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H.B. 297 Enrolled
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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
366 secretary or an assistant secretary and verified by one of the officers of each association and
367 corporation 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
427 and 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;
434 and
435 (o) perform any additional functions, powers, and duties provided by law.
436 (2) The department, by following the procedures and requirements of Section
437 [
438 department.
439 (3) (a) No marketing order issued under Subsection (1)(e) shall take effect until:
440 (i) the department gives notice of the proposed order to the producers and handlers of
441 the affected product;
442 (ii) the commissioner conducts a hearing on the proposed order; and
443 (iii) at least 50% of the registered producers and handlers of the affected products vote
444 in favor of the proposed order.
445 (b) (i) The department may establish boards of control to administer marketing orders
446 and the proceeds derived from any order.
447 (ii) The board of control shall:
448 (A) ensure that all proceeds are placed in an account in the board of control's name in
449 a depository institution; and
450 (B) ensure that the account is annually audited by an accountant approved by the
451 commissioner.
452 (4) Funds collected by grain grading, as provided by Subsection (1)(g), shall be
453 deposited in the General Fund as nonlapsing dedicated credits for the grain grading program.
454 Section 4. Section 4-3-14 is amended to read:
455 4-3-14. Sale of raw milk -- Suspension of producer's permit -- Severability not
456 permitted.
457 (1) As used in this section:
458 (a) "Batch" means all the milk emptied from one bulk tank and bottled in a single day.
459 (b) "Self-owned retail store" means a retail store:
460 (i) of which the producer owns at least 51% of the value of the real property and
461 tangible personal property used in the operations of the retail store; or
462 (ii) for which the producer has the power to vote at least 51% of any class of voting
463 shares or ownership interest in the business entity that operates the retail store.
464 (2) Raw milk may be sold if:
465 (a) the producer obtains a permit from the department to produce milk under
466 Subsection 4-3-8(5);
467 (b) the sale and delivery of the milk is made upon the premises where the milk is
468 produced, except as provided by Subsection (3);
469 (c) it is sold to consumers for household use and not for resale;
470 (d) it is bottled or packaged under sanitary conditions and in sanitary containers on the
471 premises where the milk is produced;
472 (e) it is labeled "raw milk" and meets the labeling requirements under 21 C.F.R. Parts
473 101 and 131 and rules established by the department;
474 (f) it is:
475 (i) cooled to 50 degrees Fahrenheit or a lower temperature within one hour after being
476 drawn from the animal;
477 (ii) further cooled to 41 degrees Fahrenheit within two hours of being drawn from the
478 animal; and
479 (iii) maintained at 41 degrees Fahrenheit or a lower temperature until it is delivered to
480 the consumer;
481 (g) the bacterial count of the milk does not exceed 20,000 colony forming units per
482 milliliter;
483 (h) the bacterial plate count and the coliform count of the milk meet the bacterial and
484 coliform enforcement standards for grade A pasteurized milk;
485 (i) the production of the milk conforms to departmental rules for the production of
486 grade A milk;
487 (j) all dairy animals on the premises are:
488 (i) permanently and individually identifiable; and
489 (ii) free of tuberculosis, brucellosis, and other diseases carried through milk; and
490 (k) any person on the premises performing any work in connection with the
491 production, bottling, handling, or sale of the milk is free from communicable disease.
492 (3) A producer may sell raw whole milk at a self-owned retail store, which is properly
493 staffed, if, in addition to the requirements of Subsection (2), the producer:
494 (a) transports the milk from the premises where the milk is produced to the self-owned
495 retail store in a refrigerated truck where the milk is maintained at 41 degrees Fahrenheit or a
496 lower temperature;
497 (b) retains ownership of the milk until it is sold to the final consumer, including
498 transporting the milk from the premises where the milk is produced to the self-owned retail
499 store without any:
500 (i) intervening storage;
501 (ii) change of ownership; or
502 (iii) loss of physical control;
503 (c) stores the milk at 41 degrees Fahrenheit or a lower temperature in a display case
504 equipped with a properly calibrated thermometer at the self-owned retail store;
505 (d) places a sign above the display case at the self-owned retail store that reads, "Raw
506 Unpasteurized Milk";
507 (e) labels the milk with:
508 (i) a date, no more than nine days after the milk is produced, by which the milk should
509 be sold;
510 (ii) the statement "Raw milk, no matter how carefully produced, may be unsafe.";
511 (iii) handling instructions to preserve quality and avoid contamination or spoilage; and
512 (iv) any other information required by rule;
513 (f) refrains from offering the milk for sale until:
514 (i) each batch of milk is tested for standard plate count and coliform count from an
515 official sample taken at the self-owned retail store and tested by a third party certified by the
516 department; and
517 (ii) the test results meet the minimum standards established for those tests;
518 (g) (i) maintains a database of the milk sales; and
519 (ii) makes the database available to the Department of Health during the self-owned
520 retail store's business hours for purposes of epidemiological investigation;
521 (h) refrains from offering any pasteurized milk at the self-owned retail store;
522 (i) ensures that the plant and retail store complies with Title 4, Chapter 5, Utah
523 Wholesome Food Act, and the rules governing food establishments enacted under Section
524 4-5-9;
525 (j) participates in a hazard analysis critical control point system as established by the
526 United States Food and Drug Administration;
527 (k) conducts monthly tests on a sample taken from a batch of milk for:
528 (i) Listeria monocytogenes;
529 (ii) Salmonella typhimurium;
530 (iii) Salmonella dublin;
531 (iv) Campylobacter jejuni; and
532 (v) E. Coli 0157:H7; and
533 (l) complies with all applicable rules adopted as authorized by this chapter.
534 (4) The person conducting the tests required by Subsection (3) shall send a copy of the
535 test results to the department as soon as the test results are available.
536 (5) (a) The department shall adopt rules, as authorized by Section 4-3-2, governing the
537 sale of raw whole milk at a self-owned retail store.
538 (b) The rules adopted by the department shall include rules regarding:
539 (i) permits;
540 (ii) building and premises requirements;
541 (iii) sanitation and operating requirements, including bulk milk tanks requirements;
542 (iv) additional tests, including a test for pathogens;
543 (v) frequency of inspections, including random cooler checks;
544 (vi) recordkeeping; and
545 (vii) packaging and labeling.
546 (c) (i) The department shall establish a fee for the tests and inspections required by
547 this section and by rule by following the procedures and requirements of Section [
548 63J-1-504 .
549 (ii) Notwithstanding Section [
550 fees as dedicated credits and may only use the fees to administer and enforce this section.
551 (6) (a) The department shall suspend a permit issued under Section 4-3-8 if a producer
552 violates any provision of this section or any rules adopted as authorized by this section.
553 (b) The department may reissue a permit that has been suspended under Subsection
554 (6)(a) if the producer has complied with all of the requirements of this section and rules
555 adopted as authorized by this section.
556 (7) For 2008 and 2009, the Department of Health and the Department of Agriculture
557 and Food shall report on or before November 30th to the Natural Resources, Agriculture, and
558 Environment Interim Committee and the Health and Human Services Interim Committee on
559 any health problems resulting from the sale of raw whole milk at self-owned retail stores.
560 (8) (a) If any subsection of this section or the application of any subsection to any
561 person or circumstance is held invalid by a final decision of a court of competent jurisdiction,
562 the remainder of the section may not be given effect without the invalid subsection or
563 application.
564 (b) The provisions of this section may not be severed.
565 Section 5. Section 4-14-3 is amended to read:
566 4-14-3. Registration required for distribution -- Application -- Fees -- Renewal --
567 Local needs registration -- Distributor or applicator license -- Fees -- Renewal.
568 (1) (a) No person may distribute a pesticide in this state that is not registered with the
569 department.
570 (b) Application for registration shall be made to the department upon forms prescribed
571 and furnished by it accompanied with an annual registration fee determined by the department
572 pursuant to Subsection 4-2-2 (2) for each pesticide registered.
573 (c) Upon receipt by the department of a proper application and payment of the
574 appropriate fee, the commissioner shall issue a registration to the applicant allowing
575 distribution of the registered pesticide in this state through June 30 of each year, subject to
576 suspension or revocation for cause.
577 (d) (i) Each registration is renewable for a period of one year upon the payment of an
578 annual registration renewal fee in an amount equal to the current applicable original
579 registration fee.
580 (ii) Each renewal fee shall be paid on or before June 30 of each year.
581 (2) The application shall include the following information:
582 (a) the name and address of the applicant and the name and address of the person
583 whose name will appear on the label, if other than the applicant's name;
584 (b) the name of the pesticide;
585 (c) a complete copy of the label which will appear on the pesticide; and
586 (d) any information prescribed by rule of the department considered necessary for the
587 safe and effective use of the pesticide.
588 (3) (a) Forms for the renewal of registration shall be mailed to registrants at least 30
589 days before their registration expires.
590 (b) A registration in effect on June 30 for which a renewal application has been filed
591 and the registration fee tendered shall continue in effect until the applicant is notified either
592 that the registration is renewed or that it is suspended or revoked pursuant to Section 4-14-8 .
593 (4) The department may, before approval of any registration, require the applicant to
594 submit the complete formula of any pesticide including active and inert ingredients and may
595 also, for any pesticide not registered according to 7 U.S.C. Sec. 136a or for any pesticide on
596 which restrictions are being considered, require a complete description of all tests and test
597 results that support the claims made by the applicant or the manufacturer of the pesticide.
598 (5) A registrant who desires to register a pesticide to meet special local needs
599 according to 7 U.S.C. Sec. 136v(c) shall, in addition to complying with Subsections (1) and
600 (2), satisfy the department that:
601 (a) a special local need exists;
602 (b) the pesticide warrants the claims made for it;
603 (c) the pesticide, if used in accordance with commonly accepted practices, will not
604 cause unreasonable adverse effects on the environment; and
605 (d) the proposed classification for use conforms with 7 U.S.C. Sec. 136a(d).
606 (6) No registration is required for a pesticide distributed in this state pursuant to an
607 experimental use permit issued by the EPA or under Section 4-14-5 .
608 (7) No pesticide dealer may distribute a restricted use pesticide in this state without a
609 license.
610 (8) A person must receive a license before applying:
611 (a) a restricted use pesticide; or
612 (b) a general use pesticide for hire or in exchange for compensation.
613 (9) (a) A license to engage in an activity listed in Subsection (7) or (8) may be
614 obtained by:
615 (i) submitting an application on a form provided by the department;
616 (ii) paying the license fee determined by the department according to Subsection
617 4-2-2 (2); and
618 (iii) complying with the rules adopted as authorized by this chapter.
619 (b) A person may apply for a license that expires on December 31:
620 (i) of the calendar year in which the license is issued; or
621 (ii) of the second calendar year after the calendar year in which the license is issued.
622 (c) (i) Notwithstanding Section [
623 fees as dedicated credits and may only use the fees to administer and enforce this chapter.
624 (ii) The Legislature may annually designate the revenue generated from the fee as
625 nonlapsing in an appropriations act.
