     purpose of lawful animal training, lawful hunting practices, or protecting against loss of that
2345     animal; or
2346          (c) the lawful hunting of, fishing for, or trapping of, wildlife.
2347          (10) County and municipal governments may not prohibit the use of an electronic
2348     locating or training collar.
2349          (11) Upon conviction under this section, the court may in its discretion, in addition to
2350     other penalties:
2351          (a) order the defendant to be evaluated to determine the need for psychiatric or
2352     psychological counseling, to receive counseling as the court determines to be appropriate, and

2353     to pay the costs of the evaluation and counseling;
2354          (b) require the defendant to forfeit any rights the defendant has to the animal subjected
2355     to a violation of this section and to repay the reasonable costs incurred by any person or agency
2356     in caring for each animal subjected to violation of this section;
2357          (c) order the defendant to no longer possess or retain custody of any animal, as
2358     specified by the court, during the period of the defendant's probation or parole or other period
2359     as designated by the court; and
2360          (d) order the animal to be placed for the purpose of adoption or care in the custody of a
2361     county or municipal animal control agency or an animal welfare agency registered with the
2362     state to be sold at public auction or humanely destroyed.
2363          (12) This section does not prohibit the use of animals in lawful training.
2364          (13) A veterinarian who, acting in good faith, reports a violation of this section to law
2365     enforcement may not be held civilly liable for making the report.
2366          Section 46. Section 76-10-504 is amended to read:
2367          76-10-504. Carrying concealed firearm -- Penalties.
2368          (1) Except as provided in Sections 76-10-503 and 76-10-523 and in Subsections (2),
2369     (3), and (4), a person who carries a concealed firearm, as defined in Section 76-10-501,
2370     including an unloaded firearm on his or her person or one that is readily accessible for
2371     immediate use which is not securely encased, as defined in this part, in or on a place other than
2372     the person's residence, property, a vehicle in the person's lawful possession, or a vehicle, with
2373     the consent of the individual who is lawfully in possession of the vehicle, or business under the
2374     person's control is guilty of a class B misdemeanor.
2375          (2) A person who carries a concealed firearm that is a loaded firearm in violation of
2376     Subsection (1) is guilty of a class A misdemeanor.
2377          (3) A person who carries concealed an unlawfully possessed short barreled shotgun or
2378     a short barreled rifle is guilty of a second degree felony.
2379          (4) If the concealed firearm is used in the commission of a violent felony as defined in
2380     Section 76-3-203.5, and the person is a party to the offense, the person is guilty of a second

2381     degree felony.
2382          (5) Nothing in Subsection (1) or (2) prohibits a person engaged in the lawful taking of
2383     protected or unprotected wildlife as defined in [Title 23, Wildlife Resources Code of Utah]
2384     Title 23A, Wildlife Resources Act, from carrying a concealed firearm as long as the taking of
2385     wildlife does not occur:
2386          (a) within the limits of a municipality in violation of that municipality's ordinances; or
2387          (b) upon the highways of the state as defined in Section 41-6a-102.
2388          Section 47. Section 76-10-508 is amended to read:
2389          76-10-508. Discharge of firearm from a vehicle, near a highway, or in direction of
2390     specified items -- Penalties.
2391          (1) (a) An individual may not discharge a dangerous weapon or firearm:
2392          (i) from an automobile or other vehicle;
2393          (ii) from, upon, or across a highway;
2394          (iii) at a road sign placed upon a highway of the state;
2395          (iv) at communications equipment or property of public utilities including facilities,
2396     lines, poles, or devices of transmission or distribution;
2397          (v) at railroad equipment or facilities including a sign or signal;
2398          (vi) within a Utah State Park building, designated camp or picnic sites, overlooks, golf
2399     courses, boat ramps, and developed beaches; or
2400          (vii) without written permission to discharge the dangerous weapon from the owner or
2401     person in charge of the property within 600 feet of:
2402          (A) a house, dwelling, or any other building; or
2403          (B) any structure in which a domestic animal is kept or fed, including a barn, poultry
2404     yard, corral, feeding pen, or stockyard.
2405          (b) It is a defense to any charge for violating this section that the individual being
2406     accused had actual permission of the owner or person in charge of the property at the time in
2407     question.
2408          (2) A violation of any provision of Subsection (1) is a class B misdemeanor.

2409          (3) In addition to any other penalties, the court shall:
2410          (a) notify the Driver License Division of the conviction for purposes of any revocation,
2411     denial, suspension, or disqualification of a driver license under Subsection 53-3-220(1)(a)(xi);
2412     and
2413          (b) specify in court at the time of sentencing the length of the revocation under
2414     Subsection 53-3-225(1)(c).
2415          (4) This section does not apply to an individual who:
2416          (a) discharges a firearm when that individual is in lawful defense of self or others;
2417          (b) is performing official duties as provided in Section [23-20-1.5] 23A-5-202 and
2418     Subsections 76-10-523(1)(a) through (f) and as otherwise provided by law; or
2419          (c) discharges a dangerous weapon or firearm from an automobile or other vehicle, if:
2420          (i) the discharge occurs at a firing range or training ground;
2421          (ii) at no time after the discharge does the projectile that is discharged cross over or
2422     stop at a location other than within the boundaries of the firing range or training ground
2423     described in Subsection (4)(c)(i);
2424          (iii) the discharge is made as practice or training for a lawful purpose;
2425          (iv) the discharge and the location, time, and manner of the discharge are approved by
2426     the owner or operator of the firing range or training ground before the discharge; and
2427          (v) the discharge is not made in violation of Subsection (1).
2428          Section 48. Section 76-10-508.1 is amended to read:
2429          76-10-508.1. Felony discharge of a firearm -- Penalties.
2430          (1) Except as provided under Subsection (2) or (3), an individual who discharges a
2431     firearm is guilty of a third degree felony punishable by imprisonment for a term of not less than
2432     three years nor more than five years if:
2433          (a) the actor discharges a firearm in the direction of one or more individuals, knowing
2434     or having reason to believe that any individual may be endangered by the discharge of the
2435     firearm;
2436          (b) the actor, with intent to intimidate or harass another or with intent to damage a

