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H.B. 264
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7 This act modifies the accounting classifications of certain funds to comply with generally
8 accepted accounting principles and changes the names of certain funds to correspond with
9 their new classifications. This act also creates a new type of fund, "Restricted Special
10 Revenue Fund," within the Special Revenue Funds major fund type because of changes in
11 generally accepted accounting principles. This act also designates certain existing special
12 revenue funds as restricted special revenue funds. This act makes technical corrections.
13 This act takes effect July 1, 2002.
14 This act affects sections of Utah Code Annotated 1953 as follows:
15 AMENDS:
16 4-21-3, as last amended by Chapter 10, Laws of Utah 1986, Second Special Session
17 9-6-502, as renumbered and amended by Chapter 241, Laws of Utah 1992
18 9-7-203, as last amended by Chapter 32, Laws of Utah 1995
19 9-7-206, as renumbered and amended by Chapter 241, Laws of Utah 1992
20 9-8-702, as enacted by Chapter 121, Laws of Utah 1991
21 9-10-102, as last amended by Chapter 175, Laws of Utah 2001
22 9-11-104, as last amended by Chapter 175, Laws of Utah 2001
23 9-14-102, as enacted by Chapter 368, Laws of Utah 1999
24 9-15-102, as last amended by Chapter 299, Laws of Utah 2000
25 11-38-301, as enacted by Chapter 24, Laws of Utah 1999
26 13-2-8, as renumbered and amended by Chapter 177, Laws of Utah 1994
27 19-6-307, as last amended by Chapter 324, Laws of Utah 1995
28 19-6-405.7, as enacted by Chapter 255, Laws of Utah 1998
29 19-6-409, as last amended by Chapter 21, Laws of Utah 1999
30 19-6-803, as last amended by Chapter 165, Laws of Utah 2001
31 19-6-804, as last amended by Chapter 9, Laws of Utah 2001
32 19-6-807, as last amended by Chapter 32 and renumbered and amended by Chapter 51,
33 Laws of Utah 2000
34 19-6-808, as renumbered and amended by Chapter 51, Laws of Utah 2000
35 19-6-811, as last amended by Chapter 165, Laws of Utah 2001
36 19-6-813, as last amended by Chapters 165 and 275, Laws of Utah 2001
37 19-6-815, as last amended by Chapter 165, Laws of Utah 2001
38 19-6-816, as last amended by Chapter 165, Laws of Utah 2001
39 19-6-817, as renumbered and amended by Chapter 51, Laws of Utah 2000
40 19-6-821, as renumbered and amended by Chapter 51, Laws of Utah 2000
41 19-6-824, as enacted by Chapter 32, Laws of Utah 2000
42 26-10-2.5, as enacted by Chapter 230, Laws of Utah 1991
43 35A-3-206, as renumbered and amended by Chapter 375, Laws of Utah 1997
44 38-11-201, as last amended by Chapter 172, Laws of Utah 1995
45 40-6-19, as enacted by Chapter 154, Laws of Utah 1997
46 40-10-25.1, as last amended by Chapter 4, Laws of Utah 1995
47 51-5-4, as last amended by Chapter 175, Laws of Utah 2001
48 51-5-7, as last amended by Chapters 154 and 194, Laws of Utah 1986
49 53-6-213, as last amended by Chapter 92, Laws of Utah 1999
50 53C-5-104, as enacted by Chapter 294, Laws of Utah 1994
51 54-8b-15, as enacted by Chapter 122, Laws of Utah 1997
52 58-3a-103, as enacted by Chapter 260, Laws of Utah 1996
53 58-11a-103, as enacted by Chapter 204, Laws of Utah 2001
54 58-22-103, as last amended by Chapter 259, Laws of Utah 1996
55 58-53-103, as renumbered and amended by Chapter 191, Laws of Utah 1998
56 58-67a-1, as enacted by Chapters 248 and 282, Laws of Utah 1996
57 59-10-548, as renumbered and amended by Chapter 2, Laws of Utah 1987
58 61-1-18.7, as last amended by Chapter 216, Laws of Utah 1992
59 61-2a-3, as last amended by Chapter 239, Laws of Utah 1991
60 62A-8-103, as last amended by Chapter 106, Laws of Utah 1999
61 62A-12-102, as last amended by Chapter 106, Laws of Utah 1999
62 62A-12-204, as last amended by Chapter 76, Laws of Utah 1990
63 63-25a-402, as last amended by Chapter 235, Laws of Utah 2000
64 63-25a-405, as last amended by Chapter 308, Laws of Utah 1997
65 63-25a-406, as last amended by Chapter 235, Laws of Utah 2000
66 63-25a-407, as renumbered and amended by Chapter 242, Laws of Utah 1996
67 63-25a-411, as last amended by Chapter 235, Laws of Utah 2000
68 63-25a-414, as renumbered and amended by Chapter 242, Laws of Utah 1996
69 63-25a-419, as last amended by Chapter 235, Laws of Utah 2000
70 63-25a-428, as last amended by Chapter 235, Laws of Utah 2000
71 63-38-8, as last amended by Chapter 175, Laws of Utah 2001
72 63-63a-4, as last amended by Chapter 220, Laws of Utah 2001
73 63-73-21, as enacted by Chapter 19, Laws of Utah 1996
74 63C-9-502, as enacted by Chapter 285, Laws of Utah 1998
75 65A-8-6.1, as last amended by Chapter 81, Laws of Utah 2001
76 67-4a-405, as last amended by Chapter 241, Laws of Utah 1996
77 67-5a-8, as enacted by Chapter 136, Laws of Utah 1990
78 71-11-8 (Effective 07/01/02), as last amended by Chapter 134, Laws of Utah 2000
79 71-11-9, as enacted by Chapter 217, Laws of Utah 1995
80 73-5-1.5, as enacted by Chapter 9, Laws of Utah 1999
81 76-10-922, as enacted by Chapter 79, Laws of Utah 1979
82 77-32-502, as last amended by Chapter 318, Laws of Utah 2000
83 77-32-601, as last amended by Chapter 209, Laws of Utah 2001
84 77-32-701, as enacted by Chapter 354, Laws of Utah 1997
85 78-14-12, as last amended by Chapter 137, Laws of Utah 1997
86 Be it enacted by the Legislature of the state of Utah:
87 Section 1. Section 4-21-3 is amended to read:
88 4-21-3. Beef promotion fee -- Deposit of revenue -- Fee set by referendum --
89 Reduction for amounts paid under federal law.
90 (1) (a) The department shall collect a fee established as required by Subsection (2), on all
91 fee brand inspected cattle upon change of ownership or slaughter[
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93 less than 25 cents.
94 (b) The fee is collected by the local brand inspector at the time of inspection of cattle, or
95 deducted and collected by the marketing agency or the purchaser.
96 (c) All revenue collected under this section shall be paid to the department which shall
97 deposit the revenue in [
98 known as the "Beef Promotion [
99 (2) Before a fee assessed under Subsection (1) becomes effective, the department shall
100 give notice of the proposed fee to all known beef and dairy cattle producers in the state, invite all
101 beef and dairy cattle producers to register to vote in a referendum, conduct a hearing on the
102 proposed fee change, and conduct a referendum where at least 50% of the registered producers cast
103 a vote with a majority of those voting casting an affirmative vote on the proposed fee level. [
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105 (3) Any fee currently assessed by the department continues in effect until modified by the
106 department under Subsections (1) and (2).
107 (4) The fee assessed under this section shall be reduced by the amount of any assessment
108 required to be paid pursuant to the Beef Promotion and Research Act of 1985, 7 U.S.C. Sec. 2901
109 et seq.
110 Section 2. Section 9-6-502 is amended to read:
111 9-6-502. Utah Arts Endowment Fund.
112 (1) There is created a [
113 Arts Endowment Fund."
114 (2) The state fund shall be administered by the board in accordance with applicable law.
115 (3) Any administrative costs incurred by the board shall be reviewed by the appropriate
116 appropriations committee of the Legislature.
117 (4) The state fund shall contain all moneys appropriated to it by the Legislature, all federal
118 funds received for purposes of this part, plus interest and other income earned on them.
119 (5) The purpose of the state fund is to provide moneys to qualifying arts organizations to
120 enable them to create their own arts endowment funds and to the board to administer the state
121 fund.
122 Section 3. Section 9-7-203 is amended to read:
123 9-7-203. Division duties.
124 The division shall:
125 (1) establish, operate, and maintain a state publications collection, a bibliographic control
126 system, and depositories as provided in this part;
127 (2) cooperate with other agencies to facilitate public access to government information
128 through electronic networks or other means;
129 (3) cooperate with other state or national libraries or library agencies;
130 (4) cooperate with the federal government or agencies in accepting federal aid whether in
131 the form of funds or otherwise;
132 (5) receive bequests, gifts, and endowments of money and deposit the funds with the state
133 treasurer to be placed in the State Library Donation [
134 be held for the purpose, if any, specifically directed by the donor; and
135 (6) receive bequests, gifts, and endowments of property to be held, used, or disposed of,
136 as directed by the donor, with the approval of the Division of Finance.
137 Section 4. Section 9-7-206 is amended to read:
138 9-7-206. State Library Donation Fund -- Deposits and fees.
139 (1) There is created a [
140 Library Donation [
141 (2) Any interest or proceeds realized from the use or disposition of property received by
142 the division or interest on the [
143 Donation [
144 specified by the donor.
145 (3) All fees paid to the library and collections made due to damaged books or through sale
146 or exchange of books and other materials shall be deposited in the General Fund as dedicated
147 credits for use by the State Library Division.
148 Section 5. Section 9-8-702 is amended to read:
149 9-8-702. Utah History Endowment Fund.
150 There is created a [
151 History Endowment Fund." The state fund shall be administered by the Division of Finance in
152 accordance with applicable law. The state fund shall contain all monies appropriated to it by the
153 Legislature and the interest and other income earned on the fund. The purpose of the state fund
154 is to provide monies to qualifying organizations to enable them to create their own history
155 endowment funds.
156 Section 6. Section 9-10-102 is amended to read:
157 9-10-102. Legislative intent -- Uintah Basin Revitalization Fund -- Deposits and
158 contents.
159 (1) In order to maximize the long-term benefit of severance taxes derived from lands held
160 in trust by the United States for the Tribe and its members by fostering funding mechanisms that
161 will, consistent with sound financial practices, result in the greatest use of financial resources for
162 the greatest number of citizens of the Uintah Basin, and in order to promote cooperation and
163 coordination between the state, its political subdivisions, Indian tribes, and individuals, firms, and
164 business organizations engaged in the development of oil and gas interests held in trust for the
165 Tribe and its members, there is created a restricted special revenue fund entitled the "Uintah Basin
166 Revitalization Fund."
167 (2) The fund consists of all monies deposited to the Revitalization Fund under this part and
168 Section 59-5-116 .
169 (3) (a) The Revitalization Fund shall earn interest.
170 (b) All interest earned on fund monies shall be deposited into the fund.
171 Section 7. Section 9-11-104 is amended to read:
172 9-11-104. San Juan Navajo Revitalization Fund.
173 (1) (a) There is created a restricted special revenue fund called the "Navajo Revitalization
174 Fund."
175 (b) The fund shall consist of:
176 (i) monies deposited to the fund under this chapter;
177 (ii) monies deposited to the fund under Section 59-5-119 ; and
178 (iii) any loan repayment or interest on a loan issued under this chapter.
179 (2) (a) The revitalization fund shall earn interest.
180 (b) All interest earned on fund monies shall be deposited into the fund.
181 (3) Any unallocated balance in the fund at the end of a fiscal year shall be nonlapsing.
182 (4) The division may use fund monies for the administration of the fund, but this amount
183 may not exceed 2% of the annual receipts to the fund.
184 Section 8. Section 9-14-102 is amended to read:
185 9-14-102. Rural Development Fund -- Deposits and contents -- Interest --
186 Administration.
187 (1) In order to compensate for the effects of the federal-state land exchange identified in
188 Section 53C-3-201 that have a significant social or economic impact on rural areas of the state
189 located in close proximity to where the former state lands are now designated as federal lands,
190 there is created a restricted special revenue fund entitled the "Rural Development Fund."
191 (2) The development fund sources of revenue are:
192 (a) monies deposited to the fund under this chapter; and
193 (b) monies deposited to the fund under Section 53C-3-202 .
194 (3) The development fund shall earn interest, which shall be deposited in the development
195 fund.
196 (4) The division may use development fund monies for administration of the fund, but not
197 to exceed 2% of the annual receipts to the fund.
198 (5) Any unallocated balance in the fund at the end of a fiscal year shall be nonlapsing.
199 Section 9. Section 9-15-102 is amended to read:
200 9-15-102. Rural Electronic Commerce Communications System Fund -- Deposits and
201 contents -- Interest -- Administration.
202 (1) In order to preserve and promote communications systems, such as broadcast
203 television, in the rural areas of the state, there is created a restricted special revenue fund entitled
204 the "Rural Electronic Commerce Communications System Fund."
205 (2) The fund shall consist of:
206 (a) monies deposited to the fund under this chapter;
207 (b) monies deposited to the fund under Section 53C-3-202 ; and
208 (c) bond proceeds from the issuance and sale of revenue bonds authorized under
209 Subsection 9-15-104 (2).
210 (3) The fund shall earn interest, which shall be deposited in the fund.
211 (4) Any unallocated balance in the fund at the end of a fiscal year shall be nonlapsing.
212 (5) The division may use fund monies for administration of the fund, but not to exceed 2%
213 of the annual receipts to the fund.
214 Section 10. Section 11-38-301 is amended to read:
215 11-38-301. LeRay McAllister Critical Land Conservation Fund.
216 (1) There is created a restricted special revenue fund entitled the "LeRay McAllister
217 Critical Land Conservation Fund," consisting of:
218 (a) money appropriated or otherwise made available by the Legislature;
219 (b) contributions of money, property, or equipment from federal agencies, political
220 subdivisions of the state, persons, or corporations;
221 (c) proceeds that a department chooses to place into the fund from the sale of surplus land
222 under Subsection (2); and
223 (d) funds from the State Building Energy Efficiency Program.
224 (2) The Department of Administrative Services, the Department of Agriculture and Food,
225 the Department of Natural Resources, and the Department of Transportation may place proceeds
226 from the sale of surplus land into the fund.
227 (3) The total amount of money in the fund may not exceed $6,000,000.