626 Section 6. Section 4-14-13 is amended to read:
627 4-14-13. Registration required for a pesticide business.
628 (1) A pesticide applicator business shall register with the department by:
629 (a) submitting an application on a form provided by the department;
630 (b) paying the registration fee; and
631 (c) certifying that the business is in compliance with this chapter and departmental
632 rules authorized by this chapter.
633 (2) (a) By following the procedures and requirements of Section [
634 63J-1-504 , the department shall establish a registration fee based on the number of pesticide
635 applicators employed by the pesticide applicator business.
636 (b) (i) Notwithstanding Section [
637 fees as dedicated credits and may only use the fees to administer and enforce this chapter.
638 (ii) The Legislature may annually designate the revenue generated from the fee as
639 nonlapsing in an appropriations act.
640 (3) (a) The department shall issue a pesticide applicator business a registration
641 certificate if the pesticide applicator business:
642 (i) has complied with the requirements of this section; and
643 (ii) meets the qualifications established by rule.
644 (b) The department shall notify the pesticide applicator business in writing that the
645 registration is denied if the pesticide applicator business does not meet the registration
646 qualifications.
647 (4) A registration certificate expires on December 31 of the second calendar year after
648 the calendar year in which the registration certificate is issued.
649 (5) (a) The department may suspend a registration certificate if the pesticide applicator
650 business violates this chapter or any rules authorized by it.
651 (b) A pesticide applicator business whose registration certificate has been suspended
652 may apply to the department for reinstatement of the registration certificate by demonstrating
653 compliance with this chapter and rules authorized by it.
654 (6) A pesticide applicator business shall:
655 (a) only employ a pesticide applicator who has received a license from the department,
656 as required by Section 4-14-3 ; and
657 (b) ensure that all employees comply with this chapter and the rules authorized by it.
658 Section 7. Section 4-37-201 is amended to read:
659 4-37-201. Certificate of registration required to operate an aquaculture facility.
660 (1) A person may not operate an aquaculture facility without first obtaining a
661 certificate of registration from the department.
662 (2) (a) Each application for a certificate of registration to operate an aquaculture
663 facility shall be accompanied by a fee.
664 (b) The fee shall be established by the department in accordance with Section
665 [
666 (3) The department shall coordinate with the Division of Wildlife Resources:
667 (a) on the suitability of the proposed site relative to potential impacts on adjacent
668 aquatic wildlife populations; and
669 (b) in determining which species the holder of the certificate of registration may
670 propagate, possess, transport, or sell.
671 (4) The department shall list on the certificate of registration the species which the
672 holder may propagate, possess, transport, or sell.
673 Section 8. Section 4-37-301 is amended to read:
674 4-37-301. Certificate of registration required to operate a fee fishing facility.
675 (1) A person may not operate a fee fishing facility without first obtaining a certificate
676 of registration from the department.
677 (2) (a) Each application for a certificate of registration to operate a fee fishing facility
678 shall be accompanied by a fee.
679 (b) The fee shall be established by the department in accordance with Section
680 [
681 (3) The department shall coordinate with the Division of Wildlife Resources:
682 (a) on the suitability of the proposed site relative to potential impacts on adjacent
683 aquatic wildlife populations; and
684 (b) in determining which species the holder of the certificate of registration may
685 possess or transport to or stock into the facility.
686 (4) The department shall list on the certificate of registration the species which the
687 holder may possess or transport to or stock into the facility.
688 (5) A person holding a certificate of registration for an aquaculture facility may also
689 operate a fee fishing facility without obtaining an additional certificate of registration, if the
690 fee fishing facility:
691 (a) is in a body of water meeting the criteria of Section 4-37-111 which is connected
692 with the aquaculture facility;
693 (b) contains only those aquatic animals specified on the certificate of registration for
694 the aquaculture facility; and
695 (c) is designated on the certificate of registration for the aquaculture facility.
696 Section 9. Section 4-39-203 is amended to read:
697 4-39-203. License required to operate a domesticated elk facility.
698 (1) A person may not operate a domesticated elk facility without first obtaining a
699 license from the department.
700 (2) (a) Each application for a license to operate a domesticated elk facility shall be
701 accompanied by a fee.
702 (b) The fee shall be established by the department in accordance with Section
703 [
704 (3) Each applicant for a domesticated elk facility license shall submit an application
705 providing all information in the form and manner as required by the department.
706 (4) (a) No license shall be issued until the department has inspected and approved the
707 facility.
708 (b) The department shall:
709 (i) notify the Division of Wildlife Resources at least 48 hours prior to a scheduled
710 inspection so that a Division of Wildlife Resources representative may be present at the
711 inspection; and
712 (ii) provide the Division of Wildlife Resources with copies of all licensing and
713 inspection reports.
714 (5) Each separate location of the domesticated elk operation shall be licensed
715 separately.
716 (6) (a) If a domesticated elk facility is operated under more than one business name
717 from a single location, the name of each operation shall be listed with the department in the
718 form and manner required by the department.
719 (b) The department shall require that a separate fee be paid for each business name
720 listed.
721 (c) If a domesticated elk facility operates under more than one business name from a
722 single location, the facility shall maintain separate records.
723 (7) Each person or business entity with an equity interest in the domesticated elk shall
724 be listed on the application for license.
725 (8) Each domesticated elk facility license shall expire on July 1 in the year following
726 the year of issuance.
727 (9) Each licensee shall report to the department, in the form and manner required by
728 the department, any change in the information provided in the licensee's application or in the
729 reports previously submitted, within 15 days of each change.
730 (10) Licenses issued pursuant to this section are not transferable.
731 Section 10. Section 12-1-10 is amended to read:
732 12-1-10. Applications -- Fees.
733 (1) Each application for registration under this chapter shall be made on a form
734 provided by the Division of Corporations and Commercial Code.
735 (2) Each applicant shall pay to the Division of Corporations and Commercial Code an
736 application fee determined under Section [
737 Section 11. Section 13-1-2 is amended to read:
738 13-1-2. Creation and functions of department -- Divisions created -- Fees.
739 (1) (a) There is created the Department of Commerce.
740 (b) The department shall execute and administer state laws regulating business
741 activities and occupations affecting the public interest.
742 (2) Within the department the following divisions are created:
743 (a) the Division of Occupational and Professional Licensing;
744 (b) the Division of Real Estate;
745 (c) the Division of Securities;
746 (d) the Division of Public Utilities;
747 (e) the Division of Consumer Protection; and
748 (f) the Division of Corporations and Commercial Code.
749 (3) (a) Unless otherwise provided by statute, the department may adopt a schedule of
750 fees assessed for services provided by the department by following the procedures and
751 requirements of Section [
752 (b) The department shall submit each fee established in this manner to the Legislature
753 for its approval as part of the department's annual appropriations request.
754 (c) (i) All fees collected by each division and by the department shall be deposited in a
755 restricted account within the General Fund known as the Commerce Service Fund.
756 (ii) At the end of each fiscal year, the director of the Division of Finance shall transfer
757 into the General Fund any fee collections that are greater than the legislative appropriations
758 from the Commerce Service Fund for that year.
759 (d) The department may not charge or collect any fee nor expend monies from this
760 fund without approval by the Legislature.
761 Section 12. Section 13-1a-9 is amended to read:
762 13-1a-9. Fees of Division of Corporations and Commercial Code.
763 In addition to the fees prescribed by Title 16, Chapter 6a, Utah Revised Nonprofit
764 Corporation Act, and Title 16, Chapter 10a, Utah Revised Business Corporation Act, the
765 Division of Corporations and Commercial Code shall receive and determine fees pursuant to
766 Section [
767 corporations, of canal or irrigation corporations organized for furnishing water to lands owned
768 by the members thereof exclusively, or of water users' associations organized in conformity
769 with the requirements of the United States under the Reclamation Act of June 17, 1902, and
770 which are authorized to furnish water only to their stockholders. No license fee may be
771 imposed on insurance corporations, canal or irrigation corporations organized for furnishing
772 water to lands owned by the members thereof exclusively, or water users' associations
773 organized in conformity with the requirements of the United States under the Reclamation Act
774 of June 17, 1902, and which are authorized to furnish water only to the stockholders at the
775 time any such corporation files its articles of incorporation, articles of amendment increasing
776 the number of authorized shares, or articles of merger or consolidation, any provision of Title
777 16, Chapter 10a, Utah Revised Business Corporation Act, to the contrary notwithstanding.
778 Section 13. Section 13-14-105 is amended to read:
779 13-14-105. Registration -- Fees.
780 (1) A franchisee or franchisor doing business in this state shall:
781 (a) annually register or renew its registration with the department in a manner
782 established by the department; and
783 (b) pay an annual registration fee in an amount determined by the department in
784 accordance with Sections 13-1-2 and [
785 (2) The department shall register or renew the registration of a franchisee or franchisor
786 if the franchisee or franchisor complies with this chapter and rules made by the department
787 under this chapter.
788 (3) A franchisee or franchisor registered under this section shall comply with this
789 chapter and any rules made by the department under this chapter including any amendments to
790 this chapter or the rules made after a franchisee or franchisor enter into a franchise agreement.
791 (4) The fee imposed under Subsection (1)(b) shall be collected by the department and
792 deposited into the Commerce Service Fund.
793 (5) Notwithstanding Subsection (1), an agent, officer, or field or area representative of
794 a franchisor does not need to be registered under this section if the franchisor is registered
795 under this section.
796 Section 14. Section 13-15-4 is amended to read:
797 13-15-4. Information to be filed by seller -- Representations.
