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H.B. 297
This document includes House Committee Amendments incorporated into the bill on Thu, Feb 5, 2009 at 4:02 PM by ddonat. --> This document includes House Committee Amendments incorporated into the bill on Tue, Feb 10, 2009 at 2:54 PM by jeyring. --> 1
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8 LONG TITLE
9 General Description:
10 This bill recodifies and makes technical amendments to the Budgetary Procedures Act.
11 Highlighted Provisions:
12 This bill:
13 . organizes and groups existing sections of the Budgetary Procedures Act into
14 consistent categories;
15 . simplifies structure and language in the act;
16 . modifies provisions to list requirements and procedures in chronological order;
17 . consolidates, modifies, and provides definitions in the act;
18 . removes references to the currently unused term "allotment";
19 . updates and coordinates cross references; and
20 . makes technical and grammatical changes.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 This bill provides an effective date.
25 This bill provides revisor instructions.
26 Utah Code Sections Affected:
27 AMENDS:
28 3-1-6, as last amended by Laws of Utah 2008, Chapter 382
29 3-1-36, as last amended by Laws of Utah 2008, Chapter 382
30 4-2-2, as last amended by Laws of Utah 2008, Chapter 382
31 4-3-14, as last amended by Laws of Utah 2008, Chapter 382
32 4-14-3, as last amended by Laws of Utah 2008, Chapter 382
33 4-14-13, as last amended by Laws of Utah 2008, Chapter 382
34 4-37-201, as last amended by Laws of Utah 2008, Chapter 382
35 4-37-301, as last amended by Laws of Utah 2008, Chapter 382
36 4-39-203, as last amended by Laws of Utah 2008, Chapter 382
37 12-1-10, as last amended by Laws of Utah 2008, Chapter 382
38 13-1-2, as last amended by Laws of Utah 2008, Chapter 382
39 13-1a-9, as last amended by Laws of Utah 2008, Chapter 382
40 13-14-105, as last amended by Laws of Utah 2008, Chapter 382
41 13-15-4, as last amended by Laws of Utah 2008, Chapter 382
42 13-15-4.5, as last amended by Laws of Utah 2008, Chapter 382
43 13-21-3, as last amended by Laws of Utah 2008, Chapter 382
44 13-22-6, as last amended by Laws of Utah 2008, Chapters 177 and 382
45 13-22-8, as last amended by Laws of Utah 2008, Chapter 382
46 13-22-9, as last amended by Laws of Utah 2008, Chapter 382
47 13-23-5, as last amended by Laws of Utah 2008, Chapter 382
48 13-26-3, as last amended by Laws of Utah 2008, Chapter 382
49 13-32a-111, as last amended by Laws of Utah 2008, Chapter 382
50 13-34-107, as last amended by Laws of Utah 2008, Chapter 382
51 13-35-105, as last amended by Laws of Utah 2008, Chapter 382
52 13-39-201, as last amended by Laws of Utah 2008, Chapter 382
53 13-42-105, as last amended by Laws of Utah 2008, Chapter 382
54 13-42-109, as last amended by Laws of Utah 2008, Chapter 382
55 13-42-111, as last amended by Laws of Utah 2008, Chapter 382
56 13-42-132, as last amended by Laws of Utah 2008, Chapter 382
57 15-9-109, as last amended by Laws of Utah 2008, Chapter 382
58 16-6a-107, as last amended by Laws of Utah 2008, Chapter 382
59 16-7-11, as last amended by Laws of Utah 2008, Chapter 382
60 16-10a-122, as last amended by Laws of Utah 2008, Chapter 382
61 16-12-3, as last amended by Laws of Utah 2008, Chapter 382
62 16-13-12, as last amended by Laws of Utah 2008, Chapter 382
63 16-15-105, as last amended by Laws of Utah 2008, Chapter 382
64 16-15-107, as last amended by Laws of Utah 2008, Chapter 382
65 16-15-108, as last amended by Laws of Utah 2008, Chapter 382
66 16-16-208, as enacted by Laws of Utah 2008, Chapter 363
67 16-17-201, as enacted by Laws of Utah 2008, Chapter 364
68 19-1-201, as last amended by Laws of Utah 2008, Chapter 382
69 19-1-403, as last amended by Laws of Utah 2008, Chapter 382
70 19-2-105.3, as last amended by Laws of Utah 2008, Chapter 382
71 19-2-109.1, as last amended by Laws of Utah 2008, Chapter 382
72 19-2-109.5, as last amended by Laws of Utah 2008, Chapter 382
73 19-3-104, as last amended by Laws of Utah 2008, Chapter 382
74 19-3-106.4, as last amended by Laws of Utah 2008, Chapter 382
75 19-3-308, as last amended by Laws of Utah 2008, Chapter 382
76 19-3-315, as last amended by Laws of Utah 2008, Chapter 382
77 19-5-120, as last amended by Laws of Utah 2008, Chapter 382
78 19-5-121, as last amended by Laws of Utah 2008, Chapter 382
79 19-5-122, as last amended by Laws of Utah 2008, Chapter 382
80 19-6-408, as last amended by Laws of Utah 2008, Chapter 382
81 19-6-806, as last amended by Laws of Utah 2008, Chapter 382
82 19-6-1003, as last amended by Laws of Utah 2008, Chapter 382
83 19-8-117, as last amended by Laws of Utah 2008, Chapter 382
84 23-14-18, as last amended by Laws of Utah 2008, Chapter 382
85 23-16-4, as last amended by Laws of Utah 2008, Chapter 382
86 26-1-6, as last amended by Laws of Utah 2008, Chapter 382
87 26-2-22, as last amended by Laws of Utah 2008, Chapters 3, 137, and 382
88 26-21a-205, as last amended by Laws of Utah 2008, Chapter 382
89 31A-3-103, as last amended by Laws of Utah 2008, Chapter 382
90 31A-3-304 (Superseded 07/01/10), as last amended by Laws of Utah 2008, Chapter
91 382
92 31A-3-304 (Effective 07/01/10), as last amended by Laws of Utah 2008, Chapters 302
93 and 382
94 31A-34-104, as last amended by Laws of Utah 2008, Chapter 382
95 31A-35-301, as last amended by Laws of Utah 2008, Chapter 382
96 31A-35-401, as last amended by Laws of Utah 2008, Chapter 382
97 31A-35-406, as last amended by Laws of Utah 2008, Chapter 382
98 31A-37-202, as last amended by Laws of Utah 2008, Chapters 302 and 382
99 34A-1-106, as last amended by Laws of Utah 2008, Chapter 382
100 34A-7-104, as last amended by Laws of Utah 2008, Chapter 382
101 34A-7-203, as last amended by Laws of Utah 2008, Chapter 382
102 35A-1-106, as last amended by Laws of Utah 2008, Chapter 382
103 36-12-13, as last amended by Laws of Utah 2008, Chapter 382
104 38-1-27, as last amended by Laws of Utah 2008, Chapter 382
105 38-11-201, as last amended by Laws of Utah 2008, Chapter 382
106 38-11-202, as last amended by Laws of Utah 2008, Chapter 382
107 38-11-204, as last amended by Laws of Utah 2008, Chapter 382
108 38-11-206, as last amended by Laws of Utah 2008, Chapter 382
109 38-11-301, as last amended by Laws of Utah 2008, Chapter 382
110 38-11-302, as last amended by Laws of Utah 2008, Chapter 382
111 40-2-401, as last amended by Laws of Utah 2008, Chapter 382 and renumbered and
112 amended by Laws of Utah 2008, Chapter 113
113 40-2-402, as last amended by Laws of Utah 2008, Chapter 382 and renumbered and
114 amended by Laws of Utah 2008, Chapter 113
115 40-6-14.5, as last amended by Laws of Utah 2008, Chapter 382
116 41-1a-115, as last amended by Laws of Utah 2008, Chapter 382
117 41-1a-116, as last amended by Laws of Utah 2008, Chapter 382
118 41-1a-301, as last amended by Laws of Utah 2008, Chapter 382
119 41-1a-418, as last amended by Laws of Utah 2008, Chapters 48, 143, 153, 181, 201,
120 and 382
121 41-1a-419, as last amended by Laws of Utah 2008, Chapter 382
122 41-1a-422, as last amended by Laws of Utah 2008, Chapters 48, 201, and 382
123 41-1a-1007, as last amended by Laws of Utah 2008, Chapter 382
124 41-1a-1010, as last amended by Laws of Utah 2008, Chapter 382
125 41-1a-1211, as last amended by Laws of Utah 2008, Chapters 143 and 382
126 41-1a-1212, as last amended by Laws of Utah 2008, Chapter 382
127 41-1a-1221, as last amended by Laws of Utah 2008, Chapter 382
128 41-3-601, as last amended by Laws of Utah 2008, Chapter 382
129 41-3-604, as last amended by Laws of Utah 2008, Chapter 382
130 41-6a-404, as last amended by Laws of Utah 2008, Chapter 382
131 41-6a-518, as last amended by Laws of Utah 2008, Chapter 382
132 41-12a-202, as last amended by Laws of Utah 2008, Chapter 382
133 41-12a-805, as last amended by Laws of Utah 2008, Chapters 166 and 382
134 41-22-33, as last amended by Laws of Utah 2008, Chapter 94
135 41-22-36, as last amended by Laws of Utah 2008, Chapter 382
136 42-2-10, as last amended by Laws of Utah 2008, Chapter 382
137 42-3-2, as last amended by Laws of Utah 2008, Chapter 382
138 42-3-4, as last amended by Laws of Utah 2008, Chapter 382
139 46-1-3, as last amended by Laws of Utah 2008, Chapter 382
140 48-1-42, as last amended by Laws of Utah 2008, Chapters 364 and 382
141 48-2a-206, as last amended by Laws of Utah 2008, Chapter 382
142 48-2a-1107, as last amended by Laws of Utah 2008, Chapter 382
143 48-2c-214, as last amended by Laws of Utah 2008, Chapter 382
144 51-9-202, as renumbered and amended by Laws of Utah 2008, Chapter 382
145 53-1-106, as last amended by Laws of Utah 2008, Chapters 339 and 382
146 53-1-110, as last amended by Laws of Utah 2008, Chapter 382
147 53-2-403, as last amended by Laws of Utah 2008, Chapters 216, 250, and 382
148 53-2-404, as last amended by Laws of Utah 2008, Chapter 382
149 53-3-106, as last amended by Laws of Utah 2008, Chapters 304 and 382
150 53-3-109, as last amended by Laws of Utah 2008, Chapters 376 and 382
151 53-3-303.5, as last amended by Laws of Utah 2008, Chapter 382
152 53-3-506, as last amended by Laws of Utah 2008, Chapter 382
153 53-7-204.2, as last amended by Laws of Utah 2008, Chapter 382
154 53-7-216, as last amended by Laws of Utah 2008, Chapter 382
155 53-7-225.5, as last amended by Laws of Utah 2008, Chapter 382
156 53-7-225.6, as last amended by Laws of Utah 2008, Chapter 382
157 53-7-314, as last amended by Laws of Utah 2008, Chapter 382
158 53-8-204, as last amended by Laws of Utah 2008, Chapter 382
159 53-10-108, as last amended by Laws of Utah 2008, Chapters 3 and 382
160 53A-6-105, as last amended by Laws of Utah 2008, Chapter 382
161 53A-17a-105, as last amended by Laws of Utah 2008, Chapter 382
162 53A-26a-302, as last amended by Laws of Utah 2008, Chapter 382
163 54-5-1.5, as last amended by Laws of Utah 2008, Chapter 382
164 58-1-308, as last amended by Laws of Utah 2008, Chapter 382
165 58-3a-103, as last amended by Laws of Utah 2008, Chapter 382
166 58-3a-302, as last amended by Laws of Utah 2008, Chapter 382
167 58-5a-302, as last amended by Laws of Utah 2008, Chapter 382
168 58-9-302, as last amended by Laws of Utah 2008, Chapter 382
169 58-11a-302, as last amended by Laws of Utah 2008, Chapter 382
170 58-15-4, as last amended by Laws of Utah 2008, Chapter 382
171 58-16a-302, as last amended by Laws of Utah 2008, Chapter 382
172 58-17b-303, as last amended by Laws of Utah 2008, Chapter 382
173 58-17b-304, as last amended by Laws of Utah 2008, Chapter 382
174 58-17b-305, as last amended by Laws of Utah 2008, Chapter 382
175 58-17b-306, as last amended by Laws of Utah 2008, Chapter 382
176 58-20a-302, as last amended by Laws of Utah 2008, Chapter 382
177 58-22-103, as last amended by Laws of Utah 2008, Chapter 382
178 58-22-302, as last amended by Laws of Utah 2008, Chapters 277 and 382
179 58-26a-302, as last amended by Laws of Utah 2008, Chapters 265 and 382
180 58-26a-306, as last amended by Laws of Utah 2008, Chapter 382
181 58-26a-307, as last amended by Laws of Utah 2008, Chapter 382
182 58-28-302, as last amended by Laws of Utah 2008, Chapter 382
183 58-31b-302, as last amended by Laws of Utah 2008, Chapter 382
184 58-31b-304, as last amended by Laws of Utah 2008, Chapter 382
185 58-31b-305, as last amended by Laws of Utah 2008, Chapter 382
186 58-37-6, as last amended by Laws of Utah 2008, Chapters 3 and 382
187 58-39a-5, as last amended by Laws of Utah 2008, Chapter 382
188 58-40a-302, as last amended by Laws of Utah 2008, Chapter 382
189 58-41-5, as last amended by Laws of Utah 2008, Chapter 382
190 58-41-13, as last amended by Laws of Utah 2008, Chapter 382
191 58-42a-302, as last amended by Laws of Utah 2008, Chapter 382
192 58-44a-302, as last amended by Laws of Utah 2008, Chapter 382
193 58-46a-302, as last amended by Laws of Utah 2008, Chapter 382
194 58-47b-302, as last amended by Laws of Utah 2008, Chapter 382
195 58-53-103, as last amended by Laws of Utah 2008, Chapter 382
196 58-53-302, as last amended by Laws of Utah 2008, Chapter 382
197 58-54-5, as last amended by Laws of Utah 2008, Chapter 382
198 58-55-103, as last amended by Laws of Utah 2008, Chapter 382
199 58-55-302, as last amended by Laws of Utah 2008, Chapters 215 and 382
200 58-56-16, as last amended by Laws of Utah 2008, Chapter 382
201 58-57-4, as last amended by Laws of Utah 2008, Chapter 382
202 58-60-115, as last amended by Laws of Utah 2008, Chapter 382
203 58-60-117, as last amended by Laws of Utah 2008, Chapter 382
204 58-60-205, as last amended by Laws of Utah 2008, Chapter 382
205 58-60-305, as last amended by Laws of Utah 2008, Chapter 382
206 58-60-305.5, as enacted by Laws of Utah 2000, Chapter 159
207 58-60-308, as enacted by Laws of Utah 2001, Chapter 281
208 58-60-405, as last amended by Laws of Utah 2008, Chapter 382
209 58-60-407, as enacted by Laws of Utah 2001, Chapter 281
210 58-60-506, as last amended by Laws of Utah 2008, Chapter 382
211 58-61-304, as last amended by Laws of Utah 2008, Chapter 382
212 58-63-302, as last amended by Laws of Utah 2008, Chapters 246 and 382
213 58-64-302, as last amended by Laws of Utah 2008, Chapters 211 and 382
214 58-67-302, as last amended by Laws of Utah 2008, Chapter 382
215 58-68-302, as last amended by Laws of Utah 2008, Chapter 382
216 58-69-302, as last amended by Laws of Utah 2008, Chapters 269 and 382
217 58-70a-302, as last amended by Laws of Utah 2008, Chapter 382
218 58-71-302, as last amended by Laws of Utah 2008, Chapters 238 and 382
219 58-72-302, as last amended by Laws of Utah 2008, Chapter 382
220 58-73-302, as last amended by Laws of Utah 2008, Chapter 382
221 58-74-302, as last amended by Laws of Utah 2008, Chapter 382
222 58-75-302, as last amended by Laws of Utah 2008, Chapter 382
223 58-76-103, as last amended by Laws of Utah 2008, Chapter 382
224 58-76-302, as last amended by Laws of Utah 2008, Chapter 382
225 58-77-302, as last amended by Laws of Utah 2008, Chapter 382
226 59-1-305, as last amended by Laws of Utah 2008, Chapter 382
227 59-19-105, as last amended by Laws of Utah 2008, Chapter 382
228 61-1-18.4, as last amended by Laws of Utah 2008, Chapter 382
229 61-2-7.1, as last amended by Laws of Utah 2008, Chapter 382
230 61-2-9, as last amended by Laws of Utah 2008, Chapter 382
231 61-2b-6, as last amended by Laws of Utah 2008, Chapters 382 and 387
232 61-2b-18, as last amended by Laws of Utah 2008, Chapters 382 and 387
233 61-2b-37, as last amended by Laws of Utah 2008, Chapter 382
234 61-2c-103, as last amended by Laws of Utah 2008, Chapters 158 and 382
235 61-2c-201, as last amended by Laws of Utah 2008, Chapter 382
236 61-2c-202, as last amended by Laws of Utah 2008, Chapters 382 and 387
237 61-2c-205, as last amended by Laws of Utah 2008, Chapter 382
238 61-2c-206, as last amended by Laws of Utah 2008, Chapters 382 and 387
239 61-2c-208, as last amended by Laws of Utah 2008, Chapter 382
240 62A-2-105, as last amended by Laws of Utah 2008, Chapter 382
241 62A-14-106, as last amended by Laws of Utah 2008, Chapter 382
242 63A-1-114, as last amended by Laws of Utah 2008, Chapter 382
243 63A-2-103, as last amended by Laws of Utah 2008, Chapter 382
244 63A-4-102, as last amended by Laws of Utah 2008, Chapter 382
245 63A-5-104, as last amended by Laws of Utah 2008, Second Special Session, Chapter 3
246 63A-5-204, as last amended by Laws of Utah 2008, Chapter 382
247 63A-8-201, as last amended by Laws of Utah 2008, Chapters 3 and 382
248 63A-9-401, as last amended by Laws of Utah 2008, Chapter 382
249 63C-11-308, as last amended by Laws of Utah 2008, Chapter 382
250 63C-11-315, as last amended by Laws of Utah 2008, Chapter 382
251 63C-11-318, as last amended by Laws of Utah 2008, Chapter 382
252 63F-1-103, as last amended by Laws of Utah 2008, Chapter 382
253 63F-1-301, as last amended by Laws of Utah 2008, Chapter 382
254 63F-1-302, as last amended by Laws of Utah 2008, Chapter 382
255 63G-2-203, as renumbered and amended by Laws of Utah 2008, Chapter 382
256 63G-9-301, as renumbered and amended by Laws of Utah 2008, Chapter 382
257 63J-1-201, as last amended by Laws of Utah 2008, Chapter 213 and renumbered and
258 amended by Laws of Utah 2008, Chapter 382
259 63J-2-202, as renumbered and amended by Laws of Utah 2008, Chapter 382
260 63J-3-103, as last amended by Laws of Utah 2008, Chapters 191, 250 and renumbered
261 and amended by Laws of Utah 2008, Chapter 382
262 63J-4-301, as renumbered and amended by Laws of Utah 2008, Chapter 382
263 63M-1-905, as renumbered and amended by Laws of Utah 2008, Chapter 382
264 63M-1-1104, as renumbered and amended by Laws of Utah 2008, Chapter 382
265 63M-1-2408, as enacted by Laws of Utah 2008, Chapter 372
266 63M-1-2612, as enacted by Laws of Utah 2008, Chapter 352
267 67-1a-2.5, as last amended by Laws of Utah 2008, Chapter 382
268 67-19-5, as last amended by Laws of Utah 2008, Chapter 382
269 67-19-11, as last amended by Laws of Utah 2008, Chapter 382
270 70-3a-203, as last amended by Laws of Utah 2008, Chapters 258 and 382
271 72-6-205, as last amended by Laws of Utah 2008, Chapter 382
272 72-7-507, as last amended by Laws of Utah 2008, Chapter 382
273 72-9-602, as last amended by Laws of Utah 2008, Chapter 382
274 72-10-116, as last amended by Laws of Utah 2008, Chapters 206 and 382
275 72-11-208, as last amended by Laws of Utah 2008, Chapter 382
276 73-2-14, as last amended by Laws of Utah 2008, Chapters 380, 382, and 399
277 73-3b-201, as last amended by Laws of Utah 2008, Chapter 382
278 73-3b-204, as last amended by Laws of Utah 2008, Chapter 382
279 73-3b-302, as last amended by Laws of Utah 2008, Chapter 382
280 73-10c-10, as last amended by Laws of Utah 2008, Chapter 382
281 73-18-4, as last amended by Laws of Utah 2008, Chapters 94 and 382
282 73-18-7, as last amended by Laws of Utah 2008, Chapter 382
283 73-18-15.2, as last amended by Laws of Utah 2008, Chapter 94
284 73-18-25, as last amended by Laws of Utah 2008, Chapter 382
285 73-28-404, as last amended by Laws of Utah 2008, Chapter 382
286 76-10-526, as last amended by Laws of Utah 2008, Chapters 322 and 382
287 76-10-1209, as last amended by Laws of Utah 2008, Chapter 382
288 77-18-11, as last amended by Laws of Utah 2008, Chapters 303 and 382
289 ENACTS:
290 63J-1-102, Utah Code Annotated 1953
291 63J-1-216, Utah Code Annotated 1953
292 RENUMBERS AND AMENDS:
293 63J-1-104, (Renumbered from 63J-1-404, as renumbered and amended by Laws of
294 Utah 2008, Chapter 382)
295 63J-1-206, (Renumbered from 63J-1-301, as renumbered and amended by Laws of
296 Utah 2008, Chapter 382)
297 63J-1-207, (Renumbered from 63J-1-408, as renumbered and amended by Laws of
298 Utah 2008, Chapter 382)
299 63J-1-208, (Renumbered from 63J-1-409, as renumbered and amended by Laws of
300 Utah 2008, Chapter 382)
301 63J-1-209, (Renumbered from 63J-1-406, as renumbered and amended by Laws of
302 Utah 2008, Chapter 382)
303 63J-1-210, (Renumbered from 63J-1-302, as renumbered and amended by Laws of
304 Utah 2008, Chapter 382)
305 63J-1-211, (Renumbered from 63J-1-307, as renumbered and amended by Laws of
306 Utah 2008, Chapter 382)
307 63J-1-212, (Renumbered from 63J-1-308, as renumbered and amended by Laws of
308 Utah 2008, Chapter 382)
309 63J-1-213, (Renumbered from 63J-1-309, as renumbered and amended by Laws of
310 Utah 2008, Chapter 382)
311 63J-1-214, (Renumbered from 63J-1-310, as renumbered and amended by Laws of
312 Utah 2008, Chapter 382)
313 63J-1-215, (Renumbered from 63J-1-311, as renumbered and amended by Laws of
314 Utah 2008, Chapter 382)
315 63J-1-217, (Renumbered from 63J-1-405, as renumbered and amended by Laws of
316 Utah 2008, Chapter 382)
317 63J-1-218, (Renumbered from 63J-1-407, as renumbered and amended by Laws of
318 Utah 2008, Chapter 382)
319 63J-1-312, (Renumbered from 63J-1-202, as last amended by Laws of Utah 2008,
320 Second Special Session, Chapter 8)
321 63J-1-313, (Renumbered from 63J-1-203, as last amended by Laws of Utah 2008,
322 Second Special Session, Chapter 8)
323 63J-1-314, (Renumbered from 63J-1-204, as last amended by Laws of Utah 2008,
324 Chapter 138 and renumbered and amended by Laws of Utah 2008, Chapter 382)
325 63J-1-410, (Renumbered from 63J-1-306, as renumbered and amended by Laws of
326 Utah 2008, Chapter 382)
327 63J-1-411, (Renumbered from 63J-1-403, as renumbered and amended by Laws of
328 Utah 2008, Chapter 382)
329 63J-1-504, (Renumbered from 63J-1-303, as renumbered and amended by Laws of
330 Utah 2008, Chapter 382)
331 63J-1-505, (Renumbered from 63J-1-304, as renumbered and amended by Laws of
332 Utah 2008, Chapter 382)
333 63J-1-506, (Renumbered from 63J-1-305, as renumbered and amended by Laws of
334 Utah 2008, Chapter 382)
335 63J-1-601, (Renumbered from 63J-1-401, as renumbered and amended by Laws of
336 Utah 2008, Chapter 382)
337 63J-1-603, (Renumbered from 63J-1-402, as renumbered and amended by Laws of
338 Utah 2008, Chapter 382)
339 63J-1-701, (Renumbered from 63J-1-501, as renumbered and amended by Laws of
340 Utah 2008, Chapter 382)
341 63J-1-702, (Renumbered from 63J-1-502, as renumbered and amended by Laws of
342 Utah 2008, Chapter 382)
343 63J-1-703, (Renumbered from 63J-1-503, as renumbered and amended by Laws of
344 Utah 2008, Chapter 382)
345
346 Be it enacted by the Legislature of the state of Utah:
347 Section 1. Section 3-1-6 is amended to read:
348 3-1-6. Filing articles of incorporation -- Certificate of incorporation -- Fees --
349 Constructive notice.
350 (1) The articles of incorporation shall be filed with the Division of Corporations and
351 Commercial Code, which shall thereupon issue a certificate of incorporation. This certificate
352 or a certified copy of the same shall be prima facie evidence of the due incorporation of the
353 association. Upon the issuance of such certificate of incorporation, the corporate existence
354 begins.