2437     habitable structure as defined in Section 76-6-101, discharges a firearm in the direction of any
2438     individual or habitable structure; or
2439          (c) the actor, with intent to intimidate or harass another, discharges a firearm in the
2440     direction of any vehicle.
2441          (2) A violation of Subsection (1) that causes bodily injury to any individual is a second
2442     degree felony punishable by imprisonment for a term of not less than three years nor more than
2443     15 years.
2444          (3) A violation of Subsection (1) that causes serious bodily injury to any individual is a
2445     first degree felony.
2446          (4) In addition to any other penalties for a violation of this section, the court shall:
2447          (a) notify the Driver License Division of the conviction for purposes of any revocation,
2448     denial, suspension, or disqualification of a driver license under Subsection 53-3-220(1)(a)(xi);
2449     and
2450          (b) specify in court at the time of sentencing the length of the revocation under
2451     Subsection 53-3-225(1)(c).
2452          (5) This section does not apply to an individual:
2453          (a) who discharges a firearm when that individual is in lawful defense of self or others;
2454          (b) who is performing official duties as provided in Section [23-20-1.5] 23A-5-202 or
2455     Subsections 76-10-523(1)(a) through (f) or as otherwise authorized by law; or
2456          (c) who discharges a dangerous weapon or firearm from an automobile or other
2457     vehicle, if:
2458          (i) the discharge occurs at a firing range or training ground;
2459          (ii) at no time after the discharge does the projectile that is discharged cross over or
2460     stop at a location other than within the boundaries of the firing range or training ground
2461     described in Subsection (5)(c)(i);
2462          (iii) the discharge is made as practice or training for a lawful purpose;
2463          (iv) the discharge and the location, time, and manner of the discharge are approved by
2464     the owner or operator of the firing range or training ground before the discharge; and

2465          (v) the discharge is not made in violation of Subsection (1).
2466          Section 49. Section 76-10-1602 is amended to read:
2467          76-10-1602. Definitions.
2468          As used in this part:
2469          (1) "Enterprise" means any individual, sole proprietorship, partnership, corporation,
2470     business trust, association, or other legal entity, and any union or group of individuals
2471     associated in fact although not a legal entity, and includes illicit as well as licit entities.
2472          (2) "Pattern of unlawful activity" means engaging in conduct which constitutes the
2473     commission of at least three episodes of unlawful activity, which episodes are not isolated, but
2474     have the same or similar purposes, results, participants, victims, or methods of commission, or
2475     otherwise are interrelated by distinguishing characteristics. Taken together, the episodes shall
2476     demonstrate continuing unlawful conduct and be related either to each other or to the
2477     enterprise. At least one of the episodes comprising a pattern of unlawful activity shall have
2478     occurred after July 31, 1981. The most recent act constituting part of a pattern of unlawful
2479     activity as defined by this part shall have occurred within five years of the commission of the
2480     next preceding act alleged as part of the pattern.
2481          (3) "Person" includes any individual or entity capable of holding a legal or beneficial
2482     interest in property, including state, county, and local governmental entities.
2483          (4) "Unlawful activity" means to directly engage in conduct or to solicit, request,
2484     command, encourage, or intentionally aid another person to engage in conduct which would
2485     constitute any offense described by the following crimes or categories of crimes, or to attempt
2486     or conspire to engage in an act which would constitute any of those offenses, regardless of
2487     whether the act is in fact charged or indicted by any authority or is classified as a misdemeanor
2488     or a felony:
2489          (a) any act prohibited by the criminal provisions of Title 13, Chapter 10, Unauthorized
2490     Recording Practices Act;
2491          (b) any act prohibited by the criminal provisions of Title 19, Environmental Quality
2492     Code, Sections 19-1-101 through 19-7-109;

2493          (c) taking, destroying, or possessing wildlife or parts of wildlife for the primary
2494     purpose of sale, trade, or other pecuniary gain, in violation of [Title 23, Wildlife Resources
2495     Code of Utah, or Section 23-20-4;] Title 23A, Wildlife Resources Act, or Section 23A-5-311;
2496          (d) false claims for medical benefits, kickbacks, and any other act prohibited by Title
2497     26, Chapter 20, Utah False Claims Act, Sections 26-20-1 through 26-20-12;
2498          (e) any act prohibited by the criminal provisions of Title 32B, Chapter 4, Criminal
2499     Offenses and Procedure Act;
2500          (f) any act prohibited by the criminal provisions of Title 57, Chapter 11, Utah Uniform
2501     Land Sales Practices Act;
2502          (g) any act prohibited by the criminal provisions of Title 58, Chapter 37, Utah
2503     Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act,
2504     Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58, Chapter 37d,
2505     Clandestine Drug Lab Act;
2506          (h) any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah Uniform
2507     Securities Act;
2508          (i) any act prohibited by the criminal provisions of Title 63G, Chapter 6a, Utah
2509     Procurement Code;
2510          (j) assault or aggravated assault, Sections 76-5-102 and 76-5-103;
2511          (k) a threat of terrorism, Section 76-5-107.3;
2512          (l) a criminal homicide offense, as described in Section 76-5-201;
2513          (m) kidnapping or aggravated kidnapping, Sections 76-5-301 and 76-5-302;
2514          (n) human trafficking, human trafficking of a child, human smuggling, or aggravated
2515     human trafficking, Sections 76-5-308, 76-5-308.1, 76-5-308.3, 76-5-308.5, 76-5-309, and
2516     76-5-310;
2517          (o) sexual exploitation of a minor or aggravated sexual exploitation of a minor,
2518     Sections 76-5b-201 and 76-5b-201.1;
2519          (p) arson or aggravated arson, Sections 76-6-102 and 76-6-103;
2520          (q) causing a catastrophe, Section 76-6-105;

