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[Introduced][Status][Bill Documents][Fiscal Note] [Bills Directory]
H.B. 264 Enrolled
This act modifies the accounting classifications of certain funds to comply with generally
accepted accounting principles and changes the names of certain funds to correspond with
their new classifications. This act also creates a new type of fund, "Restricted Special
Revenue Fund," within the Special Revenue Funds major fund type because of changes in
generally accepted accounting principles. This act also designates certain existing special
revenue funds as restricted special revenue funds. This act makes technical corrections.
This act takes effect July 1, 2002.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
4-21-3, as last amended by Chapter 10, Laws of Utah 1986, Second Special Session
9-6-502, as renumbered and amended by Chapter 241, Laws of Utah 1992
9-7-203, as last amended by Chapter 32, Laws of Utah 1995
9-7-206, as renumbered and amended by Chapter 241, Laws of Utah 1992
9-8-702, as enacted by Chapter 121, Laws of Utah 1991
9-10-102, as last amended by Chapter 175, Laws of Utah 2001
9-11-104, as last amended by Chapter 175, Laws of Utah 2001
9-14-102, as enacted by Chapter 368, Laws of Utah 1999
9-15-102, as last amended by Chapter 299, Laws of Utah 2000
11-38-301, as enacted by Chapter 24, Laws of Utah 1999
13-2-8, as renumbered and amended by Chapter 177, Laws of Utah 1994
19-6-307, as last amended by Chapter 324, Laws of Utah 1995
19-6-405.7, as enacted by Chapter 255, Laws of Utah 1998
19-6-409, as last amended by Chapter 21, Laws of Utah 1999
19-6-803, as last amended by Chapter 165, Laws of Utah 2001
19-6-804, as last amended by Chapter 9, Laws of Utah 2001
19-6-807, as last amended by Chapter 32 and renumbered and amended by Chapter 51, Laws
of Utah 2000
19-6-808, as renumbered and amended by Chapter 51, Laws of Utah 2000
19-6-811, as last amended by Chapter 165, Laws of Utah 2001
19-6-813, as last amended by Chapters 165 and 275, Laws of Utah 2001
19-6-815, as last amended by Chapter 165, Laws of Utah 2001
19-6-816, as last amended by Chapter 165, Laws of Utah 2001
19-6-817, as renumbered and amended by Chapter 51, Laws of Utah 2000
19-6-821, as renumbered and amended by Chapter 51, Laws of Utah 2000
19-6-824, as enacted by Chapter 32, Laws of Utah 2000
26-10-2.5, as enacted by Chapter 230, Laws of Utah 1991
35A-3-206, as renumbered and amended by Chapter 375, Laws of Utah 1997
38-11-201, as last amended by Chapter 172, Laws of Utah 1995
40-6-19, as enacted by Chapter 154, Laws of Utah 1997
40-10-25.1, as last amended by Chapter 4, Laws of Utah 1995
51-5-4, as last amended by Chapter 175, Laws of Utah 2001
51-5-7, as last amended by Chapters 154 and 194, Laws of Utah 1986
53-6-213, as last amended by Chapter 92, Laws of Utah 1999
53C-5-104, as enacted by Chapter 294, Laws of Utah 1994
54-8b-15, as enacted by Chapter 122, Laws of Utah 1997
58-3a-103, as enacted by Chapter 260, Laws of Utah 1996
58-11a-103, as enacted by Chapter 204, Laws of Utah 2001
58-22-103, as last amended by Chapter 259, Laws of Utah 1996
58-53-103, as renumbered and amended by Chapter 191, Laws of Utah 1998
58-67a-1, as enacted by Chapters 248 and 282, Laws of Utah 1996
59-10-548, as renumbered and amended by Chapter 2, Laws of Utah 1987
61-1-18.7, as last amended by Chapter 216, Laws of Utah 1992
61-2a-3, as last amended by Chapter 239, Laws of Utah 1991
62A-8-103, as last amended by Chapter 106, Laws of Utah 1999
62A-12-102, as last amended by Chapter 106, Laws of Utah 1999
62A-12-204, as last amended by Chapter 76, Laws of Utah 1990
63-25a-402, as last amended by Chapter 235, Laws of Utah 2000
63-25a-405, as last amended by Chapter 308, Laws of Utah 1997
63-25a-406, as last amended by Chapter 235, Laws of Utah 2000
63-25a-407, as renumbered and amended by Chapter 242, Laws of Utah 1996
63-25a-411, as last amended by Chapter 235, Laws of Utah 2000
63-25a-414, as renumbered and amended by Chapter 242, Laws of Utah 1996
63-25a-419, as last amended by Chapter 235, Laws of Utah 2000
63-25a-428, as last amended by Chapter 235, Laws of Utah 2000
63-38-8, as last amended by Chapter 175, Laws of Utah 2001
63-63a-4, as last amended by Chapter 220, Laws of Utah 2001
63-73-21, as enacted by Chapter 19, Laws of Utah 1996
63C-9-502, as enacted by Chapter 285, Laws of Utah 1998
65A-8-6.1, as last amended by Chapter 81, Laws of Utah 2001
67-4a-405, as last amended by Chapter 241, Laws of Utah 1996
67-5a-8, as enacted by Chapter 136, Laws of Utah 1990
71-11-8 (Effective 07/01/02), as last amended by Chapter 134, Laws of Utah 2000
71-11-9, as enacted by Chapter 217, Laws of Utah 1995
73-5-1.5, as enacted by Chapter 9, Laws of Utah 1999
76-10-922, as enacted by Chapter 79, Laws of Utah 1979
77-32-502, as last amended by Chapter 318, Laws of Utah 2000
77-32-601, as last amended by Chapter 209, Laws of Utah 2001
77-32-701, as enacted by Chapter 354, Laws of Utah 1997
78-14-12, as last amended by Chapter 137, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 4-21-3 is amended to read:
4-21-3. Beef promotion fee -- Deposit of revenue -- Fee set by referendum -- Reduction
for amounts paid under federal law.
(1) (a) The department shall collect a fee established as required by Subsection (2), on all
fee brand inspected cattle upon change of ownership or slaughter[
than 25 cents.
(b) The fee is collected by the local brand inspector at the time of inspection of cattle, or
deducted and collected by the marketing agency or the purchaser.
(c) All revenue collected under this section shall be paid to the department which shall
deposit the revenue in [
known as the "Beef Promotion [
(2) Before a fee assessed under Subsection (1) becomes effective, the department shall give
notice of the proposed fee to all known beef and dairy cattle producers in the state, invite all beef and
dairy cattle producers to register to vote in a referendum, conduct a hearing on the proposed fee
change, and conduct a referendum where at least 50% of the registered producers cast a vote with
a majority of those voting casting an affirmative vote on the proposed fee level. [
(3) Any fee currently assessed by the department continues in effect until modified by the
department under Subsections (1) and (2).
(4) The fee assessed under this section shall be reduced by the amount of any assessment
required to be paid pursuant to the Beef Promotion and Research Act of 1985, 7 U.S.C. Sec. 2901
et seq.
Section 2. Section 9-6-502 is amended to read:
9-6-502. Utah Arts Endowment Fund.
(1) There is created a [
Arts Endowment Fund."
(2) The state fund shall be administered by the board in accordance with applicable law.
(3) Any administrative costs incurred by the board shall be reviewed by the appropriate
appropriations committee of the Legislature.
(4) The state fund shall contain all moneys appropriated to it by the Legislature, all federal
funds received for purposes of this part, plus interest and other income earned on them.
(5) The purpose of the state fund is to provide moneys to qualifying arts organizations to
enable them to create their own arts endowment funds and to the board to administer the state fund.
Section 3. Section 9-7-203 is amended to read:
9-7-203. Division duties.
The division shall:
(1) establish, operate, and maintain a state publications collection, a bibliographic control
system, and depositories as provided in this part;
(2) cooperate with other agencies to facilitate public access to government information
through electronic networks or other means;
(3) cooperate with other state or national libraries or library agencies;
(4) cooperate with the federal government or agencies in accepting federal aid whether in
the form of funds or otherwise;
(5) receive bequests, gifts, and endowments of money and deposit the funds with the state
treasurer to be placed in the State Library Donation [
held for the purpose, if any, specifically directed by the donor; and
(6) receive bequests, gifts, and endowments of property to be held, used, or disposed of, as
directed by the donor, with the approval of the Division of Finance.
Section 4. Section 9-7-206 is amended to read:
9-7-206. State Library Donation Fund -- Deposits and fees.
(1) There is created a [
Library Donation [
(2) Any interest or proceeds realized from the use or disposition of property received by the
division or interest on the [
Donation [
by the donor.
(3) All fees paid to the library and collections made due to damaged books or through sale
or exchange of books and other materials shall be deposited in the General Fund as dedicated credits
for use by the State Library Division.
Section 5. Section 9-8-702 is amended to read:
9-8-702. Utah History Endowment Fund.
There is created a [
History Endowment Fund." The state fund shall be administered by the Division of Finance in
accordance with applicable law. The state fund shall contain all monies appropriated to it by the
Legislature and the interest and other income earned on the fund. The purpose of the state fund is
to provide monies to qualifying organizations to enable them to create their own history endowment
funds.
Section 6. Section 9-10-102 is amended to read:
9-10-102. Legislative intent -- Uintah Basin Revitalization Fund -- Deposits and
contents.
(1) In order to maximize the long-term benefit of severance taxes derived from lands held
in trust by the United States for the Tribe and its members by fostering funding mechanisms that
will, consistent with sound financial practices, result in the greatest use of financial resources for the
greatest number of citizens of the Uintah Basin, and in order to promote cooperation and
coordination between the state, its political subdivisions, Indian tribes, and individuals, firms, and
business organizations engaged in the development of oil and gas interests held in trust for the Tribe
and its members, there is created a restricted special revenue fund entitled the "Uintah Basin
Revitalization Fund."
(2) The fund consists of all monies deposited to the Revitalization Fund under this part and
Section 59-5-116 .
(3) (a) The Revitalization Fund shall earn interest.
(b) All interest earned on fund monies shall be deposited into the fund.
Section 7. Section 9-11-104 is amended to read:
9-11-104. San Juan Navajo Revitalization Fund.
(1) (a) There is created a restricted special revenue fund called the "Navajo Revitalization
Fund."
(b) The fund shall consist of:
(i) monies deposited to the fund under this chapter;
(ii) monies deposited to the fund under Section 59-5-119 ; and
(iii) any loan repayment or interest on a loan issued under this chapter.
(2) (a) The revitalization fund shall earn interest.
(b) All interest earned on fund monies shall be deposited into the fund.
(3) Any unallocated balance in the fund at the end of a fiscal year shall be nonlapsing.
(4) The division may use fund monies for the administration of the fund, but this amount
may not exceed 2% of the annual receipts to the fund.
Section 8. Section 9-14-102 is amended to read:
9-14-102. Rural Development Fund -- Deposits and contents -- Interest --
Administration.
(1) In order to compensate for the effects of the federal-state land exchange identified in
Section 53C-3-201 that have a significant social or economic impact on rural areas of the state
located in close proximity to where the former state lands are now designated as federal lands, there
is created a restricted special revenue fund entitled the "Rural Development Fund."
(2) The development fund sources of revenue are:
(a) monies deposited to the fund under this chapter; and
(b) monies deposited to the fund under Section 53C-3-202 .
(3) The development fund shall earn interest, which shall be deposited in the development
fund.
(4) The division may use development fund monies for administration of the fund, but not
to exceed 2% of the annual receipts to the fund.
(5) Any unallocated balance in the fund at the end of a fiscal year shall be nonlapsing.
Section 9. Section 9-15-102 is amended to read:
9-15-102. Rural Electronic Commerce Communications System Fund -- Deposits and
contents -- Interest -- Administration.
(1) In order to preserve and promote communications systems, such as broadcast television,
in the rural areas of the state, there is created a restricted special revenue fund entitled the "Rural
Electronic Commerce Communications System Fund."
(2) The fund shall consist of:
(a) monies deposited to the fund under this chapter;
(b) monies deposited to the fund under Section 53C-3-202 ; and
(c) bond proceeds from the issuance and sale of revenue bonds authorized under Subsection
9-15-104 (2).
(3) The fund shall earn interest, which shall be deposited in the fund.
(4) Any unallocated balance in the fund at the end of a fiscal year shall be nonlapsing.
(5) The division may use fund monies for administration of the fund, but not to exceed 2%
of the annual receipts to the fund.
Section 10. Section 11-38-301 is amended to read:
11-38-301. LeRay McAllister Critical Land Conservation Fund.
(1) There is created a restricted special revenue fund entitled the "LeRay McAllister Critical
Land Conservation Fund," consisting of:
(a) money appropriated or otherwise made available by the Legislature;
(b) contributions of money, property, or equipment from federal agencies, political
subdivisions of the state, persons, or corporations;
(c) proceeds that a department chooses to place into the fund from the sale of surplus land
under Subsection (2); and
(d) funds from the State Building Energy Efficiency Program.
