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H.B. 180

1    

SUNSET REAUTHORIZATIONS

2    
1997 GENERAL SESSION

3    
STATE OF UTAH

4    
Sponsor: Melvin R. Brown

5    AN ACT RELATING TO STATE AFFAIRS; REAUTHORIZING FOR FIVE TO TEN YEARS
6    STATE AGENCIES, PROGRAMS, ACTS, AND TAX CREDITS; REPEALING CERTAIN
7    SUNSETS; AND PROVIDING AN EFFECTIVE DATE.
8    This act affects sections of Utah Code Annotated 1953 as follows:
9    AMENDS:
10         59-7-606, as renumbered and amended by Chapter 169, Laws of Utah 1993
11         59-7-607, as enacted by Chapter 251, Laws of Utah 1994
12         59-10-128, as last amended by Chapter 170, Laws of Utah 1993
13         59-10-129, as enacted by Chapter 251, Laws of Utah 1994
14         63-55-204, as last amended by Chapter 24, Laws of Utah 1995
15         63-55-209, as last amended by Chapters 25 and 236, Laws of Utah 1996
16         63-55-223, as last amended by Chapter 159, Laws of Utah 1996
17         63-55-226, as last amended by Chapters 25 and 266, Laws of Utah 1996
18         63-55-230, as last amended by Chapter 255, Laws of Utah 1996
19         63-55-231, as last amended by Chapters 2, 25 and 143, Laws of Utah 1996
20         63-55-241, as last amended by Chapters 2 and 25, Laws of Utah 1996
21         63-55-253, as last amended by Chapters 25 and 37, Laws of Utah 1996
22         63-55-253.5, as last amended by Chapter 24, Laws of Utah 1995
23         63-55-258, as last amended by Chapters 25, 76, 96, 116, 232, 247, 248, 253 and 282, Laws of
24    Utah 1996
25         63-55-259, as last amended by Chapter 25, Laws of Utah 1996
26         63-55-262 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
27         63-55-263, as last amended by Chapters 25, 136, 159, 186 and 242, Laws of Utah 1996


1         63-55-273, as last amended by Chapter 4, Laws of Utah 1991
2         63-55-278, as last amended by Chapters 24 and 355, Laws of Utah 1995
3         63-63a-8, as last amended by Chapters 1 and 255, Laws of Utah 1996
4    REPEALS:
5         30-3-38, as enacted by Chapter 255, Laws of Utah 1996
6         59-7-604, as last amended by Chapter 42, Laws of Utah 1995
7    Be it enacted by the Legislature of the state of Utah:
8        Section 1. Section 59-7-606 is amended to read:
9         59-7-606. Credit -- Items using cleaner burning fuels.
10        (1) As used in this section, "board" means the Air Quality Board created under Title 19,
11    Chapter 2, Environmental Quality Code.
12        (2) For tax years beginning January 1, 1992, and ending December 31, [1997] 2002, there
13    is a credit against tax otherwise due under this chapter in an amount equal to 10%, up to a
14    maximum of $50, of the total of both the purchase cost and installation services cost of each pellet
15    burning stove, high mass wood stove, and solid fuel burning device purchased and installed that
16    is certified by the federal Environmental Protection Agency in accordance with test procedures
17    prescribed in 40 C.F.R. Sec. 60.534, including purchase cost and installation service cost of
18    natural gas or propane free standing fireplaces or inserts, but not including fireplace logs.
19        (3) A taxpayer shall provide proof of the purchase of an item for which a credit is allowed
20    under this section by:
21        (a) providing proof to the board in the form it requires by rule;
22        (b) receiving a written statement from the board acknowledging receipt of the proof; and
23        (c) attaching the written statement obtained from the board to the tax return in which the
24    credit is claimed.
25        (4) This credit is allowed only:
26        (a) against any Utah tax owed in the taxable year by the taxpayer; and
27        (b) in the taxable year in which the item is purchased for which the credit is claimed.
28        Section 2. Section 59-7-607 is amended to read:
29         59-7-607. Utah low-income housing tax credit.
30        (1) As used in this section:
31        (a) "Agency" means the Utah Housing Finance Agency.

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1        (b) "Allocation certificate" means:
2        (i) the certificate prescribed by the tax commission and issued by the agency to the
3    taxpayer that specifies the percentage of the annual federal low-income housing tax credit that the
4    taxpayer may take as an annual credit against state income tax; or
5        (ii) a copy of the allocation certificate that the housing sponsor provides to the taxpayer.
6        (c) "Federal low-income housing tax credit" means the credit under Section 42, Internal
7    Revenue Code.
8        (d) "Housing sponsor" means a corporation in the case of a C corporation, a partnership
9    in the case of a partnership, a corporation in the case of an S corporation, or a limited liability
10    company in the case of a limited liability company.
11        (e) "Qualified allocation plan" means the qualified allocation plan adopted by the agency
12    pursuant to Section 42(m), Internal Revenue Code.
13        (f) "Taxpayer" means the person entitled to the tax credit provided under this section
14    which is the corporation in the case of a C corporation, the partners in the case of a partnership,
15    the shareholders in the case of an S corporation, and the members in the case of a limited liability
16    company.
17        (2) (a) For tax years beginning on or after January 1, 1995, there is allowed, a
18    nonrefundable tax credit against taxes otherwise due under this chapter or Chapter 8, for taxpayers
19    issued an allocation certificate.
20        (b) The credit shall be in an amount equal to the amount of federal low-income housing
21    tax credit to which the taxpayer is entitled during that year multiplied by the percentage specified
22    in an allocation certificate issued by the agency.
23        (c) (i) The aggregate annual tax credit which the agency may allocate in each of calendar
24    years 1995[, 1996, and 1997] through 2000 pursuant to this section and Section 59-10-129 shall
25    be an amount equal to 12.5 cents multiplied by the population of Utah for which taxpayers may
26    take each year during the ten-year credit period under Section 42, Internal Revenue Code.
27        (ii) For purposes of this section, the population of Utah shall be determined in accordance
28    with Section 146(j), Internal Revenue Code.
29        (3) By October 1, 1994, the agency shall determine criteria and procedures for allocating
30    the credit under this section and Section 59-10-129 and incorporate the criteria and procedures into
31    the agency's qualified allocation plan. The agency shall create the criteria based on:

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1        (a) the number of affordable housing units to be created in Utah for low and moderate
2    income persons in the residential housing development of which the building is a part;
3        (b) the level of area median income being served by the development;
4        (c) the need for the credit for the economic feasibility of the development; and
5        (d) the extended period for which the development commits to remain as affordable
6    housing.
7        (4) (a) Any housing sponsor that has received an allocation of the federal low-income
8    housing tax credit and any applicant for an allocation of the federal low-income housing credit
9    may apply to the agency for a credit under this section.
10        (b) The agency may not require fees for applications of the credit under this section in
11    addition to those fees required for applications for the federal low-income housing credit.
12        (5) (a) The agency shall determine the amount of the credit to allocate to a qualifying
13    housing sponsor in accordance with the qualified allocation plan of the agency.
14        (b) The agency shall allocate the credit to housing sponsors by issuing an allocation
15    certificate to qualifying housing sponsors. The allocation certificate shall specify the allowed
16    percentage of the federal low-income credit as determined by the agency.
17        (c) The percentage specified in an allocation certificate may not exceed 100% of the
18    federal low-income housing tax credit.
19        (6) If a partnership, an S corporation, or a limited liability company qualifies for the credit
20    provided in this section as a housing sponsor, it shall provide a copy of the allocation certificate
21    to the taxpayers of the entity.
22        (7) A taxpayer shall attach a copy of the allocation certificate to any return upon which a
23    credit is claimed under this section.
24        (8) (a) All elections made by the taxpayer pursuant to Section 42, Internal Revenue Code
25    shall apply to this section.
26        (b) If a taxpayer is required to recapture a portion of any federal low-income housing tax
27    credit, the taxpayer shall also be required to recapture a portion of any state credits authorized by
28    this section. The state recapture amount shall be equal to the percentage of the state credit that
29    equals the proportion the federal recapture amount bears to the original federal low-income
30    housing tax credit amount subject to recapture.
31        (9) (a) Any credits returned to the agency in any year may be reallocated within the same

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1    time period as provided in Section 42, Internal Revenue Code.
2        (b) Credits that are unallocated by the agency in any year may be carried over for
3    allocation in the subsequent year.
4        (10) Amounts otherwise qualifying for the credit, but not allowable because the credit
5    exceeds the tax, may be carried back three years or may be carried forward five years as a credit
6    against the tax. Carryover credits shall be applied against the tax before the application of the
7    credits earned in the current year and on a first-earned first-used basis.
8        (11) Any credit taken in this section may be subject to an annual audit by the commission.
9        (12) The agency shall provide an annual report to the Revenue and Taxation Interim
10    Committee which shall include at least:
11        (a) the purpose and effectiveness of the exemption; and
12        (b) the benefits of the exemption to the state.
13        (13) The tax commission may, in consultation with the agency, promulgate rules to
14    implement this section and Section 59-10-129.
15        Section 3. Section 59-10-128 is amended to read:
16         59-10-128. Credit -- Items using cleaner burning fuels.
17        (1) As used in this section, "board" means the Air Quality Board created under Title 19,
18    Chapter 2, Environmental Quality Code.
19        (2) For tax years beginning January 1, 1992, and ending December 31, [1997] 2002, there
20    is allowed a credit against tax otherwise due under this chapter in an amount equal to 10%, up to
21    a maximum of $50, of the total of both the purchase cost of and installation services cost of each
22    pellet burning stove, high mass wood stove, and solid fuel burning device that is certified by the
23    federal Environmental Protection Agency in accordance with test procedures prescribed in 40
24    C.F.R. Sec. 60.534, including purchase cost and installation service cost of natural gas or propane
25    free standing fireplaces or inserts, but not including fireplace logs.
26        (3) An individual shall provide proof of the purchase of an item for which a credit is
27    allowed under this section by:
28        (a) providing proof to the board in the form it requires by rule;
29        (b) receiving a written statement from the board acknowledging receipt of the proof; and
30        (c) attaching the written statement obtained from the board to the tax return in which the
31    credit is claimed.