2521          (r) burglary or aggravated burglary, Sections 76-6-202 and 76-6-203;
2522          (s) burglary of a vehicle, Section 76-6-204;
2523          (t) manufacture or possession of an instrument for burglary or theft, Section 76-6-205;
2524          (u) robbery or aggravated robbery, Sections 76-6-301 and 76-6-302;
2525          (v) theft, Section 76-6-404;
2526          (w) theft by deception, Section 76-6-405;
2527          (x) theft by extortion, Section 76-6-406;
2528          (y) receiving stolen property, Section 76-6-408;
2529          (z) theft of services, Section 76-6-409;
2530          (aa) forgery, Section 76-6-501;
2531          (bb) fraudulent use of a credit card, Sections 76-6-506.2, 76-6-506.3, 76-6-506.5, and
2532     76-6-506.6;
2533          (cc) deceptive business practices, Section 76-6-507;
2534          (dd) bribery or receiving bribe by person in the business of selection, appraisal, or
2535     criticism of goods, Section 76-6-508;
2536          (ee) bribery of a labor official, Section 76-6-509;
2537          (ff) defrauding creditors, Section 76-6-511;
2538          (gg) acceptance of deposit by insolvent financial institution, Section 76-6-512;
2539          (hh) unlawful dealing with property by fiduciary, Section 76-6-513;
2540          (ii) bribery or threat to influence contest, Section 76-6-514;
2541          (jj) making a false credit report, Section 76-6-517;
2542          (kk) criminal simulation, Section 76-6-518;
2543          (ll) criminal usury, Section 76-6-520;
2544          (mm) fraudulent insurance act, Section 76-6-521;
2545          (nn) retail theft, Section 76-6-602;
2546          (oo) computer crimes, Section 76-6-703;
2547          (pp) identity fraud, Section 76-6-1102;
2548          (qq) mortgage fraud, Section 76-6-1203;

2549          (rr) sale of a child, Section 76-7-203;
2550          (ss) bribery to influence official or political actions, Section 76-8-103;
2551          (tt) threats to influence official or political action, Section 76-8-104;
2552          (uu) receiving bribe or bribery by public servant, Section 76-8-105;
2553          (vv) receiving bribe or bribery for endorsement of person as public servant, Section
2554     76-8-106;
2555          (ww) official misconduct, Sections 76-8-201 and 76-8-202;
2556          (xx) obstruction of justice, Section 76-8-306;
2557          (yy) acceptance of bribe or bribery to prevent criminal prosecution, Section 76-8-308;
2558          (zz) false or inconsistent material statements, Section 76-8-502;
2559          (aaa) false or inconsistent statements, Section 76-8-503;
2560          (bbb) written false statements, Section 76-8-504;
2561          (ccc) tampering with a witness or soliciting or receiving a bribe, Section 76-8-508;
2562          (ddd) retaliation against a witness, victim, or informant, Section 76-8-508.3;
2563          (eee) extortion or bribery to dismiss criminal proceeding, Section 76-8-509;
2564          (fff) tampering with evidence, Section 76-8-510.5;
2565          (ggg) falsification or alteration of government record, Section 76-8-511, if the record is
2566     a record described in Title 20A, Election Code, Title 36, Chapter 11, Lobbyist Disclosure and
2567     Regulation Act, or Title 36, Chapter 11a, Local Government and Board of Education Lobbyist
2568     Disclosure and Regulation Act;
2569          (hhh) public assistance fraud in violation of Section 76-8-1203, 76-8-1204, or
2570     76-8-1205;
2571          (iii) unemployment insurance fraud, Section 76-8-1301;
2572          (jjj) intentionally or knowingly causing one animal to fight with another, Subsection
2573     76-9-301(2)(d) or (e), or Section 76-9-301.1;
2574          (kkk) possession, use, or removal of explosives, chemical, or incendiary devices or
2575     parts, Section 76-10-306;
2576          (lll) delivery to common carrier, mailing, or placement on premises of an incendiary

2577     device, Section 76-10-307;
2578          (mmm) possession of a deadly weapon with intent to assault, Section 76-10-507;
2579          (nnn) unlawful marking of pistol or revolver, Section 76-10-521;
2580          (ooo) alteration of number or mark on pistol or revolver, Section 76-10-522;
2581          (ppp) forging or counterfeiting trademarks, trade name, or trade device, Section
2582     76-10-1002;
2583          (qqq) selling goods under counterfeited trademark, trade name, or trade devices,
2584     Section 76-10-1003;
2585          (rrr) sales in containers bearing registered trademark of substituted articles, Section
2586     76-10-1004;
2587          (sss) selling or dealing with article bearing registered trademark or service mark with
2588     intent to defraud, Section 76-10-1006;
2589          (ttt) gambling, Section 76-10-1102;
2590          (uuu) gambling fraud, Section 76-10-1103;
2591          (vvv) gambling promotion, Section 76-10-1104;
2592          (www) possessing a gambling device or record, Section 76-10-1105;
2593          (xxx) confidence game, Section 76-10-1109;
2594          (yyy) distributing pornographic material, Section 76-10-1204;
2595          (zzz) inducing acceptance of pornographic material, Section 76-10-1205;
2596          (aaaa) dealing in harmful material to a minor, Section 76-10-1206;
2597          (bbbb) distribution of pornographic films, Section 76-10-1222;
2598          (cccc) indecent public displays, Section 76-10-1228;
2599          (dddd) prostitution, Section 76-10-1302;
2600          (eeee) aiding prostitution, Section 76-10-1304;
2601          (ffff) exploiting prostitution, Section 76-10-1305;
2602          (gggg) aggravated exploitation of prostitution, Section 76-10-1306;
2603          (hhhh) communications fraud, Section 76-10-1801;
2604          (iiii) any act prohibited by the criminal provisions of Part 19, Money Laundering and

2605     Currency Transaction Reporting Act;
2606          (jjjj) vehicle compartment for contraband, Section 76-10-2801;
2607          (kkkk) any act prohibited by the criminal provisions of the laws governing taxation in
2608     this state; and
2609          (llll) any act illegal under the laws of the United States and enumerated in 18 U.S.C.
2610     Sec. 1961(1)(B), (C), and (D).
2611          Section 50. Section 77-20-204 is amended to read:
2612          77-20-204. Bail commissioner authority to release an individual from jail on
2613     monetary bail.
2614          (1) As used in this section, "eligible felony offense" means a third degree felony
2615     violation under:
2616          (a) Section [23-19-15] 23A-4-501 or 23A-4-502;
2617          (b) Section [23-20-4] 23A-5-311;
2618          (c) Section [23-20-4.7] 23A-5-313;
2619          (d) Title 76, Chapter 6, Part 4, Theft;
2620          (e) Title 76, Chapter 6, Part 5, Fraud;
2621          (f) Title 76, Chapter 6, Part 6, Retail Theft;
2622          (g) Title 76, Chapter 6, Part 7, Utah Computer Crimes Act;
2623          (h) Title 76, Chapter 6, Part 8, Library Theft;
2624          (i) Title 76, Chapter 6, Part 9, Cultural Sites Protection;
2625          (j) Title 76, Chapter 6, Part 10, Mail Box Damage and Mail Theft;
2626          (k) Title 76, Chapter 6, Part 11, Identity Fraud Act;
2627          (l) Title 76, Chapter 6, Part 12, Utah Mortgage Fraud Act;
2628          (m) Title 76, Chapter 6, Part 13, Utah Automated Sales Suppression Device Act;
2629          (n) Title 76, Chapter 6, Part 14, Regulation of Metal Dealers;
2630          (o) Title 76, Chapter 6a, Pyramid Scheme Act;
2631          (p) Title 76, Chapter 7, Offenses Against the Family;
2632          (q) Title 76, Chapter 7a, Abortion Prohibition;