228 Section 11. Section 13-2-8 is amended to read:
229 13-2-8. Consumer Protection Education and Training Fund.
230 (1) There is created a restricted special revenue fund known as the "Consumer Protection
231 Education and Training Fund."
232 (2) Unless otherwise provided by a chapter listed in Section 13-2-1 , all money not
233 distributed as consumer restitution that is received by the division from administrative fines and
234 settlements, from criminal restitution, or from civil damages, forfeitures, penalties, and settlements
235 when the division receives the monies on its own behalf and not in a representative capacity, shall
236 be deposited into the fund.
237 (3) Notwithstanding Title 63, Chapter 38, Budgetary Procedures Act, the division may use
238 the fund with the approval of the executive director of the Department of Commerce in a manner
239 consistent with the duties of the division under this chapter for:
240 (a) consumer protection education for members of the public;
241 (b) equipment for and training of division personnel;
242 (c) publication of consumer protection brochures, laws, policy statements, or other material
243 relevant to the division's enforcement efforts; and
244 (d) investigation and litigation undertaken by the division.
245 (4) If the balance in the fund exceeds $75,000 at the close of any fiscal year, the excess
246 shall be transferred to the General Fund.
247 Section 12. Section 19-6-307 is amended to read:
248 19-6-307. Hazardous Substances Mitigation Fund -- Uses.
249 (1) There is created [
250 "Hazardous Substances Mitigation Fund."
251 (2) The fund consists of monies generated from the following revenue sources:
252 (a) any voluntary contributions received for the cleanup of hazardous substances facilities;
253 (b) appropriations made to the fund by the Legislature; and
254 (c) monies received by the state under Section 19-6-310 and Section 19-6-316 .
255 (3) (a) The fund shall earn interest.
256 (b) All interest earned on fund monies shall be deposited into the fund.
257 (4) The executive director may use fund monies to:
258 (a) take emergency action as provided in Sections 19-6-309 and 19-6-310 ;
259 (b) conduct remedial investigations as provided in Sections 19-6-314 through 19-6-316 ;
260 (c) pay the amount required by the federal government as the state's portion of the cost of
261 cleanups under authority of CERCLA, as appropriated by the Legislature for that purpose; and
262 (d) pay the amount required by the federal government as the state's portion of the cost of
263 cleanups under 42 U.S.C. 6991 et seq., the Leaking Underground Storage Tank Trust Fund, as
264 appropriated by the Legislature for that purpose.
265 Section 13. Section 19-6-405.7 is amended to read:
266 19-6-405.7. Petroleum Storage Tank Cleanup Fund - Revenue and purposes.
267 (1) There is created [
268 Storage Tank Cleanup Fund," which is referred to in this section as the cleanup fund.
269 (2) The cleanup fund sources of revenue are:
270 (a) any voluntary contributions received by the department for the cleanup of facilities;
271 (b) legislative appropriations made to the cleanup fund; and
272 (c) costs recovered under this part.
273 (3) The cleanup fund shall earn interest, which shall be deposited in the cleanup fund.
274 (4) The executive secretary may use the cleanup fund monies for administration,
275 investigation, abatement action, and preparing and implementing a corrective action plan regarding
276 releases not covered by the Petroleum Storage Tank Trust Fund created in Section 19-6-409 .
277 Section 14. Section 19-6-409 is amended to read:
278 19-6-409. Petroleum Storage Tank Trust Fund created -- Source of revenues.
279 (1) (a) There is created [
280 "Petroleum Storage Tank Trust Fund."
281 (b) The sole sources of revenues for the fund are:
282 (i) petroleum storage tank fees under Section 19-6-411 ;
283 (ii) underground storage tank installation company permit fees under Section 19-6-411 ;
284 (iii) the environmental assurance fee and any penalties, paid under Section 19-6-410.5 ; and
285 (iv) any interest accrued on these revenues.
286 (c) Interest earned on fund monies shall be deposited into the fund.
287 (2) Fund monies may be used to pay:
288 (a) costs as provided in Section 19-6-419 ; and
289 (b) for the administration of the fund and the environmental assurance program and fee
290 under Section 19-6-410.5 .
291 (3) Costs for the administration of the fund and the environmental assurance fee shall be
292 appropriated by the Legislature.
293 (4) The executive secretary may expend monies from the fund for:
294 (a) legal and claims adjusting costs incurred by the state in connection with claims,
295 judgments, awards, or settlements for bodily injury or property damage to third parties;
296 (b) costs incurred by the state risk manager in determining the actuarial soundness of the
297 fund; and
298 (c) other costs as provided in this part.
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310 Section 15. Section 19-6-803 is amended to read:
311 19-6-803. Definitions.
312 As used in this part:
313 (1) "Abandoned waste tire pile" means a waste tire pile regarding which the local
314 department of health has not been able to:
315 (a) locate the persons responsible for the tire pile; or
316 (b) cause the persons responsible for the tire pile to remove it.
317 (2) (a) "Beneficial use" means the use of chipped tires in a manner that is not recycling,
318 storage, or disposal, but that serves as a replacement for another product or material for specific
319 purposes.
320 (b) "Beneficial use" includes the use of chipped tires:
321 (i) as daily landfill cover;
322 (ii) for civil engineering purposes;
323 (iii) as low-density, light-weight aggregate fill; or
324 (iv) for septic or drain field construction.
325 (c) "Beneficial use" does not include the use of waste tires or material derived from waste
326 tires:
327 (i) in the construction of fences; or
328 (ii) as fill, other than low-density, light-weight aggregate fill.
329 (3) "Board" means the Solid and Hazardous Waste Control Board created under Section
330 19-1-106 .
331 (4) "Chip" or "chipped tire" means a two inch square or smaller piece of a waste tire.
332 (5) "Commission" means the Utah State Tax Commission.
333 (6) (a) "Consumer" means a person who purchases a new tire to satisfy a direct need, rather
334 than for resale.
335 (b) "Consumer" includes a person who purchases a new tire for a motor vehicle to be
336 rented or leased.
337 (7) "Crumb rubber" means waste tires that have been ground, shredded, or otherwise
338 reduced in size such that the particles are less than or equal to 3/8 inch in diameter and are 98%
339 wire free by weight.
340 (8) "Disposal" means the deposit, dumping, or permanent placement of any waste tire in
341 or on any land or in any water in the state.
342 (9) "Dispose of" means to deposit, dump, or permanently place any waste tire in or on any
343 land or in any water in the state.
344 (10) "Division" means the Division of Solid and Hazardous Waste created in Section
345 19-1-105 , within the Department of Environmental Quality.
346 (11) "Executive secretary" means the executive secretary of the Solid and Hazardous
347 Waste Control Board created in Section 19-1-106 .
348 (12) "Fund" means the Waste Tire Recycling Fund created in Section 19-6-807 .
349 [
350 (a) located within the permitted boundary of a landfill operated by a governmental entity;
351 and
352 (b) consisting solely of waste tires brought to a landfill for disposal and diverted from the
353 landfill waste stream to the waste tire pile.
354 [
355 health department, as defined in Section 26A-1-102 , with jurisdiction over the recycler.
356 [
357 shreddings, rubber, steel, fabric, or other similar materials derived from waste tires.
358 [
359 so the waste tires may be effectively disposed of by burial, such as in a landfill.
360 [
361 registered.
362 [
363 25 pounds of whole tires or material derived from waste tires is equal to one waste tire.
364 [
365 payment of the recycling fee including interest and penalties on delinquent payments.
366 [
367 (a) annually uses, or can reasonably be expected within the next year to use, a minimum
368 of 100,000 waste tires generated in the state or 1,000 tons of waste tires generated in the state to
369 recover energy or produce energy, crumb rubber, chipped tires, or an ultimate product; and
370 (b) is registered as a recycler in accordance with Section 19-6-806 .
371 [
372 [
373 that has been reduced to a six inch square or smaller.
374 [
375 constitute disposal of the waste tires.
376 (b) "Storage" does not include:
377 (i) the use of waste tires as ballast to maintain covers on agricultural materials or to
378 maintain covers at a construction site; or
379 (ii) the storage for five or fewer days of waste tires or material derived from waste tires
380 that are to be recycled or applied to a beneficial use.
381 [
382 disposal of the waste tires.
383 (b) "Store" does not include:
384 (i) to use waste tires as ballast to maintain covers on agricultural materials or to maintain
385 covers at a construction site; or
386 (ii) to store for five or fewer days waste tires or material derived from waste tires that are
387 to be recycled or applied to a beneficial use.
388 [
389 a vehicle in which a person or property is or may be transported or drawn upon a highway.
390 [
391 either as replacement tires or as part of a new vehicle sale.
392 [
393
394 (27) (a) "Ultimate product" means a product that has as a component materials derived
395 from waste tires and that the executive secretary finds has a demonstrated market.
396 (b) "Ultimate product" includes pyrolized materials derived from:
397 (i) waste tires; or
398 (ii) chipped tires.
399 (c) "Ultimate product" does not include a product regarding which a waste tire remains
400 after the product is disposed of or disassembled.
401 (28) "Waste tire" means a tire that is no longer suitable for its original intended purpose
402 because of wear, damage, or defect.
403 (29) "Waste tire pile" means a pile of 1,000 or more waste tires at one location.
404 (30) (a) "Waste tire transporter" means a person or entity engaged in picking up or
405 transporting at one time more than ten whole waste tires, or the equivalent amount of material
406 derived from waste tires, generated in Utah for the purpose of storage, processing, or disposal.
407 (b) "Waste tire transporter" includes any person engaged in the business of collecting,
408 hauling, or transporting waste tires or who performs these functions for another person, except as
409 provided in Subsection (30)(c).
410 (c) "Waste tire transporter" does not include:
411 (i) a person transporting waste tires generated solely by:
412 (A) that person's personal vehicles;
413 (B) a commercial vehicle fleet owned or operated by that person or that person's employer;
414 (C) vehicles sold, leased, or purchased by a motor vehicle dealership owned or operated
415 by that person or that person's employer; or
416 (D) a retail tire business owned or operated by that person or that person's employer;
417 (ii) a solid waste collector operating under a license issued by a unit of local government
418 as defined in Section 63-51-2 , or a local health department;
419 (iii) a recycler of waste tires;
420 (iv) a person transporting tires by rail as a common carrier subject to federal regulation; or
421 (v) a person transporting processed or chipped tires.
422 Section 16. Section 19-6-804 is amended to read:
423 19-6-804. Restrictions on disposal of tires -- Penalties.
424 (1) (a) After January 1, 1994, an individual, including a waste tire transporter, may not
425 dispose of more than four whole tires at one time in a landfill or any other location in the state
426 authorized by the executive secretary to receive waste tires, except for purposes authorized by
427 board rule.
428 (b) Tires are exempt from this Subsection (1) if the original tire has a rim diameter greater
429 than 24.5 inches.
430 (c) No person, including a waste tire transporter, may dispose of waste tires or store waste
431 tires in any manner not allowed under this part or rules made under this part.
432 (2) The operator of the landfill or other authorized location shall direct that the waste tires
433 be disposed in a designated area to facilitate retrieval if a market becomes available for the
434 disposed waste tires or material derived from waste tires.
435 (3) An individual, including a waste tire transporter, may dispose of shredded waste tires
436 in a landfill in accordance with Section 19-6-812 , and may also, without reimbursement, dispose
437 in a landfill materials derived from waste tires that do not qualify for reimbursement under Section
438 19-6-812 , but the landfill shall dispose of the material in accordance with Section 19-6-812 .
439 (4) (a) An individual, including a waste tire transporter, violating this section is subject
440 to enforcement proceedings and a civil penalty of not more than $100 per waste tire or per
441 passenger tire equivalent disposed of in violation of this section. A warning notice may be issued
442 prior to taking further enforcement action under this Subsection (4).
443 (b) A civil proceeding to enforce this section and collect penalties under this section may
444 be brought in the district court where the violation occurred by the board, the local health
445 department, or the county attorney having jurisdiction over the location where the tires were
446 disposed in violation of this section.
447 (c) Penalties collected under this section shall be deposited in the [
448 Section 17. Section 19-6-807 is amended to read:
449 19-6-807. Special revenue fund -- Creation -- Deposits.
450 (1) There is created a restricted special revenue fund entitled the "Waste Tire Recycling
451 [
452 (2) The [
453 (a) the proceeds of the fee imposed under Section 19-6-805 ;
454 (b) penalties collected under this part; and
455 (c) assets transferred to and loan repayments deposited in the [
456 Section 19-6-824 .
457 (3) Money in the [
458 (a) partial reimbursement of the costs of transporting, processing, recycling, or disposing
459 of waste tires as provided in this part;
460 (b) payment of administrative costs of local health departments as provided in Section
461 19-6-817 ;
462 (c) payment of costs incurred by the Division of Finance in accounting for and tracking
463 outstanding loans made under the Waste Tire Recycling Industrial Assistance Loan Program; and
464 (d) payment of costs incurred by the Department of Community and Economic
465 Development in collecting outstanding loans made under the Waste Tire Recycling Industrial
466 Assistance Loan Program.
467 (4) The Legislature may appropriate money from the [
468 Department of Environmental Quality in administering and enforcing this part.
469 Section 18. Section 19-6-808 is amended to read:
470 19-6-808. Payment of recycling fee.
471 (1) The recycling fee shall be paid by the tire retailer to the commission:
472 (a) on or before the last day of the month following the calendar quarter in which the sale
473 occurs for quarterly filers; and
474 (b) the last day of January following the end of the calendar year for annual filers.
475 (2) The payment shall be accompanied by the form prescribed by the commission.
476 (3) (a) The proceeds of the fee shall be transferred by the commission to the [
477 for payment of partial reimbursement.
478 (b) The commission may retain an amount not to exceed 2-1/2% of the recycling fee
479 collected under this part for the cost to it of rendering its services.
480 (4) (a) The commission shall administer, collect, and enforce the fee authorized under this
481 part pursuant to the same procedures used in the administration, collection, and enforcement of the
482 general state sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act, and the
483 provisions of Title 59, Chapter 1, General Taxation Policies. The tire retailer may retain 2-1/2%
484 of the recycling fee collected under this part for the cost of collecting the fee.
485 (b) The exemptions from the general state sales and use tax provided for in Section
486 59-12-104 do not apply to this part.
487 (5) The fee imposed by this part is in addition to all other state, county, or municipal fees
488 and taxes imposed on the sale of new tires.