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1        (4) This credit is allowed only:
2        (a) against any Utah tax owed in the taxable year by the taxpayer; and
3        (b) in the taxable year in which the item is purchased for which the credit is claimed.
4        Section 4. Section 59-10-129 is amended to read:
5         59-10-129. Utah low-income housing tax credit.
6        (1) As used in this section:
7        (a) "Agency" means the Utah Housing Finance Agency.
8        (b) "Allocation certificate" means:
9        (i) the certificate prescribed by the tax commission and issued by the agency to the
10    taxpayer that specifies the percentage of the annual federal low-income housing tax credit that the
11    taxpayer may take as an annual credit against state income tax; or
12        (ii) a copy of the allocation certificate that the housing sponsor provides to the taxpayer.
13        (c) "Federal low-income housing tax credit" means the credit under Section 42, Internal
14    Revenue Code.
15        (d) "Housing sponsor" means a corporation in the case of a C corporation, a partnership
16    in the case of a partnership, a corporation in the case of an S corporation, or a limited liability
17    company in the case of a limited liability company.
18        (e) "Qualified allocation plan" means the qualified allocation plan adopted by the agency
19    pursuant to Section 42(m), Internal Revenue Code.
20        (f) "Taxpayer" means the person entitled to the tax credit provided under this section
21    which is the corporation in the case of a C corporation, the partners in the case of a partnership,
22    the shareholders in the case of an S corporation, and the members in the case of a limited liability
23    company.
24        (2) (a) For tax years beginning on or after January 1, 1995, there is allowed, a
25    nonrefundable tax credit against taxes otherwise due under this chapter for taxpayers issued an
26    allocation certificate.
27        (b) The credit shall be in an amount equal to the amount of federal low-income housing
28    tax credit to which the taxpayer is entitled during that year multiplied by the percentage specified
29    in an allocation certificate issued by the agency.
30        (c) (i) The aggregate annual tax credit which the agency may allocate in each of calendar
31    years 1995[, 1996, and 1997] through 2000 pursuant to this section and Section 59-7-607 shall be

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1    an amount equal to 12.5 cents multiplied by the population of Utah for which taxpayers may take
2    each year during the ten-year credit period under Section 42, Internal Revenue Code.
3        (ii) For purposes of this section, the population of Utah shall be determined in accordance
4    with Section 146(j), Internal Revenue Code.
5        (3) By October 1, 1994, the agency shall determine criteria and procedures for allocating
6    the credit under this section and Section 59-7-607 and incorporate the criteria and procedures into
7    the agency's qualified allocation plan. The agency shall create the criteria based on:
8        (a) the number of affordable housing units to be created in Utah for low and moderate
9    income persons in the residential housing development of which the building is a part;
10        (b) the level of area median income being served by the development;
11        (c) the need for the credit for the economic feasibility of the development; and
12        (d) the extended period for which the development commits to remain as affordable
13    housing.
14        (4) (a) Any housing sponsor that has received an allocation of the federal low-income
15    housing tax credit and any applicant for an allocation of the federal low-income housing credit
16    may apply to the agency for a credit under this section.
17        (b) The agency may not require fees for applications of the credit under this section in
18    addition to those fees required for applications for the federal low-income housing credit.
19        (5) (a) The agency shall determine the amount of the credit to allocate to a qualifying
20    housing sponsor in accordance with the qualified allocation plan of the agency.
21        (b) The agency shall allocate the credit to housing sponsors by issuing an allocation
22    certificate to qualifying housing sponsors. The allocation certificate shall specify the allowed
23    percentage of the federal low-income credit as determined by the agency.
24        (c) The percentage specified in an allocation certificate may not exceed 100% of the
25    federal low-income housing tax credit.
26        (6) If a partnership, an S corporation, or a limited liability company qualifies for the credit
27    provided in this section as a housing sponsor, it shall provide a copy of the allocation certificate
28    to the taxpayers of the entity.
29        (7) A taxpayer shall attach a copy of the allocation certificate to any return upon which a
30    credit is claimed under this section.
31        (8) (a) All elections made by the taxpayer pursuant to Section 42, Internal Revenue Code

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1    shall apply to this section.
2        (b) If a taxpayer is required to recapture a portion of any federal low-income housing tax
3    credit, the taxpayer shall also be required to recapture a portion of any state credits authorized by
4    this section. The state recapture amount shall be equal to the percentage of the state credit that
5    equals the proportion the federal recapture amount bears to the original federal low-income
6    housing tax credit amount subject to recapture.
7        (9) (a) Any credits returned to the agency in any year may be reallocated within the same
8    time period as provided in Section 42, Internal Revenue Code.
9        (b) Credits that are unallocated by the agency in any year may be carried over for
10    allocation in the subsequent year.
11        (10) Amounts otherwise qualifying for the credit, but not allowable because the credit
12    exceeds the tax, may be carried back three years or may be carried forward five years as a credit
13    against the tax. Carryover credits shall be applied against the tax before the application of the
14    credits earned in the current year and on a first-earned first-used basis.
15        (11) Any credit taken in this section may be subject to an annual audit by the commission.
16        (12) The agency shall provide an annual report to the Revenue and Taxation Interim
17    Committee which shall include at least:
18        (a) the purpose and effectiveness of the exemption; and
19        (b) the benefits of the exemption to the state.
20        Section 6. Section 63-55-204 is amended to read:
21         63-55-204. Repeal dates, Title 4.
22        (1) The following divisions of the Department of Agriculture, created under the authority
23    of Section 4-2-4, are repealed on the following dates:
24        (a) The Division of Agricultural Development and Conservation is repealed July 1, [1997]
25    2007.
26        (b) Under the Division of Animal Industry:
27        (i) the Animal Identification Program is repealed July 1, [1997] 2007;
28        (ii) the Animal Health Program is repealed July 1, 1999; and
29        (iii) the Meat Inspection Program is repealed July 1, 1999.
30        (c) The Division of Food and Dairy, Weights and Measures, is repealed July 1, 2000.
31        (d) The Division of Marketing and Promotion is repealed July 1, 2002.