798 (1) Any seller of an assisted marketing plan shall file the following information with
799 the division:
800 (a) the name, address, and principal place of business of the seller, and the name,
801 address, and principal place of business of the parent or holding company of the seller, if any,
802 who is responsible for statements made by the seller;
803 (b) all trademarks, trade names, service marks, or advertising or other commercial
804 symbols that identify the products, equipment, supplies, or services to be offered, sold, or
805 distributed by the prospective purchaser;
806 (c) an individual detailed statement covering the past five years of the business
807 experience of each of the seller's current directors and executive officers and an individual
808 statement covering the same period for the seller and the seller's parent company, if any,
809 including the length of time each:
810 (i) has conducted a business of the type advertised or solicited for operation by a
811 prospective purchaser;
812 (ii) has offered or sold the assisted marketing plan; and
813 (iii) has offered for sale or sold assisted marketing plans in other lines of business,
814 together with a description of the other lines of business;
815 (d) a statement of the total amount that must be paid by the purchaser to obtain or
816 commence the business opportunity such as initial fees, deposits, down payments, prepaid
817 rent, and equipment and inventory purchases; provided, that if all or part of these fees or
818 deposits are returnable, the conditions under which they are returnable shall also be disclosed;
819 (e) a complete statement of the actual services the seller will perform for the
820 purchaser;
821 (f) a complete statement of all oral, written, or visual representations that will be made
822 to prospective purchasers about specific levels of potential sales, income, gross and net profits,
823 or any other representations that suggest a specific level;
824 (g) a complete description of the type and length of any training promised to
825 prospective purchasers;
826 (h) a complete description of any services promised to be performed by the seller in
827 connection with the placement of the equipment, products, or supplies at any location from
828 which they will be sold or used; and a complete description of those services together with any
829 agreements that will be made by the seller with the owner or manager of the location where the
830 purchaser's equipment, products, or supplies will be placed;
831 (i) a statement that discloses any person identified in Subsection (1)(a) who:
832 (i) has been convicted of a felony or misdemeanor or pleaded nolo contendere to a
833 felony or misdemeanor charge if the felony or misdemeanor involved fraud, embezzlement,
834 fraudulent conversion, or misappropriation of property;
835 (ii) has been held liable or consented to the entry of a stipulated judgment in any civil
836 action based upon fraud, embezzlement, fraudulent conversion, misappropriation of property,
837 or the use of untrue or misleading representations in the sale or attempted sale of any real or
838 personal property, or upon the use of any unfair, unlawful or deceptive business practice; or
839 (iii) is subject to an injunction or restrictive order relating to business activity as the
840 result of an action brought by a public agency;
841 (j) a financial statement of the seller signed by one of the seller's officers, directors,
842 trustees, or general or limited partners, under a declaration that certifies that to the signatory's
843 knowledge and belief the information in the financial statement is true and accurate; a
844 financial statement that is more than 13 months old is unacceptable;
845 (k) a copy of the entire marketing plan contract;
846 (l) the number of marketing plans sold to date, and the number of plans under
847 negotiation;
848 (m) geographical information including all states in which the seller's assisted
849 marketing plans have been sold, and the number of plans in each such state;
850 (n) the total number of marketing plans that were cancelled by the seller in the past 12
851 months; and
852 (o) the number of marketing plans that were voluntarily terminated by purchasers
853 within the past 12 months and the total number of such voluntary terminations to date.
854 (2) The seller of an assisted marketing plan filing information under Subsection (1)
855 shall pay a fee as determined by the department in accordance with Section [
856 63J-1-504 .
857 (3) Before commencing business in this state, the seller of an assisted marketing plan
858 shall file the information required under Subsection (1) and receive from the division proof of
859 receipt of the filing.
860 (4) A seller of an assisted marketing plan claiming an exemption from filing under this
861 chapter shall file a notice of claim of exemption from filing with the division. A seller
862 claiming an exemption from filing bears the burden of proving the exemption. The division
863 shall collect a fee for filing a notice of claim of exemption, as determined by the department in
864 accordance with Section [
865 (5) A representation described in Subsection (1)(f) shall be relevant to the geographic
866 market in which the business opportunity is to be located. When the statements or
867 representations are made, a warning after the representation in not less than 12 point upper and
868 lower case boldface type shall appear as follows:
869
870 No guarantee of earnings or ranges of earnings can be made. The number of purchasers
871 who have earned through this business an amount in excess of the amount of their initial
872 payment is at least _____ which represents _____% of the total number of purchasers of this
873 business opportunity.
874 Section 15. Section 13-15-4.5 is amended to read:
875 13-15-4.5. Notice of exemption filing.
876 (1) (a) Any franchise exempt from this chapter pursuant to Subsection
877 13-15-2 (1)(b)(iii) shall, prior to offering for sale or selling a franchise to be located in this
878 state or to a resident of this state, file with the division a notice that the franchisor is in
879 substantial compliance with the requirements of the Federal Trade Commission rule found at
880 Title 16, Chapter I, Subchapter d, Trade Regulation Rules, Part 436, Disclosure Requirements
881 and Prohibitions Concerning Franchising and Business Opportunity Ventures, together with a
882 filing fee determined by the department pursuant to Section [
883 exceed $100.
884 (b) The notice shall state:
885 (i) the name of the applicant;
886 (ii) the name of the franchise;
887 (iii) the name under which the applicant intends to or does transact business, if
888 different than the name of the franchise;
889 (iv) the applicant's principal business address; and
890 (v) the applicant's federal employer identification number.
891 (2) (a) The initial exemption granted under this section is for a period of one year from
892 the date of filing the notice.
893 (b) The exemption may be renewed each year for an additional one-year period upon
894 filing a notice for renewal and paying a renewal fee determined pursuant to Section
895 [
896 (3) The division may make rules to implement this section.
897 Section 16. Section 13-21-3 is amended to read:
898 13-21-3. Credit services organizations -- Prohibitions.
899 (1) A credit services organization, its salespersons, agents, and representatives, and
900 independent contractors who sell or attempt to sell the services of a credit services
901 organization may not do any of the following:
902 (a) conduct any business regulated by this chapter without first:
903 (i) securing a certificate of registration from the division; and
904 (ii) unless exempted under Section 13-21-4 , posting a bond, letter of credit, or
905 certificate of deposit with the division in the amount of $100,000;
906 (b) make a false statement, or fail to state a material fact, in connection with an
907 application for registration with the division;
908 (c) charge or receive any money or other valuable consideration prior to full and
909 complete performance of the services the credit services organization has agreed to perform for
910 the buyer;
911 (d) dispute or challenge, or assist a person in disputing or challenging an entry in a
912 credit report prepared by a consumer reporting agency without a factual basis for believing
913 and obtaining a written statement for each entry from the person stating that that person
914 believes that the entry contains a material error or omission, outdated information, inaccurate
915 information, or unverifiable information;
916 (e) charge or receive any money or other valuable consideration solely for referral of
917 the buyer to a retail seller who will or may extend credit to the buyer, if the credit that is or
918 will be extended to the buyer is upon substantially the same terms as those available to the
919 general public;
920 (f) make, or counsel or advise any buyer to make, any statement that is untrue or
921 misleading and that is known, or that by the exercise of reasonable care should be known, to
922 be untrue or misleading, to a credit reporting agency or to any person who has extended credit
923 to a buyer or to whom a buyer is applying for an extension of credit, with respect to a buyer's
924 creditworthiness, credit standing, or credit capacity;
925 (g) make or use any untrue or misleading representations in the offer or sale of the
926 services of a credit services organization or engage, directly or indirectly, in any act, practice,
927 or course of business that operates or would operate as fraud or deception upon any person in
928 connection with the offer or sale of the services of a credit services organization; and
929 (h) transact any business as a credit services organization, as defined in Section
930 13-21-2 , without first having registered with the division by paying an annual fee set pursuant
931 to Section [
932 as required by Subsection [
933 (2) (a) A bond, letter of credit from a Utah depository, or certificate of deposit posted
934 with the division shall be used to cover the losses of any person arising from a violation of this
935 chapter by the posting credit services organization. A bond, letter of credit, or certificate of
936 deposit may also be used to satisfy administrative fines and civil damages arising from any
937 enforcement action against the posting credit service organization.
938 (b) A bond, letter of credit, or certificate of deposit shall remain in force:
939 (i) until replaced by a bond, letter of credit, or certificate of deposit of identical or
940 superior coverage; or
941 (ii) for one year after the credit servicing organization notifies the division in writing
942 that it has ceased all activities regulated by this chapter.
943 Section 17. Section 13-22-6 is amended to read:
944 13-22-6. Application for registration.
945 (1) An applicant for registration or renewal of registration as a charitable organization
946 shall:
947 (a) pay an application fee as determined under Section [
948 (b) submit an application on a form approved by the division which shall include:
949 (i) the organization's name, address, telephone number, facsimile number, if any, and
950 the names and addresses of any organizations or persons controlled by, controlling, or
951 affiliated with the applicant;
952 (ii) the specific legal nature of the organization, that is, whether it is an individual,
953 joint venture, partnership, limited liability company, corporation, association, or other entity;
954 (iii) the names and residence addresses of the officers and directors of the
955 organization;
956 (iv) the name and address of the registered agent for service of process and a consent
957 to service of process;
958 (v) the purpose of the solicitation and use of the contributions to be solicited;
959 (vi) the method by which the solicitation will be conducted and the projected length of
960 time it is to be conducted;
961 (vii) the anticipated expenses of the solicitation, including all commissions, costs of
962 collection, salaries, and any other items;
963 (viii) a statement of what percentage of the contributions collected as a result of the
964 solicitation are projected to remain available for application to the charitable purposes
965 declared in the application, including a satisfactory statement of the factual basis for the
966 projected percentage;
967 (ix) a statement of total contributions collected or received by the organization within
968 the calendar year immediately preceding the date of the application, including a description of
969 the expenditures made from or the use made of the contributions;
970 (x) a copy of any written agreements with any professional fund raiser involved with
971 the solicitation;
972 (xi) disclosure of any injunction, judgment, or administrative order or conviction of
973 any crime involving moral turpitude with respect to any officer, director, manager, operator, or
974 principal of the organization;
975 (xii) a copy of all agreements to which the applicant is, or proposes to be, a party
976 regarding the use of proceeds for the solicitation or fundraising;
977 (xiii) a statement of whether or not the charity, or its parent foundation, will be using
978 the services of a professional fund raiser or of a professional fund raising counsel or
979 consultant;
980 (xiv) if either the charity or its parent foundation will be using the services of a
981 professional fund raiser or a professional fund raising counsel or consultant:
982 (A) a copy of all agreements related to the services; and
983 (B) an acknowledgment that fund raising in the state will not commence until both the
984 charitable organization, its parent foundation, if any, and the professional fund raiser or
985 professional fund raising counsel or consultant are registered and in compliance with this
986 chapter; and
987 (xv) any additional information the division may require by rule.
988 (2) If any information contained in the application for registration becomes incorrect
989 or incomplete, the applicant or registrant shall, within 30 days after the information becomes
990 incorrect or incomplete, correct the application or file the complete information required by
991 the division.
992 (3) In addition to the registration fee, an organization failing to file a registration
993 application or renewal by the due date or filing an incomplete registration application or
994 renewal shall pay an additional fee of $25 for each month or part of a month after the date on
995 which the registration application or renewal were due to be filed.
996 (4) Notwithstanding Subsection (1), the registration fee for a certified local museum
997 under Section 9-6-603 is 65% of the registration fee established under Subsection (1).
998 Section 18. Section 13-22-8 is amended to read:
999 13-22-8. Exemptions.