(2) The Department of Administrative Services, the Department of Agriculture and Food,
the Department of Natural Resources, and the Department of Transportation may place proceeds
from the sale of surplus land into the fund.
(3) The total amount of money in the fund may not exceed $6,000,000.
Section 11. Section 13-2-8 is amended to read:
13-2-8. Consumer Protection Education and Training Fund.
(1) There is created a restricted special revenue fund known as the "Consumer Protection
Education and Training Fund."
(2) Unless otherwise provided by a chapter listed in Section 13-2-1 , all money not distributed
as consumer restitution that is received by the division from administrative fines and settlements,
from criminal restitution, or from civil damages, forfeitures, penalties, and settlements when the
division receives the monies on its own behalf and not in a representative capacity, shall be deposited
into the fund.
(3) Notwithstanding Title 63, Chapter 38, Budgetary Procedures Act, the division may use
the fund with the approval of the executive director of the Department of Commerce in a manner
consistent with the duties of the division under this chapter for:
(a) consumer protection education for members of the public;
(b) equipment for and training of division personnel;
(c) publication of consumer protection brochures, laws, policy statements, or other material
relevant to the division's enforcement efforts; and
(d) investigation and litigation undertaken by the division.
(4) If the balance in the fund exceeds $75,000 at the close of any fiscal year, the excess shall
be transferred to the General Fund.
Section 12. Section 19-6-307 is amended to read:
19-6-307. Hazardous Substances Mitigation Fund -- Uses.
(1) There is created [
"Hazardous Substances Mitigation Fund."
(2) The fund consists of monies generated from the following revenue sources:
(a) any voluntary contributions received for the cleanup of hazardous substances facilities;
(b) appropriations made to the fund by the Legislature; and
(c) monies received by the state under Section 19-6-310 and Section 19-6-316 .
(3) (a) The fund shall earn interest.
(b) All interest earned on fund monies shall be deposited into the fund.
(4) The executive director may use fund monies to:
(a) take emergency action as provided in Sections 19-6-309 and 19-6-310 ;
(b) conduct remedial investigations as provided in Sections 19-6-314 through 19-6-316 ;
(c) pay the amount required by the federal government as the state's portion of the cost of
cleanups under authority of CERCLA, as appropriated by the Legislature for that purpose; and
(d) pay the amount required by the federal government as the state's portion of the cost of
cleanups under 42 U.S.C. 6991 et seq., the Leaking Underground Storage Tank Trust Fund, as
appropriated by the Legislature for that purpose.
Section 13. Section 19-6-405.7 is amended to read:
19-6-405.7. Petroleum Storage Tank Cleanup Fund -- Revenue and purposes.
(1) There is created [
Storage Tank Cleanup Fund," which is referred to in this section as the cleanup fund.
(2) The cleanup fund sources of revenue are:
(a) any voluntary contributions received by the department for the cleanup of facilities;
(b) legislative appropriations made to the cleanup fund; and
(c) costs recovered under this part.
(3) The cleanup fund shall earn interest, which shall be deposited in the cleanup fund.
(4) The executive secretary may use the cleanup fund monies for administration,
investigation, abatement action, and preparing and implementing a corrective action plan regarding
releases not covered by the Petroleum Storage Tank Trust Fund created in Section 19-6-409 .
Section 14. Section 19-6-409 is amended to read:
19-6-409. Petroleum Storage Tank Trust Fund created -- Source of revenues.
(1) (a) There is created [
Storage Tank Trust Fund."
(b) The sole sources of revenues for the fund are:
(i) petroleum storage tank fees under Section 19-6-411 ;
(ii) underground storage tank installation company permit fees under Section 19-6-411 ;
(iii) the environmental assurance fee and any penalties, paid under Section 19-6-410.5 ; and
(iv) any interest accrued on these revenues.
(c) Interest earned on fund monies shall be deposited into the fund.
(2) Fund monies may be used to pay:
(a) costs as provided in Section 19-6-419 ; and
(b) for the administration of the fund and the environmental assurance program and fee
under Section 19-6-410.5 .
(3) Costs for the administration of the fund and the environmental assurance fee shall be
appropriated by the Legislature.
(4) The executive secretary may expend monies from the fund for:
(a) legal and claims adjusting costs incurred by the state in connection with claims,
judgments, awards, or settlements for bodily injury or property damage to third parties;
(b) costs incurred by the state risk manager in determining the actuarial soundness of the
fund; and
(c) other costs as provided in this part.
[
[
[
Section 15. Section 19-6-803 is amended to read:
19-6-803. Definitions.
As used in this part:
(1) "Abandoned waste tire pile" means a waste tire pile regarding which the local department
of health has not been able to:
(a) locate the persons responsible for the tire pile; or
(b) cause the persons responsible for the tire pile to remove it.
(2) (a) "Beneficial use" means the use of chipped tires in a manner that is not recycling,
storage, or disposal, but that serves as a replacement for another product or material for specific
purposes.
(b) "Beneficial use" includes the use of chipped tires:
(i) as daily landfill cover;
(ii) for civil engineering purposes;
(iii) as low-density, light-weight aggregate fill; or
(iv) for septic or drain field construction.
(c) "Beneficial use" does not include the use of waste tires or material derived from waste
tires:
(i) in the construction of fences; or
(ii) as fill, other than low-density, light-weight aggregate fill.
(3) "Board" means the Solid and Hazardous Waste Control Board created under Section
19-1-106 .
(4) "Chip" or "chipped tire" means a two inch square or smaller piece of a waste tire.
(5) "Commission" means the Utah State Tax Commission.
(6) (a) "Consumer" means a person who purchases a new tire to satisfy a direct need, rather
than for resale.
(b) "Consumer" includes a person who purchases a new tire for a motor vehicle to be rented
or leased.
(7) "Crumb rubber" means waste tires that have been ground, shredded, or otherwise reduced
in size such that the particles are less than or equal to 3/8 inch in diameter and are 98% wire free by
weight.
(8) "Disposal" means the deposit, dumping, or permanent placement of any waste tire in or
on any land or in any water in the state.
(9) "Dispose of" means to deposit, dump, or permanently place any waste tire in or on any
land or in any water in the state.
(10) "Division" means the Division of Solid and Hazardous Waste created in Section
19-1-105 , within the Department of Environmental Quality.
(11) "Executive secretary" means the executive secretary of the Solid and Hazardous Waste
Control Board created in Section 19-1-106 .
(12) "Fund" means the Waste Tire Recycling Fund created in Section 19-6-807 .
[
(a) located within the permitted boundary of a landfill operated by a governmental entity;
and
(b) consisting solely of waste tires brought to a landfill for disposal and diverted from the
landfill waste stream to the waste tire pile.
[
health department, as defined in Section 26A-1-102 , with jurisdiction over the recycler.
[
shreddings, rubber, steel, fabric, or other similar materials derived from waste tires.
[
so the waste tires may be effectively disposed of by burial, such as in a landfill.
[
registered.
[
25 pounds of whole tires or material derived from waste tires is equal to one waste tire.
[
payment of the recycling fee including interest and penalties on delinquent payments.
[
(a) annually uses, or can reasonably be expected within the next year to use, a minimum of
100,000 waste tires generated in the state or 1,000 tons of waste tires generated in the state to recover
energy or produce energy, crumb rubber, chipped tires, or an ultimate product; and
(b) is registered as a recycler in accordance with Section 19-6-806 .
[
[
has been reduced to a six inch square or smaller.
[
constitute disposal of the waste tires.
(b) "Storage" does not include:
(i) the use of waste tires as ballast to maintain covers on agricultural materials or to maintain
covers at a construction site; or
(ii) the storage for five or fewer days of waste tires or material derived from waste tires that
are to be recycled or applied to a beneficial use.
[
disposal of the waste tires.
(b) "Store" does not include:
(i) to use waste tires as ballast to maintain covers on agricultural materials or to maintain
covers at a construction site; or
(ii) to store for five or fewer days waste tires or material derived from waste tires that are
to be recycled or applied to a beneficial use.
[
vehicle in which a person or property is or may be transported or drawn upon a highway.
[
either as replacement tires or as part of a new vehicle sale.
[
(27) (a) "Ultimate product" means a product that has as a component materials derived from
waste tires and that the executive secretary finds has a demonstrated market.
(b) "Ultimate product" includes pyrolized materials derived from:
(i) waste tires; or
(ii) chipped tires.
(c) "Ultimate product" does not include a product regarding which a waste tire remains after
the product is disposed of or disassembled.
(28) "Waste tire" means a tire that is no longer suitable for its original intended purpose
because of wear, damage, or defect.
(29) "Waste tire pile" means a pile of 1,000 or more waste tires at one location.
(30) (a) "Waste tire transporter" means a person or entity engaged in picking up or
transporting at one time more than ten whole waste tires, or the equivalent amount of material
derived from waste tires, generated in Utah for the purpose of storage, processing, or disposal.
(b) "Waste tire transporter" includes any person engaged in the business of collecting,
hauling, or transporting waste tires or who performs these functions for another person, except as
provided in Subsection (30)(c).
(c) "Waste tire transporter" does not include:
(i) a person transporting waste tires generated solely by:
(A) that person's personal vehicles;
(B) a commercial vehicle fleet owned or operated by that person or that person's employer;
(C) vehicles sold, leased, or purchased by a motor vehicle dealership owned or operated by
that person or that person's employer; or
(D) a retail tire business owned or operated by that person or that person's employer;
(ii) a solid waste collector operating under a license issued by a unit of local government as
defined in Section 63-51-2 , or a local health department;
(iii) a recycler of waste tires;
(iv) a person transporting tires by rail as a common carrier subject to federal regulation; or
(v) a person transporting processed or chipped tires.
Section 16. Section 19-6-804 is amended to read:
19-6-804. Restrictions on disposal of tires -- Penalties.
(1) (a) After January 1, 1994, an individual, including a waste tire transporter, may not
dispose of more than four whole tires at one time in a landfill or any other location in the state
authorized by the executive secretary to receive waste tires, except for purposes authorized by board
rule.
(b) Tires are exempt from this Subsection (1) if the original tire has a rim diameter greater
than 24.5 inches.
(c) No person, including a waste tire transporter, may dispose of waste tires or store waste
tires in any manner not allowed under this part or rules made under this part.
(2) The operator of the landfill or other authorized location shall direct that the waste tires
be disposed in a designated area to facilitate retrieval if a market becomes available for the disposed
waste tires or material derived from waste tires.
(3) An individual, including a waste tire transporter, may dispose of shredded waste tires in
a landfill in accordance with Section 19-6-812 , and may also, without reimbursement, dispose in a
landfill materials derived from waste tires that do not qualify for reimbursement under Section
19-6-812 , but the landfill shall dispose of the material in accordance with Section 19-6-812 .
(4) (a) An individual, including a waste tire transporter, violating this section is subject to
enforcement proceedings and a civil penalty of not more than $100 per waste tire or per passenger
tire equivalent disposed of in violation of this section. A warning notice may be issued prior to
taking further enforcement action under this Subsection (4).
(b) A civil proceeding to enforce this section and collect penalties under this section may
be brought in the district court where the violation occurred by the board, the local health
department, or the county attorney having jurisdiction over the location where the tires were disposed
in violation of this section.
(c) Penalties collected under this section shall be deposited in the [
Section 17. Section 19-6-807 is amended to read:
19-6-807. Special revenue fund -- Creation -- Deposits.
(1) There is created a restricted special revenue fund entitled the "Waste Tire Recycling
[
(2) The [
(a) the proceeds of the fee imposed under Section 19-6-805 ;
(b) penalties collected under this part; and
(c) assets transferred to and loan repayments deposited in the [
19-6-824 .
(3) Money in the [
(a) partial reimbursement of the costs of transporting, processing, recycling, or disposing of
waste tires as provided in this part;
(b) payment of administrative costs of local health departments as provided in Section
19-6-817 ;
(c) payment of costs incurred by the Division of Finance in accounting for and tracking
outstanding loans made under the Waste Tire Recycling Industrial Assistance Loan Program; and
(d) payment of costs incurred by the Department of Community and Economic Development
in collecting outstanding loans made under the Waste Tire Recycling Industrial Assistance Loan
Program.
(4) The Legislature may appropriate money from the [
Department of Environmental Quality in administering and enforcing this part.
Section 18. Section 19-6-808 is amended to read:
19-6-808. Payment of recycling fee.
(1) The recycling fee shall be paid by the tire retailer to the commission:
(a) on or before the last day of the month following the calendar quarter in which the sale
occurs for quarterly filers; and
(b) the last day of January following the end of the calendar year for annual filers.
(2) The payment shall be accompanied by the form prescribed by the commission.
(3) (a) The proceeds of the fee shall be transferred by the commission to the [
payment of partial reimbursement.