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1        (e) The Division of Plant Industry is repealed July 1, 2000.
2        (2) The Agricultural Advisory Board, created in Section 4-2-7, is repealed July 1, 2001.
3        (3) The Dairy Advisory Board, created in Section 4-3-15, is repealed July 1, 2000.
4        (4) The Bedding, Upholstered Furniture, and Clothing Advisory Committee, created in
5    Section 4-10-12, is repealed July 1, 2000.
6        (5) The Pesticide Committee, created in Section 4-14-10, is repealed July 1, 2000.
7        (6) The Soil Conservation Commission, created in Section 4-18-4, is repealed July 1,
8    [1997] 2007.
9        (7) The Utah Dairy Commission, created in Section 4-22-2, is repealed July 1, 2002.
10        (8) Title 4, Chapter 23, Agricultural and Wildlife Damage Prevention Act, is repealed July
11    1, 2004.
12        (9) The Livestock Brand Board, created in Section 4-24-4, is repealed July 1, [1997] 2007.
13        (10) The Livestock Market Committee, created in Section 4-30-2, is repealed July 1, 1999.
14        Section 7. Section 63-55-209 is amended to read:
15         63-55-209. Repeal dates, Title 9.
16        (1) (a) Title 9, Chapter 1, Part 2, Department of Community and Economic Development,
17    is repealed July 1, 2005.
18        (b) Title 9, Chapter 1, Part 8, Commission on National and Community Service Act, is
19    repealed July 1, 1999.
20        (2) Title 9, Chapter 2, Part 2, Division of Business and Economic Development, is
21    repealed July 1, 2002.
22        (3) Title 9, Chapter 2, Part 3, Small Business Advisory Council, is repealed July 1, 1999.
23        (4) Title 9, Chapter 2, Part 7, Utah Technology Finance Corporation, is repealed July 1,
24    2002.
25        (5) Section 9-2-1208 regarding waste tire recycling loans is repealed July 1, 2000.
26        (6) Title 9, Chapter 2, Part 16, Recycling Market Development Zone Act, is repealed July
27    1, 2000, Sections 59-7-608 and 59-10-108.7 are repealed for tax years beginning on or after
28    January 1, 2001.
29        (7) (a) Title 9, Chapter 3, Part 2, Division of Travel Development, is repealed July 1, 1999.
30        (b) Title 9, Chapter 3, Part 3, Heber Valley Historic Railroad Authority, is repealed July
31    1, 1999.

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1        (8) Title 9, Chapter 4, Part 4, Disaster Relief, is repealed July 1, 1999.
2        (9) Title 9, Chapter 4, Part 8, Homeless Coordinating Committee, is repealed July 1, 1998.
3        (10) Title 9, Chapter 4, Part 9, Utah Housing Finance Agency, is repealed July 1, 2006.
4        (11) Title 9, Chapter 6, Part 2, Division of Fine Arts, is repealed July 1, 1999.
5        (12) Title 9, Chapter 7, Part 2, State Library Division, is repealed July 1, 2005.
6        (13) Title 9, Chapter 8, Part 2, Division of State History, is repealed July 1, [1997] 2007.
7        (14) Title 9, Chapter 9, Part 1, Division of Indian Affairs, is repealed July 1, 2005.
8        Section 8. Section 63-55-223 is amended to read:
9         63-55-223. Repeal dates, Title 23.
10        (1) The Division of Wildlife Resources, created in Section 23-14-1, is repealed July 1,
11    1999.
12        (2) The Wildlife Board, created in Section 23-14-2, is repealed July 1, 1999.
13        (3) Title 23, Chapter 26, Wildlife Heritage Act, is repealed December 31, 1998.
14        [(4) Section 23-16-3.5, specifying procedures for the mitigation of damage by big game
15    to forage, fences, and irrigation equipment on private lands, is repealed July 1, 1997.]
16        [(5) Section 23-16-4, providing compensation for damage by big game, is repealed July
17    1, 1997.]
18        Section 9. Section 63-55-226 is amended to read:
19         63-55-226. Repeal dates, Title 26.
20        (1) The Health Data Committee, created in Section 26-1-7, is repealed July 1, 1999.
21        (2) The Utah Health Advisory Council, created in Section 26-1-7.5, is repealed July 1,
22    2001.
23        (3) The Executive Director's Office, created in Section 26-1-8, is repealed July 1, 2001.
24        (4) The Office of the Medical Examiner, created in Title 26, Chapter 4, is repealed July
25    1, 2000.
26        (5) The Medical Examiner Committee, created in Section 26-4-3, is repealed July 1, 2000.
27        (6) The Division of Community and Family Health Services, created in Title 26, Chapter
28    10, is repealed July 1, 2000.
29        (7) Title 26, Chapter 18, Medical Assistance Act, is repealed July 1, 2004.
30        (8) The Division of Health Care Financing, created in Section 26-18-2.1, is repealed July
31    1, 2004.