355 (2) The Division of Corporations and Commercial Code shall establish a fee pursuant
356 to Section [
357 securing a certified copy of the articles, for the issuance of a certificate of incorporation, and
358 for filing amendments to the articles, whether incorporated with or without stock.
359 (3) No person dealing with the association may be charged with constructive notice of
360 the contents of the articles or amendments thereto by reason of such filing or recording.
361 Section 2. Section 3-1-36 is amended to read:
362 3-1-36. Articles of merger or consolidation -- Execution, contents, and filing of
363 articles -- Issuance of certificate of merger or consolidation -- Fees.
364 (1) Upon approval, articles of merger or consolidation shall be signed in duplicate by
365 each party to the merger or consolidation by its president or a vice president and by its secretary
366 or an assistant secretary and verified by one of the officers of each association and corporation
367 signing the articles.
368 (2) The articles shall set forth:
369 (a) the plan of merger or consolidation;
370 (b) a statement:
371 (i) of the date of the meeting at which the plan of merger or consolidation was
372 considered and voted upon;
373 (ii) that a quorum was present at the meeting; and
374 (iii) that notice of the meeting was given to all members and shareholders entitled to
375 notice;
376 (c) the number of members entitled to vote and the number of shares outstanding
377 entitled to vote; and
378 (d) the number of members who voted for and against the plan, respectively, and the
379 number of shares voted for and against the plan, respectively.
380 (3) (a) Duplicate originals of the articles of merger or consolidation shall be delivered
381 to the Division of Corporations and Commercial Code and the fee established under Section
382 [
383 (b) If the Division of Corporations and Commercial Code finds that the articles
384 conform to law, it shall, after the fees have been paid:
385 (i) endorse on each of the duplicate originals the word "filed" and the month, day, and
386 year of the filing;
387 (ii) file one of the duplicate originals in its office; and
388 (iii) issue a certificate of merger or consolidation, attach the other duplicate original,
389 and return the certificate to the surviving or new corporation, or its representative.
390 Section 3. Section 4-2-2 is amended to read:
391 4-2-2. Functions, powers, and duties of department -- Fees for services --
392 Marketing orders -- Procedure.
393 (1) The department shall:
394 (a) inquire into and promote the interests and products of agriculture and its allied
395 industries;
396 (b) promote methods for increasing the production and facilitating the distribution of
397 the agricultural products of the state;
398 (c) (i) inquire into the cause of contagious, infectious, and communicable diseases
399 among livestock and the means for their prevention and cure; and
400 (ii) initiate, implement, and administer plans and programs to prevent the spread of
401 diseases among livestock;
402 (d) encourage experiments designed to determine the best means and methods for the
403 control of diseases among domestic and wild animals;
404 (e) issue marketing orders for any designated agricultural product to:
405 (i) promote orderly market conditions for any product;
406 (ii) give the producer a fair return on the producer's investment at the marketplace; and
407 (iii) only promote and not restrict or restrain the marketing of Utah agricultural
408 commodities;
409 (f) administer and enforce all laws assigned to the department by the Legislature;
410 (g) establish standards and grades for agricultural products and fix and collect
411 reasonable fees for services performed by the department in conjunction with the grading of
412 agricultural products;
413 (h) establish operational standards for any establishment that manufactures, processes,
414 produces, distributes, stores, sells, or offers for sale any agricultural product;
415 (i) adopt, according to Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
416 rules necessary for the effective administration of the agricultural laws of the state;
417 (j) when necessary, make investigations, subpoena witnesses and records, conduct
418 hearings, issue orders, and make recommendations concerning all matters related to
419 agriculture;
420 (k) (i) inspect any nursery, orchard, farm, garden, park, cemetery, greenhouse, or any
421 private or public place that may become infested or infected with harmful insects, plant
422 diseases, noxious or poisonous weeds, or other agricultural pests;
423 (ii) establish and enforce quarantines;
424 (iii) issue and enforce orders and rules for the control and eradication of pests,
425 wherever they may exist within the state; and
426 (iv) perform other duties relating to plants and plant products considered advisable and
427 not contrary to law;
428 (l) inspect apiaries for diseases inimical to bees and beekeeping;
429 (m) take charge of any agricultural exhibit within the state, if considered necessary by
430 the department, and award premiums at that exhibit;
431 (n) assist the Conservation Commission in the administration of Title 4, Chapter 18,
432 Conservation Commission Act, and administer and disburse any funds available to assist
433 conservation districts in the state in the conservation of the state's soil and water resources; and
434 (o) perform any additional functions, powers, and duties provided by law.
435 (2) The department, by following the procedures and requirements of Section
436 [
437 department.
438 (3) (a) No marketing order issued under Subsection (1)(e) shall take effect until:
439 (i) the department gives notice of the proposed order to the producers and handlers of
440 the affected product;
441 (ii) the commissioner conducts a hearing on the proposed order; and
442 (iii) at least 50% of the registered producers and handlers of the affected products vote
443 in favor of the proposed order.
444 (b) (i) The department may establish boards of control to administer marketing orders
445 and the proceeds derived from any order.
446 (ii) The board of control shall:
447 (A) ensure that all proceeds are placed in an account in the board of control's name in a
448 depository institution; and
449 (B) ensure that the account is annually audited by an accountant approved by the
450 commissioner.
451 (4) Funds collected by grain grading, as provided by Subsection (1)(g), shall be
452 deposited in the General Fund as nonlapsing dedicated credits for the grain grading program.
453 Section 4. Section 4-3-14 is amended to read:
454 4-3-14. Sale of raw milk -- Suspension of producer's permit -- Severability not
455 permitted.
456 (1) As used in this section:
457 (a) "Batch" means all the milk emptied from one bulk tank and bottled in a single day.
458 (b) "Self-owned retail store" means a retail store:
459 (i) of which the producer owns at least 51% of the value of the real property and
460 tangible personal property used in the operations of the retail store; or
461 (ii) for which the producer has the power to vote at least 51% of any class of voting
462 shares or ownership interest in the business entity that operates the retail store.
463 (2) Raw milk may be sold if:
464 (a) the producer obtains a permit from the department to produce milk under
465 Subsection 4-3-8(5);
466 (b) the sale and delivery of the milk is made upon the premises where the milk is
467 produced, except as provided by Subsection (3);
468 (c) it is sold to consumers for household use and not for resale;
469 (d) it is bottled or packaged under sanitary conditions and in sanitary containers on the
470 premises where the milk is produced;
471 (e) it is labeled "raw milk" and meets the labeling requirements under 21 C.F.R. Parts
472 101 and 131 and rules established by the department;
473 (f) it is:
474 (i) cooled to 50 degrees Fahrenheit or a lower temperature within one hour after being
475 drawn from the animal;
476 (ii) further cooled to 41 degrees Fahrenheit within two hours of being drawn from the
477 animal; and
478 (iii) maintained at 41 degrees Fahrenheit or a lower temperature until it is delivered to
479 the consumer;
480 (g) the bacterial count of the milk does not exceed 20,000 colony forming units per
481 milliliter;
482 (h) the bacterial plate count and the coliform count of the milk meet the bacterial and
483 coliform enforcement standards for grade A pasteurized milk;
484 (i) the production of the milk conforms to departmental rules for the production of
485 grade A milk;
486 (j) all dairy animals on the premises are:
487 (i) permanently and individually identifiable; and
488 (ii) free of tuberculosis, brucellosis, and other diseases carried through milk; and
489 (k) any person on the premises performing any work in connection with the production,
490 bottling, handling, or sale of the milk is free from communicable disease.
491 (3) A producer may sell raw whole milk at a self-owned retail store, which is properly
492 staffed, if, in addition to the requirements of Subsection (2), the producer:
493 (a) transports the milk from the premises where the milk is produced to the self-owned
494 retail store in a refrigerated truck where the milk is maintained at 41 degrees Fahrenheit or a
495 lower temperature;
496 (b) retains ownership of the milk until it is sold to the final consumer, including
497 transporting the milk from the premises where the milk is produced to the self-owned retail
498 store without any:
499 (i) intervening storage;
500 (ii) change of ownership; or
501 (iii) loss of physical control;
502 (c) stores the milk at 41 degrees Fahrenheit or a lower temperature in a display case
503 equipped with a properly calibrated thermometer at the self-owned retail store;
504 (d) places a sign above the display case at the self-owned retail store that reads, "Raw
505 Unpasteurized Milk";
506 (e) labels the milk with:
507 (i) a date, no more than nine days after the milk is produced, by which the milk should
508 be sold;
509 (ii) the statement "Raw milk, no matter how carefully produced, may be unsafe.";
510 (iii) handling instructions to preserve quality and avoid contamination or spoilage; and
511 (iv) any other information required by rule;
512 (f) refrains from offering the milk for sale until:
513 (i) each batch of milk is tested for standard plate count and coliform count from an
514 official sample taken at the self-owned retail store and tested by a third party certified by the
515 department; and
516 (ii) the test results meet the minimum standards established for those tests;
517 (g) (i) maintains a database of the milk sales; and
518 (ii) makes the database available to the Department of Health during the self-owned
519 retail store's business hours for purposes of epidemiological investigation;
520 (h) refrains from offering any pasteurized milk at the self-owned retail store;
521 (i) ensures that the plant and retail store complies with Title 4, Chapter 5, Utah
522 Wholesome Food Act, and the rules governing food establishments enacted under Section
523 4-5-9;
524 (j) participates in a hazard analysis critical control point system as established by the
525 United States Food and Drug Administration;
526 (k) conducts monthly tests on a sample taken from a batch of milk for:
527 (i) Listeria monocytogenes;
528 (ii) Salmonella typhimurium;
529 (iii) Salmonella dublin;
530 (iv) Campylobacter jejuni; and
531 (v) E. Coli 0157:H7; and
532 (l) complies with all applicable rules adopted as authorized by this chapter.
533 (4) The person conducting the tests required by Subsection (3) shall send a copy of the
534 test results to the department as soon as the test results are available.
535 (5) (a) The department shall adopt rules, as authorized by Section 4-3-2, governing the
536 sale of raw whole milk at a self-owned retail store.
537 (b) The rules adopted by the department shall include rules regarding:
538 (i) permits;
539 (ii) building and premises requirements;
540 (iii) sanitation and operating requirements, including bulk milk tanks requirements;
541 (iv) additional tests, including a test for pathogens;
542 (v) frequency of inspections, including random cooler checks;
543 (vi) recordkeeping; and
544 (vii) packaging and labeling.
545 (c) (i) The department shall establish a fee for the tests and inspections required by this
546 section and by rule by following the procedures and requirements of Section [
547 63J-1-504 .
548 (ii) Notwithstanding Section [
549 fees as dedicated credits and may only use the fees to administer and enforce this section.
550 (6) (a) The department shall suspend a permit issued under Section 4-3-8 if a producer
551 violates any provision of this section or any rules adopted as authorized by this section.
552 (b) The department may reissue a permit that has been suspended under Subsection
553 (6)(a) if the producer has complied with all of the requirements of this section and rules
554 adopted as authorized by this section.
555 (7) For 2008 and 2009, the Department of Health and the Department of Agriculture
556 and Food shall report on or before November 30th to the Natural Resources, Agriculture, and
557 Environment Interim Committee and the Health and Human Services Interim Committee on
558 any health problems resulting from the sale of raw whole milk at self-owned retail stores.
559 (8) (a) If any subsection of this section or the application of any subsection to any
560 person or circumstance is held invalid by a final decision of a court of competent jurisdiction,
561 the remainder of the section may not be given effect without the invalid subsection or
562 application.
563 (b) The provisions of this section may not be severed.
564 Section 5. Section 4-14-3 is amended to read:
565 4-14-3. Registration required for distribution -- Application -- Fees -- Renewal --
566 Local needs registration -- Distributor or applicator license -- Fees -- Renewal.
567 (1) (a) No person may distribute a pesticide in this state that is not registered with the
568 department.
569 (b) Application for registration shall be made to the department upon forms prescribed
570 and furnished by it accompanied with an annual registration fee determined by the department
571 pursuant to Subsection 4-2-2 (2) for each pesticide registered.
572 (c) Upon receipt by the department of a proper application and payment of the
573 appropriate fee, the commissioner shall issue a registration to the applicant allowing
574 distribution of the registered pesticide in this state through June 30 of each year, subject to
575 suspension or revocation for cause.
576 (d) (i) Each registration is renewable for a period of one year upon the payment of an
577 annual registration renewal fee in an amount equal to the current applicable original
578 registration fee.
579 (ii) Each renewal fee shall be paid on or before June 30 of each year.
580 (2) The application shall include the following information:
581 (a) the name and address of the applicant and the name and address of the person
582 whose name will appear on the label, if other than the applicant's name;
583 (b) the name of the pesticide;
584 (c) a complete copy of the label which will appear on the pesticide; and
585 (d) any information prescribed by rule of the department considered necessary for the
586 safe and effective use of the pesticide.
587 (3) (a) Forms for the renewal of registration shall be mailed to registrants at least 30
588 days before their registration expires.
589 (b) A registration in effect on June 30 for which a renewal application has been filed
590 and the registration fee tendered shall continue in effect until the applicant is notified either
591 that the registration is renewed or that it is suspended or revoked pursuant to Section 4-14-8 .
592 (4) The department may, before approval of any registration, require the applicant to
593 submit the complete formula of any pesticide including active and inert ingredients and may
594 also, for any pesticide not registered according to 7 U.S.C. Sec. 136a or for any pesticide on
595 which restrictions are being considered, require a complete description of all tests and test
596 results that support the claims made by the applicant or the manufacturer of the pesticide.
597 (5) A registrant who desires to register a pesticide to meet special local needs
598 according to 7 U.S.C. Sec. 136v(c) shall, in addition to complying with Subsections (1) and
599 (2), satisfy the department that:
600 (a) a special local need exists;
601 (b) the pesticide warrants the claims made for it;
602 (c) the pesticide, if used in accordance with commonly accepted practices, will not
603 cause unreasonable adverse effects on the environment; and
604 (d) the proposed classification for use conforms with 7 U.S.C. Sec. 136a(d).
605 (6) No registration is required for a pesticide distributed in this state pursuant to an
606 experimental use permit issued by the EPA or under Section 4-14-5 .
607 (7) No pesticide dealer may distribute a restricted use pesticide in this state without a
608 license.
609 (8) A person must receive a license before applying:
610 (a) a restricted use pesticide; or
611 (b) a general use pesticide for hire or in exchange for compensation.
612 (9) (a) A license to engage in an activity listed in Subsection (7) or (8) may be obtained
613 by:
614 (i) submitting an application on a form provided by the department;
615 (ii) paying the license fee determined by the department according to Subsection
616 4-2-2 (2); and
617 (iii) complying with the rules adopted as authorized by this chapter.
618 (b) A person may apply for a license that expires on December 31:
619 (i) of the calendar year in which the license is issued; or
620 (ii) of the second calendar year after the calendar year in which the license is issued.
621 (c) (i) Notwithstanding Section [
622 fees as dedicated credits and may only use the fees to administer and enforce this chapter.
623 (ii) The Legislature may annually designate the revenue generated from the fee as
624 nonlapsing in an appropriations act.
625 Section 6. Section 4-14-13 is amended to read:
626 4-14-13. Registration required for a pesticide business.
627 (1) A pesticide applicator business shall register with the department by:
628 (a) submitting an application on a form provided by the department;
629 (b) paying the registration fee; and
630 (c) certifying that the business is in compliance with this chapter and departmental
631 rules authorized by this chapter.
632 (2) (a) By following the procedures and requirements of Section [
633 63J-1-504 , the department shall establish a registration fee based on the number of pesticide
634 applicators employed by the pesticide applicator business.
635 (b) (i) Notwithstanding Section [
636 fees as dedicated credits and may only use the fees to administer and enforce this chapter.
637 (ii) The Legislature may annually designate the revenue generated from the fee as
638 nonlapsing in an appropriations act.
639 (3) (a) The department shall issue a pesticide applicator business a registration
640 certificate if the pesticide applicator business:
641 (i) has complied with the requirements of this section; and
642 (ii) meets the qualifications established by rule.
643 (b) The department shall notify the pesticide applicator business in writing that the
644 registration is denied if the pesticide applicator business does not meet the registration
645 qualifications.
646 (4) A registration certificate expires on December 31 of the second calendar year after
647 the calendar year in which the registration certificate is issued.
648 (5) (a) The department may suspend a registration certificate if the pesticide applicator
649 business violates this chapter or any rules authorized by it.
650 (b) A pesticide applicator business whose registration certificate has been suspended
651 may apply to the department for reinstatement of the registration certificate by demonstrating
652 compliance with this chapter and rules authorized by it.
653 (6) A pesticide applicator business shall:
654 (a) only employ a pesticide applicator who has received a license from the department,
655 as required by Section 4-14-3 ; and
656 (b) ensure that all employees comply with this chapter and the rules authorized by it.
657 Section 7. Section 4-37-201 is amended to read:
658 4-37-201. Certificate of registration required to operate an aquaculture facility.
659 (1) A person may not operate an aquaculture facility without first obtaining a certificate
660 of registration from the department.
661 (2) (a) Each application for a certificate of registration to operate an aquaculture
662 facility shall be accompanied by a fee.
663 (b) The fee shall be established by the department in accordance with Section
664 [
665 (3) The department shall coordinate with the Division of Wildlife Resources:
666 (a) on the suitability of the proposed site relative to potential impacts on adjacent
667 aquatic wildlife populations; and
668 (b) in determining which species the holder of the certificate of registration may
669 propagate, possess, transport, or sell.
670 (4) The department shall list on the certificate of registration the species which the
671 holder may propagate, possess, transport, or sell.
672 Section 8. Section 4-37-301 is amended to read:
673 4-37-301. Certificate of registration required to operate a fee fishing facility.
674 (1) A person may not operate a fee fishing facility without first obtaining a certificate
675 of registration from the department.
676 (2) (a) Each application for a certificate of registration to operate a fee fishing facility
677 shall be accompanied by a fee.
678 (b) The fee shall be established by the department in accordance with Section
679 [
680 (3) The department shall coordinate with the Division of Wildlife Resources:
681 (a) on the suitability of the proposed site relative to potential impacts on adjacent
682 aquatic wildlife populations; and
683 (b) in determining which species the holder of the certificate of registration may
684 possess or transport to or stock into the facility.
685 (4) The department shall list on the certificate of registration the species which the
686 holder may possess or transport to or stock into the facility.
687 (5) A person holding a certificate of registration for an aquaculture facility may also
688 operate a fee fishing facility without obtaining an additional certificate of registration, if the fee
689 fishing facility:
690 (a) is in a body of water meeting the criteria of Section 4-37-111 which is connected
691 with the aquaculture facility;
692 (b) contains only those aquatic animals specified on the certificate of registration for
693 the aquaculture facility; and
694 (c) is designated on the certificate of registration for the aquaculture facility.
695 Section 9. Section 4-39-203 is amended to read:
696 4-39-203. License required to operate a domesticated elk facility.
697 (1) A person may not operate a domesticated elk facility without first obtaining a
698 license from the department.
699 (2) (a) Each application for a license to operate a domesticated elk facility shall be
700 accompanied by a fee.
701 (b) The fee shall be established by the department in accordance with Section
702 [
703 (3) Each applicant for a domesticated elk facility license shall submit an application
704 providing all information in the form and manner as required by the department.
