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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 [
169 regulated by the Division of Wildlife Resources in accordance with Sections [
170
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 [
241 Division of Wildlife Resources under Section [
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 [
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 [
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 [
295 (6) "Natural lake" means the same as that term is defined in Section [
296 23A-1-101.
297 (7) "Private fish pond" means the same as that term is defined in Section [
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 [
306 (11) "Short-term fishing event" means the same as that term is defined in Section
307 [
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 [
323 23A-5-311, the person is guilty of a violation of Section[
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 [
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 [
360 (iii) stocks the species and reproductive capability of aquatic animals authorized by the
361 Wildlife Board in accordance with Section [
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 [
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 [
409
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 [
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 [
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 [
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 [
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 [
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 [
672
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 [
690 23A-2-201, to regulate under [
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 [
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 [
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 [
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 [
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 [
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 [
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 [
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 [
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 [
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 [
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 [
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 [
1293
1294 operated for any purpose allowed under [
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 [
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 [
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 [
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 [
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 [
1365 (b) "Threatened" is as defined in Section [
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 [
1401
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 [
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 [
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 [
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 [
1608 Committee, is repealed July 1, 2023.
1609 (2) Section [
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 [
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 [
1772
1773 [
1774 [
1775 [
1776 Subsection 26-18-3(7).
1777 [
1778 Section 26-46-102.
1779 [
1780 26-46a-103.
1781 [
1782 [
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 [
1789 accordance with Subsection 32B-2-301(8)(a) or (b).
1790 [
1791 Workforce Services, as provided in Section 35A-3-401.
1792 [
1793 [
1794 (a) purchase and distribution of license plates and decals; and
1795 (b) administration and enforcement of motor vehicle registration requirements.
1796 [
1797 Section 53-2a-1102.
1798 [
1799 [
1800 provided in Section 53B-6-104.
1801 [
1802 Subsection 53G-10-608(6).
1803 [
1804 Section 62A-5-102.
1805 [
1806 storage tanks under Section 63A-9-401.
1807 [
1808 [
1809 under Section 63A-16-903.
1810 [
1811 63G-3-402.
1812 [
1813 Colorado River Authority of Utah Act.
1814 [
1815 Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
1816 [
1817 Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment
1818 Expansion Program.
1819 [
1820 65A-2-8.
1821 [
1822 provided in Section 63A-17-106.
1823 [
1824 fund, as provided in Section 69-2-301.
1825 [
1826 [
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 [
1830 in Section 77-10a-19.
1831 [
1832 78A-6-210.
1833 [
1834 [
1835 [
1836 and 78B-6-144.5.
1837 [
1838 Defense Commission.
1839 [
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 [
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 [
1873
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 [
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 [
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 [
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 [
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 [
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 [
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 [
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 [
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 [
2145 (b) that is:
2146 (i) properly posted, as defined in Section [
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 [
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 [
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 [
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 [
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 [
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 [
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 [
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 [
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 [
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 [
2495
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 [
2617 (b) Section [
2618 (c) Section [
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 [
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 [
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 [
2742
2743 or Title 73, Chapter 18, State Boating Act, shall be paid to the state treasurer.
2744 (b) For violations of [
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) [
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) [
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 [
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 [
3000
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 [
3023
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 [
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 [
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 [
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 [
3073 (t) Wildlife Regional Advisory Councils, created in Section [
3074 (u) Utah Watersheds Council, created in Section 73-10g-304;
3075 (v) Utah Natural Resources Legacy Fund Board, created in Section [
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 [
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.