(b) The commission may retain an amount not to exceed 2-1/2% of the recycling fee
collected under this part for the cost to it of rendering its services.
(4) (a) The commission shall administer, collect, and enforce the fee authorized under this
part pursuant to the same procedures used in the administration, collection, and enforcement of the
general state sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act, and the provisions
of Title 59, Chapter 1, General Taxation Policies. The tire retailer may retain 2-1/2% of the
recycling fee collected under this part for the cost of collecting the fee.
(b) The exemptions from the general state sales and use tax provided for in Section
59-12-104 do not apply to this part.
(5) The fee imposed by this part is in addition to all other state, county, or municipal fees
and taxes imposed on the sale of new tires.
Section 19. Section 19-6-811 is amended to read:
19-6-811. Funding for management of certain landfill or abandoned waste tire piles
-- Limitations.
(1) (a) A county or municipality may apply to the executive secretary for payment from the
[
waste tire pile or a landfill waste tire pile operated by a state or local governmental entity and deliver
the waste tires to a recycler.
(b) The executive secretary may authorize a maximum reimbursement of:
(i) 100% of a waste tire transporter's or recycler's costs allowed under Subsection (2) to
remove waste tires from an abandoned waste tire pile or landfill waste tire pile and deliver the waste
tires to a recycler, if no waste tires have been added to the abandoned waste tire pile or landfill waste
tire pile on or after July 1, 2001; or
(ii) 60% of a waste tire transporter's or recycler's costs allowed under Subsection (2) to
remove waste tires from an abandoned waste tire pile or landfill waste tire pile and deliver the waste
tires to a recycler, if waste tires have been added to the abandoned waste tire pile or landfill waste
tire pile on or after July 1, 2001.
(c) The executive secretary may deny an application for payment of waste tire pile removal
and delivery costs, if the executive secretary determines that payment of the costs will result in there
not being sufficient monies in the [
beneficial use under Section 19-6-809 during the next quarter.
(2) (a) The maximum number of miles for which the executive secretary may reimburse for
transportation costs incurred by a waste tire transporter under this section, is the number of miles,
one way, between the location of the waste tire pile and the State Capitol Building, in Salt Lake City,
Utah, or to the recycler, whichever is less.
(b) This maximum number of miles available for reimbursement applies regardless of the
location of the recycler to which the waste tires are transported under this section.
(c) The executive secretary shall, upon request, advise any person preparing a bid under this
section of the maximum number of miles available for reimbursement under this Subsection (2).
(d) The cost under this Subsection (2) shall be calculated based on the cost to transport one
ton of waste tires one mile.
(3) (a) The county or municipality shall through a competitive bidding process make a good
faith attempt to obtain a bid for the removal of the landfill or abandoned waste tire pile and transport
to a recycler.
(b) The county or municipality shall submit to the executive secretary:
(i) (A) (I) a statement from the local health department stating the landfill waste tire pile is
operated by a state or local governmental entity and consists solely of waste tires diverted from the
landfill waste stream;
(II) a description of the size and location of the landfill waste tire pile; and
(III) landfill records showing the origin of the waste tires; or
(B) a statement from the local health department that the waste tire pile is abandoned; and
(ii) (A) the bid selected by the county or municipality; or
(B) if no bids were received, a statement to that fact.
(4) (a) If a bid is submitted, the executive secretary shall determine if the bid is reasonable,
taking into consideration:
(i) the location and size of the landfill or abandoned waste tire pile;
(ii) the number and size of any other landfill or abandoned waste tire piles in the area; and
(iii) the current market for waste tires of the type in the landfill or abandoned waste tire pile.
(b) The executive secretary shall advise the county or municipality within 30 days of receipt
of the bid whether or not the bid is determined to be reasonable.
(5) (a) If the bid is found to be reasonable, the county or municipality may proceed to have
the landfill or abandoned waste tire pile removed pursuant to the bid.
(b) The county or municipality shall advise the executive secretary that the landfill or
abandoned waste tire pile has been removed.
(6) The recycler or waste tire transporter that removed the landfill or abandoned waste tires
pursuant to the bid shall submit to the executive secretary a copy of the manifest, which shall state:
(a) the number or tons of waste tires transported;
(b) the location from which they were removed;
(c) the recycler to which the waste tires were delivered; and
(d) the amount charged by the transporter or recycler.
(7) Upon receipt of the information required under Subsection (6), and determination that
the information is complete, the executive secretary shall, within 30 days after receipt authorize the
Division of Finance to reimburse the waste tire transporter or recycler the amount established under
this section.
Section 20. Section 19-6-813 is amended to read:
19-6-813. Application for partial reimbursement -- Penalty.
(1) An application for partial reimbursement shall be in the format prescribed by the local
health department and shall include:
(a) the recycler's name and a brief description of the recycler's business;
(b) the quantity, in tons, of waste tires recycled or used in a beneficial use;
(c) originals or copies of log books, receipts, bills of lading, or other similar documents to
establish the tonnage of waste tires recycled or used in a beneficial use;
(d) a description of how the waste tires were recycled;
(e) proof that is satisfactory to the local health department that the waste tires were recycled
or used in a beneficial use; and
(f) the affidavit of the recycler warranting that the recycled waste tires or waste tires used
for a beneficial use for which reimbursement is sought meet the requirements of Subsection
19-6-809 (4).
(2) In addition to any other penalty imposed under Section 19-6-821 or 19-6-822 or by any
other law, any person who knowingly or intentionally provides false information to the local health
department under Subsection (1):
(a) is ineligible to receive any further reimbursement under this part; and
(b) shall return to the Division of Finance any reimbursement previously received for deposit
in the [
Section 21. Section 19-6-815 is amended to read:
19-6-815. Payment by Division of Finance.
(1) The Division of Finance is authorized to pay the recycler partial reimbursements
described in Section 19-6-809 from the [
(2) The Division of Finance shall pay the dollar amount of partial reimbursement approved
by the local health department to the recycler within the next payment period established by rule of
the Division of Finance, after receipt of the local health department's report and recommendation.
Section 22. Section 19-6-816 is amended to read:
19-6-816. Limitations on reimbursement.
(1) The costs reimbursed under this part may not exceed the monies in the [
(2) If applications for reimbursement under Section 19-6-809 , 19-6-811 , or 19-6-812 during
any month exceed the monies in the [
of all claims for reimbursement for the month and defer payment of the remainder.
(3) The amount remaining unpaid on a claim for reimbursement shall be treated as a new
application for reimbursement in the next succeeding month until the unpaid amount is $500 or less,
at which time the balance of the claim shall be paid in full.
Section 23. Section 19-6-817 is amended to read:
19-6-817. Administrative fees to local health departments -- Reporting by local health
departments.
(1) (a) The Division of Finance shall pay quarterly to the local health departments from the
[
(b) The payment under Subsection (1)(a) shall be allocated among the local health
departments in accordance with recommendations of the Utah Association of Local Health Officers.
(c) The recommendation shall be based on the efforts expended and the costs incurred by
the local health departments in enforcing this part and rules made under this part.
(2) (a) Each local health department shall track all waste tires removed from abandoned
waste tire piles within its jurisdiction, to determine the amount of waste tires removed and the
recycler to which they are transported.
(b) The local health department shall report this information quarterly to the executive
secretary.
Section 24. Section 19-6-821 is amended to read:
19-6-821. Violations -- Civil proceedings and penalties -- Orders.
(1) A person who violates any provision of this part or any order, permit, plan approval, or
rule issued or adopted under this part is subject to a civil penalty of not more than $10,000 per day
for each day of violation as determined in a civil hearing under Title 63, Chapter 46b, Administrative
Procedures Act, except:
(a) any violation of Subsection 19-6-804 (1) or (3), regarding landfills, is subject to the
penalty under Subsection 19-6-804 (4) rather than the penalties under this section; and
(b) any violation of Subsection 19-6-808 (1), (2), or (3) regarding payment of the recycling
fee by the tire retailer is subject to penalties as provided in Subsection 19-6-808 (4) rather than the
penalties under this section.
(2) The board may bring an action in the name of the state to restrain a person from
continuing a violation of this part and to require the person to perform necessary remediation
regarding a violation of this part.
(3) When the executive secretary finds a situation exists in violation of this part that presents
an immediate threat to the public health or welfare, the executive secretary may issue an emergency
order under Title 63, Chapter 46b, Administrative Procedures Act.
(4) The executive secretary may revoke the registration of a waste tire recycler or transporter
who violates any provision of this part or any order, plan approval, permit, or rule issued or adopted
under this part.
(5) The executive secretary may revoke the tire storage permit for a storage facility that is
in violation of any provision of this part or any order, plan approval, permit, or rule issued or adopted
under this part.
(6) If a person has been convicted of violating a provision of this part prior to a finding by
the executive secretary of a violation of the same provision in an administrative hearing, the
executive secretary may not assess a civil monetary penalty under this section for the same offense
for which the conviction was obtained.
(7) All penalties collected under this section shall be deposited in the [
Section 25. Section 19-6-824 is amended to read:
19-6-824. Transfer of assets and liabilities from Waste Tire Recycling Industrial
Assistance Loan Fund to restricted special revenue fund -- Administration of outstanding
loans.
(1) The assets and liabilities of the Waste Tire Recycling Industrial Assistance Loan Fund
shall be transferred to the [
(2) The Division of Finance shall account for and track any outstanding loans made under
the Waste Tire Recycling Industrial Assistance Loan Program.
(3) (a) The Department of Community and Economic Development shall administer the
collection of any outstanding loans made under the Waste Tire Recycling Industrial Assistance Loan
Program.
(b) Any loan repayments shall be deposited in the [
Section 26. Section 26-10-2.5 is amended to read:
26-10-2.5. Creation of fund -- Fund money -- Use for maternal and child nutrition
program.
(1) (a) There is created [
"Women, Infants, and Children (WIC) Supplemental Food Program Fund."
(b) As used in this section, "fund" means the fund created in this Subsection (1).
(2) All grant money of $450,000 received by the Division of Community and Family Health
Services created in Title 26, Chapter 10, from infant formula companies, for the purpose of
promoting the health of women, infants, and children by assuring they have opportunities for access
to good nutrition, shall be deposited in this fund.
(3) Money in the fund may be used only:
(a) for the department's special supplemental food program for women, infants, and children;
and
(b) upon joint agreement of the department and the State WIC Advisory Council established
by the department.
(4) The fund shall be incorporated into the department WIC plan.
Section 27. Section 35A-3-206 is amended to read:
35A-3-206. Restricted special revenue fund -- Use of monies -- Committee and director
duties -- Restrictions.
(1) There is created [
the "Child Care [
(2) The executive director shall administer the [
committee.
[
[
improving the quality, affordability, or accessibility of child care.
[
law or by donors may not be expended without approval of the committee.
[
including grants, private foundations, or individual donors.
[
Title 51, Chapter 7, State Money Management Act, except that all interest or other earnings derived
from the [
[
department normally provided for by legislative appropriation.
[
(a) advise the director on child care needs in the state and on relevant operational aspects of
any grant, loan, or revenue collection program established under this part;
(b) recommend specific projects to the director;
(c) recommend policy and procedures for administering the [
(d) make recommendations on grants, loans, or contracts from the [
activities authorized under this part;
(e) establish the criteria by which loans and grants will be made;
(f) determine the order in which approved projects will be funded;
(g) make recommendations regarding the distribution of money from the [
accordance with the procedures, conditions, and restrictions placed upon the monies by the donors;
and
(h) solicit public and private funding for the [
[
(a) training of child care providers;
(b) scholarships and grants for child care providers' professional development;
(c) public awareness and consumer education services;
(d) child care provider recruitment;
(e) Office of Child Care sponsored activities;
(f) matching money for obtaining grants; or
(g) other activities that will assist in the improvement of child care quality, affordability, or
accessibility.
[
contract [
(a) local governments;
(b) nonprofit community, charitable, or neighborhood-based organizations;
(c) regional or statewide nonprofit organizations; or
(d) child care providers.
[
demonstrate any of the following:
(a) programmatic or financial need;
(b) diversity of clientele or geographic location; and
(c) coordination with or enhancement of existing services.
[
activities of the recipients of grants, loans, or contracts issued from the [
basis to ensure compliance with the terms and conditions imposed on the recipient by the [
fund.
[
director with an annual accounting of how the monies they received from the [
spent.
[
the services funded by the [
Section 28. Section 38-11-201 is amended to read:
38-11-201. Residence Lien Recovery Fund.
(1) There is created [
"Residence Lien Recovery Fund."
(2) (a) The fund consists of all amounts collected by the division in accordance with Section
38-11-202 .
(b) (i) The division shall deposit the funds in an account with the state treasurer.
(ii) The division shall record the funds in the Residence Lien Recovery Fund.
(c) The fund shall earn interest.
(3) The division shall employ personnel and resources necessary to administer the fund and
shall use fund monies in accordance with Sections 38-11-203 and 38-11-204 and to pay the costs
charged to the fund by the attorney general.