705 (4) (a) No license shall be issued until the department has inspected and approved the
706 facility.
707 (b) The department shall:
708 (i) notify the Division of Wildlife Resources at least 48 hours prior to a scheduled
709 inspection so that a Division of Wildlife Resources representative may be present at the
710 inspection; and
711 (ii) provide the Division of Wildlife Resources with copies of all licensing and
712 inspection reports.
713 (5) Each separate location of the domesticated elk operation shall be licensed
714 separately.
715 (6) (a) If a domesticated elk facility is operated under more than one business name
716 from a single location, the name of each operation shall be listed with the department in the
717 form and manner required by the department.
718 (b) The department shall require that a separate fee be paid for each business name
719 listed.
720 (c) If a domesticated elk facility operates under more than one business name from a
721 single location, the facility shall maintain separate records.
722 (7) Each person or business entity with an equity interest in the domesticated elk shall
723 be listed on the application for license.
724 (8) Each domesticated elk facility license shall expire on July 1 in the year following
725 the year of issuance.
726 (9) Each licensee shall report to the department, in the form and manner required by
727 the department, any change in the information provided in the licensee's application or in the
728 reports previously submitted, within 15 days of each change.
729 (10) Licenses issued pursuant to this section are not transferable.
730 Section 10. Section 12-1-10 is amended to read:
731 12-1-10. Applications -- Fees.
732 (1) Each application for registration under this chapter shall be made on a form
733 provided by the Division of Corporations and Commercial Code.
734 (2) Each applicant shall pay to the Division of Corporations and Commercial Code an
735 application fee determined under Section [
736 Section 11. Section 13-1-2 is amended to read:
737 13-1-2. Creation and functions of department -- Divisions created -- Fees.
738 (1) (a) There is created the Department of Commerce.
739 (b) The department shall execute and administer state laws regulating business
740 activities and occupations affecting the public interest.
741 (2) Within the department the following divisions are created:
742 (a) the Division of Occupational and Professional Licensing;
743 (b) the Division of Real Estate;
744 (c) the Division of Securities;
745 (d) the Division of Public Utilities;
746 (e) the Division of Consumer Protection; and
747 (f) the Division of Corporations and Commercial Code.
748 (3) (a) Unless otherwise provided by statute, the department may adopt a schedule of
749 fees assessed for services provided by the department by following the procedures and
750 requirements of Section [
751 (b) The department shall submit each fee established in this manner to the Legislature
752 for its approval as part of the department's annual appropriations request.
753 (c) (i) All fees collected by each division and by the department shall be deposited in a
754 restricted account within the General Fund known as the Commerce Service Fund.
755 (ii) At the end of each fiscal year, the director of the Division of Finance shall transfer
756 into the General Fund any fee collections that are greater than the legislative appropriations
757 from the Commerce Service Fund for that year.
758 (d) The department may not charge or collect any fee nor expend monies from this
759 fund without approval by the Legislature.
760 Section 12. Section 13-1a-9 is amended to read:
761 13-1a-9. Fees of Division of Corporations and Commercial Code.
762 In addition to the fees prescribed by Title 16, Chapter 6a, Utah Revised Nonprofit
763 Corporation Act, and Title 16, Chapter 10a, Utah Revised Business Corporation Act, the
764 Division of Corporations and Commercial Code shall receive and determine fees pursuant to
765 Section [
766 corporations, of canal or irrigation corporations organized for furnishing water to lands owned
767 by the members thereof exclusively, or of water users' associations organized in conformity
768 with the requirements of the United States under the Reclamation Act of June 17, 1902, and
769 which are authorized to furnish water only to their stockholders. No license fee may be
770 imposed on insurance corporations, canal or irrigation corporations organized for furnishing
771 water to lands owned by the members thereof exclusively, or water users' associations
772 organized in conformity with the requirements of the United States under the Reclamation Act
773 of June 17, 1902, and which are authorized to furnish water only to the stockholders at the time
774 any such corporation files its articles of incorporation, articles of amendment increasing the
775 number of authorized shares, or articles of merger or consolidation, any provision of Title 16,
776 Chapter 10a, Utah Revised Business Corporation Act, to the contrary notwithstanding.
777 Section 13. Section 13-14-105 is amended to read:
778 13-14-105. Registration -- Fees.
779 (1) A franchisee or franchisor doing business in this state shall:
780 (a) annually register or renew its registration with the department in a manner
781 established by the department; and
782 (b) pay an annual registration fee in an amount determined by the department in
783 accordance with Sections 13-1-2 and [
784 (2) The department shall register or renew the registration of a franchisee or franchisor
785 if the franchisee or franchisor complies with this chapter and rules made by the department
786 under this chapter.
787 (3) A franchisee or franchisor registered under this section shall comply with this
788 chapter and any rules made by the department under this chapter including any amendments to
789 this chapter or the rules made after a franchisee or franchisor enter into a franchise agreement.
790 (4) The fee imposed under Subsection (1)(b) shall be collected by the department and
791 deposited into the Commerce Service Fund.
792 (5) Notwithstanding Subsection (1), an agent, officer, or field or area representative of
793 a franchisor does not need to be registered under this section if the franchisor is registered
794 under this section.
795 Section 14. Section 13-15-4 is amended to read:
796 13-15-4. Information to be filed by seller -- Representations.
797 (1) Any seller of an assisted marketing plan shall file the following information with
798 the division:
799 (a) the name, address, and principal place of business of the seller, and the name,
800 address, and principal place of business of the parent or holding company of the seller, if any,
801 who is responsible for statements made by the seller;
802 (b) all trademarks, trade names, service marks, or advertising or other commercial
803 symbols that identify the products, equipment, supplies, or services to be offered, sold, or
804 distributed by the prospective purchaser;
805 (c) an individual detailed statement covering the past five years of the business
806 experience of each of the seller's current directors and executive officers and an individual
807 statement covering the same period for the seller and the seller's parent company, if any,
808 including the length of time each:
809 (i) has conducted a business of the type advertised or solicited for operation by a
810 prospective purchaser;
811 (ii) has offered or sold the assisted marketing plan; and
812 (iii) has offered for sale or sold assisted marketing plans in other lines of business,
813 together with a description of the other lines of business;
814 (d) a statement of the total amount that must be paid by the purchaser to obtain or
815 commence the business opportunity such as initial fees, deposits, down payments, prepaid rent,
816 and equipment and inventory purchases; provided, that if all or part of these fees or deposits are
817 returnable, the conditions under which they are returnable shall also be disclosed;
818 (e) a complete statement of the actual services the seller will perform for the purchaser;
819 (f) a complete statement of all oral, written, or visual representations that will be made
820 to prospective purchasers about specific levels of potential sales, income, gross and net profits,
821 or any other representations that suggest a specific level;
822 (g) a complete description of the type and length of any training promised to
823 prospective purchasers;
824 (h) a complete description of any services promised to be performed by the seller in
825 connection with the placement of the equipment, products, or supplies at any location from
826 which they will be sold or used; and a complete description of those services together with any
827 agreements that will be made by the seller with the owner or manager of the location where the
828 purchaser's equipment, products, or supplies will be placed;
829 (i) a statement that discloses any person identified in Subsection (1)(a) who:
830 (i) has been convicted of a felony or misdemeanor or pleaded nolo contendere to a
831 felony or misdemeanor charge if the felony or misdemeanor involved fraud, embezzlement,
832 fraudulent conversion, or misappropriation of property;
833 (ii) has been held liable or consented to the entry of a stipulated judgment in any civil
834 action based upon fraud, embezzlement, fraudulent conversion, misappropriation of property,
835 or the use of untrue or misleading representations in the sale or attempted sale of any real or
836 personal property, or upon the use of any unfair, unlawful or deceptive business practice; or
837 (iii) is subject to an injunction or restrictive order relating to business activity as the
838 result of an action brought by a public agency;
839 (j) a financial statement of the seller signed by one of the seller's officers, directors,
840 trustees, or general or limited partners, under a declaration that certifies that to the signatory's
841 knowledge and belief the information in the financial statement is true and accurate; a financial
842 statement that is more than 13 months old is unacceptable;
843 (k) a copy of the entire marketing plan contract;
844 (l) the number of marketing plans sold to date, and the number of plans under
845 negotiation;
846 (m) geographical information including all states in which the seller's assisted
847 marketing plans have been sold, and the number of plans in each such state;
848 (n) the total number of marketing plans that were cancelled by the seller in the past 12
849 months; and
850 (o) the number of marketing plans that were voluntarily terminated by purchasers
851 within the past 12 months and the total number of such voluntary terminations to date.
852 (2) The seller of an assisted marketing plan filing information under Subsection (1)
853 shall pay a fee as determined by the department in accordance with Section [
854 63J-1-504 .
855 (3) Before commencing business in this state, the seller of an assisted marketing plan
856 shall file the information required under Subsection (1) and receive from the division proof of
857 receipt of the filing.
858 (4) A seller of an assisted marketing plan claiming an exemption from filing under this
859 chapter shall file a notice of claim of exemption from filing with the division. A seller
860 claiming an exemption from filing bears the burden of proving the exemption. The division
861 shall collect a fee for filing a notice of claim of exemption, as determined by the department in
862 accordance with Section [
863 (5) A representation described in Subsection (1)(f) shall be relevant to the geographic
864 market in which the business opportunity is to be located. When the statements or
865 representations are made, a warning after the representation in not less than 12 point upper and
866 lower case boldface type shall appear as follows:
867
868 No guarantee of earnings or ranges of earnings can be made. The number of purchasers
869 who have earned through this business an amount in excess of the amount of their initial
870 payment is at least _____ which represents _____% of the total number of purchasers of this
871 business opportunity.
872 Section 15. Section 13-15-4.5 is amended to read:
873 13-15-4.5. Notice of exemption filing.
874 (1) (a) Any franchise exempt from this chapter pursuant to Subsection
875 13-15-2 (1)(b)(iii) shall, prior to offering for sale or selling a franchise to be located in this state
876 or to a resident of this state, file with the division a notice that the franchisor is in substantial
877 compliance with the requirements of the Federal Trade Commission rule found at Title 16,
878 Chapter I, Subchapter d, Trade Regulation Rules, Part 436, Disclosure Requirements and
879 Prohibitions Concerning Franchising and Business Opportunity Ventures, together with a filing
880 fee determined by the department pursuant to Section [
881 $100.
882 (b) The notice shall state:
883 (i) the name of the applicant;
884 (ii) the name of the franchise;
885 (iii) the name under which the applicant intends to or does transact business, if
886 different than the name of the franchise;
887 (iv) the applicant's principal business address; and
888 (v) the applicant's federal employer identification number.
889 (2) (a) The initial exemption granted under this section is for a period of one year from
890 the date of filing the notice.
891 (b) The exemption may be renewed each year for an additional one-year period upon
892 filing a notice for renewal and paying a renewal fee determined pursuant to Section [
893 63J-1-504 , not to exceed $100.
894 (3) The division may make rules to implement this section.
895 Section 16. Section 13-21-3 is amended to read:
896 13-21-3. Credit services organizations -- Prohibitions.
897 (1) A credit services organization, its salespersons, agents, and representatives, and
898 independent contractors who sell or attempt to sell the services of a credit services organization
899 may not do any of the following:
900 (a) conduct any business regulated by this chapter without first:
901 (i) securing a certificate of registration from the division; and
902 (ii) unless exempted under Section 13-21-4 , posting a bond, letter of credit, or
903 certificate of deposit with the division in the amount of $100,000;
904 (b) make a false statement, or fail to state a material fact, in connection with an
905 application for registration with the division;
906 (c) charge or receive any money or other valuable consideration prior to full and
907 complete performance of the services the credit services organization has agreed to perform for
908 the buyer;
909 (d) dispute or challenge, or assist a person in disputing or challenging an entry in a
910 credit report prepared by a consumer reporting agency without a factual basis for believing and
911 obtaining a written statement for each entry from the person stating that that person believes
912 that the entry contains a material error or omission, outdated information, inaccurate
913 information, or unverifiable information;
914 (e) charge or receive any money or other valuable consideration solely for referral of
915 the buyer to a retail seller who will or may extend credit to the buyer, if the credit that is or will
916 be extended to the buyer is upon substantially the same terms as those available to the general
917 public;
918 (f) make, or counsel or advise any buyer to make, any statement that is untrue or
919 misleading and that is known, or that by the exercise of reasonable care should be known, to be
920 untrue or misleading, to a credit reporting agency or to any person who has extended credit to a
921 buyer or to whom a buyer is applying for an extension of credit, with respect to a buyer's
922 creditworthiness, credit standing, or credit capacity;
923 (g) make or use any untrue or misleading representations in the offer or sale of the
924 services of a credit services organization or engage, directly or indirectly, in any act, practice,
925 or course of business that operates or would operate as fraud or deception upon any person in
926 connection with the offer or sale of the services of a credit services organization; and
927 (h) transact any business as a credit services organization, as defined in Section
928 13-21-2 , without first having registered with the division by paying an annual fee set pursuant
929 to Section [
930 as required by Subsection [
931 (2) (a) A bond, letter of credit from a Utah depository, or certificate of deposit posted
932 with the division shall be used to cover the losses of any person arising from a violation of this
933 chapter by the posting credit services organization. A bond, letter of credit, or certificate of
934 deposit may also be used to satisfy administrative fines and civil damages arising from any
935 enforcement action against the posting credit service organization.
936 (b) A bond, letter of credit, or certificate of deposit shall remain in force:
937 (i) until replaced by a bond, letter of credit, or certificate of deposit of identical or
938 superior coverage; or
939 (ii) for one year after the credit servicing organization notifies the division in writing
940 that it has ceased all activities regulated by this chapter.
941 Section 17. Section 13-22-6 is amended to read:
942 13-22-6. Application for registration.
943 (1) An applicant for registration or renewal of registration as a charitable organization
944 shall:
945 (a) pay an application fee as determined under Section [
946 (b) submit an application on a form approved by the division which shall include:
947 (i) the organization's name, address, telephone number, facsimile number, if any, and
948 the names and addresses of any organizations or persons controlled by, controlling, or affiliated
949 with the applicant;
950 (ii) the specific legal nature of the organization, that is, whether it is an individual, joint
951 venture, partnership, limited liability company, corporation, association, or other entity;
952 (iii) the names and residence addresses of the officers and directors of the organization;
953 (iv) the name and address of the registered agent for service of process and a consent to
954 service of process;
955 (v) the purpose of the solicitation and use of the contributions to be solicited;
956 (vi) the method by which the solicitation will be conducted and the projected length of
957 time it is to be conducted;
958 (vii) the anticipated expenses of the solicitation, including all commissions, costs of
959 collection, salaries, and any other items;
960 (viii) a statement of what percentage of the contributions collected as a result of the
961 solicitation are projected to remain available for application to the charitable purposes declared
962 in the application, including a satisfactory statement of the factual basis for the projected
963 percentage;
964 (ix) a statement of total contributions collected or received by the organization within
965 the calendar year immediately preceding the date of the application, including a description of
966 the expenditures made from or the use made of the contributions;
967 (x) a copy of any written agreements with any professional fund raiser involved with
968 the solicitation;
969 (xi) disclosure of any injunction, judgment, or administrative order or conviction of
970 any crime involving moral turpitude with respect to any officer, director, manager, operator, or
971 principal of the organization;
972 (xii) a copy of all agreements to which the applicant is, or proposes to be, a party
973 regarding the use of proceeds for the solicitation or fundraising;
974 (xiii) a statement of whether or not the charity, or its parent foundation, will be using
975 the services of a professional fund raiser or of a professional fund raising counsel or consultant;
976 (xiv) if either the charity or its parent foundation will be using the services of a
977 professional fund raiser or a professional fund raising counsel or consultant:
978 (A) a copy of all agreements related to the services; and
979 (B) an acknowledgment that fund raising in the state will not commence until both the
980 charitable organization, its parent foundation, if any, and the professional fund raiser or
981 professional fund raising counsel or consultant are registered and in compliance with this
982 chapter; and
983 (xv) any additional information the division may require by rule.
984 (2) If any information contained in the application for registration becomes incorrect or
985 incomplete, the applicant or registrant shall, within 30 days after the information becomes
986 incorrect or incomplete, correct the application or file the complete information required by the
987 division.
988 (3) In addition to the registration fee, an organization failing to file a registration
989 application or renewal by the due date or filing an incomplete registration application or
990 renewal shall pay an additional fee of $25 for each month or part of a month after the date on
991 which the registration application or renewal were due to be filed.
992 (4) Notwithstanding Subsection (1), the registration fee for a certified local museum
993 under Section 9-6-603 is 65% of the registration fee established under Subsection (1).
994 Section 18. Section 13-22-8 is amended to read:
995 13-22-8. Exemptions.
996 (1) Section 13-22-5 does not apply to:
997 (a) a solicitation that an organization conducts among its own established and bona fide
998 membership exclusively through the voluntarily donated efforts of other members or officers of
999 the organization;
1000 (b) a bona fide religious, ecclesiastical, or denominational organization if:
1001 (i) the solicitation is made for a church, missionary, religious, or humanitarian purpose;
1002 and
1003 (ii) the organization is either:
1004 (A) a lawfully organized corporation, institution, society, church, or established
1005 physical place of worship, at which nonprofit religious services and activities are regularly
1006 conducted and carried on;
1007 (B) a bona fide religious group:
1008 (I) that does not maintain specific places of worship;
1009 (II) that is not subject to federal income tax; and
1010 (III) not required to file an IRS Form 990 under any circumstance; or
1011 (C) a separate group or corporation that is an integral part of an institution that is an
1012 income tax exempt organization under 26 U.S.C. Sec. 501(c)(3) and is not primarily supported
1013 by funds solicited outside its own membership or congregation;
1014 (c) a solicitation by a broadcast media owned or operated by an educational institution
1015 or governmental entity, or any entity organized solely for the support of that broadcast media;
1016 (d) except as provided in Subsection 13-22-21 (1), a solicitation for the relief of any
1017 person sustaining a life-threatening illness or injury specified by name at the time of
1018 solicitation if the entire amount collected without any deduction is turned over to the named
1019 person;
1020 (e) a political party authorized to transact its affairs within this state and any candidate
1021 and campaign worker of the party if the content and manner of any solicitation make clear that
1022 the solicitation is for the benefit of the political party or candidate;
1023 (f) a political action committee or group soliciting funds relating to issues or candidates
1024 on the ballot if the committee or group is required to file financial information with a federal or
1025 state election commission;
1026 (g) any school accredited by the state, any accredited institution of higher learning, or
1027 club or parent, teacher, or student organization within and authorized by the school in support
1028 of the operations or extracurricular activities of the school;
1029 (h) a public or higher education foundation established under Title 53A or 53B;
1030 (i) a television station, radio station, or newspaper of general circulation that donates
1031 air time or print space for no consideration as part of a cooperative solicitation effort on behalf
1032 of a charitable organization, whether or not that organization is required to register under this
1033 chapter;
1034 (j) a volunteer fire department, rescue squad, or local civil defense organization whose
1035 financial oversight is under the control of a local governmental entity;
1036 (k) any governmental unit of any state or the United States; and
1037 (l) any corporation:
1038 (i) established by an act of the United States Congress; and
1039 (ii) that is required by federal law to submit an annual report:
1040 (A) on the activities of the corporation, including an itemized report of all receipts and
1041 expenditures of the corporation; and
1042 (B) to the United States Secretary of Defense to be:
1043 (I) audited; and
1044 (II) submitted to the United States Congress.
1045 (2) Any organization claiming an exemption under this section bears the burden of
1046 proving its eligibility for, or the applicability of, the exemption claimed.
1047 (3) Each organization exempt from registration pursuant to this section that makes a
1048 material change in its legal status, officers, address, or similar changes shall file a report
1049 informing the division of its current legal status, business address, business phone, officers, and
1050 primary contact person within 30 days of the change.
1051 (4) The division may by rule:
1052 (a) require organizations exempt from registration pursuant to this section to file a
1053 notice of claim of exemption;
1054 (b) prescribe the contents of the notice of claim; and
1055 (c) require a filing fee for the notice, as determined under Section [
1056 63J-1-504 .
1057 Section 19. Section 13-22-9 is amended to read:
1058 13-22-9. Professional fund raiser's or fund raising counsel's or consultant's
1059 permit.
1060 (1) It is unlawful for any person or entity to act as a professional fund raiser or
1061 professional fund raising counsel or consultant, whether or not representing an organization
1062 exempt from registration under Section 13-22-8 , without first obtaining a permit from the
1063 division by complying with all of the following application requirements:
1064 (a) pay an application fee as determined under Section [
1065 (b) submit a written application, verified under oath, on a form approved by the
1066 division that includes:
1067 (i) the applicant's name, address, telephone number, facsimile number, if any;
1068 (ii) the name and address of any organization or person controlled by, controlling, or
1069 affiliated with the applicant;
1070 (iii) the applicant's business, occupation, or employment for the three-year period
1071 immediately preceding the date of the application;
1072 (iv) whether it is an individual, joint venture, partnership, limited liability company,
1073 corporation, association, or other entity;
1074 (v) the names and residence addresses of any officer or director of the applicant;
1075 (vi) the name and address of the registered agent for service of process and a consent to
1076 service of process;
1077 (vii) if a professional fund raiser:
1078 (A) the purpose of the solicitation and use of the contributions to be solicited;
1079 (B) the method by which the solicitation will be conducted and the projected length of
1080 time it is to be conducted;
1081 (C) the anticipated expenses of the solicitation, including all commissions, costs of
1082 collection, salaries, and any other items;
1083 (D) a statement of what percentage of the contributions collected as a result of the
1084 solicitation are projected to remain available to the charitable organization declared in the
1085 application, including a satisfactory statement of the factual basis for the projected percentage
1086 and projected anticipated revenues provided to the charitable organization, and if a flat fee is
1087 charged, documentation to support the reasonableness of the flat fee; and
1088 (E) a statement of total contributions collected or received by the professional fund
1089 raiser within the calendar year immediately preceding the date of the application, including a
1090 description of the expenditures made from or the use made of the contributions;
1091 (viii) if a professional fund raising counsel or consultant:
1092 (A) the purpose of the plan, management, advise, counsel or preparation of materials
1093 for, or respect to the solicitation and use of the contributions solicited;
1094 (B) the method by which the plan, management, advise, counsel, or preparation of
1095 materials for, or respect to the solicitation will be organized or coordinated and the projected
1096 length of time of the solicitation;
1097 (C) the anticipated expenses of the plan, management, advise, counsel, or preparation
1098 of materials for, or respect to the solicitation, including all commissions, costs of collection,
1099 salaries, and any other items;
1100 (D) a statement of total fees to be earned or received from the charitable organization
1101 declared in the application, and what percentage of the contributions collected as a result of the
1102 plan, management, advise, counsel, or preparation of materials for, or respect to the solicitation
1103 are projected after deducting the total fees to be earned or received remain available to the
1104 charitable organization declared in the application, including a satisfactory statement of the
1105 factual basis for the projected percentage and projected anticipated revenues provided to the
1106 charitable organization, and if a flat fee is charged, documentation to support the
1107 reasonableness of such flat fee; and
1108 (E) a statement of total net fees earned or received within the calendar year
1109 immediately preceding the date of the application, including a description of the expenditures
1110 made from or the use of the net earned or received fees in the planning, management, advising,
1111 counseling, or preparation of materials for, or respect to the solicitation and use of the
1112 contributions solicited for the charitable organization;
1113 (ix) disclosure of any injunction, judgment, or administrative order against the
1114 applicant or the applicant's conviction of any crime involving moral turpitude;
1115 (x) a copy of any written agreements with any charitable organization;
1116 (xi) the disclosure of any injunction, judgment, or administrative order or conviction of
1117 any crime involving moral turpitude with respect to any officer, director, manager, operator, or
1118 principal of the applicant;
1119 (xii) a copy of all agreements to which the applicant is, or proposes to be, a party
1120 regarding the use of proceeds;
1121 (xiii) an acknowledgment that fund raising in the state will not commence until both
1122 the professional fund raiser or professional fund raising counsel or consultant and the charity,
1123 its parent foundation, if any, are registered and in compliance with this chapter; and
1124 (xiv) any additional information the division may require by rule.