489 Section 19. Section 19-6-811 is amended to read:
490 19-6-811. Funding for management of certain landfill or abandoned waste tire piles
491 -- Limitations.
492 (1) (a) A county or municipality may apply to the executive secretary for payment from
493 the [
494 abandoned waste tire pile or a landfill waste tire pile operated by a state or local governmental
495 entity and deliver the waste tires to a recycler.
496 (b) The executive secretary may authorize a maximum reimbursement of:
497 (i) 100% of a waste tire transporter's or recycler's costs allowed under Subsection (2) to
498 remove waste tires from an abandoned waste tire pile or landfill waste tire pile and deliver the
499 waste tires to a recycler, if no waste tires have been added to the abandoned waste tire pile or
500 landfill waste tire pile on or after July 1, 2001; or
501 (ii) 60% of a waste tire transporter's or recycler's costs allowed under Subsection (2) to
502 remove waste tires from an abandoned waste tire pile or landfill waste tire pile and deliver the
503 waste tires to a recycler, if waste tires have been added to the abandoned waste tire pile or landfill
504 waste tire pile on or after July 1, 2001.
505 (c) The executive secretary may deny an application for payment of waste tire pile removal
506 and delivery costs, if the executive secretary determines that payment of the costs will result in
507 there not being sufficient monies in the [
508 or beneficial use under Section 19-6-809 during the next quarter.
509 (2) (a) The maximum number of miles for which the executive secretary may reimburse
510 for transportation costs incurred by a waste tire transporter under this section, is the number of
511 miles, one way, between the location of the waste tire pile and the State Capitol Building, in Salt
512 Lake City, Utah, or to the recycler, whichever is less.
513 (b) This maximum number of miles available for reimbursement applies regardless of the
514 location of the recycler to which the waste tires are transported under this section.
515 (c) The executive secretary shall, upon request, advise any person preparing a bid under
516 this section of the maximum number of miles available for reimbursement under this Subsection
517 (2).
518 (d) The cost under this Subsection (2) shall be calculated based on the cost to transport one
519 ton of waste tires one mile.
520 (3) (a) The county or municipality shall through a competitive bidding process make a
521 good faith attempt to obtain a bid for the removal of the landfill or abandoned waste tire pile and
522 transport to a recycler.
523 (b) The county or municipality shall submit to the executive secretary:
524 (i) (A) (I) a statement from the local health department stating the landfill waste tire pile
525 is operated by a state or local governmental entity and consists solely of waste tires diverted from
526 the landfill waste stream;
527 (II) a description of the size and location of the landfill waste tire pile; and
528 (III) landfill records showing the origin of the waste tires; or
529 (B) a statement from the local health department that the waste tire pile is abandoned; and
530 (ii) (A) the bid selected by the county or municipality; or
531 (B) if no bids were received, a statement to that fact.
532 (4) (a) If a bid is submitted, the executive secretary shall determine if the bid is reasonable,
533 taking into consideration:
534 (i) the location and size of the landfill or abandoned waste tire pile;
535 (ii) the number and size of any other landfill or abandoned waste tire piles in the area; and
536 (iii) the current market for waste tires of the type in the landfill or abandoned waste tire
537 pile.
538 (b) The executive secretary shall advise the county or municipality within 30 days of
539 receipt of the bid whether or not the bid is determined to be reasonable.
540 (5) (a) If the bid is found to be reasonable, the county or municipality may proceed to have
541 the landfill or abandoned waste tire pile removed pursuant to the bid.
542 (b) The county or municipality shall advise the executive secretary that the landfill or
543 abandoned waste tire pile has been removed.
544 (6) The recycler or waste tire transporter that removed the landfill or abandoned waste tires
545 pursuant to the bid shall submit to the executive secretary a copy of the manifest, which shall state:
546 (a) the number or tons of waste tires transported;
547 (b) the location from which they were removed;
548 (c) the recycler to which the waste tires were delivered; and
549 (d) the amount charged by the transporter or recycler.
550 (7) Upon receipt of the information required under Subsection (6), and determination that
551 the information is complete, the executive secretary shall, within 30 days after receipt authorize
552 the Division of Finance to reimburse the waste tire transporter or recycler the amount established
553 under this section.
554 Section 20. Section 19-6-813 is amended to read:
555 19-6-813. Application for partial reimbursement -- Penalty.
556 (1) An application for partial reimbursement shall be in the format prescribed by the local
557 health department and shall include:
558 (a) the recycler's name and a brief description of the recycler's business;
559 (b) the quantity, in tons, of waste tires recycled or used in a beneficial use;
560 (c) originals or copies of log books, receipts, bills of lading, or other similar documents
561 to establish the tonnage of waste tires recycled or used in a beneficial use;
562 (d) a description of how the waste tires were recycled;
563 (e) proof that is satisfactory to the local health department that the waste tires were
564 recycled or used in a beneficial use; and
565 (f) the affidavit of the recycler warranting that the recycled waste tires or waste tires used
566 for a beneficial use for which reimbursement is sought meet the requirements of Subsection
567 19-6-809 (4).
568 (2) In addition to any other penalty imposed under Section 19-6-821 or 19-6-822 or by any
569 other law, any person who knowingly or intentionally provides false information to the local health
570 department under Subsection (1):
571 (a) is ineligible to receive any further reimbursement under this part; and
572 (b) shall return to the Division of Finance any reimbursement previously received for
573 deposit in the [
574 Section 21. Section 19-6-815 is amended to read:
575 19-6-815. Payment by Division of Finance.
576 (1) The Division of Finance is authorized to pay the recycler partial reimbursements
577 described in Section 19-6-809 from the [
578 (2) The Division of Finance shall pay the dollar amount of partial reimbursement approved
579 by the local health department to the recycler within the next payment period established by rule
580 of the Division of Finance, after receipt of the local health department's report and
581 recommendation.
582 Section 22. Section 19-6-816 is amended to read:
583 19-6-816. Limitations on reimbursement.
584 (1) The costs reimbursed under this part may not exceed the monies in the [
585 (2) If applications for reimbursement under Section 19-6-809 , 19-6-811 , or 19-6-812
586 during any month exceed the monies in the [
587 amount of all claims for reimbursement for the month and defer payment of the remainder.
588 (3) The amount remaining unpaid on a claim for reimbursement shall be treated as a new
589 application for reimbursement in the next succeeding month until the unpaid amount is $500 or
590 less, at which time the balance of the claim shall be paid in full.
591 Section 23. Section 19-6-817 is amended to read:
592 19-6-817. Administrative fees to local health departments -- Reporting by local
593 health departments.
594 (1) (a) The Division of Finance shall pay quarterly to the local health departments from
595 the [
596 (b) The payment under Subsection (1)(a) shall be allocated among the local health
597 departments in accordance with recommendations of the Utah Association of Local Health
598 Officers.
599 (c) The recommendation shall be based on the efforts expended and the costs incurred by
600 the local health departments in enforcing this part and rules made under this part.
601 (2) (a) Each local health department shall track all waste tires removed from abandoned
602 waste tire piles within its jurisdiction, to determine the amount of waste tires removed and the
603 recycler to which they are transported.
604 (b) The local health department shall report this information quarterly to the executive
605 secretary.
606 Section 24. Section 19-6-821 is amended to read:
607 19-6-821. Violations -- Civil proceedings and penalties -- Orders.
608 (1) A person who violates any provision of this part or any order, permit, plan approval,
609 or rule issued or adopted under this part is subject to a civil penalty of not more than $10,000 per
610 day for each day of violation as determined in a civil hearing under Title 63, Chapter 46b,
611 Administrative Procedures Act, except:
612 (a) any violation of Subsection 19-6-804 (1) or (3), regarding landfills, is subject to the
613 penalty under Subsection 19-6-804 (4) rather than the penalties under this section; and
614 (b) any violation of Subsection 19-6-808 (1), (2), or (3) regarding payment of the recycling
615 fee by the tire retailer is subject to penalties as provided in Subsection 19-6-808 (4) rather than the
616 penalties under this section.
617 (2) The board may bring an action in the name of the state to restrain a person from
618 continuing a violation of this part and to require the person to perform necessary remediation
619 regarding a violation of this part.
620 (3) When the executive secretary finds a situation exists in violation of this part that
621 presents an immediate threat to the public health or welfare, the executive secretary may issue an
622 emergency order under Title 63, Chapter 46b, Administrative Procedures Act.
623 (4) The executive secretary may revoke the registration of a waste tire recycler or
624 transporter who violates any provision of this part or any order, plan approval, permit, or rule
625 issued or adopted under this part.
626 (5) The executive secretary may revoke the tire storage permit for a storage facility that
627 is in violation of any provision of this part or any order, plan approval, permit, or rule issued or
628 adopted under this part.
629 (6) If a person has been convicted of violating a provision of this part prior to a finding by
630 the executive secretary of a violation of the same provision in an administrative hearing, the
631 executive secretary may not assess a civil monetary penalty under this section for the same offense
632 for which the conviction was obtained.
633 (7) All penalties collected under this section shall be deposited in the [
634 Section 25. Section 19-6-824 is amended to read:
635 19-6-824. Transfer of assets and liabilities from Waste Tire Recycling Industrial
636 Assistance Loan Fund to restricted special revenue fund -- Administration of outstanding
637 loans.
638 (1) The assets and liabilities of the Waste Tire Recycling Industrial Assistance Loan Fund
639 shall be transferred to the [
640 (2) The Division of Finance shall account for and track any outstanding loans made under
641 the Waste Tire Recycling Industrial Assistance Loan Program.
642 (3) (a) The Department of Community and Economic Development shall administer the
643 collection of any outstanding loans made under the Waste Tire Recycling Industrial Assistance
644 Loan Program.
645 (b) Any loan repayments shall be deposited in the [
646 Section 26. Section 26-10-2.5 is amended to read:
647 26-10-2.5. Creation of fund -- Fund money -- Use for maternal and child nutrition
648 program.
649 (1) (a) There is created [
650 the "Women, Infants, and Children (WIC) Supplemental Food Program Fund."
651 (b) As used in this section, "fund" means the fund created in this Subsection (1).
652 (2) All grant money of $450,000 received by the Division of Community and Family
653 Health Services created in Title 26, Chapter 10, from infant formula companies, for the purpose
654 of promoting the health of women, infants, and children by assuring they have opportunities for
655 access to good nutrition, shall be deposited in this fund.
656 (3) Money in the fund may be used only:
657 (a) for the department's special supplemental food program for women, infants, and
658 children; and
659 (b) upon joint agreement of the department and the State WIC Advisory Council
660 established by the department.
661 (4) The fund shall be incorporated into the department WIC plan.
662 Section 27. Section 35A-3-206 is amended to read:
663 35A-3-206. Restricted special revenue fund -- Use of monies -- Committee and
664 director duties -- Restrictions.
665 (1) There is created [
666 the "Child Care [
667 (2) The executive director shall administer the [
668 committee.
669 [
670 [
671 initiatives improving the quality, affordability, or accessibility of child care.
672 [
673 law or by donors may not be expended without approval of the committee.
674 [
675 including grants, private foundations, or individual donors.
676 [
677 Title 51, Chapter 7, State Money Management Act, except that all interest or other earnings
678 derived from the [
679 [
680 department normally provided for by legislative appropriation.
681 [
682 (a) advise the director on child care needs in the state and on relevant operational aspects
683 of any grant, loan, or revenue collection program established under this part;
684 (b) recommend specific projects to the director;
685 (c) recommend policy and procedures for administering the [
686 (d) make recommendations on grants, loans, or contracts from the [
687 the activities authorized under this part;
688 (e) establish the criteria by which loans and grants will be made;
689 (f) determine the order in which approved projects will be funded;
690 (g) make recommendations regarding the distribution of money from the [
691 accordance with the procedures, conditions, and restrictions placed upon the monies by the donors;
692 and
693 (h) solicit public and private funding for the [
694 [
695 (a) training of child care providers;
696 (b) scholarships and grants for child care providers' professional development;
697 (c) public awareness and consumer education services;
698 (d) child care provider recruitment;
699 (e) Office of Child Care sponsored activities;
700 (f) matching money for obtaining grants; or
701 (g) other activities that will assist in the improvement of child care quality, affordability,
702 or accessibility.
703 [
704 contract [
705 (a) local governments;
706 (b) nonprofit community, charitable, or neighborhood-based organizations;
707 (c) regional or statewide nonprofit organizations; or
708 (d) child care providers.
709 [
710 that demonstrate any of the following:
711 (a) programatic or financial need;
712 (b) diversity of clientele or geographic location; and
713 (c) coordination with or enhancement of existing services.
714 [
715 activities of the recipients of grants, loans, or contracts issued from the [
716 basis to ensure compliance with the terms and conditions imposed on the recipient by the [
717 fund.
718 [
719 director with an annual accounting of how the monies they received from the [
720 been spent.
721 [
722 and the services funded by the [
723 Section 28. Section 38-11-201 is amended to read:
724 38-11-201. Residence Lien Recovery Fund.
725 (1) There is created [
726 "Residence Lien Recovery Fund."
727 (2) (a) The fund consists of all amounts collected by the division in accordance with
728 Section 38-11-202 .
729 (b) (i) The division shall deposit the funds in an account with the state treasurer.
730 (ii) The division shall record the funds in the Residence Lien Recovery Fund.
731 (c) The fund shall earn interest.
732 (3) The division shall employ personnel and resources necessary to administer the fund
733 and shall use fund monies in accordance with Sections 38-11-203 and 38-11-204 and to pay the
734 costs charged to the fund by the attorney general.
735 (4) Costs incurred by the division for administering the fund shall be paid out of fund
736 monies.
737 (5) The Division of Finance shall report annually to the Legislature, the division, and the
738 board. The report shall state:
739 (a) amounts received by the fund;
740 (b) disbursements from the fund;
741 (c) interest earned and credited to the fund; and
742 (d) the fund balance.
743 (6) (a) For purposes of establishing and assessing regulatory fees under Subsection
744 63-38-3.2 (5), the provisions of this chapter are considered a new program for fiscal year 1995-96.
745 (b) The department shall submit its fee schedule to the Legislature for its approval at the
746 1996 Annual General Session.
747 Section 29. Section 40-6-19 is amended to read:
748 40-6-19. Bond and Surety Forfeiture Trust Fund created -- Contents -- Use of fund
749 monies.