(4) Costs incurred by the division for administering the fund shall be paid out of fund
monies.
(5) The Division of Finance shall report annually to the Legislature, the division, and the
board. The report shall state:
(a) amounts received by the fund;
(b) disbursements from the fund;
(c) interest earned and credited to the fund; and
(d) the fund balance.
(6) (a) For purposes of establishing and assessing regulatory fees under Subsection
63-38-3.2 (5), the provisions of this chapter are considered a new program for fiscal year 1995-96.
(b) The department shall submit its fee schedule to the Legislature for its approval at the
1996 Annual General Session.
Section 29. Section 40-6-19 is amended to read:
40-6-19. Bond and Surety Forfeiture Trust Fund created -- Contents -- Use of fund
monies.
(1) There is created [
Surety Forfeiture Trust Fund."
(2) Monies collected by the Division of Oil, Gas and Mining as a result of bond or surety
forfeitures shall be deposited in the fund.
(3) Interest earned on monies in the fund shall accrue to the fund.
(4) (a) Money from each forfeited bond or surety, together with interest, shall be used by the
Division of Oil, Gas and Mining to accomplish the requisite performance standards under the
program to which the forfeited bond or surety corresponds.
(b) Any money not used for a project shall be returned to the rightful claimant.
Section 30. Section 40-10-25.1 is amended to read:
40-10-25.1. Abandoned Mine Reclamation Fund created -- Contents -- Use of monies.
(1) (a) There is created [
"Abandoned Mine Reclamation Fund."
(b) (i) The fund shall consist of the monies specified in Subsections (2) and (3).
(ii) The monies of Subsection (2) shall be segregated from the monies of Subsection (3).
(2) (a) Monies received by the state from the following sources shall be deposited into the
Abandoned Mine Reclamation Fund:
(i) recovered liens filed against privately owned land as provided by Section 40-10-28 ;
(ii) fees for the use of reclaimed lands as provided by Section 40-10-28 ;
(iii) fines collected for violations of this chapter or any rule or order issued under this
chapter;
(iv) donations designated for reclamation of abandoned mines; and
(v) interest credited to the fund pursuant to Subsection (2)(b).
(b) Monies received under Subsection (2)(a) shall be invested by the state treasurer and the
income earned shall be credited to the Abandoned Mine Reclamation Fund, except interest income
earned over $19,000 per year shall be credited to the General Fund.
(c) The division may at any time expend monies deposited into the fund under Subsection
(2)(a) to accomplish the purposes of the abandoned mine reclamation program.
(3) (a) (i) Monies received by the state from the secretary of the United States Department
of Interior, which are granted as special state set-aside monies in accordance with 30 U.S.C. Sec.
1232 et seq. shall be deposited in the Abandoned Mine Reclamation Fund.
(ii) Monies deposited into the fund under Subsection (3)(a)(i) shall be invested by the state
treasurer and the income earned shall be credited to the Abandoned Mine Reclamation Fund.
(b) After August 3, 1992, the division shall use the monies deposited into the Abandoned
Mine Reclamation Fund under this Subsection (3) to accomplish the purposes set forth in Sections
40-10-25 through 40-10-28.1 .
(c) Except as provided in Subsection (3)(d), the monies deposited into the Abandoned Mine
Reclamation Fund under this Subsection (3) shall be made available to the division through
legislative appropriations.
(d) The director of the division with the concurrence of the board may at any time expend
monies deposited into the Abandoned Mine Reclamation Fund under Subsection (3)(a) for any
emergency requiring immediate reclamation.
Section 31. Section 51-5-4 is amended to read:
51-5-4. Funds established -- Titles of funds -- Fund functions.
(1) (a) (i) The funds enumerated in this section are established as major fund types.
(ii) All resources and financial transactions of Utah state government shall be accounted for
within one of these major fund types.
(b) (i) All funds or subfunds shall be consolidated into one of the state's major fund types.
(ii) Where a specific statute requires that a restricted fund be established, that fund shall be
accounted for as an individual fund or subfund within the major fund type to meet generally accepted
accounting principles.
(iii) Existing and new activities of state government authorized by the Legislature shall be
accounted for within the framework of the major fund types established in this section.
(c) The Division of Finance shall determine the accounting classification that complies with
generally accepted accounting principles for all funds or subfunds created by the Legislature.
(d) (i) Major fund types shall be added by amending this chapter.
(ii) Whenever a new act creates or establishes a fund without amending this chapter, the
reference to a fund in the new act shall be classified within one of the major fund types established
by this section.
(2) Major Fund Type Titles:
(a) General Fund;
(b) Special Revenue Funds;
(c) Capital Projects Funds;
(d) Debt Service Funds;
(e) Permanent Funds;
(f) Enterprise Funds;
(g) Internal Service Funds;
(h) Trust and Agency Funds;
(i) General Fixed Assets Account Group;
(j) General Long-Term Obligation Account Group; and
(k) College and University Funds.
(3) The General Fund shall receive all revenues and account for all expenditures not
otherwise provided for by law in any other fund.
(4) Special Revenue Funds account for proceeds of specific revenue sources, other than
permanent funds, trust and agency funds, or major capital projects, that are legally restricted to
expenditures for a specific purpose.
(a) The Uniform School Fund is a Special Revenue Fund that accounts for all revenues that
are required by law to be expended for the public school programs of the state.
(b) The Transportation Fund is a Special Revenue Fund that accounts for all revenues that
are required by law to be expended for highway purposes.
(c) (i) A Restricted Special Revenue Fund is a Special Revenue Fund created by legislation
or contractual relationship with parties external to the state that:
(A) identifies specific revenues collected from fees, taxes, dedicated credits, donations,
federal funds, or other sources;
(B) defines the use of the money in the fund for a specific function of government or
program within an agency; and
(C) delegates spending authority or authorization to use the fund's assets to a governing
board, administrative department, or other officials as defined in the enabling legislation or contract
establishing the fund.
(ii) A Restricted Special Revenue Fund may only be created by contractual relationship with
external parties when the sources of revenue for the fund are donated revenues or federal revenues.
(iii) Restricted Special Revenue Funds are subject to annual legislative review by the
appropriate legislative appropriations subcommittee.
(5) Capital Projects Funds account for financial resources to be expended for the acquisition
or construction of major capital facilities, except that when financing for the acquisition or
construction of a major capital facility is obtained from a trust fund or a proprietary type fund within
one of the major fund types, the monies shall be accounted for in those accounts.
(6) Debt Service Funds account for the accumulation of resources for, and the payment of,
the principal and interest on general long-term obligations.
(7) Permanent Funds account for assets that are legally restricted to the extent that only
earnings, and not principal, may be used for a specific purpose.
(8) Enterprise Funds are designated to account for the following:
(a) operations, financed and operated in a manner similar to private business enterprises,
where the Legislature intends that the costs of providing goods or services to the public are financed
or recovered primarily through user charges;
(b) operations where the Legislature requires periodic determination of revenues earned,
expenses incurred, and net income;
(c) operations for which a fee is charged to external users for goods or services; or
(d) operations that are financed with debt that is secured solely by a pledge of the net
revenues from fees and charges of the operations.
(9) Internal Service Funds account for the financing of goods or services provided by one
department, division, or agency to other departments, divisions, or agencies of the state, or to other
governmental units, on a cost-reimbursement basis.
(10) (a) Trust and Agency Funds account for assets held by the state as trustee or agent for
individuals, private organizations, or other governmental units.
(b) Pension Trust Funds, Investment Trust Funds, Private-Purpose Trust Funds, and Agency
Funds are Trust and Agency Funds.
(11) The General Fixed Assets Account Group accounts for all fixed assets acquired or
constructed for use by the state, except for the fixed assets accounted for in the Internal Service,
Enterprise, Trust and Agency, and College and University Funds.
(12) The General Long-Term Obligation Account Group accounts for general obligation
bonds, revenue bonds, capital lease obligations, accrued annual and compensatory leave, and other
long-term obligations not otherwise recorded in Internal Service, Enterprise, Trust and Agency, and
College and University Funds.
(13) College and University Funds account for the financial resources used to operate the
state's colleges and universities.
Section 32. Section 51-5-7 is amended to read:
51-5-7. Expending plans and administrative expenses provided by legislative
appropriation and included in governor's budget.
(1) (a) [
the governmental funds are subject to legislative review and appropriation for each fiscal period.
(b) Restricted Special Revenue Funds are subject to legislative review for each fiscal period.
(2) Notwithstanding the source of the revenues and the restrictions imposed upon the
expenditure of the revenues, the planned expenditures for the governmental funds, except Restricted
Special Revenue Funds, shall be incorporated into the governor's budget and submitted to the
Legislature according to Section 63-38-2 .
(3) Expenses required in the administrative activities of the Restricted Special Revenue
Funds, the Enterprise Funds, the Internal Service Funds, and the Trust and Agency Funds are subject
to legislative review each year.
(a) Pro forma financial statements, including balance sheets, revenue and expenditure
statements, statements of changes in financial position, and other statements that may be required
for these funds shall be included in the governor's budget as information items and submitted to the
Legislature according to Section 63-38-2 .
(b) If the operating results of any of these funds demonstrate that an appropriation is needed
from any other fund or subfund, that appropriation shall be included in the governor's budget as a
budget request.
Section 33. Section 53-6-213 is amended to read:
53-6-213. Appropriations from reparation fund.
(1) The Legislature shall appropriate from the [
Chapter 25a, Part 4, the Crime Victims' Reparations Act, to the division, funds for training of law
enforcement officers in the state.
(2) The department shall make an annual report to the Legislature, which includes the
amount received during the previous fiscal year.
Section 34. Section 53C-5-104 is amended to read:
53C-5-104. Fees.
(1) The director shall collect a fee annually from each grazing permittee for the control of
noxious weeds and new and invading plant species on trust lands.
(2) The fee shall be 5 cents per animal unit month (AUM).
(3) Fees collected by the director under this section shall be deposited in the [
for the payment of costs incurred in controlling noxious weeds and new and invading plant species
on school and institutional trust lands.
Section 35. Section 54-8b-15 is amended to read:
54-8b-15. Universal Public Telecommunications Service Support Fund -- Established.
(1) For purposes of this section:
(a) "Basic telephone service" means local exchange service and may include such other
functions and elements, if any, as the commission determines to be eligible for support by the fund.
(b) "Fund" means the Universal Public Telecommunications Service Support Fund
established in this section.
(2) The commission shall establish [
known as the "Universal Public Telecommunications Service Support Fund," which is to be
implemented by January 1, 1998.
(3) The commission shall:
(a) institute a proceeding within 30 days of the effective date of this section to establish rules
governing the administration of the fund; and
(b) issue those rules by October 1, 1997.
(4) The rules in Subsection (3) shall[
(5) Operation of the fund shall be nondiscriminatory and competitively and technologically
neutral in the collection and distribution of funds, neither providing a competitive advantage for, nor
imposing a competitive disadvantage upon, any telecommunications provider operating in the state.
(6) The fund shall be designed to:
(a) promote equitable cost recovery of basic telephone service through the imposition of just
and reasonable rates for telecommunications access and usage; and
(b) preserve and promote universal service within the state by ensuring that customers have
access to affordable basic telephone service.
(7) To the extent not funded by a federal universal service fund or other federal jurisdictional
revenues [
the costs, as determined by the commission, of any qualifying telecommunications corporation in
providing public telecommunications services to:
(a) customers that qualify for a commission-approved lifeline program; and
(b) customers, where the basic telephone service rate considered affordable by the
commission in a particular geographic area is less than the costs, as determined by the commission
for that geographic area, of basic telephone service.
(8) The fund shall be portable among qualifying telecommunications corporations.
Requirements to qualify for funds under this section shall be defined by rules established by the
commission.
(9) As necessary to accomplish the purposes of this section, the fund shall provide a
mechanism for specific, predictable, and sufficient funds in addition to those provided under the
federal universal service fund.
(10) (a) Each telecommunications corporation that provides intrastate public
telecommunication service shall contribute to the fund on an equitable and nondiscriminatory basis.
(b) For purposes of funding the fund, the commission shall have the authority to require all
corporations that provide intrastate telecommunication services in this state to contribute monies to
the fund through explicit charges determined by the commission.
(c) Any charge in Subsection (10)(b) shall not apply to wholesale services, including access
and interconnection. Charges associated with being a provider of public telecommunications service
shall be in the form of end-user surcharges applied to intrastate retail rates.
[
(11) Nothing in this section shall be construed to enlarge or reduce the commission's
jurisdiction or authority, as provided in other provisions of this title.
(12) Any telecommunications corporation failing to make contributions to this fund or
failing to comply with the directives of the commission concerning its books, records, or other
information required to administer this section shall be subject to applicable penalties.
(13) The commission shall have a bill prepared for the 1998 General Session of the
Legislature to place in statute as much of the regulation implemented by rule pursuant to the act the
commission believes is practicable.