1125 (2) If any information contained in the application for a permit becomes incorrect or
1126 incomplete, the applicant or registrant shall, within 30 days after the information becomes
1127 incorrect or incomplete, correct the application or file the complete information required by the
1128 division.
1129 (3) In addition to the permit fee, an applicant failing to file a permit application or
1130 renewal by the due date or filing an incomplete permit application or renewal shall pay an
1131 additional fee of $25 for each month or part of a month after the date on which the permit
1132 application or renewal were due to be filed.
1133 Section 20. Section 13-23-5 is amended to read:
1134 13-23-5. Registration -- Bond, letter of credit, or certificate of deposit required --
1135 Penalties.
1136 (1) (a) (i) It is unlawful for any health spa facility to operate in this state unless the
1137 facility is registered with the division.
1138 (ii) Registration is effective for one year. If the health spa facility renews its
1139 registration, the registration shall be renewed at least 30 days prior to its expiration.
1140 (iii) The division shall provide by rule for the form, content, application process, and
1141 renewal process of the registration.
1142 (b) Each health spa registering in this state shall designate a registered agent for
1143 receiving service of process. The registered agent shall be reasonably available from 8 a.m.
1144 until 5 p.m. during normal working days.
1145 (c) The division shall charge and collect a fee for registration under guidelines
1146 provided in Section [
1147 (d) If an applicant fails to file a registration application or renewal by the due date, or
1148 files an incomplete registration application or renewal, the applicant shall pay a fee of $25 for
1149 each month or part of a month after the date on which the registration application or renewal
1150 were due to be filed, in addition to the registration fee described in Subsection (1)(c).
1151 (2) (a) Each health spa shall obtain and maintain:
1152 (i) a performance bond issued by a surety authorized to transact surety business in this
1153 state;
1154 (ii) an irrevocable letter of credit issued by a financial institution authorized to do
1155 business in this state; or
1156 (iii) a certificate of deposit.
1157 (b) The bond, letter of credit, or certificate of deposit shall be payable to the division
1158 for the benefit of any consumer who incurs damages as the result of:
1159 (i) the health spa's violation of this chapter; or
1160 (ii) the health spa's going out of business or relocating and failing to offer an alternate
1161 location within five miles.
1162 (c) (i) The division may recover from the bond, letter of credit, or certificate of deposit
1163 the costs of collecting and distributing funds under this section, up to 10% of the face value of
1164 the bond, letter of credit, or certificate of deposit but only if the consumers have fully recovered
1165 their damages first.
1166 (ii) The total liability of the issuer of the bond, letter of credit, or certificate of deposit
1167 may not exceed the amount of the bond, letter of credit, or certificate of deposit.
1168 (iii) The health spa shall maintain a bond, letter of credit, or certificate of deposit in
1169 force for one year after it notifies the division in writing that it has ceased all activities
1170 regulated by this chapter.
1171 (d) A health spa providing services at more than one location shall comply with the
1172 requirements of Subsection (2)(a) for each separate location.
1173 (e) The division may impose a fine against a health spa that fails to comply with the
1174 requirements of Subsection (2)(a) of up to $100 per day that the health spa remains out of
1175 compliance. All penalties received shall be deposited into the Consumer Protection Education
1176 and Training Fund created in Section 13-2-8 .
1177 (3) (a) The minimum principal amount of the bond, letter of credit, or certificate of
1178 credit required under Subsection (2) shall be based on the number of unexpired contracts for
1179 health spa services to which the health spa is a party, in accordance with the following
1180 schedule:
1181 Principal Amount of Number of Contracts
1182 Bond, Letter of Credit,
1183 or Certificate of Deposit
1184 $15,000 500 or fewer
1185 35,000 501 to 1,500
1186 50,000 1,500 to 3,000
1187 75,000 3,001 or more
1188 (b) A health spa that is not exempt under Section 13-23-6 shall comply with
1189 Subsection (3)(a) with respect to all of the health spa's unexpired contracts for health spa
1190 services, regardless of whether a portion of those contracts satisfy the criteria in Section
1191 13-23-6 .
1192 (4) Each health spa shall obtain the bond, letter of credit, or certificate of deposit and
1193 furnish a certified copy of the bond, letter of credit, or certificate of deposit to the division prior
1194 to selling, offering or attempting to sell, soliciting the sale of, or becoming a party to any
1195 contract to provide health spa services. A health spa is considered to be in compliance with
1196 this section only if the proof provided to the division shows that the bond, letter of credit, or
1197 certificate of credit is current.
1198 (5) Each health spa shall:
1199 (a) maintain accurate records of the bond, letter of credit, or certificate of credit and of
1200 any payments made, due, or to become due to the issuer; and
1201 (b) open the records to inspection by the division at any time during normal business
1202 hours.
1203 (6) If a health spa changes ownership, ceases operation, discontinues facilities, or
1204 relocates and fails to offer an alternate location within five miles within 30 days after its
1205 closing, the health spa is subject to the requirements of this section as if it were a new health
1206 spa coming into being at the time the health spa changed ownership. The former owner may
1207 not release, cancel, or terminate the owner's liability under any bond, letter of credit, or
1208 certificate of deposit previously filed with the division, unless:
1209 (a) the new owner has filed a new bond, letter of credit, or certificate of deposit for the
1210 benefit of consumers covered under the previous owner's bond, letter of credit, or certificate of
1211 deposit; or
1212 (b) the former owner has refunded all unearned payments to consumers.
1213 (7) If a health spa ceases operation or relocates and fails to offer an alternative location
1214 within five miles, the health spa shall provide the division with 45 days prior notice.
1215 Section 21. Section 13-26-3 is amended to read:
1216 13-26-3. Registration and bond required.
1217 (1) (a) Unless exempt under Section 13-26-4 , each telephone soliciting business shall
1218 register annually with the division before engaging in telephone solicitations if:
1219 (i) the telephone soliciting business engages in telephone solicitations that:
1220 (A) originate in Utah; or
1221 (B) are received in Utah; or
1222 (ii) the telephone soliciting business conducts any business operations in Utah.
1223 (b) The registration form shall designate an agent residing in this state who is
1224 authorized by the telephone soliciting business to receive service of process in any action
1225 brought by this state or a resident of this state.
1226 (c) If a telephone soliciting business fails to designate an agent to receive service or
1227 fails to appoint a successor to the agent:
1228 (i) the business' application for an initial or renewal registration shall be denied; and
1229 (ii) any current registration shall be suspended until an agent is designated.
1230 (2) The division may impose an annual registration fee set pursuant to Section
1231 [
1232 (3) (a) Each telephone soliciting business engaging in telephone solicitation or sales in
1233 this state shall obtain and maintain the following security:
1234 (i) a performance bond issued by a surety authorized to transact surety business in this
1235 state;
1236 (ii) an irrevocable letter of credit issued by a financial institution authorized to do
1237 business in this state; or
1238 (iii) a certificate of deposit held in this state in a depository institution regulated by the
1239 Department of Financial Institutions.
1240 (b) The bond, letter of credit, or certificate of deposit shall be payable to the division
1241 for the benefit of any consumer who incurs damages as the result of any telephone solicitation
1242 or sales violation of this chapter.
1243 (c) The division may recover from the bond, letter of credit, or certificate of deposit
1244 investigative costs, [
1245 funds under this section and the costs of promoting consumer education, but only if the
1246 consumer has first recovered full damages.
1247 (d) A telephone soliciting business shall keep a bond, certificate of deposit, or letter of
1248 credit in force for one year after it notifies the division in writing that it has ceased all activities
1249 regulated by this chapter.
1250 (e) The amount to be posted in the form of a bond, irrevocable letter of credit, or
1251 certificate of deposit shall be:
1252 (i) $25,000 if:
1253 (A) neither the telephone soliciting business nor any affiliated person has violated this
1254 chapter within three years preceding the date of the application; and
1255 (B) the telephone soliciting business has fewer than ten employees;
1256 (ii) $50,000 if:
1257 (A) neither the telephone soliciting business nor any affiliated person has violated this
1258 chapter within three years preceding the date of the application; and
1259 (B) the telephone soliciting business has ten or more employees; or
1260 (iii) $75,000 if the telephone soliciting business or any affiliated person has violated
1261 this chapter within three years preceding the date of the application.
1262 (f) For purposes of Subsection (3)(e) an "affiliated person" means a contractor,
1263 director, employee, officer, owner, or partner of the telephone soliciting business.
1264 (4) The division may establish by rule the registration requirements for telephone
1265 soliciting businesses under the terms of Title 63G, Chapter 3, Utah Administrative Rulemaking
1266 Act. An administrative proceeding conducted by the division under this chapter shall comply
1267 with the requirements of Title 63G, Chapter 4, Administrative Procedures Act.
1268 (5) The division director may revoke a registration under this section for any violation
1269 of this chapter.
1270 Section 22. Section 13-32a-111 is amended to read:
1271 13-32a-111. Fees to fund training and central database.
1272 (1) On and after January 1, 2005, each pawnshop or secondhand merchandise dealer in
1273 operation shall annually pay $250 to the division, to be deposited in the account.
1274 (2) On and after January 1, 2005, each law enforcement agency that participates in the
1275 use of the database shall annually pay to the division a fee of $2 per sworn law enforcement
1276 officer who is employed by the agency as of January 1 of that year. The fee shall be deposited
1277 in the account.
1278 (3) The fees under Subsections (1) and (2) shall be paid to the account annually on or
1279 before January 30.
1280 (4) (a) If a law enforcement agency outside Utah requests access to the central
1281 database, the requesting agency shall pay a yearly fee of $750 for the fiscal year beginning July
1282 1, 2006, which shall be deposited in the account.
1283 (b) The board may establish the fee amount for fiscal years beginning on and after July
1284 1, 2007 under Section [
1285 Section 23. Section 13-34-107 is amended to read:
1286 13-34-107. Advertising, recruiting, or operating a proprietary school -- Required
1287 registration statement or exemption -- Certificate of registration -- Registration does not
1288 constitute endorsement.
1289 (1) (a) Unless an institution complies with Subsection (1)(b), the institution may not do
1290 any of the following in this state:
1291 (i) advertise a proprietary school;
1292 (ii) recruit students for a proprietary school; or
1293 (iii) operate a proprietary school.
1294 (b) An institution may not engage in an activity described in Subsection (1)(a) unless
1295 the institution:
1296 (i) (A) files with the division a registration statement relating to the proprietary school
1297 that is in compliance with:
1298 (I) applicable rules made by the division; and
1299 (II) the requirements set forth in this chapter; and
1300 (B) obtains a certificate of registration; or
1301 (ii) establishes an exemption with the division.
1302 (2) (a) The registration statement or exemption described in Subsection (1) shall be:
1303 (i) verified by the oath or affirmation of the owner or a responsible officer of the
1304 proprietary school filing the registration statement or exemption; and
1305 (ii) include a certification as to whether any of the following has violated laws, federal
1306 regulations, or state rules as determined in a criminal, civil, or administrative proceeding:
1307 (A) the proprietary school; or
1308 (B) any of the following with respect to the proprietary school:
1309 (I) an owner;
1310 (II) an officer;
1311 (III) a director;
1312 (IV) an administrator;
1313 (V) a faculty member;
1314 (VI) a staff member; or
1315 (VII) an agent.
1316 (b) The proprietary school shall:
1317 (i) make available, upon request, a copy of the registration statement, showing the date
1318 upon which it was filed; and
1319 (ii) display the certificate of registration obtained from the division in a conspicuous
1320 place on the proprietary school's premises.
1321 (3) (a) A registration statement and the accompanying certificate of registration are not
1322 transferable.
1323 (b) In the event of a change in ownership or in the governing body of the proprietary
1324 school, the new owner or governing body, within 30 days after the change, shall file a new
1325 registration statement.
1326 (4) Except as provided in Subsection (3)(b), a registration statement or a renewal
1327 statement and the accompanying certificate of registration are effective for a period of two
1328 years after the date of filing and issuance.
1329 (5) (a) The division shall establish a graduated fee structure for the filing of registration
1330 statements by various classifications of institutions pursuant to Section [
1331 (b) Fees are not refundable.
1332 (c) Fees shall be deposited in the Commerce Service Fund pursuant to Section 13-1-2 .
1333 (6) (a) Each proprietary school shall:
1334 (i) demonstrate fiscal responsibility at the time the proprietary school files its
1335 registration statement as prescribed by rules of the division; and
1336 (ii) provide evidence to the division that the proprietary school:
1337 (A) is financially sound; and
1338 (B) can reasonably fulfill commitments to and obligations the proprietary school has
1339 incurred with students and creditors.
1340 (b) A proprietary school applying for an initial certificate of registration to operate
1341 shall prepare and submit financial statements and supporting documentation as requested by
1342 the division.
1343 (c) A proprietary school applying for renewal of a certificate of registration to operate
1344 or renewal under new ownership must provide audited financial statements.
1345 (d) The division may require evidence of financial status at other times when it is in the
1346 best interest of students to require such information.
1347 (7) (a) A proprietary school applying for an initial certificate of registration or seeking
1348 renewal shall provide in a form approved by the division:
1349 (i) a surety bond;
1350 (ii) a certificate of deposit; or
1351 (iii) an irrevocable letter of credit.
1352 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1353 division may make rules providing for:
1354 (i) the amount of the bond, certificate, or letter of credit required under Subsection
1355 (7)(a), not to exceed in amount the anticipated tuition and fees to be received by the proprietary
1356 school during a school year;
1357 (ii) the execution of the bond, certificate, or letter of credit;
1358 (iii) cancellation of the bond, certificate, or letter of credit during or at the end of the
1359 registration term; and
1360 (iv) any other matters related to providing the bond, certificate, or letter of credit
1361 required under Subsection (7)(a).
1362 (c) The bond, certificate, or letter of credit shall be used as a protection against loss of
1363 advanced tuition, book fees, supply fees, or equipment fees:
1364 (i) collected by the proprietary school from a student or a student's parent, guardian, or
1365 sponsor prior to the completion of the program or courses for which it was collected; or
1366 (ii) for which the student is liable.
1367 (8) (a) Except as provided in Section 13-34-113 , the division may not refuse
1368 acceptance of a registration statement that is:
1369 (i) tendered for filing and, based on a preliminary review, appears to be in compliance
1370 with Subsections (1), (2), and (6); and
1371 (ii) accompanied by:
1372 (A) the required fee; and
1373 (B) one of the following required by Subsection (7):
1374 (I) surety bond;
1375 (II) certificate of deposit; or
1376 (III) irrevocable letter of credit.
1377 (b) A certificate of registration is effective upon the date of issuance.
1378 (c) The responsibility of compliance is upon the proprietary school and not upon the
1379 division.
1380 (d) (i) If it appears to the division that a registration statement on file may not be in
1381 compliance with this chapter, the division may advise the proprietary school as to the apparent
1382 deficiencies.
1383 (ii) After a proprietary school has been notified of a deficiency under Subsection
1384 (8)(d)(i), a new or amended statement may be presented for filing by the proprietary school,
1385 accompanied by:
1386 (A) the required fee; and
1387 (B) one of the following required by Subsection (7):
1388 (I) surety bond;
1389 (II) certificate of deposit; or
1390 (III) irrevocable letter of credit.
1391 (9) The following does not constitute and may not be represented by any person to
1392 constitute, an endorsement or approval of the proprietary school by either the division or the
1393 state:
1394 (a) an acceptance of:
1395 (i) a registration statement;
1396 (ii) a renewal statement; or
1397 (iii) an amended registration statement; and
1398 (b) issuance of a certificate of registration.
1399 Section 24. Section 13-35-105 is amended to read:
1400 13-35-105. Registration -- Fees.
1401 (1) A franchisee or franchisor doing business in this state shall:
1402 (a) annually register or renew its registration with the department in a manner
1403 established by the department; and
1404 (b) pay an annual registration fee in an amount determined by the department in
1405 accordance with Sections 13-1-2 and [
1406 (2) The department shall register or renew the registration of a franchisee or franchisor
1407 if the franchisee or franchisor complies with this chapter and rules made by the department
1408 under this chapter.
1409 (3) A franchisee or franchisor registered under this section shall comply with this
1410 chapter and any rules made by the department under this chapter including any amendments to
1411 this chapter or the rules made after a franchisee or franchisor enter into a franchise agreement.
1412 (4) The fee imposed under Subsection (1)(b) shall be collected by the department and
1413 deposited into the Commerce Service Fund.
1414 (5) Notwithstanding Subsection (1), an agent, officer, or field or area representative of
1415 a franchisor does not need to be registered under this section if the franchisor is registered
1416 under this section.
1417 Section 25. Section 13-39-201 is amended to read:
1418 13-39-201. Establishment of child protection registry.
1419 (1) The division shall:
1420 (a) establish and operate a child protection registry to compile and secure a list of
1421 contact points the division has received pursuant to this section; or
1422 (b) contract with a third party to establish and secure the registry described in
1423 Subsection (1)(a).
1424 (2) (a) The division shall implement the registry described in this section with respect
1425 to email addresses beginning on July 1, 2005.
1426 (b) The division shall implement the registry described in this section with respect to
1427 instant message identities.
1428 (c) The division shall implement the registry described in this section with respect to
1429 mobile or other telephone numbers.
1430 (3) (a) A person may register a contact point with the division pursuant to rules
1431 established by the division under Subsection 13-39-203 (1) if:
1432 (i) the contact point belongs to a minor;
1433 (ii) a minor has access to the contact point; or
1434 (iii) the contact point is used in a household in which a minor is present.
1435 (b) A school or other institution that primarily serves minors may register its domain
1436 name with the division pursuant to rules made by the division under Subsection 13-39-203 (1).
1437 (c) The division shall provide a disclosure in a confirmation message sent to a person
1438 who registers a contact point under this section that reads: "No solution is completely secure.
1439 The most effective way to protect children on the Internet is to supervise use and review all
1440 email messages and other correspondence. Under law, theft of a contact point from the Child
1441 Protection Registry is a second degree felony. While every attempt will be made to secure the
1442 Child Protection Registry, registrants and their guardians should be aware that their contact
1443 points may be at a greater risk of being misappropriated by marketers who choose to disobey
1444 the law."
1445 (4) A person desiring to send a communication described in Subsection 13-39-202 (1)
1446 to a contact point or domain shall:
1447 (a) use a mechanism established by rule made by the division under Subsection
1448 13-39-203 (2); and
1449 (b) pay a fee for use of the mechanism described in Subsection (4)(a) determined by
1450 the division in accordance with Section [
1451 (5) The division may implement a program to offer discounted compliance fees to
1452 senders who meet enhanced security conditions established and verified by the division, the
1453 third party registry provider, or a designee.
1454 (6) The contents of the registry, and any complaint filed about a sender who violates
1455 this chapter, are not subject to public disclosure under Title 63G, Chapter 2, Government
1456 Records Access and Management Act.
1457 (7) The state shall promote the registry on the state's official Internet website.
1458 Section 26. Section 13-42-105 is amended to read:
1459 13-42-105. Application for registration -- Form, fee, and accompanying
1460 documents.
1461 (1) An application for registration as a provider must be in a form prescribed by the
1462 administrator.
1463 (2) Subject to adjustment of dollar amounts pursuant to Subsection 13-42-132 (6), an
1464 application for registration as a provider must be accompanied by:
1465 (a) the fee established by the administrator in accordance with Section [
1466 63J-1-504 ;
1467 (b) the bond required by Section 13-42-113 ;
1468 (c) identification of all trust accounts required by Section 13-42-122 and an irrevocable
1469 consent authorizing the administrator to review and examine the trust accounts;
1470 (d) evidence of insurance in the amount of $250,000:
1471 (i) against the risks of dishonesty, fraud, theft, and other misconduct on the part of the
1472 applicant or a director, employee, or agent of the applicant;
1473 (ii) issued by an insurance company authorized to do business in this state and rated at
1474 least A by a nationally recognized rating organization;
1475 (iii) with no deductible;
1476 (iv) payable to the applicant, the individuals who have agreements with the applicant,
1477 and this state, as their interests may appear; and
1478 (v) not subject to cancellation by the applicant without the approval of the
1479 administrator;
1480 (e) a record consenting to the jurisdiction of this state containing:
1481 (i) the name, business address, and other contact information of its registered agent in
1482 this state for purposes of service of process; or
1483 (ii) the appointment of the administrator as agent of the provider for purposes of
1484 service of process; and
1485 (f) if the applicant is organized as a not-for-profit entity or is exempt from taxation,
1486 evidence of not-for-profit and tax-exempt status applicable to the applicant under the Internal
1487 Revenue Code, 26 U.S.C. Section 501.
1488 Section 27. Section 13-42-109 is amended to read:
1489 13-42-109. Certification of registration -- Issuance or denial.