750 (1) There is created [
751 Surety Forfeiture Trust Fund."
752 (2) Monies collected by the Division of Oil, Gas and Mining as a result of bond or surety
753 forfeitures shall be deposited in the fund.
754 (3) Interest earned on monies in the fund shall accrue to the fund.
755 (4) (a) Money from each forfeited bond or surety, together with interest, shall be used by
756 the Division of Oil, Gas and Mining to accomplish the requisite performance standards under the
757 program to which the forfeited bond or surety corresponds.
758 (b) Any money not used for a project shall be returned to the rightful claimant.
759 Section 30. Section 40-10-25.1 is amended to read:
760 40-10-25.1. Abandoned Mine Reclamation Fund created -- Contents -- Use of monies.
761 (1) (a) There is created [
762 the "Abandoned Mine Reclamation Fund."
763 (b) (i) The fund shall consist of the monies specified in Subsections (2) and (3).
764 (ii) The monies of Subsection (2) shall be segregated from the monies of Subsection (3).
765 (2) (a) Monies received by the state from the following sources shall be deposited into the
766 Abandoned Mine Reclamation Fund:
767 (i) recovered liens filed against privately owned land as provided by Section 40-10-28 ;
768 (ii) fees for the use of reclaimed lands as provided by Section 40-10-28 ;
769 (iii) fines collected for violations of this chapter or any rule or order issued under this
770 chapter;
771 (iv) donations designated for reclamation of abandoned mines; and
772 (v) interest credited to the fund pursuant to Subsection (2)(b).
773 (b) Monies received under Subsection (2)(a) shall be invested by the state treasurer and
774 the income earned shall be credited to the Abandoned Mine Reclamation Fund, except interest
775 income earned over $19,000 per year shall be credited to the General Fund.
776 (c) The division may at any time expend monies deposited into the fund under Subsection
777 (2)(a) to accomplish the purposes of the abandoned mine reclamation program.
778 (3) (a) (i) Monies received by the state from the secretary of the United States Department
779 of Interior, which are granted as special state set-aside monies in accordance with 30 U.S.C. Sec.
780 1232 et seq. shall be deposited in the Abandoned Mine Reclamation Fund.
781 (ii) Monies deposited into the fund under Subsection (3)(a)(i) shall be invested by the state
782 treasurer and the income earned shall be credited to the Abandoned Mine Reclamation Fund.
783 (b) After August 3, 1992, the division shall use the monies deposited into the Abandoned
784 Mine Reclamation Fund under this Subsection (3) to accomplish the purposes set forth in Sections
785 40-10-25 through 40-10-28.1 .
786 (c) Except as provided in Subsection (3)(d), the monies deposited into the Abandoned
787 Mine Reclamation Fund under this Subsection (3) shall be made available to the division through
788 legislative appropriations.
789 (d) The director of the division with the concurrence of the board may at any time expend
790 monies deposited into the Abandoned Mine Reclamation Fund under Subsection (3)(a) for any
791 emergency requiring immediate reclamation.
792 Section 31. Section 51-5-4 is amended to read:
793 51-5-4. Funds established -- Titles of funds -- Fund functions.
794 (1) (a) (i) The funds enumerated in this section are established as major fund types.
795 (ii) All resources and financial transactions of Utah state government shall be accounted
796 for within one of these major fund types.
797 (b) (i) All funds or subfunds shall be consolidated into one of the state's major fund types.
798 (ii) Where a specific statute requires that a restricted fund be established, that fund shall
799 be accounted for as an individual fund or subfund within the major fund type to meet generally
800 accepted accounting principles.
801 (iii) Existing and new activities of state government authorized by the Legislature shall
802 be accounted for within the framework of the major fund types established in this section.
803 (c) The Division of Finance shall determine the accounting classification that complies
804 with generally accepted accounting principles for all funds or subfunds created by the Legislature.
805 (d) (i) Major fund types shall be added by amending this chapter.
806 (ii) Whenever a new act creates or establishes a fund without amending this chapter, the
807 reference to a fund in the new act shall be classified within one of the major fund types established
808 by this section.
809 (2) Major Fund Type Titles:
810 (a) General Fund;
811 (b) Special Revenue Funds;
812 (c) Capital Projects Funds;
813 (d) Debt Service Funds;
814 (e) Permanent Funds;
815 (f) Enterprise Funds;
816 (g) Internal Service Funds;
817 (h) Trust and Agency Funds;
818 (i) General Fixed Assets Account Group;
819 (j) General Long-Term Obligation Account Group; and
820 (k) College and University Funds.
821 (3) The General Fund shall receive all revenues and account for all expenditures not
822 otherwise provided for by law in any other fund.
823 (4) Special Revenue Funds account for proceeds of specific revenue sources, other than
824 permanent funds, trust and agency funds, or major capital projects, that are legally restricted to
825 expenditures for a specific purpose.
826 (a) The Uniform School Fund is a Special Revenue Fund that accounts for all revenues that
827 are required by law to be expended for the public school programs of the state.
828 (b) The Transportation Fund is a Special Revenue Fund that accounts for all revenues that
829 are required by law to be expended for highway purposes.
830 (c) (i) A Restricted Special Revenue Fund is a Special Revenue Fund created by legislation
831 or contractual relationship with parties external to the state that:
832 (A) identifies specific revenues collected from fees, taxes, dedicated credits, donations,
833 federal funds, or other sources;
834 (B) defines the use of the money in the fund for a specific function of government or
835 program within an agency; and
836 (C) delegates spending authority or authorization to use the fund's assets to a governing
837 board, administrative department, or other officials as defined in the enabling legislation or
838 contract establishing the fund.
839 (ii) A Restricted Special Revenue Fund may only be created by contractual relationship
840 with external parties when the sources of revenue for the fund are donated revenues or federal
841 revenues.
842 (iii) Restricted Special Revenue Funds are subject to annual legislative review by the
843 appropriate legislative appropriations subcommittee.
844 (5) Capital Projects Funds account for financial resources to be expended for the
845 acquisition or construction of major capital facilities, except that when financing for the
846 acquisition or construction of a major capital facility is obtained from a trust fund or a proprietary
847 type fund within one of the major fund types, the monies shall be accounted for in those accounts.
848 (6) Debt Service Funds account for the accumulation of resources for, and the payment of,
849 the principal and interest on general long-term obligations.
850 (7) Permanent Funds account for assets that are legally restricted to the extent that only
851 earnings, and not principal, may be used for a specific purpose.
852 (8) Enterprise Funds are designated to account for the following:
853 (a) operations, financed and operated in a manner similar to private business enterprises,
854 where the Legislature intends that the costs of providing goods or services to the public are
855 financed or recovered primarily through user charges;
856 (b) operations where the Legislature requires periodic determination of revenues earned,
857 expenses incurred, and net income;
858 (c) operations for which a fee is charged to external users for goods or services; or
859 (d) operations that are financed with debt that is secured solely by a pledge of the net
860 revenues from fees and charges of the operations.
861 (9) Internal Service Funds account for the financing of goods or services provided by one
862 department, division, or agency to other departments, divisions, or agencies of the state, or to other
863 governmental units, on a cost-reimbursement basis.
864 (10) (a) Trust and Agency Funds account for assets held by the state as trustee or agent for
865 individuals, private organizations, or other governmental units.
866 (b) Pension Trust Funds, Investment Trust Funds, Private-Purpose Trust Funds, and
867 Agency Funds are Trust and Agency Funds.
868 (11) The General Fixed Assets Account Group accounts for all fixed assets acquired or
869 constructed for use by the state, except for the fixed assets accounted for in the Internal Service,
870 Enterprise, Trust and Agency, and College and University Funds.
871 (12) The General Long-Term Obligation Account Group accounts for general obligation
872 bonds, revenue bonds, capital lease obligations, accrued annual and compensatory leave, and other
873 long-term obligations not otherwise recorded in Internal Service, Enterprise, Trust and Agency,
874 and College and University Funds.
875 (13) College and University Funds account for the financial resources used to operate the
876 state's colleges and universities.
877 Section 32. Section 51-5-7 is amended to read:
878 51-5-7. Expending plans and administrative expenses provided by legislative
879 appropriation and included in governor's budget.
880 (1) (a) [
881 of the governmental funds are subject to legislative review and appropriation for each fiscal period.
882 (b) Restricted Special Revenue Funds are subject to legislative review for each fiscal
883 period.
884 (2) Notwithstanding the source of the revenues and the restrictions imposed upon the
885 expenditure of the revenues, the planned expenditures for the governmental funds, except
886 Restricted Special Revenue Funds, shall be incorporated into the governor's budget and submitted
887 to the Legislature according to Section 63-38-2 .
888 (3) Expenses required in the administrative activities of the Restricted Special Revenue
889 Funds, the Enterprise Funds, the Internal Service Funds, and the Trust and Agency Funds are
890 subject to legislative review each year.
891 (a) Pro forma financial statements, including balance sheets, revenue and expenditure
892 statements, statements of changes in financial position, and other statements that may be required
893 for these funds shall be included in the governor's budget as information items and submitted to
894 the Legislature according to Section 63-38-2 .
895 (b) If the operating results of any of these funds demonstrate that an appropriation is
896 needed from any other fund or subfund, that appropriation shall be included in the governor's
897 budget as a budget request.
898 Section 33. Section 53-6-213 is amended to read:
899 53-6-213. Appropriations from reparation fund.
900 (1) The Legislature shall appropriate from the [
901 Chapter 25a, Part 4, the Crime Victims' Reparations Act, to the division, funds for training of law
902 enforcement officers in the state.
903 (2) The department shall make an annual report to the Legislature, which includes the
904 amount received during the previous fiscal year.
905 Section 34. Section 53C-5-104 is amended to read:
906 53C-5-104. Fees.
907 (1) The director shall collect a fee annually from each grazing permittee for the control of
908 noxious weeds and new and invading plant species on trust lands.
909 (2) The fee shall be 5 cents per animal unit month (AUM).
910 (3) Fees collected by the director under this section shall be deposited in the [
911
912 director for the payment of costs incurred in controlling noxious weeds and new and invading plant
913 species on school and institutional trust lands.
914 Section 35. Section 54-8b-15 is amended to read:
915 54-8b-15. Universal Public Telecommunications Service Support Fund --
916 Established.
917 (1) For purposes of this section:
918 (a) "Basic telephone service" means local exchange service and may include such other
919 functions and elements, if any, as the commission determines to be eligible for support by the fund.
920 (b) "Fund" means the Universal Public Telecommunications Service Support Fund
921 established in this section.
922 (2) The commission shall establish [
923 known as the "Universal Public Telecommunications Service Support Fund," which is to be
924 implemented by January 1, 1998.
925 (3) The commission shall:
926 (a) institute a proceeding within 30 days of the effective date of this section to establish
927 rules governing the administration of the fund; and
928 (b) issue those rules by October 1, 1997.
929 (4) The rules in Subsection (3) shall[
930
931
932
933 (5) Operation of the fund shall be nondiscriminatory and competitively and technologically
934 neutral in the collection and distribution of funds, neither providing a competitive advantage for,
935 nor imposing a competitive disadvantage upon, any telecommunications provider operating in the
936 state.
937 (6) The fund shall be designed to:
938 (a) promote equitable cost recovery of basic telephone service through the imposition of
939 just and reasonable rates for telecommunications access and usage; and
940 (b) preserve and promote universal service within the state by ensuring that customers
941 have access to affordable basic telephone service.
942 (7) To the extent not funded by a federal universal service fund or other federal
943 jurisdictional revenues [
944 be used to defray the costs, as determined by the commission, of any qualifying
945 telecommunications corporation in providing public telecommunications services to:
946 (a) customers that qualify for a commission-approved lifeline program; and
947 (b) customers, where the basic telephone service rate considered affordable by the
948 commission in a particular geographic area is less than the costs, as determined by the commission
949 for that geographic area, of basic telephone service.
950 (8) The fund shall be portable among qualifying telecommunications corporations.
951 Requirements to qualify for funds under this section shall be defined by rules established by the
952 commission.
953 (9) As necessary to accomplish the purposes of this section, the fund shall provide a
954 mechanism for specific, predictable, and sufficient funds in addition to those provided under the
955 federal universal service fund.
956 (10) (a) Each telecommunications corporation that provides intrastate public
957 telecommunication service shall contribute to the fund on an equitable and nondiscriminatory
958 basis.
959 (b) For purposes of funding the fund, the commission shall have the authority to require
960 all corporations that provide intrastate telecommunication services in this state to contribute
961 monies to the fund through explicit charges determined by the commission.
962 (c) Any charge in Subsection (10)(b) shall not apply to wholesale services, including
963 access and interconnection. Charges associated with being a provider of public
964 telecommunications service shall be in the form of end-user surcharges applied to intrastate retail
965 rates.
966 [
967
968 (11) Nothing in this section shall be construed to enlarge or reduce the commission's
969 jurisdiction or authority, as provided in other provisions of this title.
970 (12) Any telecommunications corporation failing to make contributions to this fund or
971 failing to comply with the directives of the commission concerning its books, records, or other
972 information required to administer this section shall be subject to applicable penalties.
973 (13) The commission shall have a bill prepared for the 1998 General Session of the
974 Legislature to place in statute as much of the regulation implemented by rule pursuant to the act
975 the commission believes is practicable.
976 Section 36. Section 58-3a-103 is amended to read:
977 58-3a-103. Education and enforcement fund.
978 (1) There is created a restricted special revenue fund known as the "Architects Education
979 and Enforcement Fund."
980 (2) The fund consists of monies from:
981 (a) a surcharge fee placed on initial, renewal, and reinstatement licensure fees under this
982 chapter in accordance with the following:
983 (i) the surcharge fee shall be determined by the department in accordance with Section
984 63-38-3.2 ; and
985 (ii) the surcharge fee shall not exceed 50% of the respective initial, renewal, or
986 reinstatement licensure fee; and
987 (b) administrative penalties collected pursuant to this chapter.
988 (3) The fund shall earn interest and all interest earned on fund monies shall be deposited
989 into the fund.
990 (4) The director may, with concurrence of the board, make distributions from the fund for
991 the following purposes:
992 (a) education and training of licensees under this chapter;
993 (b) education and training of the public or other interested persons in matters concerning
994 architectural laws and practices; and
995 (c) enforcement of this chapter by:
996 (i) investigating unprofessional or unlawful conduct; and
997 (ii) providing legal representation to the division when the division takes legal action
998 against a person engaging in unprofessional or unlawful conduct.