1000 (1) Section 13-22-5 does not apply to:
1001 (a) a solicitation that an organization conducts among its own established and bona
1002 fide membership exclusively through the voluntarily donated efforts of other members or
1003 officers of the organization;
1004 (b) a bona fide religious, ecclesiastical, or denominational organization if:
1005 (i) the solicitation is made for a church, missionary, religious, or humanitarian
1006 purpose; and
1007 (ii) the organization is either:
1008 (A) a lawfully organized corporation, institution, society, church, or established
1009 physical place of worship, at which nonprofit religious services and activities are regularly
1010 conducted and carried on;
1011 (B) a bona fide religious group:
1012 (I) that does not maintain specific places of worship;
1013 (II) that is not subject to federal income tax; and
1014 (III) not required to file an IRS Form 990 under any circumstance; or
1015 (C) a separate group or corporation that is an integral part of an institution that is an
1016 income tax exempt organization under 26 U.S.C. Sec. 501(c)(3) and is not primarily supported
1017 by funds solicited outside its own membership or congregation;
1018 (c) a solicitation by a broadcast media owned or operated by an educational institution
1019 or governmental entity, or any entity organized solely for the support of that broadcast media;
1020 (d) except as provided in Subsection 13-22-21 (1), a solicitation for the relief of any
1021 person sustaining a life-threatening illness or injury specified by name at the time of
1022 solicitation if the entire amount collected without any deduction is turned over to the named
1023 person;
1024 (e) a political party authorized to transact its affairs within this state and any candidate
1025 and campaign worker of the party if the content and manner of any solicitation make clear that
1026 the solicitation is for the benefit of the political party or candidate;
1027 (f) a political action committee or group soliciting funds relating to issues or
1028 candidates on the ballot if the committee or group is required to file financial information with
1029 a federal or state election commission;
1030 (g) any school accredited by the state, any accredited institution of higher learning, or
1031 club or parent, teacher, or student organization within and authorized by the school in support
1032 of the operations or extracurricular activities of the school;
1033 (h) a public or higher education foundation established under Title 53A or 53B;
1034 (i) a television station, radio station, or newspaper of general circulation that donates
1035 air time or print space for no consideration as part of a cooperative solicitation effort on behalf
1036 of a charitable organization, whether or not that organization is required to register under this
1037 chapter;
1038 (j) a volunteer fire department, rescue squad, or local civil defense organization whose
1039 financial oversight is under the control of a local governmental entity;
1040 (k) any governmental unit of any state or the United States; and
1041 (l) any corporation:
1042 (i) established by an act of the United States Congress; and
1043 (ii) that is required by federal law to submit an annual report:
1044 (A) on the activities of the corporation, including an itemized report of all receipts and
1045 expenditures of the corporation; and
1046 (B) to the United States Secretary of Defense to be:
1047 (I) audited; and
1048 (II) submitted to the United States Congress.
1049 (2) Any organization claiming an exemption under this section bears the burden of
1050 proving its eligibility for, or the applicability of, the exemption claimed.
1051 (3) Each organization exempt from registration pursuant to this section that makes a
1052 material change in its legal status, officers, address, or similar changes shall file a report
1053 informing the division of its current legal status, business address, business phone, officers,
1054 and primary contact person within 30 days of the change.
1055 (4) The division may by rule:
1056 (a) require organizations exempt from registration pursuant to this section to file a
1057 notice of claim of exemption;
1058 (b) prescribe the contents of the notice of claim; and
1059 (c) require a filing fee for the notice, as determined under Section [
1060 63J-1-504 .
1061 Section 19. Section 13-22-9 is amended to read:
1062 13-22-9. Professional fund raiser's or fund raising counsel's or consultant's
1063 permit.
1064 (1) It is unlawful for any person or entity to act as a professional fund raiser or
1065 professional fund raising counsel or consultant, whether or not representing an organization
1066 exempt from registration under Section 13-22-8 , without first obtaining a permit from the
1067 division by complying with all of the following application requirements:
1068 (a) pay an application fee as determined under Section [
1069 (b) submit a written application, verified under oath, on a form approved by the
1070 division that includes:
1071 (i) the applicant's name, address, telephone number, facsimile number, if any;
1072 (ii) the name and address of any organization or person controlled by, controlling, or
1073 affiliated with the applicant;
1074 (iii) the applicant's business, occupation, or employment for the three-year period
1075 immediately preceding the date of the application;
1076 (iv) whether it is an individual, joint venture, partnership, limited liability company,
1077 corporation, association, or other entity;
1078 (v) the names and residence addresses of any officer or director of the applicant;
1079 (vi) the name and address of the registered agent for service of process and a consent
1080 to service of process;
1081 (vii) if a professional fund raiser:
1082 (A) the purpose of the solicitation and use of the contributions to be solicited;
1083 (B) the method by which the solicitation will be conducted and the projected length of
1084 time it is to be conducted;
1085 (C) the anticipated expenses of the solicitation, including all commissions, costs of
1086 collection, salaries, and any other items;
1087 (D) a statement of what percentage of the contributions collected as a result of the
1088 solicitation are projected to remain available to the charitable organization declared in the
1089 application, including a satisfactory statement of the factual basis for the projected percentage
1090 and projected anticipated revenues provided to the charitable organization, and if a flat fee is
1091 charged, documentation to support the reasonableness of the flat fee; and
1092 (E) a statement of total contributions collected or received by the professional fund
1093 raiser within the calendar year immediately preceding the date of the application, including a
1094 description of the expenditures made from or the use made of the contributions;
1095 (viii) if a professional fund raising counsel or consultant:
1096 (A) the purpose of the plan, management, advise, counsel or preparation of materials
1097 for, or respect to the solicitation and use of the contributions solicited;
1098 (B) the method by which the plan, management, advise, counsel, or preparation of
1099 materials for, or respect to the solicitation will be organized or coordinated and the projected
1100 length of time of the solicitation;
1101 (C) the anticipated expenses of the plan, management, advise, counsel, or preparation
1102 of materials for, or respect to the solicitation, including all commissions, costs of collection,
1103 salaries, and any other items;
1104 (D) a statement of total fees to be earned or received from the charitable organization
1105 declared in the application, and what percentage of the contributions collected as a result of
1106 the plan, management, advise, counsel, or preparation of materials for, or respect to the
1107 solicitation are projected after deducting the total fees to be earned or received remain
1108 available to the charitable organization declared in the application, including a satisfactory
1109 statement of the factual basis for the projected percentage and projected anticipated revenues
1110 provided to the charitable organization, and if a flat fee is charged, documentation to support
1111 the reasonableness of such flat fee; and
1112 (E) a statement of total net fees earned or received within the calendar year
1113 immediately preceding the date of the application, including a description of the expenditures
1114 made from or the use of the net earned or received fees in the planning, management, advising,
1115 counseling, or preparation of materials for, or respect to the solicitation and use of the
1116 contributions solicited for the charitable organization;
1117 (ix) disclosure of any injunction, judgment, or administrative order against the
1118 applicant or the applicant's conviction of any crime involving moral turpitude;
1119 (x) a copy of any written agreements with any charitable organization;
1120 (xi) the disclosure of any injunction, judgment, or administrative order or conviction
1121 of any crime involving moral turpitude with respect to any officer, director, manager, operator,
1122 or principal of the applicant;
1123 (xii) a copy of all agreements to which the applicant is, or proposes to be, a party
1124 regarding the use of proceeds;
1125 (xiii) an acknowledgment that fund raising in the state will not commence until both
1126 the professional fund raiser or professional fund raising counsel or consultant and the charity,
1127 its parent foundation, if any, are registered and in compliance with this chapter; and
1128 (xiv) any additional information the division may require by rule.
1129 (2) If any information contained in the application for a permit becomes incorrect or
1130 incomplete, the applicant or registrant shall, within 30 days after the information becomes
1131 incorrect or incomplete, correct the application or file the complete information required by
1132 the division.
1133 (3) In addition to the permit fee, an applicant failing to file a permit application or
1134 renewal by the due date or filing an incomplete permit application or renewal shall pay an
1135 additional fee of $25 for each month or part of a month after the date on which the permit
1136 application or renewal were due to be filed.
1137 Section 20. Section 13-23-5 is amended to read:
1138 13-23-5. Registration -- Bond, letter of credit, or certificate of deposit required --
1139 Penalties.
1140 (1) (a) (i) It is unlawful for any health spa facility to operate in this state unless the
1141 facility is registered with the division.
1142 (ii) Registration is effective for one year. If the health spa facility renews its
1143 registration, the registration shall be renewed at least 30 days prior to its expiration.
1144 (iii) The division shall provide by rule for the form, content, application process, and
1145 renewal process of the registration.
1146 (b) Each health spa registering in this state shall designate a registered agent for
1147 receiving service of process. The registered agent shall be reasonably available from 8 a.m.
1148 until 5 p.m. during normal working days.
1149 (c) The division shall charge and collect a fee for registration under guidelines
1150 provided in Section [
1151 (d) If an applicant fails to file a registration application or renewal by the due date, or
1152 files an incomplete registration application or renewal, the applicant shall pay a fee of $25 for
1153 each month or part of a month after the date on which the registration application or renewal
1154 were due to be filed, in addition to the registration fee described in Subsection (1)(c).
1155 (2) (a) Each health spa shall obtain and maintain:
1156 (i) a performance bond issued by a surety authorized to transact surety business in this
1157 state;
1158 (ii) an irrevocable letter of credit issued by a financial institution authorized to do
1159 business in this state; or
1160 (iii) a certificate of deposit.
1161 (b) The bond, letter of credit, or certificate of deposit shall be payable to the division
1162 for the benefit of any consumer who incurs damages as the result of:
1163 (i) the health spa's violation of this chapter; or
1164 (ii) the health spa's going out of business or relocating and failing to offer an alternate
1165 location within five miles.
1166 (c) (i) The division may recover from the bond, letter of credit, or certificate of deposit
1167 the costs of collecting and distributing funds under this section, up to 10% of the face value of
1168 the bond, letter of credit, or certificate of deposit but only if the consumers have fully
1169 recovered their damages first.
1170 (ii) The total liability of the issuer of the bond, letter of credit, or certificate of deposit
1171 may not exceed the amount of the bond, letter of credit, or certificate of deposit.
1172 (iii) The health spa shall maintain a bond, letter of credit, or certificate of deposit in
1173 force for one year after it notifies the division in writing that it has ceased all activities
1174 regulated by this chapter.
1175 (d) A health spa providing services at more than one location shall comply with the
1176 requirements of Subsection (2)(a) for each separate location.
1177 (e) The division may impose a fine against a health spa that fails to comply with the
1178 requirements of Subsection (2)(a) of up to $100 per day that the health spa remains out of
1179 compliance. All penalties received shall be deposited into the Consumer Protection Education
1180 and Training Fund created in Section 13-2-8 .
1181 (3) (a) The minimum principal amount of the bond, letter of credit, or certificate of
1182 credit required under Subsection (2) shall be based on the number of unexpired contracts for
1183 health spa services to which the health spa is a party, in accordance with the following
1184 schedule:
1185 Principal Amount of Number of Contracts
1186 Bond, Letter of Credit,
1187 or Certificate of Deposit
1188 $15,000 500 or fewer
1189 35,000 501 to 1,500
1190 50,000 1,500 to 3,000
1191 75,000 3,001 or more
1192 (b) A health spa that is not exempt under Section 13-23-6 shall comply with
1193 Subsection (3)(a) with respect to all of the health spa's unexpired contracts for health spa
1194 services, regardless of whether a portion of those contracts satisfy the criteria in Section
1195 13-23-6 .
1196 (4) Each health spa shall obtain the bond, letter of credit, or certificate of deposit and
1197 furnish a certified copy of the bond, letter of credit, or certificate of deposit to the division
1198 prior to selling, offering or attempting to sell, soliciting the sale of, or becoming a party to any
1199 contract to provide health spa services. A health spa is considered to be in compliance with
1200 this section only if the proof provided to the division shows that the bond, letter of credit, or
1201 certificate of credit is current.