1490 (1) Except as otherwise provided in Subsections (2) and (3), the administrator shall
1491 issue a certificate of registration as a provider to a person that complies with Sections
1492 13-42-105 and 13-42-106 .
1493 (2) The administrator may deny registration if:
1494 (a) the application contains information that is materially erroneous or incomplete;
1495 (b) an officer, director, or owner of the applicant has been convicted of a crime, or
1496 suffered a civil judgment, involving dishonesty or the violation of state or federal securities
1497 laws;
1498 (c) the applicant or any of its officers, directors, or owners has defaulted in the payment
1499 of money collected for others; or
1500 (d) the administrator finds that the financial responsibility, experience, character, or
1501 general fitness of the applicant or its owners, directors, employees, or agents does not warrant
1502 belief that the business will be operated in compliance with this chapter.
1503 (3) The administrator shall deny registration if:
1504 (a) the application is not accompanied by the fee established by the administrator in
1505 accordance with Section [
1506 (b) with respect to an applicant that is organized as a not-for-profit entity or has
1507 obtained tax-exempt status under the Internal Revenue Code, 26 U.S.C. Section 501, the
1508 applicant's board of directors is not independent of the applicant's employees and agents.
1509 (4) Subject to adjustment of the dollar amount pursuant to Subsection 13-42-132 (6), a
1510 board of directors is not independent for purposes of Subsection (3) if more than one-fourth of
1511 its members:
1512 (a) are affiliates of the applicant, as defined in Subsection 13-42-102 (2)(a) or
1513 13-42-102 (2)(b)(i), (ii), (iv), (v), (vi), or (vii); or
1514 (b) after the date ten years before first becoming a director of the applicant, were
1515 employed by or directors of a person that received from the applicant more than $25,000 in
1516 either the current year or the preceding year.
1517 Section 28. Section 13-42-111 is amended to read:
1518 13-42-111. Renewal of registration.
1519 (1) A provider must obtain a renewal of its registration annually.
1520 (2) An application for renewal of registration as a provider must be in a form
1521 prescribed by the administrator, signed under penalty of perjury, and:
1522 (a) be filed no fewer than 30 and no more than 60 days before the registration expires;
1523 (b) be accompanied by the fee established by the administrator in accordance with
1524 Section [
1525 (c) contain the matter required for initial registration as a provider by Subsections
1526 13-42-106 (8) and (9) and a financial statement, audited by an accountant licensed to conduct
1527 audits, for the applicant's fiscal year immediately preceding the application;
1528 (d) disclose any changes in the information contained in the applicant's application for
1529 registration or its immediately previous application for renewal, as applicable;
1530 (e) supply evidence of insurance in an amount equal to the larger of $250,000 or the
1531 highest daily balance in the trust account required by Section 13-42-122 during the six-month
1532 period immediately preceding the application:
1533 (i) against risks of dishonesty, fraud, theft, and other misconduct on the part of the
1534 applicant or a director, employee, or agent of the applicant;
1535 (ii) issued by an insurance company authorized to do business in this state and rated at
1536 least A by a nationally recognized rating organization;
1537 (iii) with no deductible;
1538 (iv) payable to the applicant, the individuals who have agreements with the applicant,
1539 and this state, as their interests may appear; and
1540 (v) not subject to cancellation by the applicant without the approval of the
1541 administrator;
1542 (f) disclose the total amount of money received by the applicant pursuant to plans
1543 during the preceding 12 months from or on behalf of individuals who reside in this state and
1544 the total amount of money distributed to creditors of those individuals during that period;
1545 (g) disclose, to the best of the applicant's knowledge, the gross amount of money
1546 accumulated during the preceding 12 months pursuant to plans by or on behalf of individuals
1547 who reside in this state and with whom the applicant has agreements; and
1548 (h) provide any other information that the administrator reasonably requires to perform
1549 the administrator's duties under this section.
1550 (3) Except for the information required by Subsections 13-42-106 (7), (14), and (17)
1551 and the addresses required by Subsection 13-42-106 (4), the administrator shall make the
1552 information in an application for renewal of registration as a provider available to the public.
1553 (4) If a registered provider files a timely and complete application for renewal of
1554 registration, the registration remains effective until the administrator, in a record, notifies the
1555 applicant of a denial and states the reasons for the denial.
1556 (5) If the administrator denies an application for renewal of registration as a provider,
1557 the applicant, within 30 days after receiving notice of the denial, may appeal and request a
1558 hearing pursuant to Title 63G, Chapter 4, Administrative Procedures Act. Subject to Section
1559 13-42-134 , while the appeal is pending the applicant shall continue to provide
1560 debt-management services to individuals with whom it has agreements. If the denial is
1561 affirmed, subject to the administrator's order and Section 13-42-134 , the applicant shall
1562 continue to provide debt-management services to individuals with whom it has agreements
1563 until, with the approval of the administrator, it transfers the agreements to another registered
1564 provider or returns to the individuals all unexpended money that is under the applicant's
1565 control.
1566 Section 29. Section 13-42-132 is amended to read:
1567 13-42-132. Powers of administrator.
1568 (1) The administrator may act on its own initiative or in response to complaints and
1569 may receive complaints, take action to obtain voluntary compliance with this chapter, refer
1570 cases to the attorney general, and seek or provide remedies as provided in this chapter.
1571 (2) The administrator may investigate and examine, in this state or elsewhere, by
1572 subpoena or otherwise, the activities, books, accounts, and records of a person that provides or
1573 offers to provide debt-management services, or a person to which a provider has delegated its
1574 obligations under an agreement or this chapter, to determine compliance with this chapter.
1575 Information that identifies individuals who have agreements with the provider shall not be
1576 disclosed to the public. In connection with the investigation, the administrator may:
1577 (a) charge the person the reasonable expenses necessarily incurred to conduct the
1578 examination;
1579 (b) require or permit a person to file a statement under oath as to all the facts and
1580 circumstances of a matter to be investigated; and
1581 (c) seek a court order authorizing seizure from a bank at which the person maintains a
1582 trust account required by Section 13-42-122 , any or all money, books, records, accounts, and
1583 other property of the provider that is in the control of the bank and relates to individuals who
1584 reside in this state.
1585 (3) The administrator may adopt rules to implement the provisions of this chapter in
1586 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1587 (4) The administrator may enter into cooperative arrangements with any other federal
1588 or state agency having authority over providers and may exchange with any of those agencies
1589 information about a provider, including information obtained during an examination of the
1590 provider.
1591 (5) The administrator shall establish fees in accordance with Section [
1592 63J-1-504 to be paid by providers for the expense of administering this chapter.
1593 (6) The administrator, by rule, shall adopt dollar amounts instead of those specified in
1594 Sections 13-42-102 , 13-42-105 , 13-42-109 , 13-42-113 , 13-42-123 , 13-42-133 , and 13-42-135
1595 to reflect inflation, as measured by the United States Bureau of Labor Statistics Consumer
1596 Price Index for All Urban Consumers or, if that index is not available, another index adopted
1597 by rule by the administrator. The administrator shall adopt a base year and adjust the dollar
1598 amounts, effective on July 1 of each year, if the change in the index from the base year, as of
1599 December 31 of the preceding year, is at least 10%. The dollar amount must be rounded to the
1600 nearest $100, except that the amounts in Section 13-42-123 must be rounded to the nearest
1601 dollar.
1602 (7) The administrator shall notify registered providers of any change in dollar amounts
1603 made pursuant to Subsection (6) and make that information available to the public.
1604 Section 30. Section 15-9-109 is amended to read:
1605 15-9-109. Registration and renewal fees.
1606 (1) An application for registration or renewal of registration must be accompanied by a
1607 fee in an amount determined by the division in accordance with Section [
1608 (2) The division shall establish fees for:
1609 (a) an initial application for registration;
1610 (b) an application for registration based upon a certificate of registration or licensure
1611 issued by another state;
1612 (c) an application for renewal of registration; and
1613 (d) an application for renewal of registration based upon an application for renewal of
1614 registration or licensure submitted in another state.
1615 Section 31. Section 16-6a-107 is amended to read:
1616 16-6a-107. Fees.
1617 (1) Unless otherwise provided by statute, the division shall charge and collect a fee for
1618 services established by the division in accordance with Section [
1619 including fees:
1620 (a) for furnishing a certified copy of any document, instrument, or paper relating to a
1621 domestic or foreign nonprofit corporation; and
1622 (b) for the certificate and affixing the seal to a certified copy described in Subsection
1623 (1)(a).
1624 (2) (a) The division shall provide expedited, 24-hour processing of any item under this
1625 section upon request.
1626 (b) The division shall charge and collect additional fees established by the division in
1627 accordance with Section [
1628 Subsection (2)(a).
1629 (3) (a) The division shall charge and collect a fee determined by the division in
1630 accordance with Section [
1631 director of the division as resident agent of a domestic or foreign nonprofit corporation.
1632 (b) The fee paid under Subsection (3)(a) may be recovered as taxable costs by the party
1633 to the suit or action causing the service to be made if the party prevails in the suit or action.
1634 Section 32. Section 16-7-11 is amended to read:
1635 16-7-11. Fees for filing documents and issuing certificates.
1636 The division shall charge and collect a fee determined by it pursuant to Section
1637 [
1638 (1) filing articles of incorporation of a corporation sole and issuing a certificate of
1639 incorporation;
1640 (2) filing articles of amendment and issuing a certificate of amendment;
1641 (3) issuing each additional certificate of incorporation or amendment;
1642 (4) filing a certificate of authorized agent and issuing the agent's certificate;
1643 (5) filing a revocation of authority;
1644 (6) furnishing a certified copy of any document, instrument, or paper relating to a
1645 corporation sole and affixing its seal;
1646 (7) issuing a certificate of dissolution; and
1647 (8) issuing a certificate of merger or consolidation.
1648 Section 33. Section 16-10a-122 is amended to read:
1649 16-10a-122. Fees.
1650 Unless otherwise provided by statute, the division shall charge and collect fees for
1651 services as provided in Section [
1652 Section 34. Section 16-12-3 is amended to read:
1653 16-12-3. Declaration of trust -- Filing fee.
1654 An original and one copy of the declaration of trust of a real estate investment trust
1655 shall be delivered to the Division of Corporations and Commercial Code, and the division shall
1656 endorse on the original and one copy the word "filed." The Division of Corporations and
1657 Commercial Code shall file the original in the division's office, and shall return the copy to the
1658 trustees or their representatives. The Division of Corporations and Commercial Code may
1659 charge a fee pursuant to Section [
1660 Section 35. Section 16-13-12 is amended to read:
1661 16-13-12. Licensing, supervision, and examination by commissioner of financial
1662 institutions -- Fees.
1663 A development corporation shall be licensed, supervised, and examined by the
1664 commissioner of financial institutions and shall make such report of its condition from time to
1665 time as the commissioner shall require. A development corporation shall pay a fee determined
1666 by the commissioner pursuant to Section [
1667 examination.
1668 Section 36. Section 16-15-105 is amended to read:
1669 16-15-105. Filing of certificate -- Fees.
1670 (1) A business trust is registered when two copies of the certificate of registration are
1671 filed with the division. The documents to be filed shall be true copies made by photographic,
1672 xerographic, electronic, or other process that provides similar copy accuracy of a document that
1673 has been properly executed.
1674 (2) The division shall endorse the original and one copy of a certificate of registration
1675 and:
1676 (a) file the original in the division office; and
1677 (b) return the copy to the trustee or the trustee's representative.
1678 (3) The division may charge a fee in accordance with Section [
1679 for the filing.
1680 Section 37. Section 16-15-107 is amended to read:
1681 16-15-107. Expiration of filing -- Notice.
1682 (1) A filing under this chapter shall be effective for a period of three years from the
1683 date of filing plus the notice period provided in Subsection (2).
1684 (2) (a) If no new filing is made by or on behalf of the trust who made the original filing
1685 within three years of the date of filing, the division shall send a notice by regular mail, postage
1686 prepaid, to the address shown for the registered office in the filing indicating that it will expire
1687 30 days after the division mailed the notice.
1688 (b) If no new filing is made within 30 days after the date of the division mailing the
1689 notice, the business trust's registration expires.
1690 (3) If the registration of a business trust has expired or has been canceled for failure to
1691 maintain a registered agent, the business trust may not conduct business in this state until it has
1692 newly registered with the division under this chapter.
1693 (4) The division may charge a fee in accordance with Section [
1694 for the renewal of a registration.
1695 Section 38. Section 16-15-108 is amended to read:
1696 16-15-108. When amendments are required.
1697 (1) An amended certificate shall be filed with the division not later than 30 days after
1698 any change in:
1699 (a) any person acting as a trustee of the trust, or the address of any trustee;
1700 (b) the registered agent of the trust;
1701 (c) the registered office of the business trust; or
1702 (d) in any information required to be filed with the division under this chapter.
1703 (2) The amended certificate shall be signed by each trustee of the business trust and
1704 filed in the same manner as a certificate of registration under Section 16-15-105 .
1705 (3) The division may charge a fee in accordance with Section [
1706 for amending a certificate of registration.
1707 Section 39. Section 16-16-208 is amended to read:
1708 16-16-208. Filing fees.
1709 The filing fee for records filed under this part by the division shall be established by the
1710 division in accordance with Section [
1711 Section 40. Section 16-17-201 is amended to read:
1712 16-17-201. Fees.
1713 Unless otherwise provided by statute, the division shall charge and collect fees for
1714 services as provided in Section [
1715 Section 41. Section 19-1-201 is amended to read:
1716 19-1-201. Powers of department.
1717 (1) The department shall:
1718 (a) enter into cooperative agreements with the Department of Health to delineate
1719 specific responsibilities to assure that assessment and management of risk to human health
1720 from the environment are properly administered;
1721 (b) consult with the Department of Health and enter into cooperative agreements, as
1722 needed, to ensure efficient use of resources and effective response to potential health and safety
1723 threats from the environment, and to prevent gaps in protection from potential risks from the
1724 environment to specific individuals or population groups; and
1725 (c) coordinate implementation of environmental programs to maximize efficient use of
1726 resources by developing, with local health departments, a Comprehensive Environmental
1727 Service Delivery Plan that:
1728 (i) recognizes that the department and local health departments are the foundation for
1729 providing environmental health programs in the state;
1730 (ii) delineates the responsibilities of the department and each local health department
1731 for the efficient delivery of environmental programs using federal, state, and local authorities,
1732 responsibilities, and resources;
1733 (iii) provides for the delegation of authority and pass through of funding to local health
1734 departments for environmental programs, to the extent allowed by applicable law, identified in
1735 the plan, and requested by the local health department; and
1736 (iv) is reviewed and updated annually.
1737 (2) The department may:
1738 (a) investigate matters affecting the environment;
1739 (b) investigate and control matters affecting the public health when caused by
1740 environmental hazards;
1741 (c) prepare, publish, and disseminate information to inform the public concerning
1742 issues involving environmental quality;
1743 (d) establish and operate programs, as authorized by this title, necessary for protection
1744 of the environment and public health from environmental hazards;
1745 (e) use local health departments in the delivery of environmental health programs to
1746 the extent provided by law;
1747 (f) enter into contracts with local health departments or others to meet responsibilities
1748 established under this title;
1749 (g) acquire real and personal property by purchase, gift, devise, and other lawful
1750 means;
1751 (h) prepare and submit to the governor a proposed budget to be included in the budget
1752 submitted by the governor to the Legislature;
1753 (i) (i) establish a schedule of fees that may be assessed for actions and services of the
1754 department according to the procedures and requirements of Section [
1755 and
1756 (ii) in accordance with Section [
1757 and reflect the cost of services provided;
1758 (j) prescribe by rule reasonable requirements not inconsistent with law relating to
1759 environmental quality for local health departments;
1760 (k) perform the administrative functions of the boards established by Section 19-1-106 ,
1761 including the acceptance and administration of grants from the federal government and from
1762 other sources, public or private, to carry out the board's functions; and
1763 (l) upon the request of any board or the executive secretary, provide professional,
1764 technical, and clerical staff and field and laboratory services, the extent of which are limited by
1765 the funds available to the department for the staff and services.
1766 Section 42. Section 19-1-403 is amended to read:
1767 19-1-403. Clean Fuels and Vehicle Technology Fund -- Contents -- Loans or
1768 grants made with fund monies.
1769 (1) (a) There is created a revolving fund known as the Clean Fuels and Vehicle
1770 Technology Fund.
1771 (b) The fund consists of:
1772 (i) appropriations to the fund;
1773 (ii) other public and private contributions made under Subsection (1)(d);
1774 (iii) interest earnings on cash balances; and
1775 (iv) all monies collected for loan repayments and interest on loans.
1776 (c) All money appropriated to the fund is nonlapsing.
1777 (d) The department may accept contributions from other public and private sources for
1778 deposit into the fund.
1779 (2) (a) Except as provided in Subsection (3), the department may make a loan or a
1780 grant with monies available in the fund for:
1781 (i) the conversion of a private sector business vehicle or a government vehicle to use a
1782 clean fuel, if certified by the Air Quality Board under Subsection 19-1-405 (1)(a);
1783 (ii) the purchase of:
1784 (A) an OEM vehicle for use as a private sector business vehicle or government vehicle;
1785 or
1786 (B) a vehicle, certified by the Air Quality Board under Subsection 19-1-405 (1)(d), for
1787 use as a private sector business vehicle or government vehicle;
1788 (iii) the retrofit, certified by the Air Quality Board under Subsection 19-1-405 (1)(d), of
1789 a private sector business vehicle or government vehicle;
1790 (iv) a fuel system, certified by the Air Quality Board under Subsection 19-1-405 (1)(d),
1791 for a private sector business vehicle or government vehicle; or
1792 (v) a state match of a federal or nonfederal grant for any item under this Subsection
1793 (2)(a).
1794 (b) The amount of a loan for any vehicle under Subsection (2)(a)(i) or (2)(a)(ii)(A) may
1795 not exceed:
1796 (i) the actual cost of the vehicle conversion;
1797 (ii) the incremental cost of purchasing the OEM vehicle; or
1798 (iii) the cost of purchasing the OEM vehicle if there is no documented incremental
1799 cost.
1800 (c) The amount of a grant for any vehicle under Subsection (2)(a)(i) or (2)(a)(ii)(A)
1801 may not exceed:
1802 (i) 50% of the actual cost of the vehicle conversion minus the amount of any tax credit
1803 claimed under Section 59-7-605 or 59-10-1009 for the vehicle for which a grant is requested;
1804 or
1805 (ii) 50% of the incremental cost of purchasing an OEM vehicle minus the amount of
1806 any tax credit claimed under Section 59-7-605 or 59-10-1009 for the vehicle for which a grant
1807 is requested.
1808 (d) (i) Except as provided in Subsection (3) and subject to the availability of monies in
1809 the fund, the department may make a loan for the purchase of vehicle refueling equipment for a
1810 private sector business vehicle or a government vehicle.
1811 (ii) The maximum amount loaned per installation of refueling equipment may not
1812 exceed the actual cost of the refueling equipment.
1813 (iii) Except as provided in Subsection (3) and subject to the availability of monies in
1814 the fund, the department may make a grant for a state match of a federal or nonfederal grant for
1815 the purchase of vehicle refueling equipment for a private sector business vehicle or a
1816 government vehicle.
1817 (3) The department may not make a loan or grant under this part for an electric-hybrid
1818 vehicle.
1819 (4) The department may:
1820 (a) reimburse itself for the costs incurred in administering the fund from:
1821 (i) the fund; or
1822 (ii) application fees; and
1823 (b) establish an application fee for a loan or grant from the fund by following the
1824 procedures and requirements of Section [
1825 (5) (a) The fund balance may not exceed $10,000,000.
1826 (b) Interest on cash balances and repayment of loans in excess of the amount necessary
1827 to maintain the fund balance at $10,000,000 shall be deposited in the General Fund.
1828 (6) (a) Loans made from monies in the fund shall be supported by loan documents
1829 evidencing the intent of the borrower to repay the loan.
1830 (b) The original loan documents shall be filed with the Division of Finance and a copy
1831 shall be filed with the department.
1832 Section 43. Section 19-2-105.3 is amended to read:
1833 19-2-105.3. Clean fuel requirements for fleets.
1834 (1) As used in this section:
1835 (a) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990.
1836 (b) "Clean fuel" means:
1837 (i) propane, compressed natural gas, or electricity;
1838 (ii) other fuel the Air Quality Board created in Title 19, Chapter 2, Air Conservation
1839 Act, determines annually on or before July 1 is at least as effective as fuels under Subsection
1840 (1)(b)(i) in reducing air pollution; and
1841 (iii) other fuel that meets the clean fuel vehicle standards in the 1990 Clean Air Act.
1842 (c) "Fleet" means ten or more vehicles:
1843 (i) owned or operated by a single entity as defined by board rule; and
1844 (ii) capable of being fueled or that are fueled at a central location.
1845 (d) "Fleet" does not include motor vehicles that are:
1846 (i) held for lease or rental to the general public;
1847 (ii) held for sale or used as demonstration vehicles by motor vehicle dealers;
1848 (iii) used by motor vehicle manufacturers for product evaluations or tests;
1849 (iv) authorized emergency vehicles as defined in Section 41-6a-102 ;
1850 (v) registered under Title 41, Chapter 1a, Part 2, Registration, as farm vehicles;
1851 (vi) special mobile equipment as defined in Section 41-1a-102 ;
1852 (vii) heavy duty trucks with a gross vehicle weight rating of more than 26,000 pounds;
1853 (viii) regularly used by employees to drive to and from work, parked at the employees'
1854 personal residences when they are not at their employment, and not practicably fueled at a
1855 central location;
1856 (ix) owned, operated, or leased by public transit districts; or
1857 (x) exempted by board rule.
1858 (2) (a) After evaluation of reasonably available pollution control strategies, and as part
1859 of the state implementation plan demonstrating attainment of the national ambient air quality
1860 standards, the board may by rule, subject to Subsection (2)(c), require fleets in specified
1861 geographical areas to use clean fuels if the board determines fleet use of clean fuels is:
1862 (i) necessary to demonstrate attainment of the national ambient air quality standards in
1863 any area where they are required; and
1864 (ii) reasonably cost effective when compared to other similarly beneficial control
1865 strategies for demonstrating attainment of the national ambient air quality standards.