999 (5) If the balance in the fund exceeds $100,000 at the close of any fiscal year, the excess
1000 shall be transferred to the General Fund.
1001 (6) The division shall report annually to the appropriate appropriations subcommittee of
1002 the Legislature concerning the fund.
1003 Section 37. Section 58-11a-103 is amended to read:
1004 58-11a-103. Education and enforcement fund.
1005 (1) There is created a restricted special revenue fund known as the "Cosmetologist/Barber,
1006 Esthetician, Electrologist, and Nail Technician Education and Enforcement Fund."
1007 (2) The fund consists of monies from administrative penalties collected pursuant to this
1008 chapter.
1009 (3) The fund shall earn interest and all interest earned on fund monies shall be deposited
1010 into the fund.
1011 (4) The director may, with concurrence of the board, make distributions from the fund for
1012 the following purposes:
1013 (a) education and training of licensees under this chapter;
1014 (b) education and training of the public or other interested persons in matters concerning
1015 the laws governing the practices licensed under this chapter; and
1016 (c) enforcement of this chapter by:
1017 (i) investigating unprofessional or unlawful conduct; and
1018 (ii) providing legal representation to the division when the division takes legal action
1019 against a person engaging in unprofessional or unlawful conduct.
1020 (5) The division shall report annually to the appropriate appropriations subcommittee of
1021 the Legislature concerning the fund.
1022 Section 38. Section 58-22-103 is amended to read:
1023 58-22-103. Education and enforcement fund.
1024 (1) There is created a restricted special revenue fund known as the "Professional Engineer,
1025 Professional Structural Engineer, and Professional Land Surveyor Education and Enforcement
1026 Fund."
1027 (2) The fund consists of monies from:
1028 (a) a surcharge fee placed on initial, renewal, and reinstatement licensure fees under this
1029 chapter in accordance with the following:
1030 (i) the surcharge fee shall be established by the department in accordance with Section
1031 63-38-3.2 ; and
1032 (ii) the surcharge fee shall not exceed 50% of the respective initial, renewal, or
1033 reinstatement licensure fee; and
1034 (b) administrative penalties collected pursuant to this chapter.
1035 (3) The fund shall earn interest and all interest earned on fund monies shall be deposited
1036 into the fund.
1037 (4) The director may, with concurrence of the board, make distributions from the fund for
1038 the following purposes:
1039 (a) education and training of licensees under this chapter;
1040 (b) education and training of the public or other interested persons in matters concerning
1041 engineering, structural engineering, and land surveying laws and practices; and
1042 (c) enforcement of this chapter by:
1043 (i) investigating unprofessional or unlawful conduct; and
1044 (ii) providing legal representation to the division when the division takes legal action
1045 against a person engaging in unprofessional or unlawful conduct.
1046 (5) If the balance in the fund exceeds $100,000 at the close of any fiscal year, the excess
1047 shall be transferred to the General Fund.
1048 (6) The division shall report annually to the appropriate appropriations subcommittee of
1049 the Legislature concerning the fund.
1050 Section 39. Section 58-53-103 is amended to read:
1051 58-53-103. Education and enforcement fund.
1052 (1) There is created a restricted [
1053 as the "Landscape Architects Education and Enforcement Fund."
1054 (2) The fund consists of monies from:
1055 (a) a surcharge placed on application fees for initial, renewal, and reinstatement licensure
1056 under this chapter, in an amount established by the division with the collaboration of the board in
1057 accordance with Section 63-38-3.2 , not to exceed 50% of the respective fee; and
1058 (b) administrative penalties collected pursuant to this chapter.
1059 (3) The fund shall earn interest, and all interest earned on fund monies shall be deposited
1060 into the fund.
1061 (4) The director may, with concurrence of the board, make distributions from the fund for
1062 the following purposes:
1063 (a) education and training of licensees under this chapter;
1064 (b) education and training of the public or other interested persons in matters concerning
1065 landscape architectural laws and practices; and
1066 (c) enforcement of this chapter by:
1067 (i) investigating unprofessional or unlawful conduct; and
1068 (ii) providing legal representation to the division when the division takes legal action
1069 against a person engaging in unprofessional or unlawful conduct.
1070 (5) If the balance in the fund exceeds $100,000 at the close of any fiscal year, the excess
1071 shall be transferred to the General Fund.
1072 (6) The division shall report annually to the appropriate appropriations subcommittee of
1073 the Legislature concerning the fund.
1074 Section 40. Section 58-67a-1 is amended to read:
1075 58-67a-1. Physicians Education Fund.
1076 (1) There is created a restricted special revenue fund known as the "Physicians Education
1077 Fund" to receive and account for revenue and expenditures for making education available to
1078 physicians and surgeons, osteopathic physicians and surgeons, and naturopathic physicians,
1079 concerning the requirements of Title 58, Occupations and Professions, division rules, and
1080 requirements under Title 58, Chapter 37, Utah Controlled Substances Act, and division rules made
1081 under that chapter.
1082 (2) Administrative penalties ordered and collected pursuant to this section shall be
1083 deposited in the account.
1084 (3) The fund shall earn interest and all interest earned on account monies shall be
1085 deposited into the account.
1086 (4) The director, with the concurrence of the board, may make distributions from the fund
1087 to make available education and training for physicians and surgeons, osteopathic physicians and
1088 surgeons, and naturopathic physicians.
1089 (5) If the balance in the fund exceeds $100,000 at the close of any fiscal year, the excess
1090 shall be transferred to the General Fund.
1091 (6) The division shall report on the fund annually to the appropriate appropriations
1092 subcommittee of the Legislature.
1093 Section 41. Section 59-10-548 is amended to read:
1094 59-10-548. Election Campaign Fund -- Contents -- Disbursement and distribution
1095 -- Limitations on expenditures -- Violations.
1096 (1) There is established [
1097
1098 consist of all amounts deposited to it as provided in Section 59-10-547 .
1099 (2) The state treasurer shall on or before four months after the due date of the returns
1100 required by this chapter as to which designations of payment to the fund have been made make
1101 disbursements from the fund as follows:
1102 (a) One-half of that portion of the amounts deposited in the fund since the last
1103 disbursement designated for any given political party shall be disbursed to the state central
1104 committee of that party.
1105 (b) The balance of this portion shall be distributed to the respective county central
1106 committees of that party in the direct relationship that the number of taxpayers who designated that
1107 amounts be paid into the fund for that party residing in any county bears to the total number of
1108 such taxpayers who made designations for that party in the state.
1109 (3) Each state central committee and county central committee which receives
1110 disbursements from the fund shall establish a separate account for these disbursements. Payments
1111 from any of these accounts shall only be made upon explicit authorization, as to each payment,
1112 from a duly convened meeting of the applicable central committee, which duty of authorization
1113 is not delegable. Any person violating this subsection is guilty of a misdemeanor, and any person
1114 has standing to enjoin any violation of it.
1115 Section 42. Section 61-1-18.7 is amended to read:
1116 61-1-18.7. Funding of securities investor education and training.
1117 (1) There is created a restricted special revenue fund known as the "Securities Investor
1118 Education and Training Fund" to provide revenue for educating the public and the securities
1119 industry as provided in this section.
1120 (2) All money received by the state by reason of civil penalties ordered and administrative
1121 fines collected pursuant to this chapter shall be deposited in the Securities Investor Education and
1122 Training Fund, and subject to the requirements of Title 51, Chapter 5, Funds Consolidation Act.
1123 (3) The special revenue fund may include any fines collected by the division after July 1,
1124 1989, pursuant to voluntary settlements or administrative orders.
1125 (4) (a) The fund shall earn interest.
1126 (b) All interest earned on fund monies shall be deposited into the fund.
1127 (5) Notwithstanding Title 63, Chapter 38, Budgetary Procedures Act, the director may use
1128 special revenue fund monies, upon concurrence of the Securities Advisory Board and the executive
1129 director of the Department of Commerce, in a manner consistent with the duties of the division
1130 under this chapter and only for any or all of the following and the expense of providing them:
1131 (a) education and training of Utah residents in matters concerning securities laws and
1132 investment decisions, by publications or presentations;
1133 (b) education of registrants and licensees under this chapter, by:
1134 (i) publication of this chapter and rules and policy statements and opinion letters of the
1135 division; and
1136 (ii) sponsorship of seminars or meetings to educate registrants and licensees as to the
1137 requirements of this chapter; and
1138 (c) investigation and litigation.
1139 (6) If the balance in the fund exceeds $100,000 at the close of any fiscal year, the excess
1140 shall be transferred to the General Fund.
1141 Section 43. Section 61-2a-3 is amended to read:
1142 61-2a-3. Education, Research, and Recovery Fund.
1143 There is created a [
1144 the "Real Estate Education, Research, and Recovery Fund." The actual interest earned on the Real
1145 Estate Education, Research, and Recovery Fund shall be deposited into the fund. At the
1146 commencement of each fiscal year, $100,000 shall be available in the fund for satisfying
1147 judgments rendered against persons licensed under Title 61, Chapter 2, Division of Real Estate.
1148 Section 44. Section 62A-8-103 is amended to read:
1149 62A-8-103. Division -- Creation -- Responsibilities.
1150 (1) There is created the Division of Substance Abuse within the department, under the
1151 administration and general supervision of the executive director, and, with regard to its programs,
1152 under the policy direction of the board. The division is the substance abuse authority for this state.
1153 (2) The division shall:
1154 (a) educate the general public regarding the nature and consequences of substance abuse
1155 by promoting school and community-based prevention programs;
1156 (b) render support and assistance to public schools through approved school-based
1157 substance abuse education programs aimed at prevention of substance abuse;
1158 (c) promote or establish programs for the prevention of substance abuse within the
1159 community setting through community-based prevention programs;
1160 (d) promote or establish cooperative relationships with courts, hospitals, clinics, medical
1161 and social agencies, public health authorities, law enforcement agencies, education and research
1162 organizations, and other related groups;
1163 (e) provide consultation and other assistance to public and private agencies and groups;
1164 (f) cooperate and assist other organizations and private treatment centers for substance
1165 abusers, by providing them with essential materials for furthering programs of prevention and
1166 rehabilitation of actual and potential substance abusers;
1167 (g) promote or conduct research on substance abuse issues, and submit to the governor and
1168 the Legislature recommendations for changes in policy and legislation;
1169 (h) receive, distribute, and provide direction over public funds for substance abuse
1170 services;
1171 (i) consult and coordinate with local substance abuse authorities regarding substance abuse
1172 programs and services;
1173 (j) promote or establish programs for education and certification of instructors to educate
1174 persons convicted of driving under the influence of alcohol or drugs or driving with any
1175 measurable controlled substance in the body;
1176 (k) monitor and evaluate programs provided by local substance abuse authorities;
1177 (l) examine expenditures of any local, state, and federal funds;
1178 (m) monitor the expenditure of public funds by:
1179 (i) local substance abuse authorities; and
1180 (ii) in counties where they exist, the private contract provider that has an annual or
1181 otherwise ongoing contract to provide comprehensive substance abuse programs or services for
1182 the local substance abuse authority;
1183 (n) contract with local substance abuse authorities to provide a comprehensive continuum
1184 of services in accordance with board and division policy, contract provisions, and the local plan;
1185 (o) contract with private and public entities for special statewide or nonclinical services
1186 according to board and division policy;
1187 (p) review and approve each local substance abuse authority's plan in order to assure:
1188 (i) a statewide comprehensive continuum of substance abuse services; and
1189 (ii) appropriate expenditure of public funds;
1190 (q) review and make recommendations regarding each local substance abuse authority's
1191 contract with its provider of substance abuse programs and services to assure compliance with state
1192 and federal law and policy;
1193 (r) monitor and assure compliance with board and division policy and contract
1194 requirements; and
1195 (s) withhold funds from local substance abuse authorities and public and private providers
1196 for contract noncompliance, failure to comply with division directives regarding the use of public
1197 funds, or for misuse of public funds or monies.
1198 (3) (a) The division may refuse to contract with and may pursue its legal remedies against
1199 any local substance abuse authority that fails, or has failed, to expend public funds in accordance
1200 with state law, policy, contract provisions, or directives issued in accordance with state law.
1201 (b) The division may withhold funds from a local substance abuse authority if the
1202 authority's contract with its provider of substance abuse services fails to comply with state and
1203 federal law or policy.
1204 (4) Before reissuing or renewing a contract with any local substance abuse authority, the
1205 division shall review and determine whether the local substance abuse authority is complying with
1206 its oversight and management responsibilities described in Sections 17A-3-701 and 17A-3-703 .
1207 Nothing in this Subsection (4) may be used as a defense to the responsibility and liability described
1208 in Section 17A-3-703 .
1209 (5) In carrying out its duties and responsibilities, the division may not duplicate treatment
1210 or educational facilities that exist in other divisions or departments of the state, but shall work in
1211 conjunction with those divisions and departments in rendering the treatment or educational
1212 services that those divisions and departments are competent and able to provide.
1213 (6) (a) The division may accept in the name of and on behalf of the state donations, gifts,
1214 devises, or bequests of real or personal property or services to be used as specified by the donor.
1215 (b) Those donations, gifts, devises, or bequests shall be used by the division in performing
1216 its powers and duties. Any money so obtained shall be considered private nonlapsing funds and
1217 shall be deposited into an interest-bearing [
1218 used by the division for substance abuse services. The state treasurer may invest the fund and all
1219 interest shall remain with the fund.
1220 (7) The division shall annually review with each local substance abuse authority the
1221 authority's statutory and contract responsibilities regarding:
1222 (a) the use of public funds;
1223 (b) oversight responsibilities regarding public funds; and
1224 (c) governance of substance abuse programs and services.
1225 Section 45. Section 62A-12-102 is amended to read:
1226 62A-12-102. Division of Mental Health -- Creation -- Responsibilities.
1227 (1) There is created the Division of Mental Health within the department, under the
1228 administration and general supervision of the executive director, and, with regard to its programs,
1229 under the policy direction of the board. The division is the mental health authority for this state.