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1        (9) The [following divisions and offices] Division of Epidemiology created by the
2    Department of Health under Section 26-1-13 [are] is repealed [on the following dates:] July 1,
3    2001.
4        [(a) The Division of Community Health Services is repealed July 1, 1997.]
5        [(b) The State Health Laboratory is repealed July 1, 2001.]
6        (10) The recycling fee imposed under Section 26-32a-104 in Title 26, Chapter 32a, Waste
7    Tire Recycling Act, is repealed July 1, 2000.
8        (11) Section 26-32a-114 is repealed July 1, 2000.
9        [(12) The Children's Organ Transplant Coordinating Committee created in Title 26,
10    Chapter 18a, is repealed at the end of the 1997 taxable year.]
11        Section 10. Section 63-55-230 is amended to read:
12         63-55-230. Repeal dates, Title 30.
13        [(1)] Section 30-3-11.3, Mandatory Educational Course for Divorcing Parents Program,
14    is repealed July 1, 1999.
15        [(2) Section 30-3-38, Pilot Program for Expedited Visitation Enforcement, is repealed July
16    1, 1997.]
17        Section 11. Section 63-55-231 is amended to read:
18         63-55-231. Repeal dates, Title 31A.
19        (1) Title 31A, Insurance Code, is repealed July 1, 2005.
20        (2) Section 31A-2-208.5, Comparison tables, is repealed July 1, 2005.
21        (3) Section 31A-22-315, Motor Vehicle Insurance Reporting, is repealed July 1, 1998.
22        (4) Title 31A, Chapter 31, Insurance Fraud Act, is repealed July 1, [1997] 2007.
23        (5) Title 31A, Chapter 32, Medical Care Savings Account Act, is repealed beginning with
24    the 1999 taxable year and shall be reviewed by July 1, 1998.
25        (6) Title 31A, Chapter 34, Voluntary Health Insurance Purchasing Alliance Act, is
26    repealed July 1, 1999.
27        Section 12. Section 63-55-241 is amended to read:
28         63-55-241. Repeal dates, Title 41.
29        The following provisions of Title 41 are repealed on the following dates:
30        (1) Chapter 1a, the Motor Vehicle Division, is repealed July 1, 1999.
31        (2) Section 41-1a-120, Participation in Uninsured Motorist Identification Database

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1    Program, is repealed July 1, 1998.
2        (3) Subsection 41-1a-203(1)(g) and Section 41-1a-1218, Insurance Verification Fee for
3    Tracking Motor Vehicle Insurance, is repealed July 1, 1998.
4        (4) Chapter 3, the Motor Vehicle Enforcement Division, is repealed July 1, [1997] 2007.
5        (5) Section 41-6-163.6, the emissions inspection program for motor vehicles, is repealed
6    July 1, 1999.
7        (6) Title 41, Chapter 12a, Part VIII, Uninsured Motorist Identification Database Program,
8    is repealed July 1, 1998.
9        (7) The Off-highway Vehicle Advisory Council, created in Section 41-22-10, is repealed
10    July 1, [1997] 2007.
11        (8) The Multistate Highway Transportation Cooperating Committee, created in Article IV
12    of Section 41-23-2, is repealed July 1, 2002.
13        Section 13. Section 63-55-253 is amended to read:
14         63-55-253. Repeal dates, Titles 53A, 53B.
15        (1) The following provisions of Title 53A are repealed on the following dates:
16        (a) The State Textbook Commission, created in Section 53A-14-101, is repealed July 1,
17    2001.
18        (b) Section 53A-15-204, the Displaced Homemaker Program, together with the provision
19    for funding that program contained in Subsection 17-5-214(3)(b), is repealed July 1, [1997] 2007.
20        (c) Title 53A, Chapter 20a, Public Education Revenue Bond Act, is repealed July 1, [1997]
21    2007.
22        (d) The advisory council for the Division of Services for the Blind and Visually Impaired,
23    appointed in Section 53A-24-305, is repealed July 1, 2006.
24        (e) The institutional council for the Schools for the Deaf and Blind, created in Section
25    53A-25-301, is repealed July 1, 2005.
26        (2) The following provisions of Title 53B are repealed on the following dates:
27        (a) The State Board of Regents, created in Section 53B-1-103, is repealed July 1, 2001.
28        (b) The following Boards of Trustees, created in Section 53B-2-103, are repealed on the
29    following dates:
30        (i) University of Utah is repealed July 1, 2002.
31        (ii) Utah State University is repealed July 1, 2003.