1202 (5) Each health spa shall:
1203 (a) maintain accurate records of the bond, letter of credit, or certificate of credit and of
1204 any payments made, due, or to become due to the issuer; and
1205 (b) open the records to inspection by the division at any time during normal business
1206 hours.
1207 (6) If a health spa changes ownership, ceases operation, discontinues facilities, or
1208 relocates and fails to offer an alternate location within five miles within 30 days after its
1209 closing, the health spa is subject to the requirements of this section as if it were a new health
1210 spa coming into being at the time the health spa changed ownership. The former owner may
1211 not release, cancel, or terminate the owner's liability under any bond, letter of credit, or
1212 certificate of deposit previously filed with the division, unless:
1213 (a) the new owner has filed a new bond, letter of credit, or certificate of deposit for the
1214 benefit of consumers covered under the previous owner's bond, letter of credit, or certificate of
1215 deposit; or
1216 (b) the former owner has refunded all unearned payments to consumers.
1217 (7) If a health spa ceases operation or relocates and fails to offer an alternative location
1218 within five miles, the health spa shall provide the division with 45 days prior notice.
1219 Section 21. Section 13-26-3 is amended to read:
1220 13-26-3. Registration and bond required.
1221 (1) (a) Unless exempt under Section 13-26-4 , each telephone soliciting business shall
1222 register annually with the division before engaging in telephone solicitations if:
1223 (i) the telephone soliciting business engages in telephone solicitations that:
1224 (A) originate in Utah; or
1225 (B) are received in Utah; or
1226 (ii) the telephone soliciting business conducts any business operations in Utah.
1227 (b) The registration form shall designate an agent residing in this state who is
1228 authorized by the telephone soliciting business to receive service of process in any action
1229 brought by this state or a resident of this state.
1230 (c) If a telephone soliciting business fails to designate an agent to receive service or
1231 fails to appoint a successor to the agent:
1232 (i) the business' application for an initial or renewal registration shall be denied; and
1233 (ii) any current registration shall be suspended until an agent is designated.
1234 (2) The division may impose an annual registration fee set pursuant to Section
1235 [
1236 (3) (a) Each telephone soliciting business engaging in telephone solicitation or sales in
1237 this state shall obtain and maintain the following security:
1238 (i) a performance bond issued by a surety authorized to transact surety business in this
1239 state;
1240 (ii) an irrevocable letter of credit issued by a financial institution authorized to do
1241 business in this state; or
1242 (iii) a certificate of deposit held in this state in a depository institution regulated by
1243 the Department of Financial Institutions.
1244 (b) The bond, letter of credit, or certificate of deposit shall be payable to the division
1245 for the benefit of any consumer who incurs damages as the result of any telephone solicitation
1246 or sales violation of this chapter.
1247 (c) The division may recover from the bond, letter of credit, or certificate of deposit
1248 investigative costs, [
1249 funds under this section and the costs of promoting consumer education, but only if the
1250 consumer has first recovered full damages.
1251 (d) A telephone soliciting business shall keep a bond, certificate of deposit, or letter of
1252 credit in force for one year after it notifies the division in writing that it has ceased all
1253 activities regulated by this chapter.
1254 (e) The amount to be posted in the form of a bond, irrevocable letter of credit, or
1255 certificate of deposit shall be:
1256 (i) $25,000 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 fewer than ten employees;
1260 (ii) $50,000 if:
1261 (A) neither the telephone soliciting business nor any affiliated person has violated this
1262 chapter within three years preceding the date of the application; and
1263 (B) the telephone soliciting business has ten or more employees; or
1264 (iii) $75,000 if the telephone soliciting business or any affiliated person has violated
1265 this chapter within three years preceding the date of the application.
1266 (f) For purposes of Subsection (3)(e) an "affiliated person" means a contractor,
1267 director, employee, officer, owner, or partner of the telephone soliciting business.
1268 (4) The division may establish by rule the registration requirements for telephone
1269 soliciting businesses under the terms of Title 63G, Chapter 3, Utah Administrative
1270 Rulemaking Act. An administrative proceeding conducted by the division under this chapter
1271 shall comply with the requirements of Title 63G, Chapter 4, Administrative Procedures Act.
1272 (5) The division director may revoke a registration under this section for any violation
1273 of this chapter.
1274 Section 22. Section 13-32a-111 is amended to read:
1275 13-32a-111. Fees to fund training and central database.
1276 (1) On and after January 1, 2005, each pawnshop or secondhand merchandise dealer
1277 in operation shall annually pay $250 to the division, to be deposited in the account.
1278 (2) On and after January 1, 2005, each law enforcement agency that participates in the
1279 use of the database shall annually pay to the division a fee of $2 per sworn law enforcement
1280 officer who is employed by the agency as of January 1 of that year. The fee shall be deposited
1281 in the account.
1282 (3) The fees under Subsections (1) and (2) shall be paid to the account annually on or
1283 before January 30.
1284 (4) (a) If a law enforcement agency outside Utah requests access to the central
1285 database, the requesting agency shall pay a yearly fee of $750 for the fiscal year beginning
1286 July 1, 2006, which shall be deposited in the account.
1287 (b) The board may establish the fee amount for fiscal years beginning on and after July
1288 1, 2007 under Section [
1289 Section 23. Section 13-34-107 is amended to read:
1290 13-34-107. Advertising, recruiting, or operating a proprietary school -- Required
1291 registration statement or exemption -- Certificate of registration -- Registration does not
1292 constitute endorsement.
1293 (1) (a) Unless an institution complies with Subsection (1)(b), the institution may not
1294 do any of the following in this state:
1295 (i) advertise a proprietary school;
1296 (ii) recruit students for a proprietary school; or
1297 (iii) operate a proprietary school.
1298 (b) An institution may not engage in an activity described in Subsection (1)(a) unless
1299 the institution:
1300 (i) (A) files with the division a registration statement relating to the proprietary school
1301 that is in compliance with:
1302 (I) applicable rules made by the division; and
1303 (II) the requirements set forth in this chapter; and
1304 (B) obtains a certificate of registration; or
1305 (ii) establishes an exemption with the division.
1306 (2) (a) The registration statement or exemption described in Subsection (1) shall be:
1307 (i) verified by the oath or affirmation of the owner or a responsible officer of the
1308 proprietary school filing the registration statement or exemption; and
1309 (ii) include a certification as to whether any of the following has violated laws, federal
1310 regulations, or state rules as determined in a criminal, civil, or administrative proceeding:
1311 (A) the proprietary school; or
1312 (B) any of the following with respect to the proprietary school:
1313 (I) an owner;
1314 (II) an officer;
1315 (III) a director;
1316 (IV) an administrator;
1317 (V) a faculty member;
1318 (VI) a staff member; or
1319 (VII) an agent.
1320 (b) The proprietary school shall:
1321 (i) make available, upon request, a copy of the registration statement, showing the date
1322 upon which it was filed; and
1323 (ii) display the certificate of registration obtained from the division in a conspicuous
1324 place on the proprietary school's premises.
1325 (3) (a) A registration statement and the accompanying certificate of registration are not
1326 transferable.
1327 (b) In the event of a change in ownership or in the governing body of the proprietary
1328 school, the new owner or governing body, within 30 days after the change, shall file a new
1329 registration statement.
1330 (4) Except as provided in Subsection (3)(b), a registration statement or a renewal
1331 statement and the accompanying certificate of registration are effective for a period of two
1332 years after the date of filing and issuance.
1333 (5) (a) The division shall establish a graduated fee structure for the filing of
1334 registration statements by various classifications of institutions pursuant to Section
1335 [
1336 (b) Fees are not refundable.
1337 (c) Fees shall be deposited in the Commerce Service Fund pursuant to Section 13-1-2 .
1338 (6) (a) Each proprietary school shall:
1339 (i) demonstrate fiscal responsibility at the time the proprietary school files its
1340 registration statement as prescribed by rules of the division; and
1341 (ii) provide evidence to the division that the proprietary school:
1342 (A) is financially sound; and
1343 (B) can reasonably fulfill commitments to and obligations the proprietary school has
1344 incurred with students and creditors.
1345 (b) A proprietary school applying for an initial certificate of registration to operate
1346 shall prepare and submit financial statements and supporting documentation as requested by
1347 the division.
1348 (c) A proprietary school applying for renewal of a certificate of registration to operate
1349 or renewal under new ownership must provide audited financial statements.
1350 (d) The division may require evidence of financial status at other times when it is in
1351 the best interest of students to require such information.
1352 (7) (a) A proprietary school applying for an initial certificate of registration or seeking
1353 renewal shall provide in a form approved by the division:
1354 (i) a surety bond;
1355 (ii) a certificate of deposit; or
1356 (iii) an irrevocable letter of credit.
1357 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1358 the division may make rules providing for:
1359 (i) the amount of the bond, certificate, or letter of credit required under Subsection
1360 (7)(a), not to exceed in amount the anticipated tuition and fees to be received by the
1361 proprietary school during a school year;
1362 (ii) the execution of the bond, certificate, or letter of credit;
1363 (iii) cancellation of the bond, certificate, or letter of credit during or at the end of the
1364 registration term; and
1365 (iv) any other matters related to providing the bond, certificate, or letter of credit
1366 required under Subsection (7)(a).
1367 (c) The bond, certificate, or letter of credit shall be used as a protection against loss of
1368 advanced tuition, book fees, supply fees, or equipment fees:
1369 (i) collected by the proprietary school from a student or a student's parent, guardian, or
1370 sponsor prior to the completion of the program or courses for which it was collected; or
1371 (ii) for which the student is liable.
1372 (8) (a) Except as provided in Section 13-34-113 , the division may not refuse
1373 acceptance of a registration statement that is:
1374 (i) tendered for filing and, based on a preliminary review, appears to be in compliance
1375 with Subsections (1), (2), and (6); and
1376 (ii) accompanied by:
1377 (A) the required fee; and
1378 (B) one of the following required by Subsection (7):
1379 (I) surety bond;
1380 (II) certificate of deposit; or
1381 (III) irrevocable letter of credit.
1382 (b) A certificate of registration is effective upon the date of issuance.
1383 (c) The responsibility of compliance is upon the proprietary school and not upon the
1384 division.
1385 (d) (i) If it appears to the division that a registration statement on file may not be in
1386 compliance with this chapter, the division may advise the proprietary school as to the apparent
1387 deficiencies.
1388 (ii) After a proprietary school has been notified of a deficiency under Subsection
1389 (8)(d)(i), a new or amended statement may be presented for filing by the proprietary school,
1390 accompanied by:
1391 (A) the required fee; and
1392 (B) one of the following required by Subsection (7):
1393 (I) surety bond;
1394 (II) certificate of deposit; or
1395 (III) irrevocable letter of credit.