1230 (2) The division shall:
1231 (a) collect and disseminate information pertaining to mental health;
1232 (b) develop, administer, and supervise a comprehensive state mental health program;
1233 (c) provide direction over the state hospital including approval of its budget, administrative
1234 policy, and coordination of services with local service plans;
1235 (d) promote and establish cooperative relationships with courts, hospitals, clinics, medical
1236 and social agencies, public health authorities, law enforcement agencies, education and research
1237 organizations, and other related groups;
1238 (e) receive, distribute, and provide direction over public funds for mental health services;
1239 (f) consult and coordinate with local mental health authorities regarding mental health
1240 programs and services;
1241 (g) monitor and evaluate programs provided by local mental health authorities with public
1242 funds;
1243 (h) examine expenditures of any local, state, and federal funds;
1244 (i) monitor the expenditure of public funds by local mental health authorities and their
1245 contract providers;
1246 (j) contract with local mental health authorities to provide or arrange for a comprehensive
1247 continuum of services in accordance with board and division policy, contract provisions, and the
1248 local plan;
1249 (k) contract with private and public entities for special statewide or nonclinical services
1250 in accordance with board and division policy;
1251 (l) review and approve each local mental health authority's plan, to assure:
1252 (i) a statewide comprehensive continuum of mental health services; and
1253 (ii) appropriate expenditure of public funds;
1254 (m) review and make recommendations regarding each local mental health authority's
1255 contract with its provider of mental health programs and services to assure compliance with state
1256 and federal law and policy;
1257 (n) promote or conduct research on mental health issues and submit any recommendations
1258 for changes in policy and legislation to the Legislature and the governor;
1259 (o) withhold funds from local mental health authorities and public and private providers
1260 for contract noncompliance, failure to comply with division directives regarding the use of public
1261 funds, or for misuse of public funds or monies;
1262 (p) cooperate with other state, county, nonprofit, and other private entities to prevent
1263 duplication of services;
1264 (q) monitor and assure compliance with board and division policy and contract
1265 requirements; and
1266 (r) perform such other acts as are necessary to promote mental health in the state.
1267 (3) (a) The division may refuse to contract with and may pursue its legal remedies against
1268 any local mental health authority that fails, or has failed, to expend public funds in accordance with
1269 state law, policy, contract provisions, or directives issued in accordance with state law.
1270 (b) The division may withhold funds from a local mental health authority if the authority's
1271 contract with its provider of mental health programs and services fails to comply with state and
1272 federal law or policy.
1273 (4) Before reissuing or renewing a contract with any local mental health authority, the
1274 division shall review and determine whether the local mental health authority is complying with
1275 its oversight and management responsibilities described in Sections 17A-3-602 and 17A-3-603.5 .
1276 Nothing in this Subsection (4) may be used as a defense to the responsibility and liability described
1277 in Section 17A-3-603.5 .
1278 (5) (a) The division may accept, in the name of and on behalf of the state, donations, gifts,
1279 devises, or bequests of real or personal property or services to be used as specified by the donor.
1280 (b) Those donations, gifts, devises, or bequests shall be used by the division in the
1281 performance of its powers and duties. Any money so obtained shall be [
1282
1283 special revenue fund to be used by the division for mental health services. The state treasurer may
1284 invest the fund and all interest shall remain with the fund.
1285 (6) The division shall annually review with each local mental health authority the
1286 authority's statutory and contract responsibilities regarding:
1287 (a) the use of public funds;
1288 (b) oversight responsibilities regarding public funds; and
1289 (c) governance of mental health programs and services.
1290 Section 46. Section 62A-12-204 is amended to read:
1291 62A-12-204. Receipt of gift -- Transfer of persons from other institutions.
1292 (1) The division may take and hold by gift, devise, or bequest real and personal property
1293 required for the use of the state hospital. With the approval of the governor it may convert that
1294 property which is not suitable for its use into money or property that is suitable for that use.
1295 (2) The state hospital is authorized to receive from any other institution within the
1296 department any person committed to that institution, when a careful evaluation of the treatment
1297 needs of the person and of the treatment programs available at the state hospital indicates that the
1298 transfer would be in the interest of that person.
1299 (3) (a) Notwithstanding the provisions of Subsection 62A-1-111 (10), the state hospital
1300 is authorized to receive gifts, grants, devises, and donations and shall deposit them into an
1301 interest-bearing [
1302 the fund and all interest is to remain with the fund.
1303 (b) Those gifts, grants, devises, donations, and the proceeds thereof shall be used by the
1304 superintendent or his designee for the use and benefit of patients at the state hospital.
1305 Section 47. Section 63-25a-402 is amended to read:
1306 63-25a-402. Definitions.
1307 As used in this chapter:
1308 (1) "Accomplice" means a person who has engaged in criminal conduct as defined in
1309 Section 76-2-202 .
1310 (2) "Board" means the Crime Victims' Reparations Board created under Section
1311 63-25a-404 .
1312 (3) "Bodily injury" means physical pain, illness, or any impairment of physical condition.
1313 (4) "Claim" means:
1314 (a) the victim's application or request for a reparations award; and
1315 (b) the formal action taken by a victim to apply for reparations pursuant to Sections
1316 63-25a-401 through 63-25a-428 .
1317 (5) "Claimant" means any of the following claiming reparations under this chapter:
1318 (a) a victim;
1319 (b) a dependent of a deceased victim;
1320 (c) a representative other than a collateral source; or
1321 (d) the person or representative who files a claim on behalf of a victim.
1322 (6) "Child" means an unemancipated person who is under 18 years of age.
1323 (7) "Collateral source" means the definition as provided in Section 63-25a-413 .
1324 (8) "Contested case" means a case which the claimant contests, claiming the award was
1325 either inadequate or denied, or which a county attorney, a district attorney, a law enforcement
1326 officer, or other individual related to the criminal investigation proffers reasonable evidence of the
1327 claimant's lack of cooperation in the prosecution of a case after an award has already been given.
1328 (9) (a) "Criminally injurious conduct" other than acts of war declared or not declared
1329 means conduct that:
1330 (i) is or would be subject to prosecution in this state under Section 76-1-201 ;
1331 (ii) occurs or is attempted;
1332 (iii) causes, or poses a substantial threat of causing, bodily injury or death;
1333 (iv) is punishable by fine, imprisonment, or death if the person engaging in the conduct
1334 possessed the capacity to commit the conduct; and
1335 (v) does not arise out of the ownership, maintenance, or use of a motor vehicle, aircraft,
1336 or water craft, unless the conduct is intended to cause bodily injury or death, or is conduct which
1337 is or would be punishable under Title 76, Chapter 5, Offenses Against the Person, or as any offense
1338 chargeable as driving under the influence of alcohol or drugs.
1339 (b) "Criminally injurious conduct" includes an act of terrorism, as defined in 18 U.S.C.
1340 2331 committed outside of the United States against a resident of this state. "Terrorism" does not
1341 include an "act of war" as defined in 18 U.S.C. 2331.
1342 (10) "Dependent" means a natural person to whom the victim is wholly or partially legally
1343 responsible for care or support and includes a child of the victim born after his death.
1344 (11) "Dependent's economic loss" means loss after the victim's death of contributions of
1345 things of economic value to his dependent, not including services the dependent would have
1346 received from the victim if he had not suffered the fatal injury, less expenses of the dependent
1347 avoided by reason of victim's death.
1348 (12) "Dependent's replacement services loss" means loss reasonably and necessarily
1349 incurred by the dependent after the victim's death in obtaining services in lieu of those the decedent
1350 would have performed for his benefit if he had not suffered the fatal injury, less expenses of the
1351 dependent avoided by reason of the victim's death and not subtracted in calculating the dependent's
1352 economic loss.
1353 (13) "Director" means the director of the Reparations Office.
1354 (14) "Disposition" means the sentencing or determination of penalty or punishment to be
1355 imposed upon a person:
1356 (a) convicted of a crime;
1357 (b) found delinquent; or
1358 (c) against whom a finding of sufficient facts for conviction or finding of delinquency is
1359 made.
1360 (15) "Economic loss" means economic detriment consisting only of allowable expense,
1361 work loss, replacement services loss, and if injury causes death, dependent's economic loss and
1362 dependent's replacement service loss. Noneconomic detriment is not loss, but economic detriment
1363 is loss although caused by pain and suffering or physical impairment.
1364 (16) "Elderly victim" means a person 60 years of age or older who is a victim.
1365 (17) "Fraudulent claim" means a filed claim based on material misrepresentation of fact
1366 and intended to deceive the reparations staff for the purpose of obtaining reparation funds for
1367 which the claimant is not eligible as provided in Section 63-25a-410 .
1368 (18) "Fund" means the Crime Victim Reparation Fund created in Section 63-63a-4 .
1369 [
1370 Section 53-13-103 .
1371 [
1372 criminally injurious conduct but does not include mental health evaluations for the prosecution and
1373 investigation of a crime.
1374 [
1375 necessitated as a result of criminally injurious conduct. The definition of mental health counseling
1376 is subject to rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative
1377 Rulemaking Act.
1378 [
1379 the victim which was attributable to the injury or death of the victim as provided by rules
1380 promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
1381 [
1382 impairment, and other nonpecuniary damage, except as provided in this chapter.
1383 [
1384 as otherwise provided in this chapter.
1385 [
1386 criminally injurious conduct regardless of whether he is arrested, prosecuted, or convicted.
1387 [
1388 [
1389 injurious conduct.
1390 [
1391 [
1392 of carrying out this chapter.
1393 [
1394 investigate claims of victims and award reparations under this chapter, and includes the director
1395 when he is acting as a reparations officer.
1396 [
1397 staff employed to administer the Crime Victims' Reparations Act.
1398 [
1399 incurred in obtaining ordinary and necessary services in lieu of those the injured person would
1400 have performed, not for income but the benefit of himself or his dependents if he had not been
1401 injured.
1402 [
1403 attorney, conservator, executor, or an heir of a person but does not include service providers.
1404 [
1405 offender to pay or render to a victim of the offender's conduct.
1406 [
1407 criminally injurious conduct subject to rules promulgated by the board pursuant to Title 63,
1408 Chapter 46a, Utah Administrative Rulemaking Act.
1409 [
1410 victims for a monetary fee except attorneys as provided in Section 63-25a-424 .
1411 [
1412
1413 (37) (a) "Victim" means a person who suffers bodily or psychological injury or death as
1414 a direct result of criminally injurious conduct or of the production of pornography in violation of
1415 Sections 76-5a-1 through 76-5a-4 if the person is a minor.
1416 (b) "Victim" does not include a person who participated in or observed the judicial
1417 proceedings against an offender unless otherwise provided by statute or rule.
1418 (c) "Victim" includes a resident of this state who is injured or killed by an act of terrorism,
1419 as defined in 18 U.S.C. 2331, committed outside of the United States.
1420 (38) "Work loss" means loss of income from work the injured victim would have
1421 performed if he had not been injured and expenses reasonably incurred by him in obtaining
1422 services in lieu of those he would have performed for income, reduced by any income from
1423 substitute work he was capable of performing but unreasonably failed to undertake.
1424 Section 48. Section 63-25a-405 is amended to read:
1425 63-25a-405. Board and office within Commission on Criminal and Juvenile Justice.
1426 (1) The Crime Victims' Reparations Board and Reparations Office are placed within the
1427 Commission on Criminal and Juvenile Justice for the provision by the commission of
1428 administrative and support services to the Reparations Office.
1429 (2) The board or the director may request assistance from the Commission on Criminal
1430 and Juvenile Justice, the Department of Public Safety, and other state agencies in conducting
1431 research or monitoring victims' programs.
1432 (3) The [
1433 and Juvenile Justice budget.
1434 Section 49. Section 63-25a-406 is amended to read:
1435 63-25a-406. Functions of board.
1436 (1) The board shall:
1437 (a) adopt a description of the organization and prescribe the general operation of the board;
1438 (b) prescribe policy for the Reparations Office;
1439 (c) adopt rules to implement and administer Sections 63-25a-401 through 63-25a-428
1440 pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act, which may include setting
1441 of ceilings on reparations, defining of terms not specifically stated in this chapter, and establishing
1442 of rules governing attorney fees;
1443 (d) prescribe forms for applications for reparations;
1444 (e) review all awards made by the reparations staff, although the board may not reverse
1445 or modify awards authorized by the reparations staff;
1446 (f) render an annual report to the governor and the Legislature regarding the staff's and the
1447 board's activities;
1448 (g) cooperate with the director and his staff in formulating standards for the uniform
1449 application of Section 63-25a-409 , taking into consideration the rates and amounts of reparation
1450 payable for injuries and death under other laws of this state and the United States;
1451 (h) advocate the adoption, repeal, or modification of laws or proposed legislation in the
1452 interest of victims of crime;
1453 (i) allocate monies available in the Crime [
1454 victims of criminally injurious conduct for reparations claims; and
1455 (j) allocate monies available to other victim services as provided by administrative rule
1456 once a sufficient reserve has been established for reparation claims.
1457 (2) All rules, or other statements of policy, along with application forms specified by the
1458 board, are binding upon the director, the reparations officers, and other staff.
1459 Section 50. Section 63-25a-407 is amended to read:
1460 63-25a-407. Director -- Appointment and functions.
1461 The executive director of the Commission on Criminal and Juvenile Justice, after
1462 consulting with the board, shall appoint a director to carry out the provisions of this chapter. The
1463 director shall be an experienced administrator with a background in at least one of the following
1464 fields: social work, psychology, criminal justice, law, or a related field. The director shall
1465 demonstrate an understanding of the needs of crime victims and of services to victims. The
1466 director shall devote his time and capacity to his duties. The director shall:
1467 (1) hire staff, including reparations officers, as necessary;
1468 (2) act when necessary as a reparations officer in deciding initial claims;
1469 (3) possess the same investigation and decision-making authority as the reparations
1470 officers;
1471 (4) hear appeals from the decisions of the reparations officers, unless he acted as a
1472 reparations officer on the initial claim;
1473 (5) serve as a liaison between the reparations staff and the Reparations Office;
1474 (6) serve as the public relations representative of the Reparations Office;
1475 (7) provide for payment of all administrative salaries, fees, and expenses incurred by the
1476 staff of the board, to be paid out of appropriations from the [
1477 fund;
1478 (8) cooperate with the state treasurer and the state Division of Finance in causing the funds
1479 in the trust fund to be invested and its investments sold or exchanged and the proceeds and income
1480 collected;
1481 (9) apply for, receive, allocate, disburse, and account for grants of funds made available
1482 by the United States, the state, foundations, corporations, and other businesses, agencies, or
1483 individuals;
1484 (10) obtain and utilize the services of other governmental agencies upon request; and
1485 (11) act in any other capacity or perform any other acts necessary for the Reparations
1486 Office or board to successfully fulfill its statutory objectives.
1487 Section 51. Section 63-25a-411 is amended to read:
1488 63-25a-411. Compensable losses and amounts.