2633          (r) Title 76, Chapter 9, Part 2, Electronic Communication and Telephone Abuse;
2634          (s) Title 76, Chapter 9, Part 3, Cruelty to Animals;
2635          (t) Title 76, Chapter 9, Part 4, Offenses Against Privacy;
2636          (u) Title 76, Chapter 9, Part 5, Libel; or
2637          (v) Title 76, Chapter 9, Part 6, Offenses Against the Flag.
2638          (2) Except as provided in Subsection (7)(a), a bail commissioner may fix a financial
2639     condition for an individual if:
2640          (a) (i) the individual is ineligible to be released on the individual's own recognizance
2641     under Section 77-20-203;
2642          (ii) the individual is arrested for, or charged with:
2643          (A) a misdemeanor offense under state law; or
2644          (B) a violation of a city or county ordinance that is classified as a class B or C
2645     misdemeanor offense;
2646          (iii) the individual agrees in writing to appear for any future criminal proceedings
2647     related to the arrest; and
2648          (iv) law enforcement has not submitted a probable cause statement to a magistrate; or
2649          (b) (i) the individual is arrested for, or charged with, an eligible felony offense;
2650          (ii) the individual is not on pretrial release for a separate criminal offense;
2651          (iii) the individual is not on probation or parole;
2652          (iv) the primary risk posed by the individual is the risk of failure to appear;
2653          (v) the individual agrees in writing to appear for any future criminal proceedings
2654     related to the arrest; and
2655          (vi) law enforcement has not submitted a probable cause statement to a magistrate.
2656          (3) A bail commissioner may not fix a financial condition at a monetary amount that
2657     exceeds:
2658          (a) $5,000 for an eligible felony offense;
2659          (b) $1,950 for a class A misdemeanor offense;
2660          (c) $680 for a class B misdemeanor offense;

2661          (d) $340 for a class C misdemeanor offense;
2662          (e) $150 for a violation of a city or county ordinance that is classified as a class B
2663     misdemeanor; or
2664          (f) $80 for a violation of a city or county ordinance that is classified as a class C
2665     misdemeanor.
2666          (4) If an individual is arrested for more than one offense, and the bail commissioner
2667     fixes a financial condition for release:
2668          (a) the bail commissioner shall fix the financial condition at a single monetary amount;
2669     and
2670          (b) the single monetary amount may not exceed the monetary amount under Subsection
2671     (3) for the highest level of offense for which the individual is arrested.
2672          (5) Except as provided in Subsection (7)(b), an individual shall be released if the
2673     individual posts a financial condition fixed by a bail commissioner in accordance with this
2674     section.
2675          (6) If a bail commissioner fixes a financial condition for an individual, law
2676     enforcement shall submit a probable cause statement in accordance with Rule 9 of the Utah
2677     Rules of Criminal Procedure after the bail commissioner fixes the financial condition.
2678          (7) Once a magistrate begins a review of an individual's case under Rule 9 of the Utah
2679     Rules of Criminal Procedure:
2680          (a) a bail commissioner may not fix or modify a financial condition for an individual;
2681     and
2682          (b) if a bail commissioner fixed a financial condition for the individual before the
2683     magistrate's review, the individual may no longer be released on the financial condition.
2684          (8) Nothing in this section prohibits a court and a county from entering into an
2685     agreement regarding release.
2686          Section 51. Section 77-23-104 is amended to read:
2687          77-23-104. Written plan -- Approval of magistrate.
2688          (1) An administrative traffic checkpoint may be established and operated upon written

2689     authority of a magistrate.
2690          (2) A magistrate may issue written authority to establish and operate an administrative
2691     traffic checkpoint if:
2692          (a) a command level officer submits to the magistrate a written plan signed by the
2693     command level officer describing:
2694          (i) the location of the checkpoint including geographical and topographical
2695     information;
2696          (ii) the date, time, and duration of the checkpoint;
2697          (iii) the sequence of traffic to be stopped;
2698          (iv) the purpose of the checkpoint, including the inspection or inquiry to be conducted;
2699          (v) the minimum number of personnel to be employed in operating the checkpoint,
2700     including the rank of the officer or officers in charge at the scene;
2701          (vi) the configuration and location of signs, barriers, and other means of informing
2702     approaching motorists that they must stop and directing them to the place to stop;
2703          (vii) any advance notice to the public at large of the establishment of the checkpoint;
2704     and
2705          (viii) the instructions to be given to the enforcement officers operating the checkpoint;
2706          (b) the magistrate makes an independent judicial determination that the plan
2707     appropriately:
2708          (i) minimizes the length of time the motorist will be delayed;
2709          (ii) minimizes the intrusion of the inspection or inquiry;
2710          (iii) minimizes the fear and anxiety the motorist will experience;
2711          (iv) minimizes the degree of discretion to be exercised by the individual enforcement
2712     officers operating the checkpoint; and
2713          (v) maximizes the safety of the motorist and the enforcement officers; and
2714          (c) the administrative traffic checkpoint has the primary purpose of inspecting,
2715     verifying, or detecting:
2716          (i) drivers that may be under the influence of alcohol or drugs;