1866 (b) State implementation plans developed prior to July 1, 1995, may require fleets to
1867 use clean fuels no earlier than July 1, 1995, unless the board determines fleet use of clean fuels
1868 is necessary prior to July 1, 1995, to demonstrate attainment of the national ambient air quality
1869 standards in any area by an attainment date established by federal law.
1870 (c) The board may not require more than 50% of those trucks in a fleet that are heavy
1871 duty trucks having a gross vehicle weight rating of more than 8,500 pounds and not more than
1872 26,000 pounds to convert to clean fuels under Subsection (2)(b).
1873 (3) (a) After evaluation of reasonably available pollution control strategies, and as part
1874 of a state implementation plan demonstrating only maintenance of the national ambient air
1875 quality standards, the board may by rule, subject to Subsection (3)(b), require fleets in specified
1876 geographical areas to use clean fuels if the board determines fleet use of clean fuels is:
1877 (i) necessary to demonstrate maintenance of the national ambient air quality standards
1878 in any area where they are required; and
1879 (ii) reasonably cost effective as compared with other similarly beneficial control
1880 strategies for demonstrating maintenance of the national ambient air quality standards.
1881 (b) Under Subsection (3)(a) the board may require no more than:
1882 (i) 30% of a fleet to use clean fuels before January 1, 1998;
1883 (ii) 50% of a fleet to use clean fuels before January 1, 1999; and
1884 (iii) 70% of a fleet to use clean fuels before January 1, 2000.
1885 (c) The board may not require more than 50% of those trucks in a fleet that are heavy
1886 duty trucks having a gross vehicle weight rating of more than 8,500 pounds and not more than
1887 26,000 pounds to convert to clean fuels under Subsection (3)(b).
1888 (4) Rules the board makes under this section may include:
1889 (a) dates by which fleets are required to convert to clean fuels under the provisions of
1890 this section;
1891 (b) definitions of fleet owners or operators;
1892 (c) definitions of vehicles exempted from this section by rule;
1893 (d) certification requirements for persons who install clean fuel conversion equipment,
1894 including testing and certification standards regarding installers; and
1895 (e) certification fees for installers, established under Section [
1896 (5) Implementation of this section and rules made under this section are subject to the
1897 reasonable availability of clean fuel in the local market as determined by the board.
1898 Section 44. Section 19-2-109.1 is amended to read:
1899 19-2-109.1. Operating permit required -- Emissions fee -- Implementation.
1900 (1) As used in this section and Sections 19-2-109.2 and 19-2-109.3 :
1901 (a) "EPA" means the federal Environmental Protection Agency.
1902 (b) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990.
1903 (c) "Operating permit" means a permit issued by the executive secretary to sources of
1904 air pollution that meet the requirements of Titles IV and V of the 1990 Clean Air Act.
1905 (d) "Program" means the air pollution operating permit program established under this
1906 section to comply with Title V of the 1990 Clean Air Act.
1907 (e) "Regulated pollutant" has the same meaning as defined in Title V of the 1990 Clean
1908 Air Act and implementing federal regulations.
1909 (2) (a) A person may not operate any source of air pollution required to have a permit
1910 under Title V of the 1990 Clean Air Act without having obtained an operating permit from the
1911 executive secretary under procedures the board establishes by rule.
1912 (b) A person is not required to submit an operating permit application until the
1913 governor has submitted an operating permit program to the EPA.
1914 (c) Any operating permit issued under this section may not become effective until the
1915 day after the EPA issues approval of the permit program or November 15, 1995, whichever
1916 occurs first.
1917 (3) (a) Operating permits issued under this section shall be for a period of five years
1918 unless the board makes a written finding, after public comment and hearing, and based on
1919 substantial evidence in the record, that an operating permit term of less than five years is
1920 necessary to protect the public health and the environment of the state.
1921 (b) The executive secretary may issue, modify, or renew an operating permit only after
1922 providing public notice, an opportunity for public comment, and an opportunity for a public
1923 hearing.
1924 (c) The executive secretary shall, in conformity with the 1990 Clean Air Act and
1925 implementing federal regulations, revise the conditions of issued operating permits to
1926 incorporate applicable federal regulations in conformity with Section 502(b)(9) of the 1990
1927 Clean Air Act, if the remaining period of the permit is three or more years.
1928 (d) The executive secretary may terminate, modify, revoke, or reissue an operating
1929 permit for cause.
1930 (4) (a) The board shall establish a proposed annual emissions fee that conforms with
1931 Title V of the 1990 Clean Air Act for each ton of regulated pollutant, applicable to all sources
1932 required to obtain a permit. The emissions fee established under this section is in addition to
1933 fees assessed under Section 19-2-108 for issuance of an approval order.
1934 (b) In establishing the fee the board shall comply with the provisions of Section
1935 [
1936 submitted to the Legislature for its approval as part of the department's annual appropriations
1937 request.
1938 (c) The fee shall cover all reasonable direct and indirect costs required to develop and
1939 administer the program and the small business assistance program established under Section
1940 19-2-109.2 . The board shall prepare an annual report of the emissions fees collected and the
1941 costs covered by those fees under this Subsection (4).
1942 (d) The fee shall be established uniformly for all sources required to obtain an
1943 operating permit under the program and for all regulated pollutants.
1944 (e) The fee may not be assessed for emissions of any regulated pollutant if the
1945 emissions are already accounted for within the emissions of another regulated pollutant.
1946 (f) An emissions fee may not be assessed for any amount of a regulated pollutant
1947 emitted by any source in excess of 4,000 tons per year of that regulated pollutant.
1948 (5) Emissions fees for the period:
1949 (a) of July 1, 1992, through June 30, 1993, shall be based on the most recent emissions
1950 inventory prepared by the executive secretary; and
1951 (b) on and after July 1, 1993, but prior to issuance of an operating permit, shall be
1952 based on the most recent emissions inventory, unless a source elects prior to July 1, 1992, to
1953 base the fee on allowable emissions, if applicable for a regulated pollutant.
1954 (6) After an operating permit is issued the emissions fee shall be based on actual
1955 emissions for a regulated pollutant unless a source elects, prior to the issuance or renewal of a
1956 permit, to base the fee during the period of the permit on allowable emissions for that regulated
1957 pollutant.
1958 (7) If the owner or operator of a source subject to this section fails to timely pay an
1959 annual emissions fee, the executive secretary may:
1960 (a) impose a penalty of not more than 50% of the fee, in addition to the fee, plus
1961 interest on the fee computed at 12% annually; or
1962 (b) revoke the operating permit.
1963 (8) The owner or operator of a source subject to this section may contest an emissions
1964 fee assessment or associated penalty in an adjudicative hearing under the Title 63G, Chapter 4,
1965 Administrative Procedures Act, as provided in this Subsection (8).
1966 (a) The owner or operator must pay the fee under protest prior to being entitled to a
1967 hearing. Payment of an emissions fee or penalty under protest is not a waiver of the right to
1968 contest the fee or penalty under this section.
1969 (b) A request for a hearing under this Subsection (8) shall be made after payment of the
1970 emissions fee and within six months after the emissions fee was due.
1971 (9) To reinstate an operating permit revoked under Subsection (7) the owner or
1972 operator shall pay all outstanding emissions fees, a penalty of not more than 50% of all
1973 outstanding fees, and interest on the outstanding emissions fees computed at 12% annually.
1974 (10) All emissions fees and penalties collected by the department under this section
1975 shall be deposited in the General Fund as the Air Pollution Operating Permit Program
1976 dedicated credit to be used solely to pay for the reasonable direct and indirect costs incurred by
1977 the department in developing and administering the program and the small business assistance
1978 program under Section 19-2-109.2 .
1979 (11) Failure of the executive secretary to act on any operating permit application or
1980 renewal is a final administrative action only for the purpose of obtaining judicial review by any
1981 of the following persons to require the executive secretary to take action on the permit or its
1982 renewal without additional delay:
1983 (a) the applicant;
1984 (b) any person who participated in the public comment process; or
1985 (c) any other person who could obtain judicial review of that action under applicable
1986 law.
1987 Section 45. Section 19-2-109.5 is amended to read:
1988 19-2-109.5. Private sector air quality permitting professionals certification
1989 program.
1990 (1) As used in this section, "AQPP" means an air quality permitting professional.
1991 (2) The board may establish a program to certify private sector AQPPs, including
1992 consultants and employees of companies that may seek air quality permits from the division.
1993 Any program established under this section shall include:
1994 (a) a training program established and operated by the department, which describes and
1995 explains the state law and rules regarding the air quality permit application and approval
1996 procedure under this chapter;
1997 (b) the requirement to pass an exam to measure qualifications of AQPP applicants;
1998 (c) an option for certification of an AQPP by passing the exam without undergoing any
1999 training required under the program;
2000 (d) an application process, including a fee established under Section [
2001 63J-1-504 that covers the costs of the training, testing, and application process and the
2002 department's maintenance of a list of certified AQPPs;
2003 (e) certification of qualified AQPP applicants;
2004 (f) maintenance by the department of a current list of certified AQPPs, which is
2005 available to the public;
2006 (g) procedures for the expedited review by the department of air quality permit
2007 applications submitted by certified AQPPs; and
2008 (h) professional standards for AQPPs.
2009 (3) The board may not require AQPP certification as a condition of preparing or
2010 submitting a notice of intent or operating permit application under this chapter.
2011 (4) Any program under this section shall provide for revocation of any certification
2012 issued under this section if the department determines, through an administrative hearing
2013 conducted under Title 63G, Chapter 4, Administrative Procedures Act, that the AQPP:
2014 (a) knowingly or negligently submitted false information or data as part of an air
2015 quality permit application;
2016 (b) prepared more than three air quality permit applications in one calendar year in a
2017 manner that each did not substantially comply with department application requirements; or
2018 (c) prepared any air quality permit application in violation of the professional standards
2019 defined by department rule.
2020 Section 46. Section 19-3-104 is amended to read:
2021 19-3-104. Registration and licensing of radiation sources by department --
2022 Assessment of fees -- Rulemaking authority and procedure -- Siting criteria.
2023 (1) As used in this section:
2024 (a) "Decommissioning" includes financial assurance.
2025 (b) "Source material" and "byproduct material" have the same definitions as in 42
2026 U.S.C.A. 2014, Atomic Energy Act of 1954, as amended.
2027 (2) The board may require the registration or licensing of radiation sources that
2028 constitute a significant health hazard.
2029 (3) All sources of ionizing radiation, including ionizing radiation producing machines,
2030 shall be registered or licensed by the department.
2031 (4) The board may make rules:
2032 (a) necessary for controlling exposure to sources of radiation that constitute a
2033 significant health hazard;
2034 (b) to meet the requirements of federal law relating to radiation control to ensure the
2035 radiation control program under this part is qualified to maintain primacy from the federal
2036 government;
2037 (c) to establish:
2038 (i) board accreditation requirements and procedures for mammography facilities; and
2039 (ii) certification procedure and qualifications for persons who survey mammography
2040 equipment and oversee quality assurance practices at mammography facilities; and
2041 (d) as necessary regarding the possession, use, transfer, or delivery of source and
2042 byproduct material and the disposal of byproduct material to establish requirements for:
2043 (i) the licensing, operation, decontamination, and decommissioning, including financial
2044 assurances; and
2045 (ii) the reclamation of sites, structures, and equipment used in conjunction with the
2046 activities described in this Subsection (4).
2047 (5) (a) On and after January 1, 2003, a fee is imposed for the regulation of source and
2048 byproduct material and the disposal of byproduct material at uranium mills or commercial
2049 waste facilities, as provided in this Subsection (5).
2050 (b) On and after January 1, 2003 through March 30, 2003:
2051 (i) $6,667 per month for uranium mills or commercial sites disposing of or
2052 reprocessing byproduct material; and
2053 (ii) $4,167 per month for those uranium mills the executive secretary has determined
2054 are on standby status.
2055 (c) On and after March 31, 2003 through June 30, 2003 the same fees as in Subsection
2056 (5)(b) apply, but only if the federal Nuclear Regulatory Commission grants to Utah an
2057 amendment for agreement state status for uranium recovery regulation on or before March 30,
2058 2003.
2059 (d) If the Nuclear Regulatory Commission does not grant the amendment for state
2060 agreement status on or before March 30, 2003, fees under Subsection (5)(e) do not apply and
2061 are not required to be paid until on and after the later date of:
2062 (i) October 1, 2003; or
2063 (ii) the date the Nuclear Regulatory Commission grants to Utah an amendment for
2064 agreement state status for uranium recovery regulation.
2065 (e) For the payment periods beginning on and after July 1, 2003, the department shall
2066 establish the fees required under Subsection (5)(a) under Section [
2067 subject to the restrictions under Subsection (5)(d).
2068 (f) The department shall deposit fees it receives under this Subsection (5) into the
2069 Environmental Quality Restricted Account created in Section 19-1-108 .
2070 (6) (a) The department shall assess fees for registration, licensing, and inspection of
2071 radiation sources under this section.
2072 (b) The department shall comply with the requirements of Section [
2073 63J-1-504 in assessing fees for licensure and registration.
2074 (7) The department shall coordinate its activities with the Department of Health rules
2075 made under Section 26-21a-203 .
2076 (8) (a) Except as provided in Subsection (9), the board may not adopt rules, for the
2077 purpose of the state assuming responsibilities from the United States Nuclear Regulatory
2078 Commission with respect to regulation of sources of ionizing radiation, that are more stringent
2079 than the corresponding federal regulations which address the same circumstances.
2080 (b) In adopting those rules, the board may incorporate corresponding federal
2081 regulations by reference.
2082 (9) (a) The board may adopt rules more stringent than corresponding federal
2083 regulations for the purpose described in Subsection (8) only if it makes a written finding after
2084 public comment and hearing and based on evidence in the record that corresponding federal
2085 regulations are not adequate to protect public health and the environment of the state.
2086 (b) Those findings shall be accompanied by an opinion referring to and evaluating the
2087 public health and environmental information and studies contained in the record which form
2088 the basis for the board's conclusion.
2089 (10) (a) The board shall by rule:
2090 (i) authorize independent qualified experts to conduct inspections required under this
2091 chapter of x-ray facilities registered with the division; and
2092 (ii) establish qualifications and certification procedures necessary for independent
2093 experts to conduct these inspections.
2094 (b) Independent experts under this Subsection (10) are not considered employees or
2095 representatives of the division or the state when conducting the inspections.
2096 (11) (a) The board may by rule establish criteria for siting commercial low-level
2097 radioactive waste treatment or disposal facilities, subject to the prohibition imposed by Section
2098 19-3-103.7 .
2099 (b) Subject to Subsection 19-3-105 (10), any facility under Subsection (11)(a) for which
2100 a radioactive material license is required by this section shall comply with those criteria.
2101 (c) Subject to Subsection 19-3-105 (10), a facility may not receive a radioactive
2102 material license until siting criteria have been established by the board. The criteria also apply
2103 to facilities that have applied for but not received a radioactive material license.
2104 (12) The board shall by rule establish financial assurance requirements for closure and
2105 postclosure care of radioactive waste land disposal facilities, taking into account existing
2106 financial assurance requirements.
2107 Section 47. Section 19-3-106.4 is amended to read:
2108 19-3-106.4. Generator site access permits.
2109 (1) A generator or broker may not transfer radioactive waste to a commercial
2110 radioactive waste treatment or disposal facility in the state without first obtaining a generator
2111 site access permit from the executive secretary.
2112 (2) The board may make rules pursuant to Section 19-3-104 governing a generator site
2113 access permit program.
2114 (3) (a) Except as provided in Subsection (3)(b), the department shall establish fees for
2115 generator site access permits in accordance with Section [
2116 (b) On and after July 1, 2001 through June 30, 2002, the fees are:
2117 (i) $1,300 for generators transferring 1,000 or more cubic feet of radioactive waste per
2118 year;
2119 (ii) $500 for generators transferring less than 1,000 cubic feet of radioactive waste per
2120 year; and
2121 (iii) $5,000 for brokers.
2122 (c) The department shall deposit fees received under this section into the
2123 Environmental Quality Restricted Account created in Section 19-1-108 .
2124 (4) This section does not apply to a generator or broker transferring radioactive waste
2125 to a uranium mill licensed under 10 C.F.R. Part 40, Domestic Licensing of Source Material.
2126 Section 48. Section 19-3-308 is amended to read:
2127 19-3-308. Application fee and annual fees.
2128 (1) (a) Any application for a waste transfer, storage, decay in storage, treatment, or
2129 disposal facility shall be accompanied by an initial fee of $5,000,000.
2130 (b) The applicant shall subsequently pay an additional fee to cover the costs to the state
2131 associated with review of the application, including costs to the state and the state's contractors
2132 for permitting, technical, administrative, legal, safety, and emergency response reviews,
2133 planning, training, infrastructure, and other impact analyses, studies, and services required to
2134 evaluate a proposed facility.
2135 (2) For the purpose of funding the state oversight and inspection of any waste transfer,
2136 storage, decay in storage, treatment, or disposal facility, and to establish state infrastructure,
2137 including, but not limited to providing for state Department of Environmental Quality, state
2138 Department of Transportation, state Department of Public Safety, and other state agencies'
2139 technical, administrative, legal, infrastructure, maintenance, training, safety, socio-economic,
2140 law enforcement, and emergency resources necessary to respond to these facilities, the owner
2141 or operator shall pay to the state a fee as established by department rule under Section
2142 [
2143 (a) per ton of storage cask and high level nuclear waste per year for storage, decay in
2144 storage, treatment, or disposal of high level nuclear waste;
2145 (b) per ton of transportation cask and high level nuclear waste for each transfer of high
2146 level nuclear waste;
2147 (c) per ton of storage cask and greater than class C radioactive waste for the storage,
2148 decay in storage, treatment, or disposal of greater than class C radioactive waste; and
2149 (d) per ton of transportation cask and greater than class C radioactive waste for each
2150 transfer of greater than class C radioactive waste.
2151 (3) Funds collected under Subsection (2) shall be placed in the Nuclear Accident and
2152 Hazard Compensation Account, created in Subsection 19-3-309 (3).
2153 (4) The owner or operator of the facility shall pay the fees imposed under this section
2154 to the department on or before the 15th day of the month following the month in which the fee
2155 accrued.
2156 (5) Annual fees due under this part accrue on July 1 of each year and shall be paid to
2157 the department by July 15 of that year.
2158 Section 49. Section 19-3-315 is amended to read:
2159 19-3-315. Transportation requirements.
2160 (1) A person may not transport wastes in the state, including on highways, roads, rail,
2161 by air, or otherwise, without:
2162 (a) having received approval from the state Department of Transportation; and
2163 (b) having demonstrated compliance with rules of the state Department of
2164 Transportation.
2165 (2) The Department of Transportation may:
2166 (a) make rules requiring a transport and route approval permit, weight restrictions,
2167 tracking systems, and state escort; and
2168 (b) assess appropriate fees as established under Section [
2169 shipment of waste, consistent with the requirements and limitations of federal law.
2170 (3) The Department of Environmental Quality shall establish any other transportation
2171 rules as necessary to protect the public health, safety, and environment.
2172 (4) Unless expressly authorized by the governor, with the concurrence of the
2173 Legislature, an easement or other interest in property may not be granted upon any lands within
2174 the state for a right of way for any carrier transportation system that:
2175 (a) is not a class I common or contract rail carrier organized and doing business prior to
2176 January 1, 1999; and
2177 (b) transports high level nuclear waste or greater than class C radioactive waste to a
2178 storage facility within the state.
2179 Section 50. Section 19-5-120 is amended to read:
2180 19-5-120. Sewage permit program fee.
2181 (1) The department may assess a fee established under Section [
2182 against persons required to obtain a permit under Section 19-5-108 for the management of
2183 sewage sludge, to be applied to the costs of administering the sewage permit program required
2184 by this chapter.
2185 (2) The total of the combined fees assessed against all permittees under this section
2186 may not be more than $28,000 annually.
2187 (3) In establishing the fee for each sludge disposal permit holder, the department shall
2188 take into account the proportionate size of the population served by the permit holder.
2189 (4) All proceeds from the fee shall be applied to the administering of the sewage permit
2190 program required by this chapter.
2191 Section 51. Section 19-5-121 is amended to read:
2192 19-5-121. Underground wastewater disposal systems -- Certification required to
2193 design, inspect, maintain, or conduct percolation or soil tests -- Exemptions -- Rules --
2194 Fees.
2195 (1) As used in this section, "maintain" does not include the pumping of an underground
2196 wastewater disposal system.
2197 (2) (a) Except as provided in Subsections (2)(b) and (2)(c), beginning January 1, 2002,
2198 a person may not design, inspect, maintain, or conduct percolation or soil tests for an
2199 underground wastewater disposal system, without first obtaining certification from the board.
2200 (b) An individual is not required to obtain certification from the board to maintain an
2201 underground wastewater disposal system that serves a noncommercial, private residence owned
2202 by the individual or a member of the individual's family and in which the individual or a
2203 member of the individual's family resides or an employee of the individual resides without
2204 payment of rent.
2205 (c) The board shall make rules allowing an uncertified individual to conduct
2206 percolation or soil tests for an underground wastewater disposal system that serves a
2207 noncommercial, private residence owned by the individual and in which the individual resides
2208 or intends to reside, or which is intended for use by an employee of the individual without
2209 payment of rent, if the individual:
2210 (i) has the capability of properly conducting the tests; and
2211 (ii) is supervised by a certified individual when conducting the tests.
2212 (3) (a) The board shall adopt and enforce rules for the certification and recertification
2213 of individuals who design, inspect, maintain, or conduct percolation or soil tests for
2214 underground wastewater disposal systems.
2215 (b) (i) The rules shall specify requirements for education and training and the type and
2216 duration of experience necessary to obtain certification.
2217 (ii) The rules shall recognize the following in meeting the requirements for
2218 certification:
2219 (A) the experience of a contractor licensed under Title 58, Chapter 55, Utah
2220 Construction Trades Licensing Act, who has five or more years of experience installing
2221 underground wastewater disposal systems;
2222 (B) the experience of an environmental health scientist licensed under Title 58, Chapter
2223 20a, Environmental Health Scientist Act; or
2224 (C) the educational background of a professional engineer licensed under Title 58,
2225 Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act.
2226 (iii) If eligibility for certification is based on experience, the applicant for certification
2227 must show proof of experience.