1489 A reparations award under this chapter may be made if:
1490 (1) the reparations officer finds the claim satisfies the requirements for the award under
1491 the provisions of this chapter and the rules of the board;
1492 (2) [
1493 (3) the person for whom the award of reparations is to be paid is otherwise eligible under
1494 this act;
1495 (4) the claim is for an allowable expense incurred by the victim, as follows:
1496 (a) reasonable and necessary charges incurred for products, services, and accommodations;
1497 (b) inpatient and outpatient medical treatment and physical therapy, subject to rules
1498 promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act;
1499 (c) mental health counseling which:
1500 (i) is set forth in a mental health treatment plan which has been approved prior to any
1501 payment by a reparations officer; and
1502 (ii) qualifies within any further rules promulgated by the board pursuant to Title 63,
1503 Chapter 46a, Utah Administrative Rulemaking Act;
1504 (d) actual loss of past earnings and anticipated loss of future earnings because of a death
1505 or disability resulting from the personal injury at a rate not to exceed 66-2/3% of the person's
1506 weekly gross salary or wages or the maximum amount allowed under the state workers'
1507 compensation statute;
1508 (e) care of minor children enabling a victim or spouse of a victim, but not both of them,
1509 to continue gainful employment at a rate per child per week as determined under rules established
1510 by the board;
1511 (f) funeral and burial expenses for death caused by the criminally injurious conduct,
1512 subject to rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative
1513 Rulemaking Act;
1514 (g) loss of support to the dependent or dependents not otherwise compensated for a
1515 pecuniary loss for personal injury, for as long as the dependence would have existed had the victim
1516 survived, at a rate not to exceed 66-2/3% of the person's weekly salary or wages or the maximum
1517 amount allowed under the state workers' compensation statute, whichever is less;
1518 (h) personal property necessary and essential to the health or safety of the victim as defined
1519 by rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative
1520 Rulemaking Act; and
1521 (i) medical examinations as defined in [
1522 rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative
1523 Rulemaking Act, which may allow for exemptions from Sections 63-25a-409 , 63-25a-412 , and
1524 63-25a-413 .
1525 (5) If a Utah resident suffers injury or death as a result of criminally injurious conduct
1526 inflicted in a state, territory, or country that does not provide a reciprocal crime victims'
1527 compensation program, the Utah resident has the same rights under this chapter as if the injurious
1528 conduct occurred in this state.
1529 (6) An award of reparations shall not exceed $25,000 in the aggregate unless the victim
1530 is entitled to proceeds in excess of that amount as provided in Subsection 76-3-201.2 (2).
1531 However, reparations for actual medical expenses incurred as a result of homicide, attempted
1532 homicide, aggravated assault, or DUI offenses, may be awarded up to $50,000 in the aggregate.
1533 Section 52. Section 63-25a-414 is amended to read:
1534 63-25a-414. Notification of claimant -- Suspension of proceedings.
1535 (1) The Reparations Office shall immediately notify the claimant in writing of any decision
1536 and shall forward to the Division of Finance a certified copy of the decision and a warrant request
1537 for the amount of the claim. The Division of Finance shall pay the claimant the amount submitted
1538 to the division, out of the [
1539 If [
1540 shall be placed on a waiting list and shall receive their awards as funds are available in the order
1541 in which their claims were awarded.
1542 (2) The reparations officer may suspend the proceedings pending disposition of a criminal
1543 prosecution that has been commenced or is imminent.
1544 Section 53. Section 63-25a-419 is amended to read:
1545 63-25a-419. Assignment of recovery -- Reimbursement.
1546 (1) By accepting an award of reparations, the victim automatically assigns to the state,
1547 subject to the provisions of Subsection (2), all claims against any third party to the lesser of:
1548 (a) the amount paid by the state; or
1549 (b) the amount recovered from the third party.
1550 (2) The board, with the concurrence of the director, may reduce the state's right of
1551 reimbursement if it is determined that the reduction will benefit the [
1552 (3) The state reserves the right to make a claim for reimbursement on behalf of the victim
1553 and the victim shall not impair the state's claim or the state's right of reimbursement.
1554 Section 54. Section 63-25a-428 is amended to read:
1555 63-25a-428. Purpose -- Not entitlement program.
1556 (1) Crime Victims' Reparations is a program with the purpose to assist victims of
1557 criminally injurious conduct. Reparation to a victim is limited to the monies available in the
1558 [
1559 (2) This program is not an entitlement program. Awards may be limited or denied as
1560 determined appropriate by the board. Failure to grant an award does not create a cause of action
1561 against Crime Victims' Reparations, the state, or any of its subdivisions. There is no right to
1562 judicial review over the decision whether or not to grant an award.
1563 (3) A cause of action based on a failure to give or receive the notice required by this
1564 chapter does not accrue to any person against the state, any of its agencies or local subdivisions,
1565 any of their law enforcement officers or other agents or employees, or any health care or medical
1566 provider or its agents or employees. The failure does not affect or alter any requirement for filing
1567 or payment of a claim.
1568 Section 55. Section 63-38-8 is amended to read:
1569 63-38-8. End of fiscal year -- Unexpended balances -- Funds not to be closed out --
1570 Pending claims -- Transfer of amounts from item of appropriation.
1571 (1) As used in this section, "transaction control number" means the unique numerical
1572 identifier established by the Department of Health to track each medical claim, which indicates the
1573 date upon which the claim is entered.
1574 (2) On or before August 31 of each fiscal year, the director of the Division of Finance shall
1575 close out to the proper fund or account all remaining unexpended and unencumbered balances of
1576 appropriations made by the Legislature, except:
1577 (a) those funds classified under Title 51, Chapter 5, Funds Consolidation Act as:
1578 (i) enterprise funds;
1579 (ii) internal service funds;
1580 (iii) trust and agency funds;
1581 (iv) capital projects funds;
1582 (v) college and university funds;
1583 (vi) debt service funds; and
1584 (vii) permanent funds;
1585 (b) appropriations made to the Legislature and its committees;
1586 (c) restricted special revenue funds, unless specifically directed to close out the fund in the
1587 fund's enabling legislation;
1588 [
1589 Recreation;
1590 [
1591 equipment if delivery is expected before June 30;
1592 [
1593 requirements of Section 63-38-8.1 ; and
1594 [
1595 (3) (a) Liabilities and related expenses for goods and services received on or before June
1596 30 shall be recognized as expenses due and payable from appropriations made prior to June 30.
1597 (b) The liability and related expense shall be recognized within time periods established
1598 by the Division of Finance but shall be recognized not later than August 31.
1599 (c) Liabilities and expenses not so recognized may be paid from regular departmental
1600 appropriations for the subsequent fiscal year, if these claims do not exceed unexpended and
1601 unencumbered balances of appropriations for the years in which the obligation was incurred.
1602 (d) No amounts may be transferred from an item of appropriation of any department,
1603 institution, or agency into the Capital Projects Fund or any other fund without the prior express
1604 approval of the Legislature.
1605 (4) (a) For purposes of this chapter, claims processed under the authority of Title 26,
1606 Chapter 18, Medical Assistance Act, may not be considered a liability to the state for budgetary
1607 purposes until they are received by the Division of Health Care Financing.
1608 (b) The transaction control number recorded on each claim invoice by the division is
1609 considered the date of receipt and is the date that liability is recognized by the state.
1610 Section 56. Section 63-63a-4 is amended to read:
1611 63-63a-4. Reparation fund -- Victim reparation and specific appropriations.
1612 (1) In this section:
1613 (a) "Reparation fund" means the Crime Victim Reparation [
1614 (b) "Safety [
1615 (2) (a) There is created [
1616 the "Crime Victim Reparation [
1617 chapter by the Reparations Office under Title 63, Chapter 25a, Part 4, Crime Victims' Reparations
1618 Act, in cooperation with the Division of Finance.
1619 (b) Monies deposited in this fund are for victim reparations, other victim services, and, as
1620 appropriated, for administrative costs of the Reparations Office under Title 63, Chapter 25a, Part
1621 4, Crime Victims' Reparations Act.
1622 (3) (a) There is created a restricted [
1623 the Public Safety Support [
1624 of Public Safety in cooperation with the Division of Finance as provided in this chapter.
1625 (b) Monies deposited in this [
1626 (i) the Division of Peace Officer Standards and Training (POST) as described in Title 53,
1627 Chapter 6, Peace Officer Standards and Training Act; and
1628 (ii) the Office of the Attorney General for the support of the Utah Prosecution Council
1629 established in Title 67, Chapter 5a, and the fulfillment of the council's duties.
1630 (4) The Division of Finance shall allocate from the collected surcharge established in
1631 Section 63-63a-1 :
1632 (a) 35% to the reparation fund, but not to exceed $2,500,000 for fiscal year 1993-94;
1633 (b) 18.5% to the safety [
1634 appropriated by the Legislature; and
1635 (c) 3% to the safety [
1636 to exceed the amount appropriated by the Legislature.
1637 (5) (a) In addition to the funding provided by other sections of this chapter, a percentage
1638 of the income earned by inmates working for correctional industries in a federally certified private
1639 sector/prison industries enhancement program shall be deposited in the reparation fund.
1640 (b) The percentage of income deducted from inmate pay under Subsection (5)(a) shall be
1641 determined by the executive director of the Department of Corrections in accordance with the
1642 requirements of the private sector/prison industries enhancement program.
1643 (6) (a) In addition to the money collected from the surcharge, judges are encouraged to,
1644 and may in their discretion, impose additional reparations to be paid into the reparation fund by
1645 convicted criminals.
1646 (b) The additional discretionary reparations may not exceed the statutory maximum fine
1647 permitted by Title 76, Utah Criminal Code, for that offense.
1648 Section 57. Section 63-73-21 is amended to read:
1649 63-73-21. Utah Geological Survey Sample Library Fund.
1650 (1) There is created [
1651 "Utah Geological Survey Sample Library [
1652 (2) The fund consists of monies from the following revenue sources:
1653 (a) donations or contributions from individuals, companies, organizations, or government
1654 entities; and
1655 (b) interest generated by the fund.
1656 (3) The director shall administer the fund.
1657 (4) (a) Donations and other contributions to the fund and unallocated interest as provided
1658 in Subsection (5)(d) shall constitute the fund's principal.
1659 (b) The principal may be expended only with the concurrence of the board.
1660 (5) (a) Interest generated by the fund may be expended to support the sample library as
1661 provided in Subsections (5)(b) through (d).
1662 (b) For the first two years of the fund's existence, interest generated by the fund shall
1663 accrue to the fund and may not be expended.
1664 (c) After two years, an amount of money equal to or less than the interest generated by the
1665 fund in the previous fiscal year may be expended annually in support of the sample library.
1666 (d) Funds that are eligible to be spent, but remain unallocated at the end of any fiscal year,
1667 revert to the fund and become part of the fund's principle.
1668 Section 58. Section 63C-9-502 is amended to read:
1669 63C-9-502. Fund created -- Donations.
1670 (1) There is created a restricted special revenue fund entitled the "State Capitol Fund."
1671 (2) The fund consists of monies generated from the following revenue sources:
1672 (a) any donations, deposits, contributions, gifts, money, and items of value received from
1673 private persons, foundations, or organizations;
1674 (b) appropriations made to the fund by the Legislature; and
1675 (c) monies received by the board from the federal government.
1676 (3) (a) The fund shall earn interest.
1677 (b) All interest earned on fund monies shall be deposited into the fund.
1678 (4) The board may use fund monies to:
1679 (a) acquire historical and other items to furnish the capitol hill facilities;
1680 (b) pay for the repair and maintenance of the capitol hill facilities and capitol hill grounds;
1681 (c) pay for the rehabilitation of the capitol hill facilities and capitol hill grounds; and
1682 (d) fund all costs incurred in complying with this chapter.
1683 Section 59. Section 65A-8-6.1 is amended to read:
1684 65A-8-6.1. Wildland Fire Suppression Fund created.
1685 (1) There is created [
1686 Fire Suppression Fund."
1687 (2) The fund shall be administered by the division to pay fire suppression and
1688 presuppression costs on eligible lands within unincorporated areas of counties.
1689 (3) The contents of the fund shall include:
1690 (a) payments by counties pursuant to written agreements made under Section 65A-8-6.2 ;
1691 (b) interest and earnings from the investment of fund monies; and
1692 (c) money appropriated by the Legislature.
1693 (4) Fund monies shall be invested by the state treasurer with the earnings and interest
1694 accruing to the fund.
1695 (5) (a) A maximum level of $8,000,000 is established for the fund.
1696 (b) (i) Except as provided in Subsection (5)(b)(ii), if the amount of money in the fund
1697 equals or exceeds $8,000,000 on March 31, no assessments may be charged for the following year.
1698 (ii) The waiver of assessments provided in Subsection (5)(b)(i) does not apply to any
1699 equity payment required by Section 65A-8-6.2 .
1700 Section 60. Section 67-4a-405 is amended to read:
1701 67-4a-405. Deposit of funds.
1702 (1) (a) There is created [
1703 "Unclaimed Property [
1704 (b) The fund consists of all funds received under this chapter, including the proceeds from
1705 the sale of abandoned property.
1706 (c) The fund shall earn interest.
1707 (2) The administrator shall:
1708 (a) pay any legitimate claims or deductions authorized by this chapter from the fund;
1709 (b) before the end of the fiscal year, estimate the amount of money from the fund that will
1710 ultimately be needed to be paid to claimants; and
1711 (c) at the end of the fiscal year, transfer any amount in excess of that amount to the
1712 Uniform School Fund, except that unclaimed restitution for crime victims shall be transferred to
1713 the Crime [
1714 (3) Before making any transfer to the Uniform School Fund, the administrator may deduct
1715 from the fund:
1716 (a) amounts appropriated by the Legislature for administration of this chapter;
1717 (b) any costs incurred in connection with the sale of abandoned property;
1718 (c) costs of mailing and publication in connection with any abandoned property;
1719 (d) reasonable service charges; and
1720 (e) costs incurred in examining records of holders of property and in collecting the
1721 property from those holders.
1722 Section 61. Section 67-5a-8 is amended to read:
1723 67-5a-8. Administration.