2717          (ii) license plates, registration certificates, insurance certificates, or driver licenses;
2718          (iii) violations of [Title 23, Wildlife Resources Code of Utah] Title 23A, Wildlife
2719     Resources Act; or
2720          (iv) other circumstances that are specifically distinguishable by the magistrate from a
2721     general interest in crime control.
2722          (3) Upon determination by the magistrate that the plan meets the requirements of
2723     Subsection (2), the magistrate shall sign the authorization and issue it to the command level
2724     officer, retaining a copy for the court's file.
2725          (4) A copy of the plan and signed authorization shall be issued to the checkpoint
2726     command level officer participating in the operation of the checkpoint.
2727          (5) Any enforcement officer participating in the operation of the checkpoint shall
2728     conform [his] the enforcement officer's activities as nearly as practicable to the procedures
2729     outlined in the plan.
2730          (6) The checkpoint command level officer shall be available to exhibit a copy of the
2731     plan and signed authorization to any motorist who has been stopped at the checkpoint upon
2732     request of the motorist.
2733          Section 52. Section 78A-5-110 is amended to read:
2734          78A-5-110. Allocation of district court fees and forfeitures.
2735          (1) Except as provided in this section, district court fines and forfeitures collected for
2736     violation of state statutes shall be paid to the state treasurer.
2737          (2) Fines and forfeitures collected by the court for violation of a state statute or county
2738     or municipal ordinance constituting a misdemeanor or an infraction shall be remitted 1/2 to the
2739     state treasurer and 1/2 to the treasurer of the state or local governmental entity which
2740     prosecutes or which would prosecute the violation.
2741          (3) (a) Fines and forfeitures collected for violations of [Title 23, Wildlife Resources
2742     Code of Utah] Title 23A, Wildlife Resources Act, Title 41, Chapter 22, Off-highway Vehicles,
2743     or Title 73, Chapter 18, State Boating Act, shall be paid to the state treasurer.
2744          (b) For violations of [Title 23, Wildlife Resources Code of Utah] Title 23A, Wildlife

2745     Resources Act, the state treasurer shall allocate 85% to the Division of Wildlife Resources and
2746     15% to the General Fund.
2747          (c) For violations of Title 41, Chapter 22, Off-highway Vehicles, or Title 73, Chapter
2748     18, State Boating Act, the state treasurer shall allocate 85% to the Division of Outdoor
2749     Recreation and 15% to the General Fund.
2750          (4) (a) The state treasurer shall allocate fines and forfeitures collected for a violation of
2751     Section 72-7-404 or 72-7-406, less fees established by the Judicial Council, to the Department
2752     of Transportation for use on class B and class C roads.
2753          (b) Fees established by the Judicial Council shall be deposited in the state General
2754     Fund.
2755          (c) Money allocated for class B and class C roads is supplemental to the money
2756     appropriated under Section 72-2-107 but shall be expended in the same manner as other class B
2757     and class C road funds.
2758          (5) (a) Fines and forfeitures collected by the court for a second or subsequent violation
2759     under Section 41-6a-1713 or Subsection 72-7-409(6)(c) shall be remitted:
2760          (i) 60% to the state treasurer to be deposited into the Transportation Fund; and
2761          (ii) 40% in accordance with Subsection (2).
2762          (b) Fines and forfeitures collected by the court for a second or subsequent violation
2763     under Subsection 72-7-409(6)(d) shall be remitted:
2764          (i) 50% to the state treasurer to be deposited into the Transportation Fund; and
2765          (ii) 50% in accordance with Subsection (2).
2766          (6) For fines and forfeitures collected by the court for a violation of Section
2767     41-6a-1302 in instances where evidence of the violation was obtained by an automated traffic
2768     enforcement safety device as described in Section 41-6a-1310, the court shall allocate 20% to
2769     the school district or private school that owns or contracts for the use of the bus, and the state
2770     treasurer shall allocate 40% to the treasurer of the state or local governmental entity that
2771     prosecutes or that would prosecute the violation, and 40% to the General Fund.
2772          (7) Fines and forfeitures collected for any violations not specified in this chapter or

2773     otherwise provided for by law shall be paid to the state treasurer.
2774          (8) Fees collected in connection with civil actions filed in the district court shall be
2775     paid to the state treasurer.
2776          (9) The court shall remit money collected in accordance with Title 51, Chapter 7, State
2777     Money Management Act.
2778          Section 53. Section 78A-7-106 is amended to read:
2779          78A-7-106. Jurisdiction.
2780          (1) (a) Except for an offense for which the district court has original jurisdiction under
2781     Subsection 78A-5-102(8) or an offense for which the juvenile court has original jurisdiction
2782     under Subsection 78A-6-103(1)(c), a justice court has original jurisdiction over class B and C
2783     misdemeanors, violation of ordinances, and infractions committed within the justice court's
2784     territorial jurisdiction by an individual who is 18 years old or older.
2785          (b) A justice court has original jurisdiction over the following offenses committed
2786     within the justice court's territorial jurisdiction by an individual who is 18 years old or older:
2787          (i) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2, Driver
2788     Licensing Act; and
2789          (ii) class B and C misdemeanor and infraction violations of:
2790          (A) [Title 23, Wildlife Resources Code of Utah] Title 23A, Wildlife Resources Act;
2791          (B) Title 41, Chapter 1a, Motor Vehicle Act;
2792          (C) Title 41, Chapter 6a, Traffic Code, except Title 41, Chapter 6a, Part 5, Driving
2793     Under the Influence and Reckless Driving;
2794          (D) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
2795     Operators Act;
2796          (E) Title 41, Chapter 22, Off-highway Vehicles;
2797          (F) Title 73, Chapter 18, State Boating Act, except Section 73-18-12;
2798          (G) Title 73, Chapter 18a, Boating - Litter and Pollution Control;
2799          (H) Title 73, Chapter 18b, Water Safety; and
2800          (I) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and Operators