1396 (9) The following does not constitute and may not be represented by any person to
1397 constitute, an endorsement or approval of the proprietary school by either the division or the
1398 state:
1399 (a) an acceptance of:
1400 (i) a registration statement;
1401 (ii) a renewal statement; or
1402 (iii) an amended registration statement; and
1403 (b) issuance of a certificate of registration.
1404 Section 24. Section 13-35-105 is amended to read:
1405 13-35-105. Registration -- Fees.
1406 (1) A franchisee or franchisor doing business in this state shall:
1407 (a) annually register or renew its registration with the department in a manner
1408 established by the department; and
1409 (b) pay an annual registration fee in an amount determined by the department in
1410 accordance with Sections 13-1-2 and [
1411 (2) The department shall register or renew the registration of a franchisee or franchisor
1412 if the franchisee or franchisor complies with this chapter and rules made by the department
1413 under this chapter.
1414 (3) A franchisee or franchisor registered under this section shall comply with this
1415 chapter and any rules made by the department under this chapter including any amendments to
1416 this chapter or the rules made after a franchisee or franchisor enter into a franchise agreement.
1417 (4) The fee imposed under Subsection (1)(b) shall be collected by the department and
1418 deposited into the Commerce Service Fund.
1419 (5) Notwithstanding Subsection (1), an agent, officer, or field or area representative of
1420 a franchisor does not need to be registered under this section if the franchisor is registered
1421 under this section.
1422 Section 25. Section 13-39-201 is amended to read:
1423 13-39-201. Establishment of child protection registry.
1424 (1) The division shall:
1425 (a) establish and operate a child protection registry to compile and secure a list of
1426 contact points the division has received pursuant to this section; or
1427 (b) contract with a third party to establish and secure the registry described in
1428 Subsection (1)(a).
1429 (2) (a) The division shall implement the registry described in this section with respect
1430 to email addresses beginning on July 1, 2005.
1431 (b) The division shall implement the registry described in this section with respect to
1432 instant message identities.
1433 (c) The division shall implement the registry described in this section with respect to
1434 mobile or other telephone numbers.
1435 (3) (a) A person may register a contact point with the division pursuant to rules
1436 established by the division under Subsection 13-39-203 (1) if:
1437 (i) the contact point belongs to a minor;
1438 (ii) a minor has access to the contact point; or
1439 (iii) the contact point is used in a household in which a minor is present.
1440 (b) A school or other institution that primarily serves minors may register its domain
1441 name with the division pursuant to rules made by the division under Subsection 13-39-203 (1).
1442 (c) The division shall provide a disclosure in a confirmation message sent to a person
1443 who registers a contact point under this section that reads: "No solution is completely secure.
1444 The most effective way to protect children on the Internet is to supervise use and review all
1445 email messages and other correspondence. Under law, theft of a contact point from the Child
1446 Protection Registry is a second degree felony. While every attempt will be made to secure the
1447 Child Protection Registry, registrants and their guardians should be aware that their contact
1448 points may be at a greater risk of being misappropriated by marketers who choose to disobey
1449 the law."
1450 (4) A person desiring to send a communication described in Subsection 13-39-202 (1)
1451 to a contact point or domain shall:
1452 (a) use a mechanism established by rule made by the division under Subsection
1453 13-39-203 (2); and
1454 (b) pay a fee for use of the mechanism described in Subsection (4)(a) determined by
1455 the division in accordance with Section [
1456 (5) The division may implement a program to offer discounted compliance fees to
1457 senders who meet enhanced security conditions established and verified by the division, the
1458 third party registry provider, or a designee.
1459 (6) The contents of the registry, and any complaint filed about a sender who violates
1460 this chapter, are not subject to public disclosure under Title 63G, Chapter 2, Government
1461 Records Access and Management Act.
1462 (7) The state shall promote the registry on the state's official Internet website.
1463 Section 26. Section 13-42-105 is amended to read:
1464 13-42-105. Application for registration -- Form, fee, and accompanying
1465 documents.
1466 (1) An application for registration as a provider must be in a form prescribed by the
1467 administrator.
1468 (2) Subject to adjustment of dollar amounts pursuant to Subsection 13-42-132 (6), an
1469 application for registration as a provider must be accompanied by:
1470 (a) the fee established by the administrator in accordance with Section [
1471 63J-1-504 ;
1472 (b) the bond required by Section 13-42-113 ;
1473 (c) identification of all trust accounts required by Section 13-42-122 and an
1474 irrevocable consent authorizing the administrator to review and examine the trust accounts;
1475 (d) evidence of insurance in the amount of $250,000:
1476 (i) against the risks of dishonesty, fraud, theft, and other misconduct on the part of the
1477 applicant or a director, employee, or agent of the applicant;
1478 (ii) issued by an insurance company authorized to do business in this state and rated at
1479 least A by a nationally recognized rating organization;
1480 (iii) with no deductible;
1481 (iv) payable to the applicant, the individuals who have agreements with the applicant,
1482 and this state, as their interests may appear; and
1483 (v) not subject to cancellation by the applicant without the approval of the
1484 administrator;
1485 (e) a record consenting to the jurisdiction of this state containing:
1486 (i) the name, business address, and other contact information of its registered agent in
1487 this state for purposes of service of process; or
1488 (ii) the appointment of the administrator as agent of the provider for purposes of
1489 service of process; and
1490 (f) if the applicant is organized as a not-for-profit entity or is exempt from taxation,
1491 evidence of not-for-profit and tax-exempt status applicable to the applicant under the Internal
1492 Revenue Code, 26 U.S.C. Section 501.
1493 Section 27. Section 13-42-109 is amended to read:
1494 13-42-109. Certification of registration -- Issuance or denial.
1495 (1) Except as otherwise provided in Subsections (2) and (3), the administrator shall
1496 issue a certificate of registration as a provider to a person that complies with Sections
1497 13-42-105 and 13-42-106 .
1498 (2) The administrator may deny registration if:
1499 (a) the application contains information that is materially erroneous or incomplete;
1500 (b) an officer, director, or owner of the applicant has been convicted of a crime, or
1501 suffered a civil judgment, involving dishonesty or the violation of state or federal securities
1502 laws;
1503 (c) the applicant or any of its officers, directors, or owners has defaulted in the
1504 payment of money collected for others; or
1505 (d) the administrator finds that the financial responsibility, experience, character, or
1506 general fitness of the applicant or its owners, directors, employees, or agents does not warrant
1507 belief that the business will be operated in compliance with this chapter.
1508 (3) The administrator shall deny registration if:
1509 (a) the application is not accompanied by the fee established by the administrator in
1510 accordance with Section [
1511 (b) with respect to an applicant that is organized as a not-for-profit entity or has
1512 obtained tax-exempt status under the Internal Revenue Code, 26 U.S.C. Section 501, the
1513 applicant's board of directors is not independent of the applicant's employees and agents.
1514 (4) Subject to adjustment of the dollar amount pursuant to Subsection 13-42-132 (6), a
1515 board of directors is not independent for purposes of Subsection (3) if more than one-fourth of
1516 its members:
1517 (a) are affiliates of the applicant, as defined in Subsection 13-42-102 (2)(a) or
1518 13-42-102 (2)(b)(i), (ii), (iv), (v), (vi), or (vii); or
1519 (b) after the date ten years before first becoming a director of the applicant, were
1520 employed by or directors of a person that received from the applicant more than $25,000 in
1521 either the current year or the preceding year.
1522 Section 28. Section 13-42-111 is amended to read:
1523 13-42-111. Renewal of registration.
1524 (1) A provider must obtain a renewal of its registration annually.
1525 (2) An application for renewal of registration as a provider must be in a form
1526 prescribed by the administrator, signed under penalty of perjury, and:
1527 (a) be filed no fewer than 30 and no more than 60 days before the registration expires;
1528 (b) be accompanied by the fee established by the administrator in accordance with
1529 Section [
1530 (c) contain the matter required for initial registration as a provider by Subsections
1531 13-42-106 (8) and (9) and a financial statement, audited by an accountant licensed to conduct
1532 audits, for the applicant's fiscal year immediately preceding the application;
1533 (d) disclose any changes in the information contained in the applicant's application for
1534 registration or its immediately previous application for renewal, as applicable;
1535 (e) supply evidence of insurance in an amount equal to the larger of $250,000 or the
1536 highest daily balance in the trust account required by Section 13-42-122 during the six-month
1537 period immediately preceding the application:
1538 (i) against risks of dishonesty, fraud, theft, and other misconduct on the part of the
1539 applicant or a director, employee, or agent of the applicant;
1540 (ii) issued by an insurance company authorized to do business in this state and rated at
1541 least A by a nationally recognized rating organization;
1542 (iii) with no deductible;
1543 (iv) payable to the applicant, the individuals who have agreements with the applicant,
1544 and this state, as their interests may appear; and
1545 (v) not subject to cancellation by the applicant without the approval of the
1546 administrator;
1547 (f) disclose the total amount of money received by the applicant pursuant to plans
1548 during the preceding 12 months from or on behalf of individuals who reside in this state and
1549 the total amount of money distributed to creditors of those individuals during that period;
1550 (g) disclose, to the best of the applicant's knowledge, the gross amount of money
1551 accumulated during the preceding 12 months pursuant to plans by or on behalf of individuals
1552 who reside in this state and with whom the applicant has agreements; and
1553 (h) provide any other information that the administrator reasonably requires to perform
1554 the administrator's duties under this section.
1555 (3) Except for the information required by Subsections 13-42-106 (7), (14), and (17)
1556 and the addresses required by Subsection 13-42-106 (4), the administrator shall make the
1557 information in an application for renewal of registration as a provider available to the public.
1558 (4) If a registered provider files a timely and complete application for renewal of
1559 registration, the registration remains effective until the administrator, in a record, notifies the
1560 applicant of a denial and states the reasons for the denial.
1561 (5) If the administrator denies an application for renewal of registration as a provider,
1562 the applicant, within 30 days after receiving notice of the denial, may appeal and request a
1563 hearing pursuant to Title 63G, Chapter 4, Administrative Procedures Act. Subject to Section
1564 13-42-134 , while the appeal is pending the applicant shall continue to provide
1565 debt-management services to individuals with whom it has agreements. If the denial is
1566 affirmed, subject to the administrator's order and Section 13-42-134 , the applicant shall
1567 continue to provide debt-management services to individuals with whom it has agreements
1568 until, with the approval of the administrator, it transfers the agreements to another registered
1569 provider or returns to the individuals all unexpended money that is under the applicant's
1570 control.
1571 Section 29. Section 13-42-132 is amended to read:
1572 13-42-132. Powers of administrator.
1573 (1) The administrator may act on its own initiative or in response to complaints and
1574 may receive complaints, take action to obtain voluntary compliance with this chapter, refer
1575 cases to the attorney general, and seek or provide remedies as provided in this chapter.
1576 (2) The administrator may investigate and examine, in this state or elsewhere, by
1577 subpoena or otherwise, the activities, books, accounts, and records of a person that provides or
1578 offers to provide debt-management services, or a person to which a provider has delegated its
1579 obligations under an agreement or this chapter, to determine compliance with this chapter.