Section 36. Section 58-3a-103 is amended to read:
58-3a-103. Education and enforcement fund.
(1) There is created a restricted special revenue fund known as the "Architects Education and
Enforcement Fund."
(2) The fund consists of monies from:
(a) a surcharge fee placed on initial, renewal, and reinstatement licensure fees under this
chapter in accordance with the following:
(i) the surcharge fee shall be determined by the department in accordance with Section
63-38-3.2 ; and
(ii) the surcharge fee shall not exceed 50% of the respective initial, renewal, or reinstatement
licensure fee; and
(b) administrative penalties collected pursuant to this chapter.
(3) The fund shall earn interest and all interest earned on fund monies shall be deposited into
the fund.
(4) The director may, with concurrence of the board, make distributions from the fund for
the following purposes:
(a) education and training of licensees under this chapter;
(b) education and training of the public or other interested persons in matters concerning
architectural laws and practices; and
(c) enforcement of this chapter by:
(i) investigating unprofessional or unlawful conduct; and
(ii) providing legal representation to the division when the division takes legal action against
a person engaging in unprofessional or unlawful conduct.
(5) If the balance in the fund exceeds $100,000 at the close of any fiscal year, the excess
shall be transferred to the General Fund.
(6) The division shall report annually to the appropriate appropriations subcommittee of the
Legislature concerning the fund.
Section 37. Section 58-11a-103 is amended to read:
58-11a-103. Education and enforcement fund.
(1) There is created a restricted special revenue fund known as the "Cosmetologist/Barber,
Esthetician, Electrologist, and Nail Technician Education and Enforcement Fund."
(2) The fund consists of monies from administrative penalties collected pursuant to this
chapter.
(3) The fund shall earn interest and all interest earned on fund monies shall be deposited into
the fund.
(4) The director may, with concurrence of the board, make distributions from the fund for
the following purposes:
(a) education and training of licensees under this chapter;
(b) education and training of the public or other interested persons in matters concerning the
laws governing the practices licensed under this chapter; and
(c) enforcement of this chapter by:
(i) investigating unprofessional or unlawful conduct; and
(ii) providing legal representation to the division when the division takes legal action against
a person engaging in unprofessional or unlawful conduct.
(5) The division shall report annually to the appropriate appropriations subcommittee of the
Legislature concerning the fund.
Section 38. Section 58-22-103 is amended to read:
58-22-103. Education and enforcement fund.
(1) There is created a restricted special revenue fund known as the "Professional Engineer,
Professional Structural Engineer, and Professional Land Surveyor Education and Enforcement
Fund."
(2) The fund consists of monies from:
(a) a surcharge fee placed on initial, renewal, and reinstatement licensure fees under this
chapter in accordance with the following:
(i) the surcharge fee shall be established by the department in accordance with Section
63-38-3.2 ; and
(ii) the surcharge fee shall not exceed 50% of the respective initial, renewal, or reinstatement
licensure fee; and
(b) administrative penalties collected pursuant to this chapter.
(3) The fund shall earn interest and all interest earned on fund monies shall be deposited into
the fund.
(4) The director may, with concurrence of the board, make distributions from the fund for
the following purposes:
(a) education and training of licensees under this chapter;
(b) education and training of the public or other interested persons in matters concerning
engineering, structural engineering, and land surveying laws and practices; and
(c) enforcement of this chapter by:
(i) investigating unprofessional or unlawful conduct; and
(ii) providing legal representation to the division when the division takes legal action against
a person engaging in unprofessional or unlawful conduct.
(5) If the balance in the fund exceeds $100,000 at the close of any fiscal year, the excess
shall be transferred to the General Fund.
(6) The division shall report annually to the appropriate appropriations subcommittee of the
Legislature concerning the fund.
Section 39. Section 58-53-103 is amended to read:
58-53-103. Education and enforcement fund.
(1) There is created a restricted [
as the "Landscape Architects Education and Enforcement Fund."
(2) The fund consists of monies from:
(a) a surcharge placed on application fees for initial, renewal, and reinstatement licensure
under this chapter, in an amount established by the division with the collaboration of the board in
accordance with Section 63-38-3.2 , not to exceed 50% of the respective fee; and
(b) administrative penalties collected pursuant to this chapter.
(3) The fund shall earn interest, and all interest earned on fund monies shall be deposited
into the fund.
(4) The director may, with concurrence of the board, make distributions from the fund for
the following purposes:
(a) education and training of licensees under this chapter;
(b) education and training of the public or other interested persons in matters concerning
landscape architectural laws and practices; and
(c) enforcement of this chapter by:
(i) investigating unprofessional or unlawful conduct; and
(ii) providing legal representation to the division when the division takes legal action against
a person engaging in unprofessional or unlawful conduct.
(5) If the balance in the fund exceeds $100,000 at the close of any fiscal year, the excess
shall be transferred to the General Fund.
(6) The division shall report annually to the appropriate appropriations subcommittee of the
Legislature concerning the fund.
Section 40. Section 58-67a-1 is amended to read:
58-67a-1. Physicians Education Fund.
(1) There is created a restricted special revenue fund known as the "Physicians Education
Fund" to receive and account for revenue and expenditures for making education available to
physicians and surgeons, osteopathic physicians and surgeons, and naturopathic physicians,
concerning the requirements of Title 58, Occupations and Professions, division rules, and
requirements under Title 58, Chapter 37, Utah Controlled Substances Act, and division rules made
under that chapter.
(2) Administrative penalties ordered and collected pursuant to this section shall be deposited
in the account.
(3) The fund shall earn interest and all interest earned on account monies shall be deposited
into the account.
(4) The director, with the concurrence of the board, may make distributions from the fund
to make available education and training for physicians and surgeons, osteopathic physicians and
surgeons, and naturopathic physicians.
(5) If the balance in the fund exceeds $100,000 at the close of any fiscal year, the excess
shall be transferred to the General Fund.
(6) The division shall report on the fund annually to the appropriate appropriations
subcommittee of the Legislature.
Section 41. Section 59-10-548 is amended to read:
59-10-548. Election Campaign Fund -- Contents -- Disbursement and distribution --
Limitations on expenditures -- Violations.
(1) There is established [
consist of all amounts deposited to it as provided in Section 59-10-547 .
(2) The state treasurer shall on or before four months after the due date of the returns
required by this chapter as to which designations of payment to the fund have been made make
disbursements from the fund as follows:
(a) One-half of that portion of the amounts deposited in the fund since the last disbursement
designated for any given political party shall be disbursed to the state central committee of that party.
(b) The balance of this portion shall be distributed to the respective county central
committees of that party in the direct relationship that the number of taxpayers who designated that
amounts be paid into the fund for that party residing in any county bears to the total number of such
taxpayers who made designations for that party in the state.
(3) Each state central committee and county central committee which receives disbursements
from the fund shall establish a separate account for these disbursements. Payments from any of these
accounts shall only be made upon explicit authorization, as to each payment, from a duly convened
meeting of the applicable central committee, which duty of authorization is not delegable. Any
person violating this subsection is guilty of a misdemeanor, and any person has standing to enjoin
any violation of it.
Section 42. Section 61-1-18.7 is amended to read:
61-1-18.7. Funding of securities investor education and training.
(1) There is created a restricted special revenue fund known as the "Securities Investor
Education and Training Fund" to provide revenue for educating the public and the securities industry
as provided in this section.
(2) All money received by the state by reason of civil penalties ordered and administrative
fines collected pursuant to this chapter shall be deposited in the Securities Investor Education and
Training Fund, and subject to the requirements of Title 51, Chapter 5, Funds Consolidation Act.
(3) The special revenue fund may include any fines collected by the division after July 1,
1989, pursuant to voluntary settlements or administrative orders.
(4) (a) The fund shall earn interest.
(b) All interest earned on fund monies shall be deposited into the fund.
(5) Notwithstanding Title 63, Chapter 38, Budgetary Procedures Act, the director may use
special revenue fund monies, upon concurrence of the Securities Advisory Board and the executive
director of the Department of Commerce, in a manner consistent with the duties of the division under
this chapter and only for any or all of the following and the expense of providing them:
(a) education and training of Utah residents in matters concerning securities laws and
investment decisions, by publications or presentations;
(b) education of registrants and licensees under this chapter, by:
(i) publication of this chapter and rules and policy statements and opinion letters of the
division; and
(ii) sponsorship of seminars or meetings to educate registrants and licensees as to the
requirements of this chapter; and
(c) investigation and litigation.
(6) If the balance in the fund exceeds $100,000 at the close of any fiscal year, the excess
shall be transferred to the General Fund.
Section 43. Section 61-2a-3 is amended to read:
61-2a-3. Education, Research, and Recovery Fund.
There is created a [
the "Real Estate Education, Research, and Recovery Fund." The actual interest earned on the Real
Estate Education, Research, and Recovery Fund shall be deposited into the fund. At the
commencement of each fiscal year, $100,000 shall be available in the fund for satisfying judgments
rendered against persons licensed under Title 61, Chapter 2, Division of Real Estate.
Section 44. Section 62A-8-103 is amended to read:
62A-8-103. Division -- Creation -- Responsibilities.
(1) There is created the Division of Substance Abuse within the department, under the
administration and general supervision of the executive director, and, with regard to its programs,
under the policy direction of the board. The division is the substance abuse authority for this state.
(2) The division shall:
(a) educate the general public regarding the nature and consequences of substance abuse by
promoting school and community-based prevention programs;
(b) render support and assistance to public schools through approved school-based substance
abuse education programs aimed at prevention of substance abuse;
(c) promote or establish programs for the prevention of substance abuse within the
community setting through community-based prevention programs;
(d) promote or establish cooperative relationships with courts, hospitals, clinics, medical and
social agencies, public health authorities, law enforcement agencies, education and research
organizations, and other related groups;
(e) provide consultation and other assistance to public and private agencies and groups;
(f) cooperate and assist other organizations and private treatment centers for substance
abusers, by providing them with essential materials for furthering programs of prevention and
rehabilitation of actual and potential substance abusers;
(g) promote or conduct research on substance abuse issues, and submit to the governor and
the Legislature recommendations for changes in policy and legislation;
(h) receive, distribute, and provide direction over public funds for substance abuse services;
(i) consult and coordinate with local substance abuse authorities regarding substance abuse
programs and services;
(j) promote or establish programs for education and certification of instructors to educate
persons convicted of driving under the influence of alcohol or drugs or driving with any measurable
controlled substance in the body;
(k) monitor and evaluate programs provided by local substance abuse authorities;
(l) examine expenditures of any local, state, and federal funds;
(m) monitor the expenditure of public funds by:
(i) local substance abuse authorities; and
(ii) in counties where they exist, the private contract provider that has an annual or otherwise
ongoing contract to provide comprehensive substance abuse programs or services for the local
substance abuse authority;
(n) contract with local substance abuse authorities to provide a comprehensive continuum
of services in accordance with board and division policy, contract provisions, and the local plan;
(o) contract with private and public entities for special statewide or nonclinical services
according to board and division policy;
(p) review and approve each local substance abuse authority's plan in order to assure:
(i) a statewide comprehensive continuum of substance abuse services; and
(ii) appropriate expenditure of public funds;
(q) review and make recommendations regarding each local substance abuse authority's
contract with its provider of substance abuse programs and services to assure compliance with state
and federal law and policy;
(r) monitor and assure compliance with board and division policy and contract requirements;
and
(s) withhold funds from local substance abuse authorities and public and private providers
for contract noncompliance, failure to comply with division directives regarding the use of public
funds, or for misuse of public funds or monies.
(3) (a) The division may refuse to contract with and may pursue its legal remedies against
any local substance abuse authority that fails, or has failed, to expend public funds in accordance
with state law, policy, contract provisions, or directives issued in accordance with state law.
(b) The division may withhold funds from a local substance abuse authority if the authority's
contract with its provider of substance abuse services fails to comply with state and federal law or
policy.
(4) Before reissuing or renewing a contract with any local substance abuse authority, the
division shall review and determine whether the local substance abuse authority is complying with
its oversight and management responsibilities described in Sections 17A-3-701 and 17A-3-703 .
Nothing in this Subsection (4) may be used as a defense to the responsibility and liability described
in Section 17A-3-703 .
(5) In carrying out its duties and responsibilities, the division may not duplicate treatment
or educational facilities that exist in other divisions or departments of the state, but shall work in
conjunction with those divisions and departments in rendering the treatment or educational services
that those divisions and departments are competent and able to provide.
(6) (a) The division may accept in the name of and on behalf of the state donations, gifts,
devises, or bequests of real or personal property or services to be used as specified by the donor.
(b) Those donations, gifts, devises, or bequests shall be used by the division in performing
its powers and duties. Any money so obtained shall be considered private nonlapsing funds and shall
be deposited into an interest-bearing [
by the division for substance abuse services. The state treasurer may invest the fund and all interest
shall remain with the fund.