2801     Act.
2802          (2) Except for an offense for which the district court has exclusive jurisdiction under
2803     Section 78A-5-102.5 or an offense for which the juvenile court has exclusive jurisdiction under
2804     Section 78A-6-103.5, a justice court has original jurisdiction over the following offenses
2805     committed within the justice court's territorial jurisdiction by an individual who is 16 or 17
2806     years old:
2807          (a) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2, Driver
2808     Licensing Act; and
2809          (b) class B and C misdemeanor and infraction violations of:
2810          (i) [Title 23, Wildlife Resources Code of Utah] Title 23A, Wildlife Resources Act;
2811          (ii) Title 41, Chapter 1a, Motor Vehicle Act;
2812          (iii) Title 41, Chapter 6a, Traffic Code, except Title 41, Chapter 6a, Part 5, Driving
2813     Under the Influence and Reckless Driving;
2814          (iv) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
2815     Operators Act;
2816          (v) Title 41, Chapter 22, Off-highway Vehicles;
2817          (vi) Title 73, Chapter 18, State Boating Act, except for an offense under Section
2818     73-18-12;
2819          (vii) Title 73, Chapter 18a, Boating - Litter and Pollution Control;
2820          (viii) Title 73, Chapter 18b, Water Safety; and
2821          (ix) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and
2822     Operators Act.
2823          (3) (a) As used in this Subsection (3), "body of water" includes any stream, river, lake,
2824     or reservoir, whether natural or man-made.
2825          (b) An offense is committed within the territorial jurisdiction of a justice court if:
2826          (i) conduct constituting an element of the offense or a result constituting an element of
2827     the offense occurs within the court's jurisdiction, regardless of whether the conduct or result is
2828     itself unlawful;

2829          (ii) either an individual committing an offense or a victim of an offense is located
2830     within the court's jurisdiction at the time the offense is committed;
2831          (iii) either a cause of injury occurs within the court's jurisdiction or the injury occurs
2832     within the court's jurisdiction;
2833          (iv) an individual commits any act constituting an element of an inchoate offense
2834     within the court's jurisdiction, including an agreement in a conspiracy;
2835          (v) an individual solicits, aids, or abets, or attempts to solicit, aid, or abet another
2836     individual in the planning or commission of an offense within the court's jurisdiction;
2837          (vi) the investigation of the offense does not readily indicate in which court's
2838     jurisdiction the offense occurred, and:
2839          (A) the offense is committed upon or in any railroad car, vehicle, watercraft, or aircraft
2840     passing within the court's jurisdiction;
2841          (B) the offense is committed on or in any body of water bordering on or within this
2842     state if the territorial limits of the justice court are adjacent to the body of water;
2843          (C) an individual who commits theft exercises control over the affected property within
2844     the court's jurisdiction; or
2845          (D) the offense is committed on or near the boundary of the court's jurisdiction;
2846          (vii) the offense consists of an unlawful communication that was initiated or received
2847     within the court's jurisdiction; or
2848          (viii) jurisdiction is otherwise specifically provided by law.
2849          (4) If in a criminal case the defendant is 16 or 17 years old, a justice court judge may
2850     transfer the case to the juvenile court for further proceedings if the justice court judge
2851     determines and the juvenile court concurs that the best interests of the defendant would be
2852     served by the continuing jurisdiction of the juvenile court.
2853          (5) Justice courts have jurisdiction of small claims cases under Title 78A, Chapter 8,
2854     Small Claims Courts, if a defendant resides in or the debt arose within the territorial
2855     jurisdiction of the justice court.
2856          (6) (a) As used in this Subsection (6), "domestic violence offense" means the same as

2857     that term is defined in Section 77-36-1.
2858          (b) If a justice court has jurisdiction over a criminal action involving a domestic
2859     violence offense and the criminal action is set for trial, the prosecuting attorney or the
2860     defendant may file a notice of transfer in the justice court to transfer the criminal action from
2861     the justice court to the district court.
2862          (c) If a justice court receives a notice of transfer from the prosecuting attorney or the
2863     defendant as described in Subsection (6)(b), the justice court shall transfer the criminal action
2864     to the district court.
2865          Section 54. Section 78A-7-120 is amended to read:
2866          78A-7-120. Disposition of fines.
2867          (1) (a) Except as otherwise specified by this section, fines and forfeitures collected by a
2868     justice court shall be remitted as follows:
2869          (i) 50% to the treasurer of the local government responsible for the court; and
2870          (ii) 50% to the treasurer of the local government which prosecutes or which would
2871     prosecute the violation.
2872          (b) An interlocal agreement created pursuant to Title 11, Chapter 13, Interlocal
2873     Cooperation Act, and related to justice courts may alter the ratio described in Subsection (1)(a)
2874     if the parties agree.
2875          (2) (a) For violation of [Title 23, Wildlife Resources Code of Utah] Title 23A, Wildlife
2876     Resources Act, the court shall allocate 85% to the Division of Wildlife Resources and 15% to
2877     the general fund of the local government responsible for the justice court.
2878          (b) For violation of Title 41, Chapter 22, Off-highway Vehicles, or Title 73, Chapter
2879     18, State Boating Act, the court shall allocate 85% to the Division of Outdoor Recreation and
2880     15% to the general fund of the local government responsible for the justice court.
2881          (c) Fines and forfeitures collected by the court for a violation of Section 41-6a-1302 in
2882     instances where evidence of the violation was obtained by an automated traffic enforcement
2883     safety device as described in Section 41-6a-1310 shall be remitted:
2884          (i) 20% to the school district or private school that owns or contracts for the use of the

2885     school bus; and
2886          (ii) 80% in accordance with Subsection (1).
2887          (3) The surcharge established by Section 51-9-401 shall be paid to the state treasurer
2888     and deposited into the General Fund.
2889          (4) Fines, fees, court costs, and forfeitures collected by a municipal or county justice
2890     court for a violation of Section 72-7-404 or 72-7-406 regarding maximum weight limitations
2891     and overweight permits, minus court costs not to exceed the schedule adopted by the Judicial
2892     Council, shall be paid to the state treasurer and allocated to the Department of Transportation
2893     for class B and class C roads.
2894          (5) Revenue allocated for class B and class C roads pursuant to Subsection (4) or
2895     Subsection (7) is supplemental to the money appropriated under Section 72-2-107 but shall be
2896     expended in the same manner as other class B and class C road funds.
2897          (6) (a) Fines and forfeitures collected by the court for a second or subsequent violation
2898     under Section 41-6a-1713 or Subsection 72-7-409(6)(c) shall be remitted:
2899          (i) 60% to the state treasurer to be deposited into the Transportation Fund; and
2900          (ii) 40% in accordance with Subsection (1).
2901          (b) Fines and forfeitures collected by the court for a second or subsequent violation
2902     under Subsection 72-7-409(6)(d) shall be remitted:
2903          (i) 50% to the state treasurer to be deposited into the Transportation Fund; and
2904          (ii) 50% in accordance with Subsection (1).
2905          (7) (a) Revenue from traffic fines may not exceed 25% of a local government's total
2906     general fund revenue for a fiscal year.
2907          (b) No later than 30 days after the day on which a local government's fiscal year ends, a
2908     local government that receives traffic fine revenue shall:
2909          (i) for the immediately preceding fiscal year, determine the amount of traffic fine
2910     revenue that exceeds the amount described in Subsection (7)(a); and
2911          (ii) transfer the amount calculated under Subsection (7)(b)(i) to the state treasurer to be
2912     allocated to the Department of Transportation for class B and class C roads.