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1        (iii) Weber State University is repealed July 1, 2004.
2        (iv) Southern Utah University is repealed July 1, 1999.
3        (v) Snow College is repealed July 1, [1997] 2007.
4        (vi) Dixie College is repealed July 1, 2000.
5        (vii) College of Eastern Utah is repealed July 1, 1998.
6        (viii) Utah Valley State College is repealed July 1, 2006.
7        (ix) Salt Lake Community College is repealed July 1, 2005.
8        Section 14. Section 63-55-253.5 is amended to read:
9         63-55-253.5. Repeal dates, Title 53.
10        The following provisions of Title 53 are repealed on the following dates:
11        (1) Title 53, the Department of Public Safety, is repealed July 1, 2003.
12        (2) Chapter 1, Part 2, the Administrative Services Division, is repealed July 1, 2003.
13        (3) Chapter 1, Part 3, the Management Information Services Division, is repealed July 1,
14    2003.
15        (4) Chapter 2, the Comprehensive Emergency Management Division, is repealed July 1,
16    2001.
17        (5) Chapter 3, the Driver License Division, is repealed July 1, [1997] 2007.
18        (6) Chapter 4, the Investigations Division, is repealed July 1, 1999.
19        (7) Chapter 5, the Law Enforcement and Technical Services Division, is repealed July 1,
20    2005.
21        (8) Chapter 6, the Peace Officer Standards and Training Division, is repealed July 1, 2001.
22        (9) Chapter 7, the State Fire Marshal Division, is repealed July 1, 1999.
23        (10) Chapter 8, the Utah Highway Patrol Division, is repealed July 1, [1997] 2007.
24        Section 15. Section 63-55-258 is amended to read:
25         63-55-258. Repeal dates, Title 58.
26        (1) Title 58, Chapter 1, Division of Occupational and Professional Licensing Act, is
27    repealed July 1, 2006.
28        (2) Title 58, Chapter [3] 3a, Architects Licensing Act, is repealed July 1, 2003.
29        (3) Title 58, Chapter 5a, Podiatric Physician Licensing Act, is repealed July 1, 2002.
30        (4) Title 58, Chapter 9, Funeral Services Licensing Act, is repealed July 1, 1998.
31        (5) Title 58, Chapter 11a, Cosmetologist/Barber Licensing Act, is repealed July 1, 2006.

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1        (6) (a) Title 58, Chapter 71, Naturopathic Physician Practice Act, is repealed July 1, 2006.
2        (b) Title 58, Chapter 13, Part 4, Health Care Providers Immunity from Liability Act, is
3    repealed July 1, 2006.
4        (c) Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2002.
5        (d) Title 58, Chapter 73, Chiropractic Physician Practice Act, is repealed July 1, 2006.
6        (7) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2005.
7        (8) Title 58, Chapter 16a, Utah Optometry Practice Act, is repealed July 1, 1999.
8        (9) Title 58, Chapter 17a, Pharmacy Practice Act, is repealed July 1, 2006.
9        (10) Title 58, Chapter 20a, Environmental Health Scientist Act, is repealed July 1, 2003.
10        (11) Title 58, Chapter 22, Professional Engineers and Land Surveyors Licensing Act, is
11    repealed July 1, 2005.
12        (12) Title 58, Chapter 24a, Physical Therapist Practice Act, is repealed July 1, 2003.
13        (13) Title 58, Chapter 26, Certified Public Accountant Licensing Act, is repealed July 1,
14    2002.
15        (14) Title 58, Chapter 28, Veterinary Practice Act, is repealed July 1, 2004.
16        (15) Title 58, Chapter 31, Nurse Practice Act, is repealed July 1, 2005.
17        (16) Title 58, Chapter 37, Utah Controlled Substances Act, is repealed July 1, [1997] 2007.
18        (17) Title 58, Chapter 37a, Utah Drug Paraphernalia Act, is repealed July 1, [1997] 2007.
19        (18) Title 58, Chapter 37b, Imitation Controlled Substances Act, is repealed July 1, [1997]
20    2007.
21        (19) Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1, 2005.
22        (20) Title 58, Chapter 41, Speech-language Pathology and Audiology Licensing Act, is
23    repealed July 1, 1999.
24        (21) Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1, 2005.
25        (22) Title 58, Chapter 44a, Nurse Midwife Practice Act, is repealed July 1, 2000.
26        (23) Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is repealed July
27    1, 2003.
28        (24) Title 58, Chapter 47b, Massage Practice Act, is repealed July 1, 2004.
29        (25) Title 58, Chapter 49, Dietitian Certification Act, is repealed July 1, 2005.
30        (26) Title 58, Chapter 50, Private Probation Provider Licensing Act, is repealed July 1,
31    2001.

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1        (27) Title 58, Chapter 53, Landscape Architects Licensing Act, is repealed July 1, 1998.
2        (28) Title 58, Chapter 59, Employee Leasing Company Licensing Act, is repealed July 1,
3    2002.
4        (29) Title 58, Chapter 60:
5        (a) Part 2, Social Worker Licensing Act, is repealed July 1, 2003;
6        (b) Part 3, Marriage and Family Therapist Licensing Act, is repealed July 1, 2004; and
7        (c) Part 4, Professional Counselor Licensing Act, is repealed July 1, 1999.
8        (30) Title 58, Chapter 61, Psychologist Licensing Act, is repealed July 1, 2002.
9        (31) Title 58, Chapter 66, Utah Professional Boxing Regulation Act, is repealed July 1,
10    2005.
11        (32) Title 58, Chapter 67, Utah Medical Practice Act, is repealed July 1, 2006.
12        (33) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, is repealed July 1, 2006.
13        (34) Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act, is repealed July 1,
14    2006.
15        Section 16. Section 63-55-259 is amended to read:
16         63-55-259. Repeal dates, Title 59.
17        (1) Title 59, Chapter 1, Part 9, Tax Review Commission, is repealed July 1, [1997] 2007.
18        (2) Title 59, Chapter 1, Part 11, Private Collection, is repealed July 1, 1998.
19        (3) Section 59-10-530.5, Homeless Trust Account, is repealed July 1, [1997] 2007.
20        (4) Title 59, Chapter 17a, State Appropriations and Tax Limitation Act, is repealed July
21    1, 2005.
22        Section 17. Section 63-55-262 (Effective 07/01/97) is amended to read:
23         63-55-262 (Effective 07/01/97). Repeal dates, Title 62A.
24        The following provisions of Title 62A, Human Services Code, are repealed on the
25    following dates:
26        (1) (a) The Board of Aging and Adult Services, created in Section 62A-1-105, is repealed
27    July 1, 2005.
28        (b) The Division of Aging and Adult Services, created in Section 62A-1-105, is repealed
29    July 1, 2005.
30        (2) (a) The Board of Child and Family Services, created in Section 62A-1-105, is repealed
31    July 1, 1998.