1580 Information that identifies individuals who have agreements with the provider shall not be
1581 disclosed to the public. In connection with the investigation, the administrator may:
1582 (a) charge the person the reasonable expenses necessarily incurred to conduct the
1583 examination;
1584 (b) require or permit a person to file a statement under oath as to all the facts and
1585 circumstances of a matter to be investigated; and
1586 (c) seek a court order authorizing seizure from a bank at which the person maintains a
1587 trust account required by Section 13-42-122 , any or all money, books, records, accounts, and
1588 other property of the provider that is in the control of the bank and relates to individuals who
1589 reside in this state.
1590 (3) The administrator may adopt rules to implement the provisions of this chapter in
1591 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1592 (4) The administrator may enter into cooperative arrangements with any other federal
1593 or state agency having authority over providers and may exchange with any of those agencies
1594 information about a provider, including information obtained during an examination of the
1595 provider.
1596 (5) The administrator shall establish fees in accordance with Section [
1597 63J-1-504 to be paid by providers for the expense of administering this chapter.
1598 (6) The administrator, by rule, shall adopt dollar amounts instead of those specified in
1599 Sections 13-42-102 , 13-42-105 , 13-42-109 , 13-42-113 , 13-42-123 , 13-42-133 , and 13-42-135
1600 to reflect inflation, as measured by the United States Bureau of Labor Statistics Consumer
1601 Price Index for All Urban Consumers or, if that index is not available, another index adopted
1602 by rule by the administrator. The administrator shall adopt a base year and adjust the dollar
1603 amounts, effective on July 1 of each year, if the change in the index from the base year, as of
1604 December 31 of the preceding year, is at least 10%. The dollar amount must be rounded to the
1605 nearest $100, except that the amounts in Section 13-42-123 must be rounded to the nearest
1606 dollar.
1607 (7) The administrator shall notify registered providers of any change in dollar amounts
1608 made pursuant to Subsection (6) and make that information available to the public.
1609 Section 30. Section 15-9-109 is amended to read:
1610 15-9-109. Registration and renewal fees.
1611 (1) An application for registration or renewal of registration must be accompanied by a
1612 fee in an amount determined by the division in accordance with Section [
1613 63J-1-504 .
1614 (2) The division shall establish fees for:
1615 (a) an initial application for registration;
1616 (b) an application for registration based upon a certificate of registration or licensure
1617 issued by another state;
1618 (c) an application for renewal of registration; and
1619 (d) an application for renewal of registration based upon an application for renewal of
1620 registration or licensure submitted in another state.
1621 Section 31. Section 16-6a-107 is amended to read:
1622 16-6a-107. Fees.
1623 (1) Unless otherwise provided by statute, the division shall charge and collect a fee for
1624 services established by the division in accordance with Section [
1625 including fees:
1626 (a) for furnishing a certified copy of any document, instrument, or paper relating to a
1627 domestic or foreign nonprofit corporation; and
1628 (b) for the certificate and affixing the seal to a certified copy described in Subsection
1629 (1)(a).
1630 (2) (a) The division shall provide expedited, 24-hour processing of any item under this
1631 section upon request.
1632 (b) The division shall charge and collect additional fees established by the division in
1633 accordance with Section [
1634 Subsection (2)(a).
1635 (3) (a) The division shall charge and collect a fee determined by the division in
1636 accordance with Section [
1637 director of the division as resident agent of a domestic or foreign nonprofit corporation.
1638 (b) The fee paid under Subsection (3)(a) may be recovered as taxable costs by the
1639 party to the suit or action causing the service to be made if the party prevails in the suit or
1640 action.
1641 Section 32. Section 16-7-11 is amended to read:
1642 16-7-11. Fees for filing documents and issuing certificates.
1643 The division shall charge and collect a fee determined by it pursuant to Section
1644 [
1645 (1) filing articles of incorporation of a corporation sole and issuing a certificate of
1646 incorporation;
1647 (2) filing articles of amendment and issuing a certificate of amendment;
1648 (3) issuing each additional certificate of incorporation or amendment;
1649 (4) filing a certificate of authorized agent and issuing the agent's certificate;
1650 (5) filing a revocation of authority;
1651 (6) furnishing a certified copy of any document, instrument, or paper relating to a
1652 corporation sole and affixing its seal;
1653 (7) issuing a certificate of dissolution; and
1654 (8) issuing a certificate of merger or consolidation.
1655 Section 33. Section 16-10a-122 is amended to read:
1656 16-10a-122. Fees.
1657 Unless otherwise provided by statute, the division shall charge and collect fees for
1658 services as provided in Section [
1659 Section 34. Section 16-12-3 is amended to read:
1660 16-12-3. Declaration of trust -- Filing fee.
1661 An original and one copy of the declaration of trust of a real estate investment trust
1662 shall be delivered to the Division of Corporations and Commercial Code, and the division
1663 shall endorse on the original and one copy the word "filed." The Division of Corporations and
1664 Commercial Code shall file the original in the division's office, and shall return the copy to the
1665 trustees or their representatives. The Division of Corporations and Commercial Code may
1666 charge a fee pursuant to Section [
1667 Section 35. Section 16-13-12 is amended to read:
1668 16-13-12. Licensing, supervision, and examination by commissioner of financial
1669 institutions -- Fees.
1670 A development corporation shall be licensed, supervised, and examined by the
1671 commissioner of financial institutions and shall make such report of its condition from time to
1672 time as the commissioner shall require. A development corporation shall pay a fee determined
1673 by the commissioner pursuant to Section [
1674 examination.
1675 Section 36. Section 16-15-105 is amended to read:
1676 16-15-105. Filing of certificate -- Fees.
1677 (1) A business trust is registered when two copies of the certificate of registration are
1678 filed with the division. The documents to be filed shall be true copies made by photographic,
1679 xerographic, electronic, or other process that provides similar copy accuracy of a document
1680 that has been properly executed.
1681 (2) The division shall endorse the original and one copy of a certificate of registration
1682 and:
1683 (a) file the original in the division office; and
1684 (b) return the copy to the trustee or the trustee's representative.
1685 (3) The division may charge a fee in accordance with Section [
1686 for the filing.
1687 Section 37. Section 16-15-107 is amended to read:
1688 16-15-107. Expiration of filing -- Notice.
1689 (1) A filing under this chapter shall be effective for a period of three years from the
1690 date of filing plus the notice period provided in Subsection (2).
1691 (2) (a) If no new filing is made by or on behalf of the trust who made the original
1692 filing within three years of the date of filing, the division shall send a notice by regular mail,
1693 postage prepaid, to the address shown for the registered office in the filing indicating that it
1694 will expire 30 days after the division mailed the notice.
1695 (b) If no new filing is made within 30 days after the date of the division mailing the
1696 notice, the business trust's registration expires.
1697 (3) If the registration of a business trust has expired or has been canceled for failure to
1698 maintain a registered agent, the business trust may not conduct business in this state until it
1699 has newly registered with the division under this chapter.
1700 (4) The division may charge a fee in accordance with Section [
1701 for the renewal of a registration.
1702 Section 38. Section 16-15-108 is amended to read:
1703 16-15-108. When amendments are required.
1704 (1) An amended certificate shall be filed with the division not later than 30 days after
1705 any change in:
1706 (a) any person acting as a trustee of the trust, or the address of any trustee;
1707 (b) the registered agent of the trust;
1708 (c) the registered office of the business trust; or
1709 (d) in any information required to be filed with the division under this chapter.
1710 (2) The amended certificate shall be signed by each trustee of the business trust and
1711 filed in the same manner as a certificate of registration under Section 16-15-105 .
1712 (3) The division may charge a fee in accordance with Section [
1713 for amending a certificate of registration.
1714 Section 39. Section 16-16-208 is amended to read:
1715 16-16-208. Filing fees.
1716 The filing fee for records filed under this part by the division shall be established by
1717 the division in accordance with Section [
1718 Section 40. Section 16-17-201 is amended to read:
1719 16-17-201. Fees.
1720 Unless otherwise provided by statute, the division shall charge and collect fees for
1721 services as provided in Section [
1722 Section 41. Section 19-1-201 is amended to read:
1723 19-1-201. Powers of department.
1724 (1) The department shall:
1725 (a) enter into cooperative agreements with the Department of Health to delineate
1726 specific responsibilities to assure that assessment and management of risk to human health
1727 from the environment are properly administered;
1728 (b) consult with the Department of Health and enter into cooperative agreements, as
1729 needed, to ensure efficient use of resources and effective response to potential health and
1730 safety threats from the environment, and to prevent gaps in protection from potential risks
1731 from the environment to specific individuals or population groups; and
1732 (c) coordinate implementation of environmental programs to maximize efficient use of
1733 resources by developing, with local health departments, a Comprehensive Environmental
1734 Service Delivery Plan that:
1735 (i) recognizes that the department and local health departments are the foundation for
1736 providing environmental health programs in the state;
1737 (ii) delineates the responsibilities of the department and each local health department
1738 for the efficient delivery of environmental programs using federal, state, and local authorities,
1739 responsibilities, and resources;
1740 (iii) provides for the delegation of authority and pass through of funding to local
1741 health departments for environmental programs, to the extent allowed by applicable law,
1742 identified in the plan, and requested by the local health department; and
1743 (iv) is reviewed and updated annually.
1744 (2) The department may:
1745 (a) investigate matters affecting the environment;
1746 (b) investigate and control matters affecting the public health when caused by
1747 environmental hazards;
1748 (c) prepare, publish, and disseminate information to inform the public concerning
1749 issues involving environmental quality;
1750 (d) establish and operate programs, as authorized by this title, necessary for protection
1751 of the environment and public health from environmental hazards;
1752 (e) use local health departments in the delivery of environmental health programs to
1753 the extent provided by law;
1754 (f) enter into contracts with local health departments or others to meet responsibilities
1755 established under this title;
1756 (g) acquire real and personal property by purchase, gift, devise, and other lawful
1757 means;
1758 (h) prepare and submit to the governor a proposed budget to be included in the budget
1759 submitted by the governor to the Legislature;
1760 (i) (i) establish a schedule of fees that may be assessed for actions and services of the
1761 department according to the procedures and requirements of Section [
1762 and
1763 (ii) in accordance with Section [
1764 fair, and reflect the cost of services provided;
1765 (j) prescribe by rule reasonable requirements not inconsistent with law relating to
1766 environmental quality for local health departments;
1767 (k) perform the administrative functions of the boards established by Section
1768 19-1-106 , including the acceptance and administration of grants from the federal government
1769 and from other sources, public or private, to carry out the board's functions; and
1770 (l) upon the request of any board or the executive secretary, provide professional,
1771 technical, and clerical staff and field and laboratory services, the extent of which are limited
1772 by the funds available to the department for the staff and services.
1773 Section 42. Section 19-1-403 is amended to read:
1774 19-1-403. Clean Fuels and Vehicle Technology Fund -- Contents -- Loans or
1775 grants made with fund monies.