2913          Section 55. Section 78B-6-501 is amended to read:
2914          78B-6-501. Eminent domain -- Uses for which right may be exercised --
2915     Limitations on eminent domain.
2916          (1) As used in this section, "century farm" means real property that is:
2917          (a) assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act; and
2918          (b) owned or held by the same family for a continuous period of 100 years or more.
2919          (2) Except as provided in Subsections (3) and (4) and subject to the provisions of this
2920     part, the right of eminent domain may be exercised on behalf of the following public uses:
2921          (a) all public uses authorized by the federal government;
2922          (b) public buildings and grounds for the use of the state, and all other public uses
2923     authorized by the Legislature;
2924          (c) (i) public buildings and grounds for the use of any county, city, town, or board of
2925     education;
2926          (ii) reservoirs, canals, aqueducts, flumes, ditches, or pipes for conducting water or
2927     sewage, including to or from a development, for the use of the inhabitants of any county, city,
2928     or town, or for the draining of any county, city, or town;
2929          (iii) the raising of the banks of streams, removing obstructions from streams, and
2930     widening, deepening, or straightening their channels;
2931          (iv) bicycle paths and sidewalks adjacent to paved roads;
2932          (v) roads, byroads, streets, and alleys for public vehicular use, including for access to a
2933     development; and
2934          (vi) all other public uses for the benefit of any county, city, or town, or its inhabitants;
2935          (d) wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank
2936     and turnpike roads, roads for transportation by traction engines or road locomotives, roads for
2937     logging or lumbering purposes, and railroads and street railways for public transportation;
2938          (e) reservoirs, dams, watergates, canals, ditches, flumes, tunnels, aqueducts and pipes
2939     for the supplying of persons, mines, mills, smelters or other works for the reduction of ores,
2940     with water for domestic or other uses, or for irrigation purposes, or for the draining and

2941     reclaiming of lands, or for solar evaporation ponds and other facilities for the recovery of
2942     minerals in solution;
2943          (f) (i) roads, railroads, tramways, tunnels, ditches, flumes, pipes, and dumping places
2944     to access or facilitate the milling, smelting, or other reduction of ores, or the working of mines,
2945     quarries, coal mines, or mineral deposits including oil, gas, and minerals in solution;
2946          (ii) outlets, natural or otherwise, for the deposit or conduct of tailings, refuse or water
2947     from mills, smelters or other works for the reduction of ores, or from mines, quarries, coal
2948     mines or mineral deposits including minerals in solution;
2949          (iii) mill dams;
2950          (iv) gas, oil or coal pipelines, tanks or reservoirs, including any subsurface stratum or
2951     formation in any land for the underground storage of natural gas, and in connection with that,
2952     any other interests in property which may be required to adequately examine, prepare,
2953     maintain, and operate underground natural gas storage facilities;
2954          (v) solar evaporation ponds and other facilities for the recovery of minerals in solution;
2955     and
2956          (vi) any occupancy in common by the owners or possessors of different mines,
2957     quarries, coal mines, mineral deposits, mills, smelters, or other places for the reduction of ores,
2958     or any place for the flow, deposit or conduct of tailings or refuse matter;
2959          (g) byroads leading from a highway to:
2960          (i) a residence; or
2961          (ii) a farm;
2962          (h) telecommunications, electric light and electric power lines, sites for electric light
2963     and power plants, or sites for the transmission of broadcast signals from a station licensed by
2964     the Federal Communications Commission in accordance with 47 C.F.R. Part 73 and that
2965     provides emergency broadcast services;
2966          (i) sewage service for:
2967          (i) a city, a town, or any settlement of not fewer than 10 families;
2968          (ii) a public building belonging to the state; or

2969          (iii) a college or university;
2970          (j) canals, reservoirs, dams, ditches, flumes, aqueducts, and pipes for supplying and
2971     storing water for the operation of machinery for the purpose of generating and transmitting
2972     electricity for power, light or heat;
2973          (k) cemeteries and public parks; and
2974          (l) sites for mills, smelters or other works for the reduction of ores and necessary to
2975     their successful operation, including the right to take lands for the discharge and natural
2976     distribution of smoke, fumes, and dust, produced by the operation of works, provided that the
2977     powers granted by this section may not be exercised in any county where the population
2978     exceeds 20,000, or within one mile of the limits of any city or incorporated town nor unless the
2979     proposed condemner has the right to operate by purchase, option to purchase or easement, at
2980     least 75% in value of land acreage owned by persons or corporations situated within a radius of
2981     four miles from the mill, smelter or other works for the reduction of ores; nor beyond the limits
2982     of the four-mile radius; nor as to lands covered by contracts, easements, or agreements existing
2983     between the condemner and the owner of land within the limit and providing for the operation
2984     of such mill, smelter, or other works for the reduction of ores; nor until an action shall have
2985     been commenced to restrain the operation of such mill, smelter, or other works for the
2986     reduction of ores.
2987          (3) The right of eminent domain may not be exercised on behalf of the following uses:
2988          (a) except as provided in Subsection (2)(c)(iv), trails, paths, or other ways for walking,
2989     hiking, bicycling, equestrian use, or other recreational uses, or whose primary purpose is as a
2990     foot path, equestrian trail, bicycle path, or walkway;
2991          (b) (i) a public park whose primary purpose is:
2992          (A) as a trail, path, or other way for walking, hiking, bicycling, or equestrian use; or
2993          (B) to connect other trails, paths, or other ways for walking, hiking, bicycling, or
2994     equestrian use; or
2995          (ii) a public park established on real property that is:
2996          (A) a century farm; and