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1        (b) The Division of Child and Family Services, created in Sections 62A-1-105 and
2    62A-4a-103, is repealed July 1, 1998.
3        (3) (a) The Board of Mental Health, created in Section 62A-1-105, is repealed July 1,
4    [1997] 2007.
5        (b) The Division of Mental Health, created in Sections 62A-1-105 and 62A-12-102, is
6    repealed July 1, [1997] 2007.
7        (4) (a) The Board of Services for People with Disabilities, created in Section 62A-1-105,
8    is repealed July 1, 2001.
9        (b) The Division of Services for People with Disabilities within the Department of Human
10    Services, created in Sections 62A-1-105 and 62A-5-102, is repealed July 1, 2001.
11        (c) Title 62A, Chapter 5, Part 2, Utah State Developmental Center, is repealed July 1,
12    2001.
13        (5) (a) The Board of Substance Abuse, created in Section 62A-1-105, is repealed July 1,
14    [1997] 2007.
15        (b) The Division of Substance Abuse, created in Sections 62A-1-105 and 62A-8-103, is
16    repealed July 1, [1997] 2007.
17        (6) (a) The Board of Youth Corrections, created in Section 62A-1-105, is repealed July
18    1, 1999.
19        (b) The Division of Youth Corrections, created in Sections 62A-1-105 and 62A-7-102, is
20    repealed July 1, 1999.
21        (7) (a) Administrative Hearings within the department, authorized under Section
22    [62A-1-110] 62A-1-106, is repealed July 1, 2005.
23        (b) Administrative Services within the department, authorized under Section 62A-1-110,
24    is repealed July 1, 2001.
25        (8) The Office of Recovery Services within the department, created in Sections 62A-1-105
26    and 62A-11-102, is repealed July 1, [1997] 2007.
27        (9) The Coordinating Council for Persons with Disabilities, created in Section
28    62A-5a-103, is repealed July 1, 2001.
29        (10) Title 62A, Chapter 3, Part 4, Reverse Mortgage Services, is repealed July 1, 1998.
30        Section 18. Section 63-55-263 is amended to read:
31         63-55-263. Repeal dates, Titles 63, 63A, and 63C.

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1        (1) Sections 63A-4-204 and 63A-4-205, authorizing the Risk Management Fund to provide
2    coverage to non-state entities, are repealed July 1, 2001.
3        (2) (a) Title 63, Chapter 25a, Part 1, Commission on Criminal and Juvenile Justice, is
4    repealed July 1, 2002.
5        (b) Title 63, Chapter 25a, Part 3, Sentencing Commission, is repealed January 1, 2002.
6        (3) The Resource Development Coordinating Committee, created in Section 63-28a-2, is
7    repealed July 1, 2004.
8        (4) (a) The Department of Natural Resources, created in Section 63-34-3, is repealed July
9    1, 1999.
10        (b) The Board of Parks and Recreation, created in Section 63-11-12, is repealed July 1,
11    [1997] 2007.
12        (c) The Riverway Enhancement Advisory Council, created in Section 63-11-17.7, is
13    repealed July 1, 1999.
14        (d) The Board of Utah Geological Survey, created in Section 63-73-2, is repealed July 1,
15    1999.
16        (e) The Division of Parks and Recreation, created in Section 63-11-17.1, is repealed July
17    1, [1997] 2007.
18        (f) The Utah Geological Survey, created in Section 63-73-5, is repealed July 1, 1999.
19        (5) (a) The Internal Audit Division, created in Section 63-49-7, is repealed July 1, 2001.
20        (b) The Comptroller Division, created in Section 63-49-7, is repealed July 1, 2001.
21        (c) The Program Development Division, created in Section 63-49-7, is repealed July 1,
22    2001.
23        (d) The Community Relations Division, created in Section 63-49-7, is repealed July 1,
24    2001.
25        (e) The Administrative Services Division, created in Section 63-49-7, is repealed July 1,
26    2005.
27        (f) The Operations Division, created in Section 63-49-7, is repealed July 1, [1997] 2007.
28        (g) The Project Development Division, created in Section 63-49-7, is repealed July 1,
29    [1997] 2007.
30        (h) Region offices, created in Section 63-49-9, are repealed July 1, 2001.
31        (i) The Transportation Commission, created in Section 63-49-10, is repealed July 1, 2005.