(7) The division shall annually review with each local substance abuse authority the
authority's statutory and contract responsibilities regarding:
(a) the use of public funds;
(b) oversight responsibilities regarding public funds; and
(c) governance of substance abuse programs and services.
Section 45. Section 62A-12-102 is amended to read:
62A-12-102. Division of Mental Health -- Creation -- Responsibilities.
(1) There is created the Division of Mental Health within the department, under the
administration and general supervision of the executive director, and, with regard to its programs,
under the policy direction of the board. The division is the mental health authority for this state.
(2) The division shall:
(a) collect and disseminate information pertaining to mental health;
(b) develop, administer, and supervise a comprehensive state mental health program;
(c) provide direction over the state hospital including approval of its budget, administrative
policy, and coordination of services with local service plans;
(d) promote and establish cooperative relationships with courts, hospitals, clinics, medical
and social agencies, public health authorities, law enforcement agencies, education and research
organizations, and other related groups;
(e) receive, distribute, and provide direction over public funds for mental health services;
(f) consult and coordinate with local mental health authorities regarding mental health
programs and services;
(g) monitor and evaluate programs provided by local mental health authorities with public
funds;
(h) examine expenditures of any local, state, and federal funds;
(i) monitor the expenditure of public funds by local mental health authorities and their
contract providers;
(j) contract with local mental health authorities to provide or arrange for a comprehensive
continuum of services in accordance with board and division policy, contract provisions, and the
local plan;
(k) contract with private and public entities for special statewide or nonclinical services in
accordance with board and division policy;
(l) review and approve each local mental health authority's plan, to assure:
(i) a statewide comprehensive continuum of mental health services; and
(ii) appropriate expenditure of public funds;
(m) review and make recommendations regarding each local mental health authority's
contract with its provider of mental health programs and services to assure compliance with state and
federal law and policy;
(n) promote or conduct research on mental health issues and submit any recommendations
for changes in policy and legislation to the Legislature and the governor;
(o) withhold funds from local mental health authorities and public and private providers for
contract noncompliance, failure to comply with division directives regarding the use of public funds,
or for misuse of public funds or monies;
(p) cooperate with other state, county, nonprofit, and other private entities to prevent
duplication of services;
(q) monitor and assure compliance with board and division policy and contract requirements;
and
(r) perform such other acts as are necessary to promote mental health in the state.
(3) (a) The division may refuse to contract with and may pursue its legal remedies against
any local mental health authority that fails, or has failed, to expend public funds in accordance with
state law, policy, contract provisions, or directives issued in accordance with state law.
(b) The division may withhold funds from a local mental health authority if the authority's
contract with its provider of mental health programs and services fails to comply with state and
federal law or policy.
(4) Before reissuing or renewing a contract with any local mental health authority, the
division shall review and determine whether the local mental health authority is complying with its
oversight and management responsibilities described in Sections 17A-3-602 and 17A-3-603.5 .
Nothing in this Subsection (4) may be used as a defense to the responsibility and liability described
in Section 17A-3-603.5 .
(5) (a) The division may accept, in the name of and on behalf of the state, donations, gifts,
devises, or bequests of real or personal property or services to be used as specified by the donor.
(b) Those donations, gifts, devises, or bequests shall be used by the division in the
performance of its powers and duties. Any money so obtained shall be [
revenue fund to be used by the division for mental health services. The state treasurer may invest
the fund and all interest shall remain with the fund.
(6) The division shall annually review with each local mental health authority the authority's
statutory and contract responsibilities regarding:
(a) the use of public funds;
(b) oversight responsibilities regarding public funds; and
(c) governance of mental health programs and services.
Section 46. Section 62A-12-204 is amended to read:
62A-12-204. Receipt of gift -- Transfer of persons from other institutions.
(1) The division may take and hold by gift, devise, or bequest real and personal property
required for the use of the state hospital. With the approval of the governor it may convert that
property which is not suitable for its use into money or property that is suitable for that use.
(2) The state hospital is authorized to receive from any other institution within the
department any person committed to that institution, when a careful evaluation of the treatment
needs of the person and of the treatment programs available at the state hospital indicates that the
transfer would be in the interest of that person.
(3) (a) Notwithstanding the provisions of Subsection 62A-1-111 (10), the state hospital is
authorized to receive gifts, grants, devises, and donations and shall deposit them into an
interest-bearing [
the fund and all interest is to remain with the fund.
(b) Those gifts, grants, devises, donations, and the proceeds thereof shall be used by the
superintendent or his designee for the use and benefit of patients at the state hospital.
Section 47. Section 63-25a-402 is amended to read:
63-25a-402. Definitions.
As used in this chapter:
(1) "Accomplice" means a person who has engaged in criminal conduct as defined in Section
76-2-202 .
(2) "Board" means the Crime Victims' Reparations Board created under Section 63-25a-404 .
(3) "Bodily injury" means physical pain, illness, or any impairment of physical condition.
(4) "Claim" means:
(a) the victim's application or request for a reparations award; and
(b) the formal action taken by a victim to apply for reparations pursuant to Sections
63-25a-401 through 63-25a-428 .
(5) "Claimant" means any of the following claiming reparations under this chapter:
(a) a victim;
(b) a dependent of a deceased victim;
(c) a representative other than a collateral source; or
(d) the person or representative who files a claim on behalf of a victim.
(6) "Child" means an unemancipated person who is under 18 years of age.
(7) "Collateral source" means the definition as provided in Section 63-25a-413 .
(8) "Contested case" means a case which the claimant contests, claiming the award was
either inadequate or denied, or which a county attorney, a district attorney, a law enforcement officer,
or other individual related to the criminal investigation proffers reasonable evidence of the claimant's
lack of cooperation in the prosecution of a case after an award has already been given.
(9) (a) "Criminally injurious conduct" other than acts of war declared or not declared means
conduct that:
(i) is or would be subject to prosecution in this state under Section 76-1-201 ;
(ii) occurs or is attempted;
(iii) causes, or poses a substantial threat of causing, bodily injury or death;
(iv) is punishable by fine, imprisonment, or death if the person engaging in the conduct
possessed the capacity to commit the conduct; and
(v) does not arise out of the ownership, maintenance, or use of a motor vehicle, aircraft, or
water craft, unless the conduct is intended to cause bodily injury or death, or is conduct which is or
would be punishable under Title 76, Chapter 5, Offenses Against the Person, or as any offense
chargeable as driving under the influence of alcohol or drugs.
(b) "Criminally injurious conduct" includes an act of terrorism, as defined in 18 U.S.C. 2331
committed outside of the United States against a resident of this state. "Terrorism" does not include
an "act of war" as defined in 18 U.S.C. 2331.
(10) "Dependent" means a natural person to whom the victim is wholly or partially legally
responsible for care or support and includes a child of the victim born after his death.
(11) "Dependent's economic loss" means loss after the victim's death of contributions of
things of economic value to his dependent, not including services the dependent would have received
from the victim if he had not suffered the fatal injury, less expenses of the dependent avoided by
reason of victim's death.
(12) "Dependent's replacement services loss" means loss reasonably and necessarily incurred
by the dependent after the victim's death in obtaining services in lieu of those the decedent would
have performed for his benefit if he had not suffered the fatal injury, less expenses of the dependent
avoided by reason of the victim's death and not subtracted in calculating the dependent's economic
loss.
(13) "Director" means the director of the Reparations Office.
(14) "Disposition" means the sentencing or determination of penalty or punishment to be
imposed upon a person:
(a) convicted of a crime;
(b) found delinquent; or
(c) against whom a finding of sufficient facts for conviction or finding of delinquency is
made.
(15) "Economic loss" means economic detriment consisting only of allowable expense, work
loss, replacement services loss, and if injury causes death, dependent's economic loss and
dependent's replacement service loss. Noneconomic detriment is not loss, but economic detriment
is loss although caused by pain and suffering or physical impairment.
(16) "Elderly victim" means a person 60 years of age or older who is a victim.
(17) "Fraudulent claim" means a filed claim based on material misrepresentation of fact and
intended to deceive the reparations staff for the purpose of obtaining reparation funds for which the
claimant is not eligible as provided in Section 63-25a-410 .
(18) "Fund" means the Crime Victim Reparation Fund created in Section 63-63a-4 .
[
53-13-103 .
[
criminally injurious conduct but does not include mental health evaluations for the prosecution and
investigation of a crime.
[
necessitated as a result of criminally injurious conduct. The definition of mental health counseling
is subject to rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative
Rulemaking Act.
[
victim which was attributable to the injury or death of the victim as provided by rules promulgated
by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
[
impairment, and other nonpecuniary damage, except as provided in this chapter.
[
as otherwise provided in this chapter.
[
injurious conduct regardless of whether he is arrested, prosecuted, or convicted.
[
[
injurious conduct.
[
[
carrying out this chapter.
[
investigate claims of victims and award reparations under this chapter, and includes the director
when he is acting as a reparations officer.
[
staff employed to administer the Crime Victims' Reparations Act.
[
in obtaining ordinary and necessary services in lieu of those the injured person would have
performed, not for income but the benefit of himself or his dependents if he had not been injured.
[
attorney, conservator, executor, or an heir of a person but does not include service providers.
[
offender to pay or render to a victim of the offender's conduct.
[
criminally injurious conduct subject to rules promulgated by the board pursuant to Title 63, Chapter
46a, Utah Administrative Rulemaking Act.
[
victims for a monetary fee except attorneys as provided in Section 63-25a-424 .
[
(37) (a) "Victim" means a person who suffers bodily or psychological injury or death as a
direct result of criminally injurious conduct or of the production of pornography in violation of
Sections 76-5a-1 through 76-5a-4 if the person is a minor.
(b) "Victim" does not include a person who participated in or observed the judicial
proceedings against an offender unless otherwise provided by statute or rule.
(c) "Victim" includes a resident of this state who is injured or killed by an act of terrorism,
as defined in 18 U.S.C. 2331, committed outside of the United States.
(38) "Work loss" means loss of income from work the injured victim would have performed
if he had not been injured and expenses reasonably incurred by him in obtaining services in lieu of
those he would have performed for income, reduced by any income from substitute work he was
capable of performing but unreasonably failed to undertake.
Section 48. Section 63-25a-405 is amended to read:
63-25a-405. Board and office within Commission on Criminal and Juvenile Justice.
(1) The Crime Victims' Reparations Board and Reparations Office are placed within the
Commission on Criminal and Juvenile Justice for the provision by the commission of administrative
and support services to the Reparations Office.
(2) The board or the director may request assistance from the Commission on Criminal and
Juvenile Justice, the Department of Public Safety, and other state agencies in conducting research
or monitoring victims' programs.
(3) The [
Juvenile Justice budget.
Section 49. Section 63-25a-406 is amended to read:
63-25a-406. Functions of board.
(1) The board shall:
(a) adopt a description of the organization and prescribe the general operation of the board;
(b) prescribe policy for the Reparations Office;
(c) adopt rules to implement and administer Sections 63-25a-401 through 63-25a-428
pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act, which may include setting
of ceilings on reparations, defining of terms not specifically stated in this chapter, and establishing
of rules governing attorney fees;
(d) prescribe forms for applications for reparations;
(e) review all awards made by the reparations staff, although the board may not reverse or
modify awards authorized by the reparations staff;
(f) render an annual report to the governor and the Legislature regarding the staff's and the
board's activities;
(g) cooperate with the director and his staff in formulating standards for the uniform
application of Section 63-25a-409 , taking into consideration the rates and amounts of reparation
payable for injuries and death under other laws of this state and the United States;
(h) advocate the adoption, repeal, or modification of laws or proposed legislation in the
interest of victims of crime;
(i) allocate monies available in the Crime [
victims of criminally injurious conduct for reparations claims; and
(j) allocate monies available to other victim services as provided by administrative rule once
a sufficient reserve has been established for reparation claims.
(2) All rules, or other statements of policy, along with application forms specified by the
board, are binding upon the director, the reparations officers, and other staff.
Section 50. Section 63-25a-407 is amended to read:
63-25a-407. Director -- Appointment and functions.
The executive director of the Commission on Criminal and Juvenile Justice, after consulting
with the board, shall appoint a director to carry out the provisions of this chapter. The director shall
be an experienced administrator with a background in at least one of the following fields: social
work, psychology, criminal justice, law, or a related field. The director shall demonstrate an
understanding of the needs of crime victims and of services to victims. The director shall devote his
time and capacity to his duties. The director shall:
(1) hire staff, including reparations officers, as necessary;
(2) act when necessary as a reparations officer in deciding initial claims;
(3) possess the same investigation and decision-making authority as the reparations officers;
(4) hear appeals from the decisions of the reparations officers, unless he acted as a
reparations officer on the initial claim;
(5) serve as a liaison between the reparations staff and the Reparations Office;
(6) serve as the public relations representative of the Reparations Office;
(7) provide for payment of all administrative salaries, fees, and expenses incurred by the staff
of the board, to be paid out of appropriations from the [
(8) cooperate with the state treasurer and the state Division of Finance in causing the funds
in the trust fund to be invested and its investments sold or exchanged and the proceeds and income
collected;
(9) apply for, receive, allocate, disburse, and account for grants of funds made available by
the United States, the state, foundations, corporations, and other businesses, agencies, or individuals;
(10) obtain and utilize the services of other governmental agencies upon request; and
(11) act in any other capacity or perform any other acts necessary for the Reparations Office
or board to successfully fulfill its statutory objectives.