2997          (B) located in a county of the first class.
2998          (4) (a) The right of eminent domain may not be exercised within a migratory bird
2999     production area created on or before December 31, 2020, under [Title 23, Chapter 28,
3000     Migratory Bird Production Area] Title 23A, Chapter 13, Migratory Bird Production Area,
3001     except as follows:
3002          (i) subject to Subsection (4)(b), an electric utility may condemn land within a migratory
3003     bird production area located in a county of the first class only for the purpose of installing
3004     buried power lines;
3005          (ii) an electric utility may condemn land within a migratory bird production area in a
3006     county other than a county of the first class to install:
3007          (A) buried power lines; or
3008          (B) a new overhead transmission line that is parallel to and abutting an existing
3009     overhead transmission line or collocated within an existing overhead transmission line right of
3010     way; or
3011          (iii) the Department of Transportation may exercise eminent domain for the purpose of
3012     the construction of the West Davis Highway.
3013          (b) Before exercising the right of eminent domain under Subsection (4)(a)(i), the
3014     electric utility shall demonstrate that:
3015          (i) the proposed condemnation would not have an unreasonable adverse effect on the
3016     preservation, use, and enhancement of the migratory bird production area; and
3017          (ii) there is no reasonable alternative to constructing the power line within the
3018     boundaries of a migratory bird production area.
3019          Section 56. Section 79-1-104 is amended to read:
3020          79-1-104. Application of title to wildlife issues.
3021          (1) The following may not be construed or applied to supersede or interfere with the
3022     powers and duties of the Division of Wildlife Resources or the Wildlife Board under [Title 23,
3023     Wildlife Resources Code of Utah] Title 23A, Wildlife Resources Act, over the activities
3024     described in Subsection (2):

3025          (a) Chapter 4, State Parks;
3026          (b) Chapter 5, Recreational Trails;
3027          (c) Chapter 7, Outdoor Recreation Act; and
3028          (d) Chapter 8, Outdoor Recreation Grants.
3029          (2) Subsection (1) applies to the powers and duties of the Division of Wildlife
3030     Resources or the Wildlife Board over:
3031          (a) conservation and management of protected wildlife within the state;
3032          (b) a program or initiative to restore and conserve habitat for fish and wildlife; or
3033          (c) acquisition, ownership, management, and control of real property or a real property
3034     interest, including a leasehold estate, an easement, a right-of-way, or a conservation easement.
3035          Section 57. Section 79-2-102 is amended to read:
3036          79-2-102. Definitions.
3037          As used in this chapter:
3038          (1) "Conservation officer" is as defined in Section [23-13-2] 23A-1-101.
3039          (2) "Species protection" means an action to protect a plant or animal species identified
3040     as:
3041          (a) sensitive by the state; or
3042          (b) threatened or endangered under the Endangered Species Act of 1973, 16 U.S.C.
3043     Sec. 1531 et seq.
3044          (3) "Volunteer" means a person who donates a service to the department or a division
3045     of the department without pay or other compensation.
3046          Section 58. Section 79-2-201 is amended to read:
3047          79-2-201. Department of Natural Resources created.
3048          (1) There is created the Department of Natural Resources.
3049          (2) The department comprises the following:
3050          (a) Board of Water Resources, created in Section 73-10-1.5;
3051          (b) Board of Oil, Gas, and Mining, created in Section 40-6-4;
3052          (c) Board of State Parks, created in Section 79-4-301;

3053          (d) Office of Energy Development, created in Section 79-6-401;
3054          (e) Wildlife Board, created in Section [23-14-2] 23A-2-301;
3055          (f) Board of the Utah Geological Survey, created in Section 79-3-301;
3056          (g) Water Development Coordinating Council, created in Section 73-10c-3;
3057          (h) Division of Water Rights, created in Section 73-2-1.1;
3058          (i) Division of Water Resources, created in Section 73-10-18;
3059          (j) Division of Forestry, Fire, and State Lands, created in Section 65A-1-4;
3060          (k) Division of Oil, Gas, and Mining, created in Section 40-6-15;
3061          (l) Division of State Parks, created in Section 79-4-201;
3062          (m) Division of Outdoor Recreation, created in Section 79-7-201;
3063          (n) Division of Wildlife Resources, created in Section [23-14-1] 23A-2-201;
3064          (o) Utah Geological Survey, created in Section 79-3-201;
3065          (p) Heritage Trees Advisory Committee, created in Section 65A-8-306;
3066          (q) Utah Outdoor Recreation Infrastructure Advisory Committee, created in Section
3067     79-7-206;
3068          (r) (i) an advisory council that includes in the advisory council's duties advising on
3069     state boating policy, authorized by Section 73-18-3.5; or
3070          (ii) an advisory council that includes in the advisory council's duties advising on
3071     off-highway vehicle use, authorized by Section 41-22-10;
3072          (s) Wildlife Board Nominating Committee, created in Section [23-14-2.5] 23A-2-302;
3073          (t) Wildlife Regional Advisory Councils, created in Section [23-14-2.6] 23A-2-303;
3074          (u) Utah Watersheds Council, created in Section 73-10g-304;
3075          (v) Utah Natural Resources Legacy Fund Board, created in Section [23-31-202]
3076     23A-3-305; and
3077          (w) Public Lands Policy Coordinating Office created in Section 63L-11-201.
3078          Section 59. Section 79-2-601 is amended to read:
3079          79-2-601. Definitions.
3080          As used in this part:

3081          (1) "Administrative costs" means the costs of administering the initiative, including
3082     costs for staffing, rent, data processing, legal, finance, accounting, travel, maintenance, and
3083     office supplies.
3084          (2) "Director" means the director of the initiative who is appointed under Section
3085     79-2-602.
3086          (3) "Division" means the Division of Wildlife Resources created in Section [23-14-1]
3087     23A-2-201.
3088          (4) "Initiative" means the Watershed Restoration Initiative created in Section 79-2-602.
3089          (5) "Restoration" means to assist the recovery of ecosystems and ecosystem services
3090     that have been mismanaged, degraded, or destroyed.
3091          (6) "Watershed" means the geographical surface area that drains water into a stream,
3092     river, or other body of water.
3093          Section 60. Effective date.
3094          This bill takes effect on July 1, 2023.
3095          Section 61. Revisor instructions.
3096          The Legislature intends that the Office of Legislative Research and General Counsel, in
3097     preparing the Utah Code database for publication, not enroll this bill if H.B. 30, Wildlife
3098     Resources Code Recodification, does not pass.