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1        (6) The Utah Constitutional Revision Study Commission, created in Section 63-54-1, is
2    repealed July 1, 1998.
3        (7) The Crime Victims' Reparations Board, created in Section 63-25a-404, is repealed July
4    1, [1997] 2007.
5        (8) Title 63, Chapter 75, Families, Agencies, and Communities Together for Children and
6    Youth At Risk Act, is repealed on July 1, 2001.
7        (9) Title 63A, Chapter 7, Utah Sports Authority Act, is repealed July 1, 2003.
8        (10) Title 63A, Chapter 10, State Olympic Coordination Act, is repealed July 1, 2003.
9        (11) The Utah Information Technology Commission Act, created in Title 63C, Chapter
10    2, is repealed July 1, 2004.
11        (12) Title 63, Chapter 88, Navajo Trust Fund, is repealed July 1, 2000.
12        (13) The Utah Health Policy Commission, created in Title 63C, Chapter 3, is repealed July
13    1, 2001.
14        (14) The Utah Seismic Safety Commission, created in Section 63C-6-101, is repealed July
15    1, 2004.
16        (15) The Utah Pioneer Sesquicentennial Celebration Coordinating Council created in
17    Section 63C-5-102 is repealed June 30, 1998.
18        Section 19. Section 63-55-273 is amended to read:
19         63-55-273. Repeal dates, Title 73.
20        (1) The Division of Water Rights, created in Sections 63-34-3 and 73-2-1.1, is repealed
21    July 1, 2001.
22        (2) (a) The Board of Water Resources, created in Sections 63-34-3 and 73-10-1.5, is
23    repealed July 1, 2001.
24        (b) The Division of Water Resources, created in Sections 63-34-3 and 73-10-18, is
25    repealed July 1, 2001.
26        (3) The Water Development Coordinating Council, created in Sections 63-34-3 and
27    73-10c-3, is repealed July 1, 2001.
28        (4) The Board of Parks and Recreation advisory council on boating policy, authorized by
29    Section 73-18-3.5, is repealed July 1, [1997] 2007.
30        Section 20. Section 63-55-278 is amended to read:
31         63-55-278. Repeal dates, Title 78.

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1        (1) The Office of the Court Administrator, created in Section 78-3-23, is repealed July 1,
2    2002.
3        (2) Title 78, Chapter 56, Court Reporters and Stenographers, is repealed July 1, [1997]
4    2007.
5        (3) Citizen Review Panel [Pilot] Project, created in Sections 78-3g-101, 78-3g-102, and
6    78-3g-103, is repealed April 1, [1997] 2007.
7        (4) Alternative Dispute Resolution Act, created in Title 78, Chapter 31b, is repealed July
8    1, [1997] 2002.
9        Section 21. Section 63-63a-8 is amended to read:
10         63-63a-8. Children's Legal Defense Account.
11        (1) There is created a restricted account within the General Fund known as the Children's
12    Legal Defense Account.
13        (2) The purpose of the Children's Legal Defense Account is to provide for programs that
14    protect and defend the rights, safety, and quality of life of children.
15        (3) The Legislature shall appropriate money from the account for the administrative and
16    related costs of the following programs:
17        (a) implementing the Mandatory Educational Course on Children's Needs for Divorcing
18    Parents relating to the effects of divorce on children as provided in Sections 30-3-4, 30-3-7,
19    30-3-10.3, 30-3-11.3, 30-3-15.3, and 30-3-18, and the Mediation Pilot Program - Child Custody
20    or Visitation as provided in Sections 30-3-15.3, 30-3-18, and 30-3-19 through 30-3-31;
21        (b) implementing the use of guardians ad litem as provided in Sections 30-3-5.2,
22    78-3a-912, 78-3a-318, 78-11-6, and 78-7-9; the training of guardian ad litems and volunteers as
23    provided in Section 78-3a-912; and termination of parental rights as provided in Sections
24    78-3a-516, 78-3a-518, 78-3a-903, and Title 78, Chapter 3f. This account may not be used to
25    supplant funding for the guardian ad litem program in the juvenile court as provided in Section
26    78-3a-912;
27        (c) requiring community service for violation of visitation orders or failure to pay child
28    support as provided in Section 78-32-12.1; and
29        (d) enforcing and administering the pilot program as provided in Section 78-32-12.3
30    establishing the sanctions for substantial noncompliance with visitation orders as provided in
31    Section 78-32-12.2[; and].

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1        [(e) implementing and administering the Child Visitation Pilot Program as provided in
2    Section 30-3-38.]
3        (4) The following withheld fees shall be allocated only to the Children's Legal Defense
4    Account and used only for the purposes provided in Subsections (3)(a) through (c):
5        (a) the additional $10 fee withheld on every marriage license issued in the state of Utah
6    as provided in Section 17-5-214; and
7        (b) a fee of $2 shall be withheld from the existing civil filing fee collected on any
8    complaint, affidavit, or petition in a civil, probate, or adoption matter in every court of record.
9        (5) The Division of Finance shall allocate the monies described in Subsection (4) from the
10    General Fund to the Children's Legal Defense Account.
11        (6) Any funds in excess of $200,000 remaining in the restricted account as of June 30 of
12    any fiscal year shall lapse into the General Fund.
13        Section 22. Repealer.
14        This act repeals:
15        Section 30-3-38, Pilot Program for Expedited Visitation Enforcement.
16        Section 59-7-604, Utah steam coal tax credit.
17        Section 23. Effective date.
18        This act takes effect on July 1, 1997.




Legislative Review Note
    as of 1-22-97 11:30 AM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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