Section 51. Section 63-25a-411 is amended to read:
63-25a-411. Compensable losses and amounts.
A reparations award under this chapter may be made if:
(1) the reparations officer finds the claim satisfies the requirements for the award under the
provisions of this chapter and the rules of the board;
(2) [
(3) the person for whom the award of reparations is to be paid is otherwise eligible under
this act;
(4) the claim is for an allowable expense incurred by the victim, as follows:
(a) reasonable and necessary charges incurred for products, services, and accommodations;
(b) inpatient and outpatient medical treatment and physical therapy, subject to rules
promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act;
(c) mental health counseling which:
(i) is set forth in a mental health treatment plan which has been approved prior to any
payment by a reparations officer; and
(ii) qualifies within any further rules promulgated by the board pursuant to Title 63, Chapter
46a, Utah Administrative Rulemaking Act;
(d) actual loss of past earnings and anticipated loss of future earnings because of a death or
disability resulting from the personal injury at a rate not to exceed 66-2/3% of the person's weekly
gross salary or wages or the maximum amount allowed under the state workers' compensation
statute;
(e) care of minor children enabling a victim or spouse of a victim, but not both of them, to
continue gainful employment at a rate per child per week as determined under rules established by
the board;
(f) funeral and burial expenses for death caused by the criminally injurious conduct, subject
to rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative
Rulemaking Act;
(g) loss of support to the dependent or dependents not otherwise compensated for a
pecuniary loss for personal injury, for as long as the dependence would have existed had the victim
survived, at a rate not to exceed 66-2/3% of the person's weekly salary or wages or the maximum
amount allowed under the state workers' compensation statute, whichever is less;
(h) personal property necessary and essential to the health or safety of the victim as defined
by rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative
Rulemaking Act; and
(i) medical examinations as defined in [
rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking
Act, which may allow for exemptions from Sections 63-25a-409 , 63-25a-412 , and 63-25a-413 .
(5) If a Utah resident suffers injury or death as a result of criminally injurious conduct
inflicted in a state, territory, or country that does not provide a reciprocal crime victims'
compensation program, the Utah resident has the same rights under this chapter as if the injurious
conduct occurred in this state.
(6) An award of reparations shall not exceed $25,000 in the aggregate unless the victim is
entitled to proceeds in excess of that amount as provided in Subsection 76-3-201.2 (2). However,
reparations for actual medical expenses incurred as a result of homicide, attempted homicide,
aggravated assault, or DUI offenses, may be awarded up to $50,000 in the aggregate.
Section 52. Section 63-25a-414 is amended to read:
63-25a-414. Notification of claimant -- Suspension of proceedings.
(1) The Reparations Office shall immediately notify the claimant in writing of any decision
and shall forward to the Division of Finance a certified copy of the decision and a warrant request
for the amount of the claim. The Division of Finance shall pay the claimant the amount submitted
to the division, out of the [
If [
shall be placed on a waiting list and shall receive their awards as funds are available in the order in
which their claims were awarded.
(2) The reparations officer may suspend the proceedings pending disposition of a criminal
prosecution that has been commenced or is imminent.
Section 53. Section 63-25a-419 is amended to read:
63-25a-419. Assignment of recovery -- Reimbursement.
(1) By accepting an award of reparations, the victim automatically assigns to the state,
subject to the provisions of Subsection (2), all claims against any third party to the lesser of:
(a) the amount paid by the state; or
(b) the amount recovered from the third party.
(2) The board, with the concurrence of the director, may reduce the state's right of
reimbursement if it is determined that the reduction will benefit the [
(3) The state reserves the right to make a claim for reimbursement on behalf of the victim
and the victim shall not impair the state's claim or the state's right of reimbursement.
Section 54. Section 63-25a-428 is amended to read:
63-25a-428. Purpose -- Not entitlement program.
(1) Crime Victims' Reparations is a program with the purpose to assist victims of criminally
injurious conduct. Reparation to a victim is limited to the monies available in the [
(2) This program is not an entitlement program. Awards may be limited or denied as
determined appropriate by the board. Failure to grant an award does not create a cause of action
against Crime Victims' Reparations, the state, or any of its subdivisions. There is no right to judicial
review over the decision whether or not to grant an award.
(3) A cause of action based on a failure to give or receive the notice required by this chapter
does not accrue to any person against the state, any of its agencies or local subdivisions, any of their
law enforcement officers or other agents or employees, or any health care or medical provider or its
agents or employees. The failure does not affect or alter any requirement for filing or payment of
a claim.
Section 55. Section 63-38-8 is amended to read:
63-38-8. End of fiscal year -- Unexpended balances -- Funds not to be closed out --
Pending claims -- Transfer of amounts from item of appropriation.
(1) As used in this section, "transaction control number" means the unique numerical
identifier established by the Department of Health to track each medical claim, which indicates the
date upon which the claim is entered.
(2) On or before August 31 of each fiscal year, the director of the Division of Finance shall
close out to the proper fund or account all remaining unexpended and unencumbered balances of
appropriations made by the Legislature, except:
(a) those funds classified under Title 51, Chapter 5, Funds Consolidation Act as:
(i) enterprise funds;
(ii) internal service funds;
(iii) trust and agency funds;
(iv) capital projects funds;
(v) college and university funds;
(vi) debt service funds; and
(vii) permanent funds;
(b) appropriations made to the Legislature and its committees;
(c) restricted special revenue funds, unless specifically directed to close out the fund in the
fund's enabling legislation;
[
Recreation;
[
equipment if delivery is expected before June 30;
[
requirements of Section 63-38-8.1 ; and
[
(3) (a) Liabilities and related expenses for goods and services received on or before June 30
shall be recognized as expenses due and payable from appropriations made prior to June 30.
(b) The liability and related expense shall be recognized within time periods established by
the Division of Finance but shall be recognized not later than August 31.
(c) Liabilities and expenses not so recognized may be paid from regular departmental
appropriations for the subsequent fiscal year, if these claims do not exceed unexpended and
unencumbered balances of appropriations for the years in which the obligation was incurred.
(d) No amounts may be transferred from an item of appropriation of any department,
institution, or agency into the Capital Projects Fund or any other fund without the prior express
approval of the Legislature.
(4) (a) For purposes of this chapter, claims processed under the authority of Title 26, Chapter
18, Medical Assistance Act, may not be considered a liability to the state for budgetary purposes
until they are received by the Division of Health Care Financing.
(b) The transaction control number recorded on each claim invoice by the division is
considered the date of receipt and is the date that liability is recognized by the state.
Section 56. Section 63-63a-4 is amended to read:
63-63a-4. Reparation fund -- Victim reparation and specific appropriations.
(1) In this section:
(a) "Reparation fund" means the Crime Victim Reparation [
(b) "Safety [
(2) (a) There is created [
"Crime Victim Reparation [
chapter by the Reparations Office under Title 63, Chapter 25a, Part 4, Crime Victims' Reparations
Act, in cooperation with the Division of Finance.
(b) Monies deposited in this fund are for victim reparations, other victim services, and, as
appropriated, for administrative costs of the Reparations Office under Title 63, Chapter 25a, Part 4,
Crime Victims' Reparations Act.
(3) (a) There is created a restricted [
the "Public Safety Support [
of Public Safety in cooperation with the Division of Finance as provided in this chapter.
(b) Monies deposited in this [
(i) the Division of Peace Officer Standards and Training (POST) as described in Title 53,
Chapter 6, Peace Officer Standards and Training Act; and
(ii) the Office of the Attorney General for the support of the Utah Prosecution Council
established in Title 67, Chapter 5a, and the fulfillment of the council's duties.
(4) The Division of Finance shall allocate from the collected surcharge established in Section
63-63a-1 :
(a) 35% to the reparation fund, but not to exceed $2,500,000 for fiscal year 1993-94;
(b) 18.5% to the safety [
by the Legislature; and
(c) 3% to the safety [
exceed the amount appropriated by the Legislature.
(5) (a) In addition to the funding provided by other sections of this chapter, a percentage of
the income earned by inmates working for correctional industries in a federally certified private
sector/prison industries enhancement program shall be deposited in the reparation fund.
(b) The percentage of income deducted from inmate pay under Subsection (5)(a) shall be
determined by the executive director of the Department of Corrections in accordance with the
requirements of the private sector/prison industries enhancement program.
(6) (a) In addition to the money collected from the surcharge, judges are encouraged to, and
may in their discretion, impose additional reparations to be paid into the reparation fund by convicted
criminals.
(b) The additional discretionary reparations may not exceed the statutory maximum fine
permitted by Title 76, Utah Criminal Code, for that offense.
Section 57. Section 63-73-21 is amended to read:
63-73-21. Utah Geological Survey Sample Library Fund.
(1) There is created [
"Utah Geological Survey Sample Library [
(2) The fund consists of monies from the following revenue sources:
(a) donations or contributions from individuals, companies, organizations, or government
entities; and
(b) interest generated by the fund.
(3) The director shall administer the fund.
(4) (a) Donations and other contributions to the fund and unallocated interest as provided
in Subsection (5)(d) shall constitute the fund's principal.
(b) The principal may be expended only with the concurrence of the board.
(5) (a) Interest generated by the fund may be expended to support the sample library as
provided in Subsections (5)(b) through (d).
(b) For the first two years of the fund's existence, interest generated by the fund shall accrue
to the fund and may not be expended.
(c) After two years, an amount of money equal to or less than the interest generated by the
fund in the previous fiscal year may be expended annually in support of the sample library.
(d) Funds that are eligible to be spent, but remain unallocated at the end of any fiscal year,
revert to the fund and become part of the fund's principle.
Section 58. Section 63C-9-502 is amended to read:
63C-9-502. Fund created -- Donations.
(1) There is created a restricted special revenue fund entitled the "State Capitol Fund."
(2) The fund consists of monies generated from the following revenue sources:
(a) any donations, deposits, contributions, gifts, money, and items of value received from
private persons, foundations, or organizations;
(b) appropriations made to the fund by the Legislature; and
(c) monies received by the board from the federal government.
(3) (a) The fund shall earn interest.
(b) All interest earned on fund monies shall be deposited into the fund.
(4) The board may use fund monies to:
(a) acquire historical and other items to furnish the capitol hill facilities;
(b) pay for the repair and maintenance of the capitol hill facilities and capitol hill grounds;
(c) pay for the rehabilitation of the capitol hill facilities and capitol hill grounds; and
(d) fund all costs incurred in complying with this chapter.
Section 59. Section 65A-8-6.1 is amended to read:
65A-8-6.1. Wildland Fire Suppression Fund created.
(1) There is created [
Fire Suppression Fund."
(2) The fund shall be administered by the division to pay fire suppression and presuppression
costs on eligible lands within unincorporated areas of counties.
(3) The contents of the fund shall include:
(a) payments by counties pursuant to written agreements made under Section 65A-8-6.2 ;
(b) interest and earnings from the investment of fund monies; and
(c) money appropriated by the Legislature.
(4) Fund monies shall be invested by the state treasurer with the earnings and interest
accruing to the fund.
(5) (a) A maximum level of $8,000,000 is established for the fund.
(b) (i) Except as provided in Subsection (5)(b)(ii), if the amount of money in the fund equals
or exceeds $8,000,000 on March 31, no assessments may be charged for the following year.
(ii) The waiver of assessments provided in Subsection (5)(b)(i) does not apply to any equity
payment required by Section 65A-8-6.2 .
Section 60. Section 67-4a-405 is amended to read:
67-4a-405. Deposit of funds.
(1) (a) There is created [
Property [
(b) The fund consists of all funds received under this chapter, including the proceeds from
the sale of abandoned property.
(c) The fund shall earn interest.
(2) The administrator shall:
(a) pay any legitimate claims or deductions authorized by this chapter from the fund;
(b) before the end of the fiscal year, estimate the amount of money from the fund that will
ultimately be needed to be paid to claimants; and
(c) at the end of the fiscal year, transfer any amount in excess of that amount to the Uniform
School Fund, except that unclaimed restitution for crime victims shall be transferred to the Crime
[
(3) Before making any transfer to the Uniform School Fund, the administrator may deduct
from the fund:
(a) amounts appropriated by the Legislature for administration of this chapter;
(b) any costs incurred in connection with the sale of abandoned property;
(c) costs of mailing and publication in connection with any abandoned property;
(d) reasonable service charges; and
(e) costs incurred in examining records of holders of property and in collecting the property
from those holders.