2228 (4) The department may establish fees in accordance with Section [
2229 63J-1-504 for the testing and certification of individuals who design, inspect, maintain, or
2230 conduct percolation or soil tests for underground wastewater disposal systems.
2231 Section 52. Section 19-5-122 is amended to read:
2232 19-5-122. Underground wastewater disposal systems -- Fee imposed on new
2233 systems.
2234 (1) Beginning July 1, 2001, a one-time fee is imposed on each new underground
2235 wastewater disposal system installed.
2236 (2) (a) From July 1, 2001 through June 30, 2002, the fee shall be $25.
2237 (b) Beginning July 1, 2002, the fee shall be established by the department in
2238 accordance with Section [
2239 (3) (a) The fee shall be paid when plans and specifications for the construction of a
2240 new underground wastewater disposal system are approved by the local health department or
2241 the Department of Environmental Quality.
2242 (b) A local health department shall remit the fee revenue to the Division of Finance
2243 quarterly.
2244 (4) The fee revenue shall be:
2245 (a) deposited into the Underground Wastewater Disposal Restricted Account created in
2246 Section 19-5-123 ; and
2247 (b) used to pay for costs of underground wastewater disposal system training programs.
2248 Section 53. Section 19-6-408 is amended to read:
2249 19-6-408. Underground storage tank registration fee -- Processing fee for tanks
2250 not in the program.
2251 (1) The department may assess an annual underground storage tank registration fee
2252 against owners or operators of underground storage tanks that have not been closed. These fees
2253 shall be:
2254 (a) billed per facility;
2255 (b) due on July 1 annually;
2256 (c) deposited with the department as dedicated credits;
2257 (d) used by the department for the administration of the underground storage tank
2258 program outlined in this part; and
2259 (e) established under Section [
2260 (2) (a) In addition to the fee under Subsection (1), an owner or operator who elects to
2261 demonstrate financial assurance through a mechanism other than the Environmental Assurance
2262 Program shall pay a processing fee of:
2263 (i) for fiscal year 1997-98, $1,000 for each financial assurance mechanism document
2264 submitted to the division for review; and
2265 (ii) on and after July 1, 1998, a processing fee established under Section [
2266 63J-1-504 .
2267 (b) If a combination of financial assurance mechanisms is used to demonstrate
2268 financial assurance, the fee under Subsection (2)(a) shall be paid for each document submitted.
2269 (c) As used in this Subsection (2), "financial assurance mechanism document" may be
2270 a single document that covers more than one facility through a single financial assurance
2271 mechanism.
2272 (3) Any funds provided for administration of the underground storage tank program
2273 under this section that are not expended at the end of the fiscal year lapse into the Petroleum
2274 Storage Tank Restricted Account created in Section 19-6-405.5 .
2275 (4) The executive secretary shall provide all owners or operators who pay the annual
2276 underground storage tank registration fee a certificate of registration.
2277 (5) (a) The executive secretary may issue a notice of agency action assessing a civil
2278 penalty of $1,000 per facility if an owner or operator of an underground storage tank facility
2279 fails to pay the required fee within 60 days after the July 1 due date.
2280 (b) The registration fee and late payment penalty accrue interest at 12% per annum.
2281 (c) If the registration fee, late payment penalty, and interest accrued under this
2282 Subsection (5) are not paid in full within 60 days after the July 1 due date any certificate of
2283 compliance issued prior to the July 1 due date lapses. The executive secretary may not reissue
2284 the certificate of compliance until full payment under this Subsection (5) is made to the
2285 department.
2286 (d) The executive secretary may waive any penalty assessed under this Subsection (5)
2287 if no fuel has been dispensed from the tank on or after July 1, 1991.
2288 Section 54. Section 19-6-806 is amended to read:
2289 19-6-806. Registration of waste tire transporters and recyclers.
2290 (1) (a) The executive secretary shall register each applicant for registration to act as a
2291 waste tire transporter if the applicant meets the requirements of this section.
2292 (b) An applicant for registration as a waste tire transporter shall:
2293 (i) submit an application in a form prescribed by the executive secretary;
2294 (ii) pay a fee as determined by the board under Section [
2295 (iii) provide the name and business address of the operator;
2296 (iv) provide proof of liability insurance or other form of financial responsibility in an
2297 amount determined by board rule, but not more than $300,000, for any liability the waste tire
2298 transporter may incur in transporting waste tires; and
2299 (v) meet requirements established by board rule.
2300 (c) The holder of a registration under this section shall advise the executive secretary in
2301 writing of any changes in application information provided to the executive secretary within 20
2302 days of the change.
2303 (d) If the executive secretary has reason to believe a waste tire transporter has disposed
2304 of tires other than as allowed under this part, the executive secretary shall conduct an
2305 investigation and, after complying with the procedural requirements of Title 63G, Chapter 4,
2306 Administrative Procedures Act, may revoke the registration.
2307 (2) (a) The executive secretary shall register each applicant for registration to act as a
2308 waste tire recycler if the applicant meets the requirements of this section.
2309 (b) An applicant for registration as a waste tire recycler shall:
2310 (i) submit an application in a form prescribed by the executive secretary;
2311 (ii) pay a fee as determined by the board under Section [
2312 (iii) provide the name and business address of the operator of the recycling business;
2313 (iv) provide proof of liability insurance or other form of financial responsibility in an
2314 amount determined by board rule, but not more than $300,000, for any liability the waste tire
2315 recycler may incur in storing and recycling waste tires;
2316 (v) engage in activities as described under the definition of recycler in Section
2317 19-6-803 ; and
2318 (vi) meet requirements established by board rule.
2319 (c) The holder of a registration under this section shall advise the executive secretary in
2320 writing of any changes in application information provided to the executive secretary within 20
2321 days of the change.
2322 (d) If the executive secretary has reason to believe a waste tire recycler has falsified any
2323 information provided in an application for partial reimbursement under this section, the
2324 executive secretary shall, after complying with the procedural requirements of Title 63G,
2325 Chapter 4, Administrative Procedures Act, revoke the registration.
2326 (3) The board shall establish a uniform fee for registration which shall be imposed by
2327 any unit of local government or local health department that requires a registration fee as part
2328 of the registration of waste tire transporters or waste tire recyclers.
2329 Section 55. Section 19-6-1003 is amended to read:
2330 19-6-1003. Board and executive secretary powers.
2331 (1) By following the procedures and requirements of Title 63G, Chapter 3, Utah
2332 Administrative Rulemaking Act, the board shall make rules:
2333 (a) governing administrative proceedings under this part;
2334 (b) specifying the terms and conditions under which the executive secretary shall
2335 approve, disapprove, revoke, or review a plan submitted by a manufacturer; and
2336 (c) governing reports and educational materials required by this part.
2337 (2) These rules shall include:
2338 (a) time requirements for plan submission, review, approval, and implementation;
2339 (b) a public notice and comment period for a proposed plan; and
2340 (c) safety standards for the collection, packaging, transportation, storage, recycling, and
2341 disposal of mercury switches.
2342 (3) The board may request the attorney general to bring an action for injunctive relief
2343 and enforcement of this part, including, without limitation, imposition of the penalty provided
2344 in Section 19-6-1006 .
2345 (4) As authorized by the board, the executive secretary may:
2346 (a) review and approve or disapprove plans, specifications, or other data related to
2347 mercury switch removal;
2348 (b) enforce a rule by issuing a notice, an order, or both, which may be subsequently
2349 amended or revoked by the board; and
2350 (c) initiate an administrative action to compel compliance with this part and any rules
2351 adopted under this part.
2352 (5) The executive secretary shall establish a fee to cover the costs of a plan's review by
2353 following the procedures and requirements of Section [
2354 Section 56. Section 19-8-117 is amended to read:
2355 19-8-117. Program report and budget allocations -- Fee schedule.
2356 (1) (a) For applications submitted on or after May 5, 1997 through June 30, 1998, the
2357 application fee under this chapter is $2,000.
2358 (b) Regarding applications submitted on and after July 1, 1998, the executive director
2359 shall annually calculate the costs to administer the voluntary cleanup program under this
2360 chapter and shall establish the fees for the program under Section [
2361 (2) All fees under Subsection (1) shall be deposited in the account created under
2362 Section 19-8-103 .
2363 Section 57. Section 23-14-18 is amended to read:
2364 23-14-18. Establishment of seasons, locations, limits, and regulations by Wildlife
2365 Board.
2366 (1) To provide an adequate and flexible system of protection, propagation,
2367 introduction, increase, control, harvest, management, and conservation of protected wildlife in
2368 this state and to provide for the use and development of protected wildlife for public recreation
2369 and food supply while maintaining a sustainable population of protected wildlife, the Wildlife
2370 Board shall determine the circumstances, time, location, means, and the amounts, and numbers
2371 of protected wildlife which may be taken.
2372 (2) The Wildlife Board shall, except as otherwise specified in this code:
2373 (a) fix seasons and shorten, extend, or close seasons on any species of protected
2374 wildlife in any locality, or in the entire state, if the board finds that the action is necessary to
2375 effectuate proper wildlife management and control;
2376 (b) close or open areas to fishing, trapping, or hunting;
2377 (c) establish refuges and preserves;
2378 (d) regulate and prescribe the means by which protected wildlife may be taken;
2379 (e) regulate the transportation and storage of protected wildlife, or their parts, within
2380 the boundaries of the state and the shipment or transportation out of the state;
2381 (f) establish or change bag limits and possession limits;
2382 (g) prescribe safety measures and establish other regulations as may be considered
2383 necessary in the interest of wildlife conservation and the safety and welfare of hunters,
2384 trappers, fishermen, landowners, and the public;
2385 (h) (i) prescribe when licenses, permits, tags, and certificates of registration shall be
2386 required and procedures for their issuance and use; and
2387 (ii) establish forms and fees for licenses, permits, tags, and certificates of registration;
2388 and
2389 (i) prescribe rules and regulations as it may consider necessary to control the use and
2390 harvest of protected wildlife by private associations, clubs, partnerships, or corporations,
2391 provided the rules and regulations do not preclude the landowner from personally controlling
2392 trespass upon the owner's properties nor from charging a fee to trespass for purposes of hunting
2393 or fishing.
2394 (3) The Wildlife Board may allow a season on protected wildlife to commence on any
2395 day of the week except Sunday.
2396 (4) The Wildlife Board shall establish fees for licenses, permits, tags, and certificates
2397 of registration in accordance with Section [
2398 Section 58. Section 23-16-4 is amended to read:
2399 23-16-4. Compensation for damage to crops, fences, or irrigation equipment --
2400 Limitations -- Appeals.
2401 (1) The division may provide compensation to claimants for damage caused by big
2402 game to:
2403 (a) cultivated crops from or on cleared and planted land;
2404 (b) fences on private land; or
2405 (c) irrigation equipment on private land.
2406 (2) To be eligible to receive compensation as provided in this section, the claimant:
2407 (a) must notify the division of the damage within 72 hours after the damage is
2408 discovered; and
2409 (b) allow division personnel reasonable access to the property to verify and alleviate
2410 the depredation problem.
2411 (3) (a) The appraisal of the damage shall be made by the claimant and the division as
2412 soon after notification as possible.
2413 (b) In determining damage payment, the division and claimant shall consider:
2414 (i) the extent of damage experienced; and
2415 (ii) any revenue the landowner derives from:
2416 (A) participation in a cooperative wildlife management unit;
2417 (B) use of landowner association permits;
2418 (C) use of mitigation permits; and
2419 (D) charging for hunter access.
2420 (c) In determining how to assess and compensate for damages to cultivated crops, the
2421 division's determination shall be based on the:
2422 (i) full replacement value in the local market of the cultivated crops that actually have
2423 been or will be damaged or consumed by big game animals; and
2424 (ii) cost of delivery of a replacement crop to the location of the damaged crop or other
2425 location that is not farther from the source of the replacement crop.
2426 (d) If the claimant and the division are unable to agree on a fair and equitable damage
2427 payment, they shall designate a third party, consisting of one or more persons familiar with the
2428 crops, fences, or irrigation equipment and the type of game animals doing the damage, to
2429 appraise the damage.
2430 (4) (a) Notwithstanding Section [
2431 compensation that may be provided by the division pursuant to this section and the total cost of
2432 fencing materials provided by the division to prevent crop damage may not exceed the
2433 legislative appropriation for fencing material and compensation for damaged crops, fences, and
2434 irrigation equipment.
2435 (b) (i) Any claim of $1,000 or less may be paid after appraisal of the damage as
2436 provided in Subsection (3), unless the claim brings the total amount of claims submitted by the
2437 claimant in the fiscal year to an amount in excess of $1,000.
2438 (ii) Any claim for damage to irrigation equipment may be paid after appraisal of the
2439 damage as provided in Subsection (3).
2440 (c) (i) Any claim in excess of $1,000, or claim that brings the total amount of claims
2441 submitted by the claimant in the fiscal year to an amount in excess of $1,000, shall be treated
2442 as follows:
2443 (A) $1,000 may be paid pursuant to the conditions of this section; and
2444 (B) the amount in excess of $1,000 may not be paid until the total amount of the
2445 approved claims of all the claimants and expenses for fencing materials for the fiscal year are
2446 determined.
2447 (ii) If the total exceeds the amount appropriated by the Legislature pursuant to
2448 Subsection (4)(a), claims in excess of $1,000, or any claim that brings the total amount of a
2449 claimant's claims in a fiscal year to an amount in excess of $1,000, shall be prorated.
2450 (5) The division may deny or limit compensation if the claimant:
2451 (a) has failed to exercise reasonable care and diligence to avoid the loss or minimize
2452 the damage; or
2453 (b) has unreasonably restricted hunting on land under the claimant's control or passage
2454 through the land to access public lands for the purpose of hunting, after receiving written
2455 notification from the division of the necessity of allowing such hunting or access to control or
2456 mitigate damage by big game.
2457 (6) (a) The Wildlife Board shall make rules specifying procedures for the appeal of
2458 division actions under this section.
2459 (b) Upon the petition of an aggrieved party to a final division action, the Wildlife
2460 Board may review the action on the record and issue an order modifying or rescinding the
2461 division action.
2462 (c) A qualified hearing examiner may be appointed for purposes of taking evidence and
2463 making recommendations for a board order. The board shall consider the recommendations of
2464 the examiner in making decisions.
2465 (d) Board review of final agency action and judicial review of final board action shall
2466 be governed by Title 63G, Chapter 4, Administrative Procedures Act.
2467 Section 59. Section 26-1-6 is amended to read:
2468 26-1-6. Fee schedule adopted by department.
2469 (1) The department may adopt a schedule of fees that may be assessed for services
2470 rendered by the department, provided that the fees are:
2471 (a) reasonable and fair; and
2472 (b) submitted to the Legislature as part of the department's annual appropriations
2473 request.
2474 (2) When the department submits a fee schedule to the Legislature, the Legislature, in
2475 accordance with Section [
2476 (a) approve the fee;
2477 (b) increase or decrease and approve the fee; or
2478 (c) reject any fee submitted to it.
2479 (3) Fees approved by the Legislature pursuant to this section shall be paid into the state
2480 treasury in accordance with Section [
2481 Section 60. Section 26-2-22 is amended to read:
2482 26-2-22. Inspection of vital records.
2483 (1) (a) The vital records shall be open to inspection, but only in compliance with the
2484 provisions of this chapter, department rules, and Section 78B-6-144 .
2485 (b) It is unlawful for any state or local officer or employee to disclose data contained in
2486 vital records contrary to this chapter or department rule.
2487 (c) A custodian of vital records may permit inspection of a vital record or issue a
2488 certified copy of a record or a part of a record when the custodian is satisfied that the applicant
2489 has demonstrated a direct, tangible, and legitimate interest.
2490 (2) A direct, tangible, and legitimate interest in a vital record is present only if:
2491 (a) the request is from:
2492 (i) the subject;
2493 (ii) a member of the subject's immediate family;
2494 (iii) the guardian of the subject;
2495 (iv) a designated legal representative of the subject; or
2496 (v) a person, including a child-placing agency as defined in Section 78B-6-103 , with
2497 whom a child has been placed pending finalization of an adoption of the child;
2498 (b) the request involves a personal or property right of the subject of the record;
2499 (c) the request is for official purposes of a state, local, or federal governmental agency;
2500 (d) the request is for a statistical or medical research program and prior consent has
2501 been obtained from the state registrar; or
2502 (e) the request is a certified copy of an order of a court of record specifying the record
2503 to be examined or copied.
2504 (3) For purposes of Subsection (2):
2505 (a) "immediate family member" means a spouse, child, parent, sibling, grandparent, or
2506 grandchild;
2507 (b) a designated legal representative means an attorney, physician, funeral service
2508 director, genealogist, or other agent of the subject or the subject's immediate family who has
2509 been delegated the authority to access vital records;
2510 (c) except as provided in Title 78B, Chapter 6, Part 1, Utah Adoption Act, a parent, or
2511 the immediate family member of a parent, who does not have legal or physical custody of or
2512 visitation or parent-time rights for a child because of the termination of parental rights pursuant
2513 to Title 78A, Chapter 6, Juvenile Court Act of 1996, or by virtue of consenting to or
2514 relinquishing a child for adoption pursuant to Title 78B, Chapter 6, Part 1, Utah Adoption Act,
2515 may not be considered as having a direct, tangible, and legitimate interest; and
2516 (d) a commercial firm or agency requesting names, addresses, or similar information
2517 may not be considered as having a direct, tangible, and legitimate interest.
2518 (4) Upon payment of a fee established in accordance with Section [
2519 63J-1-504 , the following records shall be available to the public:
2520 (a) except as provided in Subsection 26-2-10 (4)(b), a birth record, excluding
2521 confidential information collected for medical and health use, if 100 years or more have passed
2522 since the date of birth;
2523 (b) a death record if 50 years or more have passed since the date of death; and
2524 (c) a vital record not subject to Subsection (4)(a) or (b) if 75 years or more have passed
2525 since the date of the event upon which the record is based.
2526 Section 61. Section 26-21a-205 is amended to read:
2527 26-21a-205. Department duties.
2528 The department shall:
2529 (1) enforce rules established under this part;
2530 (2) authorize qualified department agents to conduct inspections of mammogram
2531 facilities under department rules;
2532 (3) collect and credit fees for certification under Section [
2533 (4) provide necessary administrative and staff support to the committee.
2534 Section 62. Section 31A-3-103 is amended to read:
2535 31A-3-103. Fees.
2536 (1) For purposes of this section:
2537 (a) "Regulatory fee" is as defined in Section [
2538 (b) "Services" means functions that are reasonable and necessary to enable the
2539 commissioner to perform the duties imposed by this title including:
2540 (i) issuing and renewing licenses and certificates of authority;
2541 (ii) filing policy forms;
2542 (iii) reporting agent appointments and terminations; and
2543 (iv) filing annual statements.
2544 (c) Fees related to the renewal of licenses may be imposed no more frequently than
2545 once each year.
2546 (2) (a) A regulatory fee charged by the department shall be set in accordance with
2547 Section [
2548 (b) Fees shall be set and collected for services provided by the department.
2549 (3) (a) For a fee authorized by this chapter that is not a regulatory fee, the department
2550 may adopt a schedule of fees provided that each fee in the schedule of fees is:
2551 (i) reasonable and fair; and
2552 (ii) submitted to the Legislature as part of the department's annual appropriations
2553 request.
2554 (b) If a fee schedule described in Subsection (3)(a) is submitted as part of the
2555 department's annual appropriations request, the Legislature may, in a manner substantially
2556 similar to Section [
2557 (i) approve any fee in the fee schedule;
2558 (ii) (A) increase or decrease any fee in the fee schedule; and
2559 (B) approve any fee in the fee schedule as changed by the Legislature; or
2560 (iii) reject any fee in the fee schedule.
2561 (c) (i) Except as provided in Subsection (3)(c)(ii), a fee approved by the Legislature
2562 pursuant to this Subsection (3) shall be deposited into the General Fund for appropriation by
2563 the Legislature.
2564 (ii) A fee approved by the Legislature pursuant to this Subsection (3) that relates to the
2565 use of electronic or other similar technology to provide the services of the department shall be
2566 deposited into the General Fund as a dedicated credit to be used by the department to provide
2567 services through use of electronic commerce or other similar technology.
2568 (4) The commissioner shall separately publish the schedule of fees approved by the
2569 Legislature and make it available upon request for $1 per copy. This fee schedule shall also be
2570 included in any compilation of rules promulgated by the commissioner.
2571 (5) The commissioner shall, by rule, establish the deadlines for payment of any fee
2572 established by the department in accordance with this section.
2573 Section 63. Section 31A-3-304 (Superseded 07/01/10) is amended to read:
2574 31A-3-304 (Superseded 07/01/10). Annual fees -- Other taxes or fees prohibited.
2575 (1) (a) A captive insurance company shall pay an annual fee imposed under this section
2576 to obtain or renew a certificate of authority.
2577 (b) The commissioner shall:
2578 (i) determine the annual fee pursuant to Sections 31A-3-103 and [
2579 63J-1-504 ; and
2580 (ii) consider whether the annual fee is competitive with fees imposed by other states on
2581 captive insurance companies.
2582 (2) A captive insurance company that fails to pay the fee required by this section is
2583 subject to the relevant sanctions of this title.
2584 (3) (a) Except as provided in Subsection (3)(b) and notwithstanding Title 59, Chapter
2585 9, Taxation of Admitted Insurers, the fee provided for in this section constitutes the sole tax or
2586 fee under the laws of this state that may be otherwise levied or assessed on a captive insurance
2587 company, and no other occupation tax or other tax or fee may be levied or collected from a
2588 captive insurance company by the state or a county, city, or municipality within this state.
2589 (b) Notwithstanding Subsection (3)(a), a captive insurance company is subject to real
2590 and personal property taxes.
2591 (4) A captive insurance company shall pay the fee imposed by this section to the
2592 department by March 31 of each year.
2593 (5) (a) The funds received pursuant to Subsection (2) shall be deposited into the
2594 General Fund as a dedicated credit to be used by the department to:
2595 (i) administer and enforce Chapter 37, Captive Insurance Companies Act; and
2596 (ii) promote the captive insurance industry in Utah.
2597 (b) At the end of each fiscal year, funds received by the department in excess of
2598 $250,000 shall be treated as free revenue in the General Fund.
2599 Section 64. Section 31A-3-304 (Effective 07/01/10) is amended to read:
2600 31A-3-304 (Effective 07/01/10). Annual fees -- Other taxes or fees prohibited.