1724 (1) (a) The administration costs of this chapter, including council staff compensation, shall
1725 be funded from appropriations made by the Legislature to the Office of the Attorney General for
1726 the support of the council from the Public Safety Support [
1727 63-63a-4 .
1728 (b) Funds available from other sources may also be appropriated by the Legislature to the
1729 Office of the Attorney General for the administration of this chapter.
1730 (2) In exercising its duties, the council shall minimize costs of administration and utilize
1731 existing training facilities and resources where possible so the greatest portion of the funds
1732 available are expended for training prosecuting attorneys.
1733 (3) The council may reimburse council staff for travel and per diem expenses from the
1734 appropriations made from the Public Safety Support [
1735 General for the support of the council, in an amount not to exceed the amounts approved by the
1736 director of the Division of Finance.
1737 Section 62. Section 71-11-8 (Effective 07/01/02) is amended to read:
1738 71-11-8 (Effective 07/01/02). Utah Veterans' Nursing Home Fund.
1739 (1) There is created a restricted special revenue fund entitled the "Utah Veterans' Nursing
1740 Home [
1741 its residents.
1742 (2) All cash donations, gifts, or bequests shall be deposited in the [
1743 according to the wishes of the donor.
1744 (3) All funds received by the home from federal or state agencies, individual insurance
1745 reimbursement, or cash payments shall be deposited in the [
1746 Section 63. Section 71-11-9 is amended to read:
1747 71-11-9. Disposition of deceased resident's property.
1748 (1) All money or other personal property of a resident held by the home which is left on
1749 the premises of the home shall, upon the death of the resident, be held in trust to be paid or
1750 delivered to the spouse, children, grandchildren, or parent of the resident upon the presentation of
1751 proof of relationship. Any funds of a deceased resident may be disbursed for the payment of
1752 funeral expenses or any obligation owed to the home.
1753 (2) Property owned by a deceased resident of the home who dies without heirs or
1754 next-of-kin not disposed of by will shall become the property of the home and deposited in the
1755 [
1756 resident's death upon the presentation of proof of relationship.
1757 Section 64. Section 73-5-1.5 is amended to read:
1758 73-5-1.5. Water Commissioner Fund.
1759 (1) There is created [
1760 Commissioner Fund."
1761 (2) The fund consists of assessments paid to the state engineer by water users pursuant to
1762 Subsection 73-5-1 (3).
1763 (3) (a) The fund shall earn interest.
1764 (b) Interest earned on fund monies shall be deposited into the fund.
1765 (4) The state engineer shall use fund monies to pay for salary and expenses of water
1766 commissioners and other expenses related to the distribution of water specified in Subsection
1767 73-5-1 (3).
1768 Section 65. Section 76-10-922 is amended to read:
1769 76-10-922. Antitrust Revolving Account.
1770 (1) There is created within the General Fund [
1771 "Antitrust Revolving Account" for the purpose of providing funds to pay for any costs and
1772 expenses incurred by the attorney general in relation to actions under state or federal antitrust laws,
1773 which account shall lapse only to the extent that it exceeds the sum of one million dollars.
1774 (2) All monies received by the state or its agencies by reason of any judgment, settlement,
1775 or compromise as the result of any such action commenced by the attorney general, after payment
1776 of any costs or fees allocated by the court, shall be deposited to the Antitrust Revolving Account
1777 except as otherwise provided in this section.
1778 (3) The Legislature may make annual appropriations to the attorney general from the
1779 Antitrust Revolving Account or from the General Fund, to such extent as may be required for the
1780 administration and enforcement of the antitrust laws. These funds shall be in addition to such other
1781 funds as may be appropriated to the attorney general for the administration and enforcement of the
1782 laws of this state.
1783 (4) Any monies recovered by the attorney general based on an expenditure or loss from
1784 a specific cash fund shall be credited to that fund to the extent of the expenditure or loss. Any
1785 monies recovered by the attorney general on behalf of any private person or public body other than
1786 the state shall be paid to such persons or bodies. However, prior to any such credit or payment, any
1787 expenses advanced by the attorney general in any of the above actions shall be credited to the
1788 Antitrust Revolving Account.
1789 Section 66. Section 77-32-502 is amended to read:
1790 77-32-502. Indigent Inmate Trust Fund -- Creation.
1791 (1) There is created [
1792 Inmate Trust Fund" to be disbursed by the Division of Finance at the direction of the board and
1793 in accordance with contracts made under Section 77-32-402 .
1794 (2) Monies deposited in this trust fund only shall be used:
1795 (a) to pay for the representation, costs, and expenses of legal defense counsel for an
1796 indigent inmate in a state prison located in a county of the third, fourth, fifth, or sixth class as
1797 defined in Section 17-50-501 who is charged with having committed a crime within the facility,
1798 and who will require defense counsel; and
1799 (b) for administrative costs pursuant to Section 77-32-401 .
1800 (3) The trust fund consists of:
1801 (a) proceeds received from counties that impose the additional tax levy by ordinance under
1802 Subsection 77-32-501 (5) which shall be the total county obligation for payment of costs listed in
1803 Subsection (2) for defense of indigent inmates;
1804 (b) appropriations made to the fund by the Legislature; and
1805 (c) interest and earnings from the investment of fund monies.
1806 (4) Fund monies shall be invested by the state treasurer with the earnings and interest
1807 accruing to the fund.
1808 (5) In any calendar year in which the fund runs a deficit, or is projected to run a deficit, the
1809 board shall request a supplemental appropriation from the Legislature in the following general
1810 session to pay for the deficit. The state shall pay any or all of the reasonable and necessary monies
1811 for the deficit into the Indigent Inmate Trust Fund.
1812 (6) Notwithstanding Subsection (1), any fund balance in excess of $1,000,000 remaining
1813 in the trust fund as of June 30 of any fiscal year shall be transferred to the General Fund.
1814 Section 67. Section 77-32-601 is amended to read:
1815 77-32-601. Establishment of Indigent Capital Defense Trust Fund -- Use of fund --
1816 Compensation for indigent legal defense from fund.
1817 (1) For purposes of this part, "fund" means the Indigent Capital Defense Trust Fund.
1818 (2) There is established [
1819 "Indigent Capital Defense Trust Fund" which shall be nonlapsing and shall be disbursed by the
1820 Division of Finance at the direction of the board and subject to the provisions of this chapter.
1821 (3) The fund consists of:
1822 (a) monies received from participating counties as provided in Sections 77-32-602 and
1823 77-32-603 ;
1824 (b) appropriations made to the fund by the Legislature as provided in Section 77-32-603 ;
1825 and
1826 (c) interest and earnings from the investment of fund monies.
1827 (4) Fund monies shall be invested by the state treasurer with the earnings and interest
1828 accruing to the fund.
1829 (5) The fund shall be used to assist participating counties with financial resources, as
1830 provided in Subsection (6), to fulfill their constitutional and statutory mandates for the provision
1831 of an adequate defense for indigents prosecuted for the violation of state laws in cases involving
1832 capital felonies.
1833 (6) Monies allocated to or deposited in this fund shall be used only:
1834 (a) to reimburse participating counties for expenditures made for an attorney appointed to
1835 represent an indigent, other than a state inmate in a state prison, prosecuted for a capital felony in
1836 a participating county; and
1837 (b) for administrative costs pursuant to Section 77-32-401 .
1838 Section 68. Section 77-32-701 is amended to read:
1839 77-32-701. Establishment of Indigent Felony Defense Trust Fund -- Use of fund --
1840 Compensation for indigent legal defense from fund.
1841 (1) For purposes of this part, "fund" means the Indigent Felony Defense Trust Fund.
1842 (2) There is established [
1843 "Indigent Felony Defense Trust Fund" which shall be nonlapsing and shall be disbursed by the
1844 Division of Finance at the direction of the board and subject to the provisions of this chapter.
1845 (3) The fund consists of:
1846 (a) monies received from participating counties as provided in Sections 77-32-702 and
1847 77-32-703 ;
1848 (b) a one-time appropriation by the Legislature; and
1849 (c) interest and earnings from the investment of fund monies.
1850 (4) Fund monies shall be invested by the state treasurer with the earnings and interest
1851 accruing to the fund.
1852 (5) The fund shall be used to assist participating counties with the financial resources, as
1853 provided in Subsection (6), to fulfill their constitutional and statutory mandates for the provision
1854 of an adequate defense for indigents prosecuted for the violation of state laws in cases involving
1855 felony offenses.
1856 (6) Monies allocated to or deposited in this fund shall be used only:
1857 (a) to reimburse participating counties for expenditures made for an attorney appointed to
1858 represent an indigent, other than a state inmate in a state prison, prosecuted for a felony in a
1859 participating county; and
1860 (b) for administrative costs pursuant to Section 77-32-401 .
1861 Section 69. Section 78-14-12 is amended to read:
1862 78-14-12. Division to provide panel -- Exemption -- Procedures -- Statute of
1863 limitations tolled -- Composition of panel -- Expenses -- Division authorized to set license
1864 fees.
1865 (1) (a) The division shall provide a hearing panel in alleged medical liability cases against
1866 health care providers as defined in Section 78-14-3 , except dentists.
1867 (b) (i) The division shall establish procedures for prelitigation consideration of medical
1868 liability claims for damages arising out of the provision of or alleged failure to provide health care.
1869 (ii) The division may establish rules necessary to administer the process and procedures
1870 related to prelitigation hearings and the conduct of prelitigation hearings in accordance with
1871 Sections 78-14-12 through 78-14-16 .
1872 (c) The proceedings are informal, nonbinding, and are not subject to Title 63, Chapter 46b,
1873 Administrative Procedures Act, but are compulsory as a condition precedent to commencing
1874 litigation.
1875 (d) Proceedings conducted under authority of this section are confidential, privileged, and
1876 immune from civil process.
1877 (2) (a) The party initiating a medical liability action shall file a request for prelitigation
1878 panel review with the division within 60 days after the service of a statutory notice of intent to
1879 commence action under Section 78-14-8 .
1880 (b) The request shall include a copy of the notice of intent to commence action. The
1881 request shall be mailed to all health care providers named in the notice and request.
1882 (3) (a) The filing of a request for prelitigation panel review under this section tolls the
1883 applicable statute of limitations until the earlier of 60 days following the division's issuance of an
1884 opinion by the prelitigation panel, or 60 days following the termination of jurisdiction by the
1885 division as provided in this subsection. The division shall send any opinion issued by the panel
1886 to all parties by regular mail.
1887 (b) (i) The division shall complete a prelitigation hearing under this section within 180
1888 days after the filing of the request for prelitigation panel review, or within any longer period as
1889 agreed upon in writing by all parties to the review.
1890 (ii) If the prelitigation hearing has not been completed within the time limits established
1891 in Subsection (3)(b)(i), the division has no further jurisdiction over the matter subject to review
1892 and the claimant is considered to have complied with all conditions precedent required under this
1893 section prior to the commencement of litigation.
1894 (c) (i) The claimant and any respondent may agree by written stipulation that no useful
1895 purpose would be served by convening a prelitigation panel under this section.
1896 (ii) When the stipulation is filed with the division, the division shall within ten days after
1897 receipt enter an order divesting itself of jurisdiction over the claim, as it concerns the stipulating
1898 respondent, and stating that the claimant has complied with all conditions precedent to the
1899 commencement of litigation regarding the claim.
1900 (4) The division shall provide for and appoint an appropriate panel or panels to hear
1901 complaints of medical liability and damages, made by or on behalf of any patient who is an alleged
1902 victim of medical liability. The panels are composed of:
1903 (a) one member who is a resident lawyer currently licensed and in good standing to
1904 practice law in this state and who shall serve as chairman of the panel, who is appointed by the
1905 division from among qualified individuals who have registered with the division indicating a
1906 willingness to serve as panel members, and a willingness to comply with the rules of professional
1907 conduct governing lawyers in the state of Utah, and who has completed division training regarding
1908 conduct of panel hearings;
1909 (b) (i) one member who is a licensed health care provider listed under Section 78-14-3 ,
1910 who is practicing and knowledgeable in the same specialty as the proposed defendant, and who is
1911 appointed by the division in accordance with Subsection (5); or
1912 (ii) in claims against only hospitals or their employees, one member who is an individual
1913 currently serving in a hospital administration position directly related to hospital operations or
1914 conduct that includes responsibility for the area of practice that is the subject of the liability claim,
1915 and who is appointed by the division; and
1916 (c) a lay panelist who is not a lawyer, doctor, hospital employee, or other health care
1917 provider, and who is a responsible citizen of the state, selected and appointed by the division from
1918 among individuals who have completed division training with respect to panel hearings.
1919 (5) (a) Each person listed as a health care provider in Section 78-14-3 and practicing under
1920 a license issued by the state, is obligated as a condition of holding that license to participate as a
1921 member of a medical liability prelitigation panel at reasonable times, places, and intervals, upon
1922 issuance, with advance notice given in a reasonable time frame, by the division of an Order to
1923 Participate as a Medical Liability Prelitigation Panel Member.
1924 (b) A licensee may be excused from appearance and participation as a panel member upon
1925 the division finding participation by the licensee will create an unreasonable burden or hardship
1926 upon the licensee.
1927 (c) A licensee whom the division finds failed to appear and participate as a panel member
1928 when so ordered, without adequate explanation or justification and without being excused for
1929 cause by the division, may be assessed an administrative fine not to exceed $5,000.
1930 (d) A licensee whom the division finds intentionally or repeatedly failed to appear and
1931 participate as a panel member when so ordered, without adequate explanation or justification and
1932 without being excused for cause by the division, may be assessed an administrative fine not to
1933 exceed $5,000, and is guilty of unprofessional conduct.
1934 (e) All fines collected under Subsections (5)(c) and (d) shall be deposited in the Physicians
1935 Education [
1936 (6) Each person selected as a panel member shall certify, under oath, that he has no bias
1937 or conflict of interest with respect to any matter under consideration.
1938 (7) Members of the prelitigation hearing panels shall receive per diem compensation and
1939 travel expenses for attending panel hearings as established by rules of the division.
1940 (8) (a) In addition to the actual cost of administering the licensure of health care providers,
1941 the division may set license fees of health care providers within the limits established by law equal
1942 to their proportionate costs of administering prelitigation panels.
1943 (b) The claimant bears none of the costs of administering the prelitigation panel except
1944 under Section 78-14-16 .
1945 Section 70. Effective date.
1946 This act takes effect on July 1, 2002.
Legislative Review Note
as of 1-14-02 11:06 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.