Section 61. Section 67-5a-8 is amended to read:
67-5a-8. Administration.
(1) (a) The administration costs of this chapter, including council staff compensation, shall
be funded from appropriations made by the Legislature to the Office of the Attorney General for the
support of the council from the Public Safety Support [
63-63a-4 .
(b) Funds available from other sources may also be appropriated by the Legislature to the
Office of the Attorney General for the administration of this chapter.
(2) In exercising its duties, the council shall minimize costs of administration and utilize
existing training facilities and resources where possible so the greatest portion of the funds available
are expended for training prosecuting attorneys.
(3) The council may reimburse council staff for travel and per diem expenses from the
appropriations made from the Public Safety Support [
General for the support of the council, in an amount not to exceed the amounts approved by the
director of the Division of Finance.
Section 62. Section 71-11-8 (Effective 07/01/02) is amended to read:
71-11-8 (Effective 07/01/02). Utah Veterans' Nursing Home Fund.
(1) There is created a restricted special revenue fund entitled the "Utah Veterans' Nursing
Home [
its residents.
(2) All cash donations, gifts, or bequests shall be deposited in the [
according to the wishes of the donor.
(3) All funds received by the home from federal or state agencies, individual insurance
reimbursement, or cash payments shall be deposited in the [
Section 63. Section 71-11-9 is amended to read:
71-11-9. Disposition of deceased resident's property.
(1) All money or other personal property of a resident held by the home which is left on the
premises of the home shall, upon the death of the resident, be held in trust to be paid or delivered to
the spouse, children, grandchildren, or parent of the resident upon the presentation of proof of
relationship. Any funds of a deceased resident may be disbursed for the payment of funeral expenses
or any obligation owed to the home.
(2) Property owned by a deceased resident of the home who dies without heirs or next-of-kin
not disposed of by will shall become the property of the home and deposited in the [
subject to the right of any heir to reclaim the property within five years after the resident's death upon
the presentation of proof of relationship.
Section 64. Section 73-5-1.5 is amended to read:
73-5-1.5. Water Commissioner Fund.
(1) There is created [
Commissioner Fund."
(2) The fund consists of assessments paid to the state engineer by water users pursuant to
Subsection 73-5-1 (3).
(3) (a) The fund shall earn interest.
(b) Interest earned on fund monies shall be deposited into the fund.
(4) The state engineer shall use fund monies to pay for salary and expenses of water
commissioners and other expenses related to the distribution of water specified in Subsection
73-5-1 (3).
Section 65. Section 76-10-922 is amended to read:
76-10-922. Antitrust Revolving Account.
(1) There is created within the General Fund [
"Antitrust Revolving Account" for the purpose of providing funds to pay for any costs and expenses
incurred by the attorney general in relation to actions under state or federal antitrust laws, which
account shall lapse only to the extent that it exceeds the sum of one million dollars.
(2) All monies received by the state or its agencies by reason of any judgment, settlement,
or compromise as the result of any such action commenced by the attorney general, after payment
of any costs or fees allocated by the court, shall be deposited to the Antitrust Revolving Account
except as otherwise provided in this section.
(3) The Legislature may make annual appropriations to the attorney general from the
Antitrust Revolving Account or from the General Fund, to such extent as may be required for the
administration and enforcement of the antitrust laws. These funds shall be in addition to such other
funds as may be appropriated to the attorney general for the administration and enforcement of the
laws of this state.
(4) Any monies recovered by the attorney general based on an expenditure or loss from a
specific cash fund shall be credited to that fund to the extent of the expenditure or loss. Any monies
recovered by the attorney general on behalf of any private person or public body other than the state
shall be paid to such persons or bodies. However, prior to any such credit or payment, any expenses
advanced by the attorney general in any of the above actions shall be credited to the Antitrust
Revolving Account.
Section 66. Section 77-32-502 is amended to read:
77-32-502. Indigent Inmate Trust Fund -- Creation.
(1) There is created [
Inmate Trust Fund" to be disbursed by the Division of Finance at the direction of the board and in
accordance with contracts made under Section 77-32-402 .
(2) Monies deposited in this trust fund only shall be used:
(a) to pay for the representation, costs, and expenses of legal defense counsel for an indigent
inmate in a state prison located in a county of the third, fourth, fifth, or sixth class as defined in
Section 17-50-501 who is charged with having committed a crime within the facility, and who will
require defense counsel; and
(b) for administrative costs pursuant to Section 77-32-401 .
(3) The trust fund consists of:
(a) proceeds received from counties that impose the additional tax levy by ordinance under
Subsection 77-32-501 (5) which shall be the total county obligation for payment of costs listed in
Subsection (2) for defense of indigent inmates;
(b) appropriations made to the fund by the Legislature; and
(c) interest and earnings from the investment of fund monies.
(4) Fund monies shall be invested by the state treasurer with the earnings and interest
accruing to the fund.
(5) In any calendar year in which the fund runs a deficit, or is projected to run a deficit, the
board shall request a supplemental appropriation from the Legislature in the following general
session to pay for the deficit. The state shall pay any or all of the reasonable and necessary monies
for the deficit into the Indigent Inmate Trust Fund.
(6) Notwithstanding Subsection (1), any fund balance in excess of $1,000,000 remaining in
the trust fund as of June 30 of any fiscal year shall be transferred to the General Fund.
Section 67. Section 77-32-601 is amended to read:
77-32-601. Establishment of Indigent Capital Defense Trust Fund -- Use of fund --
Compensation for indigent legal defense from fund.
(1) For purposes of this part, "fund" means the Indigent Capital Defense Trust Fund.
(2) There is established [
Capital Defense Trust Fund" which shall be nonlapsing and shall be disbursed by the Division of
Finance at the direction of the board and subject to the provisions of this chapter.
(3) The fund consists of:
(a) monies received from participating counties as provided in Sections 77-32-602 and
77-32-603 ;
(b) appropriations made to the fund by the Legislature as provided in Section 77-32-603 ; and
(c) interest and earnings from the investment of fund monies.
(4) Fund monies shall be invested by the state treasurer with the earnings and interest
accruing to the fund.
(5) The fund shall be used to assist participating counties with financial resources, as
provided in Subsection (6), to fulfill their constitutional and statutory mandates for the provision of
an adequate defense for indigents prosecuted for the violation of state laws in cases involving capital
felonies.
(6) Monies allocated to or deposited in this fund shall be used only:
(a) to reimburse participating counties for expenditures made for an attorney appointed to
represent an indigent, other than a state inmate in a state prison, prosecuted for a capital felony in
a participating county; and
(b) for administrative costs pursuant to Section 77-32-401 .
Section 68. Section 77-32-701 is amended to read:
77-32-701. Establishment of Indigent Felony Defense Trust Fund -- Use of fund --
Compensation for indigent legal defense from fund.
(1) For purposes of this part, "fund" means the Indigent Felony Defense Trust Fund.
(2) There is established [
Felony Defense Trust Fund" which shall be nonlapsing and shall be disbursed by the Division of
Finance at the direction of the board and subject to the provisions of this chapter.
(3) The fund consists of:
(a) monies received from participating counties as provided in Sections 77-32-702 and
77-32-703 ;
(b) a one-time appropriation by the Legislature; and
(c) interest and earnings from the investment of fund monies.
(4) Fund monies shall be invested by the state treasurer with the earnings and interest
accruing to the fund.
(5) The fund shall be used to assist participating counties with the financial resources, as
provided in Subsection (6), to fulfill their constitutional and statutory mandates for the provision of
an adequate defense for indigents prosecuted for the violation of state laws in cases involving felony
offenses.
(6) Monies allocated to or deposited in this fund shall be used only:
(a) to reimburse participating counties for expenditures made for an attorney appointed to
represent an indigent, other than a state inmate in a state prison, prosecuted for a felony in a
participating county; and
(b) for administrative costs pursuant to Section 77-32-401 .
Section 69. Section 78-14-12 is amended to read:
78-14-12. Division to provide panel -- Exemption -- Procedures -- Statute of limitations
tolled -- Composition of panel -- Expenses -- Division authorized to set license fees.
(1) (a) The division shall provide a hearing panel in alleged medical liability cases against
health care providers as defined in Section 78-14-3 , except dentists.
(b) (i) The division shall establish procedures for prelitigation consideration of medical
liability claims for damages arising out of the provision of or alleged failure to provide health care.
(ii) The division may establish rules necessary to administer the process and procedures
related to prelitigation hearings and the conduct of prelitigation hearings in accordance with Sections
78-14-12 through 78-14-16 .
(c) The proceedings are informal, nonbinding, and are not subject to Title 63, Chapter 46b,
Administrative Procedures Act, but are compulsory as a condition precedent to commencing
litigation.
(d) Proceedings conducted under authority of this section are confidential, privileged, and
immune from civil process.
(2) (a) The party initiating a medical liability action shall file a request for prelitigation panel
review with the division within 60 days after the service of a statutory notice of intent to commence
action under Section 78-14-8 .
(b) The request shall include a copy of the notice of intent to commence action. The request
shall be mailed to all health care providers named in the notice and request.
(3) (a) The filing of a request for prelitigation panel review under this section tolls the
applicable statute of limitations until the earlier of 60 days following the division's issuance of an
opinion by the prelitigation panel, or 60 days following the termination of jurisdiction by the division
as provided in this subsection. The division shall send any opinion issued by the panel to all parties
by regular mail.
(b) (i) The division shall complete a prelitigation hearing under this section within 180 days
after the filing of the request for prelitigation panel review, or within any longer period as agreed
upon in writing by all parties to the review.
(ii) If the prelitigation hearing has not been completed within the time limits established in
Subsection (3)(b)(i), the division has no further jurisdiction over the matter subject to review and the
claimant is considered to have complied with all conditions precedent required under this section
prior to the commencement of litigation.
(c) (i) The claimant and any respondent may agree by written stipulation that no useful
purpose would be served by convening a prelitigation panel under this section.
(ii) When the stipulation is filed with the division, the division shall within ten days after
receipt enter an order divesting itself of jurisdiction over the claim, as it concerns the stipulating
respondent, and stating that the claimant has complied with all conditions precedent to the
commencement of litigation regarding the claim.
(4) The division shall provide for and appoint an appropriate panel or panels to hear
complaints of medical liability and damages, made by or on behalf of any patient who is an alleged
victim of medical liability. The panels are composed of:
(a) one member who is a resident lawyer currently licensed and in good standing to practice
law in this state and who shall serve as chairman of the panel, who is appointed by the division from
among qualified individuals who have registered with the division indicating a willingness to serve
as panel members, and a willingness to comply with the rules of professional conduct governing
lawyers in the state of Utah, and who has completed division training regarding conduct of panel
hearings;
(b) (i) one member who is a licensed health care provider listed under Section 78-14-3 , who
is practicing and knowledgeable in the same specialty as the proposed defendant, and who is
appointed by the division in accordance with Subsection (5); or
(ii) in claims against only hospitals or their employees, one member who is an individual
currently serving in a hospital administration position directly related to hospital operations or
conduct that includes responsibility for the area of practice that is the subject of the liability claim,
and who is appointed by the division; and
(c) a lay panelist who is not a lawyer, doctor, hospital employee, or other health care
provider, and who is a responsible citizen of the state, selected and appointed by the division from
among individuals who have completed division training with respect to panel hearings.
(5) (a) Each person listed as a health care provider in Section 78-14-3 and practicing under
a license issued by the state, is obligated as a condition of holding that license to participate as a
member of a medical liability prelitigation panel at reasonable times, places, and intervals, upon
issuance, with advance notice given in a reasonable time frame, by the division of an Order to
Participate as a Medical Liability Prelitigation Panel Member.
(b) A licensee may be excused from appearance and participation as a panel member upon
the division finding participation by the licensee will create an unreasonable burden or hardship upon
the licensee.
(c) A licensee whom the division finds failed to appear and participate as a panel member
when so ordered, without adequate explanation or justification and without being excused for cause
by the division, may be assessed an administrative fine not to exceed $5,000.
(d) A licensee whom the division finds intentionally or repeatedly failed to appear and
participate as a panel member when so ordered, without adequate explanation or justification and
without being excused for cause by the division, may be assessed an administrative fine not to
exceed $5,000, and is guilty of unprofessional conduct.
(e) All fines collected under Subsections (5)(c) and (d) shall be deposited in the Physicians
Education [
(6) Each person selected as a panel member shall certify, under oath, that he has no bias or
conflict of interest with respect to any matter under consideration.
(7) Members of the prelitigation hearing panels shall receive per diem compensation and
travel expenses for attending panel hearings as established by rules of the division.
(8) (a) In addition to the actual cost of administering the licensure of health care providers,
the division may set license fees of health care providers within the limits established by law equal
to their proportionate costs of administering prelitigation panels.
(b) The claimant bears none of the costs of administering the prelitigation panel except under
Section 78-14-16 .
Section 70. Effective date.
This act takes effect on July 1, 2002.
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