2601 (1) (a) A captive insurance company shall pay an annual fee imposed under this section
2602 to obtain or renew a certificate of authority.
2603 (b) The commissioner shall:
2604 (i) determine the annual fee pursuant to Sections 31A-3-103 and [
2605 63J-1-504 ; and
2606 (ii) consider whether the annual fee is competitive with fees imposed by other states on
2607 captive insurance companies.
2608 (2) A captive insurance company that fails to pay the fee required by this section is
2609 subject to the relevant sanctions of this title.
2610 (3) (a) Except as provided in Subsection (3)(b) and notwithstanding Title 59, Chapter
2611 9, Taxation of Admitted Insurers, the fee provided for in this section constitutes the sole tax or
2612 fee under the laws of this state that may be otherwise levied or assessed on a captive insurance
2613 company, and no other occupation tax or other tax or fee may be levied or collected from a
2614 captive insurance company by the state or a county, city, or municipality within this state.
2615 (b) Notwithstanding Subsection (3)(a), a captive insurance company is subject to real
2616 and personal property taxes.
2617 (4) A captive insurance company shall pay the fee imposed by this section to the
2618 department by March 31 of each year.
2619 (5) (a) The funds received pursuant to Subsection (2) shall be deposited into the
2620 General Fund as a dedicated credit to be used by the department to:
2621 (i) administer and enforce Chapter 37, Captive Insurance Companies Act; and
2622 (ii) promote the captive insurance industry in Utah.
2623 (b) At the end of each fiscal year, funds received by the department in excess of
2624 $750,000 shall be treated as free revenue in the General Fund.
2625 Section 65. Section 31A-34-104 is amended to read:
2626 31A-34-104. Alliance -- Required license.
2627 (1) A person must be licensed as an alliance pursuant to this chapter to directly or
2628 indirectly make available or otherwise arrange for health insurance through multiple
2629 unaffiliated insurers through the use of coordinated actuarial models, coordinated underwriting,
2630 or coordinated marketing methodologies.
2631 (2) (a) A person may not hold itself out as a health insurance purchasing alliance,
2632 purchasing alliance, health insurance purchasing cooperative, purchasing cooperative, or
2633 otherwise use a similar name unless licensed by the commissioner as an alliance.
2634 (b) Notwithstanding Subsection (2)(a), a person may hold itself out as a voluntary
2635 health insurance purchasing association without being licensed by the commissioner as
2636 provided in Section 31A-34-105 .
2637 (3) To apply for licensure as an alliance, a person shall complete an application in a
2638 form designated by the commissioner and file it with the commissioner, together with the
2639 applicable filing fees determined by the commissioner under Section [
2640 Section 66. Section 31A-35-301 is amended to read:
2641 31A-35-301. The commissioner's authority.
2642 (1) The commissioner shall:
2643 (a) make rules as necessary for the administration of this chapter;
2644 (b) with information as provided by the board, issue or deny licensure under this
2645 chapter;
2646 (c) take action regarding a license, including suspension or revocation; and
2647 (d) maintain and publish a current list of licensed bail bond surety companies and
2648 producers.
2649 (2) The commissioner may establish fees for the issuance, renewal, and reinstatement
2650 of a bail bond surety company license in accordance with Section [
2651 Section 67. Section 31A-35-401 is amended to read:
2652 31A-35-401. Requirement for license or certificate of authority -- Process -- Fees
2653 -- Limitations.
2654 (1) (a) A person may not engage in the bail bond surety insurance business unless that
2655 person:
2656 (i) is a bail bond surety company licensed under this chapter;
2657 (ii) is a surety insurer that is granted a certificate under this section in the same manner
2658 as other insurers doing business in this state are granted certificates of authority under this title;
2659 or
2660 (iii) is a bail bond producer licensed in accordance with this section.
2661 (b) A bail bond surety company shall be licensed under this chapter as an agency.
2662 (c) A bail bond producer shall be licensed under Chapter 23a, Insurance Marketing -
2663 Licensing Producers, Consultants, and Reinsurance Intermediaries, as a limited lines producer.
2664 (2) A person applying for a bail bond surety company license under this chapter shall
2665 submit to the commissioner:
2666 (a) a completed application form as prescribed by the commissioner;
2667 (b) a fee as determined by the commissioner in accordance with Section [
2668 63J-1-504 ; and
2669 (c) any additional information required by rule.
2670 (3) Fees required under this section are not refundable.
2671 (4) Fees collected from a bail bond surety company shall be deposited in a restricted
2672 account created in Section 31A-35-407 .
2673 (5) (a) A bail bond surety company shall be domiciled in Utah.
2674 (b) A bail bond producer shall be a resident of Utah.
2675 (c) A foreign surety insurer that is granted a certificate to issue bail bonds may only
2676 issue bail bonds through a bail bond surety company licensed under this chapter.
2677 Section 68. Section 31A-35-406 is amended to read:
2678 31A-35-406. Renewal and reinstatement.
2679 (1) (a) To renew its license under this chapter, on or before the last day of the month in
2680 which the license expires a bail bond surety company shall:
2681 (i) complete and submit a renewal application to the department; and
2682 (ii) pay the department the applicable renewal fee established in accordance with
2683 Section [
2684 (b) A bail bond surety company shall renew its license under this chapter annually as
2685 established by department rule, regardless of when the license is issued.
2686 (2) A bail bond surety company may renew a bail bond surety company license not
2687 renewed under Subsection (1) within 30 days after the expiration date by:
2688 (a) submitting a renewal application required by Subsection (1); and
2689 (b) paying a late renewal fee established in accordance with Section [
2690 63J-1-504 .
2691 (3) A bail bond surety company may apply for reinstatement of an expired bail bond
2692 surety company license between 31 days and six months following the expiration of the license
2693 under Subsection (1) by:
2694 (a) submitting the renewal application required by Subsection (1); and
2695 (b) paying a license reinstatement fee established in accordance with Section
2696 [
2697 (4) If a bail bond surety company license has been expired for more than six months,
2698 the person applying for reinstatement of the bail bond surety license shall:
2699 (a) submit an application form to the commissioner; and
2700 (b) pay the application fee established in accordance with Section [
2701 63J-1-504 .
2702 (5) If a bail bond surety company license is suspended, the applicant may not submit an
2703 application for a bail bond surety company license until after the end of the period of
2704 suspension.
2705 (6) Fees collected under this section shall be deposited in the restricted account created
2706 in Section 31A-35-407 .
2707 Section 69. Section 31A-37-202 is amended to read:
2708 31A-37-202. Permissive areas of insurance.
2709 (1) (a) Except as provided in Subsection (1)(b), when permitted by its articles of
2710 incorporation or charter, a captive insurance company may apply to the commissioner for a
2711 certificate of authority to do all insurance authorized by this title except workers' compensation
2712 insurance.
2713 (b) Notwithstanding Subsection (1)(a):
2714 (i) a pure captive insurance company may not insure a risk other than a risk of:
2715 (A) its parent or affiliate;
2716 (B) a controlled unaffiliated business; or
2717 (C) a combination of Subsections (1)(b)(i)(A) and (B);
2718 (ii) an association captive insurance company may not insure a risk other than a risk of:
2719 (A) an affiliate;
2720 (B) a member organization of its association; and
2721 (C) an affiliate of a member organization of its association;
2722 (iii) an industrial insured captive insurance company may not insure a risk other than a
2723 risk of:
2724 (A) an industrial insured that is part of the industrial insured group;
2725 (B) an affiliate of an industrial insured that is part of the industrial insured group; and
2726 (C) a controlled unaffiliated business of:
2727 (I) an industrial insured that is part of the industrial insured group; or
2728 (II) an affiliate of an industrial insured that is part of the industrial insured group;
2729 (iv) a special purpose captive insurance company may only insure a risk of its parent;
2730 (v) a captive insurance company may not provide:
2731 (A) personal motor vehicle insurance coverage;
2732 (B) homeowner's insurance coverage; or
2733 (C) a component of a coverage described in this Subsection (1)(b)(v); and
2734 (vi) a captive insurance company may not accept or cede reinsurance except as
2735 provided in Section 31A-37-303 .
2736 (c) Notwithstanding Subsection (1)(b)(iv), for a risk approved by the commissioner a
2737 special purpose captive insurance company may provide:
2738 (i) insurance;
2739 (ii) reinsurance; or
2740 (iii) both insurance and reinsurance.
2741 (2) To conduct insurance business in this state a captive insurance company shall:
2742 (a) obtain from the commissioner a certificate of authority authorizing it to conduct
2743 insurance business in this state;
2744 (b) hold at least once each year in this state:
2745 (i) a board of directors meeting; or
2746 (ii) in the case of a reciprocal insurer, a subscriber's advisory committee meeting;
2747 (c) maintain in this state:
2748 (i) the principal place of business of the captive insurance company; or
2749 (ii) in the case of a branch captive insurance company, the principal place of business
2750 for the branch operations of the branch captive insurance company; and
2751 (d) except as provided in Subsection (3), appoint a resident registered agent to accept
2752 service of process and to otherwise act on behalf of the captive insurance company in this state.
2753 (3) Notwithstanding Subsection (2)(d), in the case of a captive insurance company
2754 formed as a corporation or a reciprocal insurer, if the registered agent cannot with reasonable
2755 diligence be found at the registered office of the captive insurance company, the commissioner
2756 is the agent of the captive insurance company upon whom process, notice, or demand may be
2757 served.
2758 (4) (a) Before receiving a certificate of authority, a captive insurance company:
2759 (i) formed as a corporation shall file with the commissioner:
2760 (A) a certified copy of:
2761 (I) articles of incorporation or the charter of the corporation; and
2762 (II) bylaws of the corporation;
2763 (B) a statement under oath of the president and secretary of the corporation showing
2764 the financial condition of the corporation; and
2765 (C) any other statement or document required by the commissioner under Section
2766 31A-37-106 ;
2767 (ii) formed as a reciprocal shall:
2768 (A) file with the commissioner:
2769 (I) a certified copy of the power of attorney of the attorney-in-fact of the reciprocal;
2770 (II) a certified copy of the subscribers' agreement of the reciprocal;
2771 (III) a statement under oath of the attorney-in-fact of the reciprocal showing the
2772 financial condition of the reciprocal; and
2773 (IV) any other statement or document required by the commissioner under Section
2774 31A-37-106 ; and
2775 (B) submit to the commissioner for approval a description of the:
2776 (I) coverages;
2777 (II) deductibles;
2778 (III) coverage limits;
2779 (IV) rates; and
2780 (V) any other information the commissioner requires under Section 31A-37-106 .
2781 (b) (i) If there is a subsequent material change in an item in the description required
2782 under Subsection (4)(a)(ii)(B) for a reciprocal captive insurance company, the reciprocal
2783 captive insurance company shall submit to the commissioner for approval an appropriate
2784 revision to the description required under Subsection (4)(a)(ii)(B).
2785 (ii) A reciprocal captive insurance company that is required to submit a revision under
2786 Subsection (4)(b)(i) may not offer any additional types of insurance until the commissioner
2787 approves a revision of the description.
2788 (iii) A reciprocal captive insurance company shall inform the commissioner of a
2789 material change in a rate within 30 days of the adoption of the change.
2790 (c) In addition to the information required by Subsection (4)(a), an applicant captive
2791 insurance company shall file with the commissioner evidence of:
2792 (i) the amount and liquidity of the assets of the applicant captive insurance company
2793 relative to the risks to be assumed by the applicant captive insurance company;
2794 (ii) the adequacy of the expertise, experience, and character of the person who will
2795 manage the applicant captive insurance company;
2796 (iii) the overall soundness of the plan of operation of the applicant captive insurance
2797 company;
2798 (iv) the adequacy of the loss prevention programs for the following of the applicant
2799 captive insurance company:
2800 (A) a parent;
2801 (B) a member organization; or
2802 (C) an industrial insured; and
2803 (v) any other factor the commissioner:
2804 (A) adopts by rule under Section 31A-37-106 ; and
2805 (B) considers relevant in ascertaining whether the applicant captive insurance company
2806 will be able to meet the policy obligations of the applicant captive insurance company.
2807 (d) In addition to the information required by Subsections (4)(a), (b), and (c), an
2808 applicant sponsored captive insurance company shall file with the commissioner:
2809 (i) a business plan at the level of detail required by the commissioner under Section
2810 31A-37-106 demonstrating:
2811 (A) the manner in which the applicant sponsored captive insurance company will
2812 account for the losses and expenses of each protected cell; and
2813 (B) the manner in which the applicant sponsored captive insurance company will report
2814 to the commissioner the financial history, including losses and expenses, of each protected cell;
2815 (ii) a statement acknowledging that the applicant sponsored captive insurance company
2816 will make all financial records of the applicant sponsored captive insurance company,
2817 including records pertaining to a protected cell, available for inspection or examination by the
2818 commissioner;
2819 (iii) a contract or sample contract between the applicant sponsored captive insurance
2820 company and a participant; and
2821 (iv) evidence that expenses will be allocated to each protected cell in an equitable
2822 manner.
2823 (5) (a) Information submitted pursuant to Subsection (4) is classified as a protected
2824 record under Title 63G, Chapter 2, Government Records Access and Management Act.
2825 (b) Notwithstanding Title 63G, Chapter 2, Government Records Access and
2826 Management Act, the commissioner may disclose information submitted pursuant to
2827 Subsection (4) to a public official having jurisdiction over the regulation of insurance in
2828 another state if:
2829 (i) the public official receiving the information agrees in writing to maintain the
2830 confidentiality of the information; and
2831 (ii) the laws of the state in which the public official serves require the information to be
2832 confidential.
2833 (c) This Subsection (5) does not apply to information provided by an industrial insured
2834 captive insurance company insuring the risks of an industrial insured group.
2835 (6) (a) A captive insurance company shall pay to the department the following
2836 nonrefundable fees established by the department under Sections 31A-3-103 and [
2837 63J-1-504 :
2838 (i) a fee for examining, investigating, and processing, by a department employee, of an
2839 application for a certificate of authority made by a captive insurance company;
2840 (ii) a fee for obtaining a certificate of authority for the year the captive insurance
2841 company is issued a certificate of authority by the department; and
2842 (iii) a certificate of authority renewal fee.
2843 (b) The commissioner may:
2844 (i) retain legal, financial, and examination services from outside the department to
2845 perform the services described in:
2846 (A) Subsection (6)(a); and
2847 (B) Section 31A-37-502 ; and
2848 (ii) charge the reasonable cost of services described in Subsection (6)(b)(i) to the
2849 applicant captive insurance company.
2850 (7) If the commissioner is satisfied that the documents and statements filed by the
2851 applicant captive insurance company comply with this chapter, the commissioner may grant a
2852 certificate of authority authorizing the company to do insurance business in this state.
2853 (8) A certificate of authority granted under this section expires annually and must be
2854 renewed by July 1 of each year.
2855 Section 70. Section 34A-1-106 is amended to read:
2856 34A-1-106. Fees.
2857 (1) Unless otherwise provided by statute, the commission may adopt a schedule of fees
2858 assessed for services provided by the commission by following the procedures and
2859 requirements of Section [
2860 (2) The commission shall submit each fee established under this section to the
2861 Legislature for its approval as part of the commission's annual appropriations request.
2862 Section 71. Section 34A-7-104 is amended to read:
2863 34A-7-104. Fees.
2864 The owner or user of a boiler required by this part to be inspected shall pay to the
2865 commission fees for inspection or for permits to operate in amounts set by the commission
2866 pursuant to Section [
2867 Section 72. Section 34A-7-203 is amended to read:
2868 34A-7-203. Requirements for operating an elevator or escalator -- Inspection --
2869 Division duties.
2870 (1) An elevator or escalator may not operate in this state unless:
2871 (a) the owner or operator of the elevator or escalator obtains an inspection certificate
2872 under Subsection (3); and
2873 (b) the inspection certificate described in Subsection (1)(a) has not:
2874 (i) expired under Subsection (3); or
2875 (ii) been suspended under Section 34A-7-204 .
2876 (2) An elevator or escalator used or proposed to be used in this state shall be inspected
2877 as to its safety to operate in accordance with the safety code:
2878 (a) every two years; or
2879 (b) more frequently than every two years if the division determines that more frequent
2880 inspections are necessary.
2881 (3) (a) If upon inspection an elevator or escalator is safe to operate in accordance with
2882 the safety code, the inspector shall issue to the owner or operator an inspection certificate.
2883 (b) An inspection certificate issued under Subsection (3)(a) shall expire two years from
2884 the date the inspection certificate is issued.
2885 (4) An inspector employed by the division under this part shall at all times meet
2886 nationally recognized standards of qualifications for inspectors of elevators and escalators, as
2887 defined by rule by the division.
2888 (5) The owner or operator of an elevator or escalator that is used in the state shall pay
2889 to the commission a fee in amounts set by the commission pursuant to Section [
2890 63J-1-504 :
2891 (a) for inspection; and
2892 (b) for an inspection certificate.
2893 (6) The division:
2894 (a) shall provide for the inspection of elevators and escalators in accordance with this
2895 section;
2896 (b) shall adopt by rule one or more nationally recognized standards or other safety
2897 codes to be used in inspecting elevators or escalators; and
2898 (c) may adopt amendments to the safety code adopted under Subsection (6)(b).
2899 Section 73. Section 35A-1-106 is amended to read:
2900 35A-1-106. Fees.
2901 (1) Unless otherwise provided by statute, the department may adopt a schedule of fees
2902 assessed for services provided by the department by following the procedures and requirements
2903 of Section [
2904 (2) The department shall submit each fee established under this section to the
2905 Legislature for its approval as part of the department's annual appropriations request.
2906 Section 74. Section 36-12-13 is amended to read:
2907 36-12-13. Office of Legislative Fiscal Analyst established -- Powers, functions,
2908 and duties -- Qualifications.
2909 (1) There is established an Office of Legislative Fiscal Analyst as a permanent staff
2910 office for the Legislature.
2911 (2) The powers, functions, and duties of the Office of Legislative Fiscal Analyst under
2912 the supervision of the fiscal analyst are:
2913 (a) to analyze in detail the executive budget before the convening of each legislative
2914 session and make recommendations to the Legislature on each item or program appearing in
2915 the executive budget;
2916 (b) to prepare cost estimates on all proposed bills that anticipate state government
2917 expenditures;
2918 (c) to prepare cost estimates on all proposed bills that anticipate expenditures by
2919 county, municipal, local district, or special service district governments;
2920 (d) to prepare cost estimates on all proposed bills that anticipate direct expenditures by
2921 any Utah resident, and the cost to the overall impacted Utah resident population;
2922 (e) to prepare a review and analysis of revenue estimates for existing and proposed
2923 revenue acts;
2924 (f) to report instances in which the administration may be failing to carry out the
2925 expressed intent of the Legislature;
2926 (g) to direct attention to each new proposed service contained in the governor's budget;
2927 (h) to direct attention to each budget item previously denied by the Legislature;
2928 (i) to propose and analyze statutory changes for more effective operational economies
2929 or more effective administration;
2930 (j) to prepare, after each session of the Legislature, a summary showing the effect of
2931 the final legislative program on the financial condition of the state;
2932 (k) to conduct organizational and management improvement studies;
2933 (l) to prepare and deliver upon request of any interim committee or the Legislative
2934 Management Committee, reports on the finances of the state and on anticipated or proposed
2935 requests for appropriations;
2936 (m) to recommend areas for research studies by the executive department or the interim
2937 committees;
2938 (n) to assist in prescribing the format for the presentation of the governor's budget to
2939 facilitate program and in-depth review of state expenditures in accordance with Sections
2940 [
2941 (o) to recommend to the appropriations subcommittees the agencies or programs for
2942 which an in-depth budget review should be requested, and to recommend to the Legislative
2943 Management Committee the priority in which the request should be made;
2944 (p) to appoint and develop a professional staff within budget limitations; and
2945 (q) to prepare and submit the annual budget request for the office.
2946 (3) (a) In accordance with Subsection (3)(b) and subject to Subsection (3)(c), the
2947 Office of Legislative Fiscal Analyst shall submit an annual report to the Executive
2948 Appropriations Committee of the Legislature, at the committee's November meeting, on funds
2949 expended by the state during the preceding state fiscal year to provide financial assistance or
2950 services to low-income individuals and families.
2951 (b) The report described in Subsection (3)(a) shall:
2952 (i) separate the funds expended into categories by program, service, or population
2953 served;
2954 (ii) indicate whether the expended funds described in Subsection (3)(a) are state or
2955 federal funds; and
2956 (iii) include a total of all state funds and federal funds expended by the state in the
2957 preceding fiscal year to provide financial assistance or services to low-income individuals and
2958 families.
2959 (c) If the Executive Appropriations Committee of the Legislature does not meet in
2960 November, the Office of Legislative Fiscal Analyst shall submit the report described in
2961 Subsection (3)(a) at the committee's next meeting.
2962 (4) The legislative fiscal analyst shall have a master's degree in public administration,
2963 political science, economics, accounting, or the equivalent in academic or practical experience.
2964 (5) In carrying out the duties provided for in this section, the legislative fiscal analyst
2965 may obtain access to all records, documents, and reports necessary to the scope of the
2966 legislative fiscal analyst's duties according to the procedures contained in Title 36, Chapter 14,
2967 Legislative Subpoena Powers.
2968 Section 75. Section 38-1-27 is amended to read:
2969 38-1-27. State Construction Registry -- Form and contents of notice of
2970 commencement, preliminary notice, and notice of completion.
2971 (1) As used in this section and Sections 38-1-30 through 38-1-37 :
2972 (a) "Alternate filing" means a legible and complete filing made in a manner established
2973 by the division under Subsection (2)(e) other than an electronic filing.
2974 (b) "Cancel" means to indicate that a filing is no longer given effect.
2975 (c) "Construction project," "project," or "improvement" means all labor, equipment,
2976 and materials provided:
2977 (i) under an original contract; or
2978 (ii) by, or under contracts with, an owner-builder.
2979 (d) "Database" means the State Construction Registry created in this section.
2980 (e) (i) "Designated agent" means the third party the Division of Occupational and
2981 Professional Licensing contracts with to create and maintain the State Construction Registry.
2982 (ii) The designated agent is not an agency, instrumentality, or a political subdivision of
2983 the state.
2984 (f) "Division" means the Division of Occupational and Professional Licensing.
2985 (g) "Interested person" means a person who may be affected by a construction project.
2986 (h) "Program" means the State Construction Registry Program created in this section.
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