1776 (1) (a) There is created a revolving fund known as the Clean Fuels and Vehicle
1777 Technology Fund.
1778 (b) The fund consists of:
1779 (i) appropriations to the fund;
1780 (ii) other public and private contributions made under Subsection (1)(d);
1781 (iii) interest earnings on cash balances; and
1782 (iv) all monies collected for loan repayments and interest on loans.
1783 (c) All money appropriated to the fund is nonlapsing.
1784 (d) The department may accept contributions from other public and private sources for
1785 deposit into the fund.
1786 (2) (a) Except as provided in Subsection (3), the department may make a loan or a
1787 grant with monies available in the fund for:
1788 (i) the conversion of a private sector business vehicle or a government vehicle to use a
1789 clean fuel, if certified by the Air Quality Board under Subsection 19-1-405 (1)(a);
1790 (ii) the purchase of:
1791 (A) an OEM vehicle for use as a private sector business vehicle or government
1792 vehicle; or
1793 (B) a vehicle, certified by the Air Quality Board under Subsection 19-1-405 (1)(d), for
1794 use as a private sector business vehicle or government vehicle;
1795 (iii) the retrofit, certified by the Air Quality Board under Subsection 19-1-405 (1)(d),
1796 of a private sector business vehicle or government vehicle;
1797 (iv) a fuel system, certified by the Air Quality Board under Subsection 19-1-405 (1)(d),
1798 for a private sector business vehicle or government vehicle; or
1799 (v) a state match of a federal or nonfederal grant for any item under this Subsection
1800 (2)(a).
1801 (b) The amount of a loan for any vehicle under Subsection (2)(a)(i) or (2)(a)(ii)(A)
1802 may not exceed:
1803 (i) the actual cost of the vehicle conversion;
1804 (ii) the incremental cost of purchasing the OEM vehicle; or
1805 (iii) the cost of purchasing the OEM vehicle if there is no documented incremental
1806 cost.
1807 (c) The amount of a grant for any vehicle under Subsection (2)(a)(i) or (2)(a)(ii)(A)
1808 may not exceed:
1809 (i) 50% of the actual cost of the vehicle conversion minus the amount of any tax credit
1810 claimed under Section 59-7-605 or 59-10-1009 for the vehicle for which a grant is requested;
1811 or
1812 (ii) 50% of the incremental cost of purchasing an OEM vehicle minus the amount of
1813 any tax credit claimed under Section 59-7-605 or 59-10-1009 for the vehicle for which a grant
1814 is requested.
1815 (d) (i) Except as provided in Subsection (3) and subject to the availability of monies in
1816 the fund, the department may make a loan for the purchase of vehicle refueling equipment for
1817 a private sector business vehicle or a government vehicle.
1818 (ii) The maximum amount loaned per installation of refueling equipment may not
1819 exceed the actual cost of the refueling equipment.
1820 (iii) Except as provided in Subsection (3) and subject to the availability of monies in
1821 the fund, the department may make a grant for a state match of a federal or nonfederal grant
1822 for the purchase of vehicle refueling equipment for a private sector business vehicle or a
1823 government vehicle.
1824 (3) The department may not make a loan or grant under this part for an electric-hybrid
1825 vehicle.
1826 (4) The department may:
1827 (a) reimburse itself for the costs incurred in administering the fund from:
1828 (i) the fund; or
1829 (ii) application fees; and
1830 (b) establish an application fee for a loan or grant from the fund by following the
1831 procedures and requirements of Section [
1832 (5) (a) The fund balance may not exceed $10,000,000.
1833 (b) Interest on cash balances and repayment of loans in excess of the amount necessary
1834 to maintain the fund balance at $10,000,000 shall be deposited in the General Fund.
1835 (6) (a) Loans made from monies in the fund shall be supported by loan documents
1836 evidencing the intent of the borrower to repay the loan.
1837 (b) The original loan documents shall be filed with the Division of Finance and a copy
1838 shall be filed with the department.
1839 Section 43. Section 19-2-105.3 is amended to read:
1840 19-2-105.3. Clean fuel requirements for fleets.
1841 (1) As used in this section:
1842 (a) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990.
1843 (b) "Clean fuel" means:
1844 (i) propane, compressed natural gas, or electricity;
1845 (ii) other fuel the Air Quality Board created in Title 19, Chapter 2, Air Conservation
1846 Act, determines annually on or before July 1 is at least as effective as fuels under Subsection
1847 (1)(b)(i) in reducing air pollution; and
1848 (iii) other fuel that meets the clean fuel vehicle standards in the 1990 Clean Air Act.
1849 (c) "Fleet" means ten or more vehicles:
1850 (i) owned or operated by a single entity as defined by board rule; and
1851 (ii) capable of being fueled or that are fueled at a central location.
1852 (d) "Fleet" does not include motor vehicles that are:
1853 (i) held for lease or rental to the general public;
1854 (ii) held for sale or used as demonstration vehicles by motor vehicle dealers;
1855 (iii) used by motor vehicle manufacturers for product evaluations or tests;
1856 (iv) authorized emergency vehicles as defined in Section 41-6a-102 ;
1857 (v) registered under Title 41, Chapter 1a, Part 2, Registration, as farm vehicles;
1858 (vi) special mobile equipment as defined in Section 41-1a-102 ;
1859 (vii) heavy duty trucks with a gross vehicle weight rating of more than 26,000 pounds;
1860 (viii) regularly used by employees to drive to and from work, parked at the employees'
1861 personal residences when they are not at their employment, and not practicably fueled at a
1862 central location;
1863 (ix) owned, operated, or leased by public transit districts; or
1864 (x) exempted by board rule.
1865 (2) (a) After evaluation of reasonably available pollution control strategies, and as part
1866 of the state implementation plan demonstrating attainment of the national ambient air quality
1867 standards, the board may by rule, subject to Subsection (2)(c), require fleets in specified
1868 geographical areas to use clean fuels if the board determines fleet use of clean fuels is:
1869 (i) necessary to demonstrate attainment of the national ambient air quality standards in
1870 any area where they are required; and
1871 (ii) reasonably cost effective when compared to other similarly beneficial control
1872 strategies for demonstrating attainment of the national ambient air quality standards.
1873 (b) State implementation plans developed prior to July 1, 1995, may require fleets to
1874 use clean fuels no earlier than July 1, 1995, unless the board determines fleet use of clean fuels
1875 is necessary prior to July 1, 1995, to demonstrate attainment of the national ambient air quality
1876 standards in any area by an attainment date established by federal law.
1877 (c) The board may not require more than 50% of those trucks in a fleet that are heavy
1878 duty trucks having a gross vehicle weight rating of more than 8,500 pounds and not more than
1879 26,000 pounds to convert to clean fuels under Subsection (2)(b).
1880 (3) (a) After evaluation of reasonably available pollution control strategies, and as part
1881 of a state implementation plan demonstrating only maintenance of the national ambient air
1882 quality standards, the board may by rule, subject to Subsection (3)(b), require fleets in
1883 specified geographical areas to use clean fuels if the board determines fleet use of clean fuels
1884 is:
1885 (i) necessary to demonstrate maintenance of the national ambient air quality standards
1886 in any area where they are required; and
1887 (ii) reasonably cost effective as compared with other similarly beneficial control
1888 strategies for demonstrating maintenance of the national ambient air quality standards.
1889 (b) Under Subsection (3)(a) the board may require no more than:
1890 (i) 30% of a fleet to use clean fuels before January 1, 1998;
1891 (ii) 50% of a fleet to use clean fuels before January 1, 1999; and
1892 (iii) 70% of a fleet to use clean fuels before January 1, 2000.
1893 (c) The board may not require more than 50% of those trucks in a fleet that are heavy
1894 duty trucks having a gross vehicle weight rating of more than 8,500 pounds and not more than
1895 26,000 pounds to convert to clean fuels under Subsection (3)(b).
1896 (4) Rules the board makes under this section may include:
1897 (a) dates by which fleets are required to convert to clean fuels under the provisions of
1898 this section;
1899 (b) definitions of fleet owners or operators;
1900 (c) definitions of vehicles exempted from this section by rule;
1901 (d) certification requirements for persons who install clean fuel conversion equipment,
1902 including testing and certification standards regarding installers; and
1903 (e) certification fees for installers, established under Section [
1904 (5) Implementation of this section and rules made under this section are subject to the
1905 reasonable availability of clean fuel in the local market as determined by the board.
1906 Section 44. Section 19-2-109.1 is amended to read:
1907 19-2-109.1. Operating permit required -- Emissions fee -- Implementation.
1908 (1) As used in this section and Sections 19-2-109.2 and 19-2-109.3 :
1909 (a) "EPA" means the federal Environmental Protection Agency.
1910 (b) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990.
1911 (c) "Operating permit" means a permit issued by the executive secretary to sources of
1912 air pollution that meet the requirements of Titles IV and V of the 1990 Clean Air Act.
1913 (d) "Program" means the air pollution operating permit program established under this
1914 section to comply with Title V of the 1990 Clean Air Act.
1915 (e) "Regulated pollutant" has the same meaning as defined in Title V of the 1990
1916 Clean Air Act and implementing federal regulations.
1917 (2) (a) A person may not operate any source of air pollution required to have a permit
1918 under Title V of the 1990 Clean Air Act without having obtained an operating permit from the
1919 executive secretary under procedures the board establishes by rule.
1920 (b) A person is not required to submit an operating permit application until the
1921 governor has submitted an operating permit program to the EPA.
1922 (c) Any operating permit issued under this section may not become effective until the
1923 day after the EPA issues approval of the permit program or November 15, 1995, whichever
1924 occurs first.
1925 (3) (a) Operating permits issued under this section shall be for a period of five years
1926 unless the board makes a written finding, after public comment and hearing, and based on
1927 substantial evidence in the record, that an operating permit term of less than five years is
1928 necessary to protect the public health and the environment of the state.
1929 (b) The executive secretary may issue, modify, or renew an operating permit only after
1930 providing public notice, an opportunity for public comment, and an opportunity for a public
1931 hearing.
1932 (c) The executive secretary shall, in conformity with the 1990 Clean Air Act and
1933 implementing federal regulations, revise the conditions of issued operating permits to
1934 incorporate applicable federal regulations in conformity with Section 502(b)(9) of the 1990
1935 Clean Air Act, if the remaining period of the permit is three or more years.
1936 (d) The executive secretary may terminate, modify, revoke, or reissue an operating
1937 permit for cause.
1938 (4) (a) The board shall establish a proposed annual emissions fee that conforms with
1939 Title V of the 1990 Clean Air Act for each ton of regulated pollutant, applicable to all sources
1940 required to obtain a permit. The emissions fee established under this section is in addition to
1941 fees assessed under Section 19-2-108 for issuance of an approval order.
1942 (b) In establishing the fee the board shall comply with the provisions of Section
1943 [
1944 submitted to the Legislature for its approval as part of the department's annual appropriations
1945 request.
1946 (c) The fee shall cover all reasonable direct and indirect costs required to develop and
1947 administer the program and the small business assistance program established under Section
1948 19-2-109.2 . The board shall prepare an annual report of the emissions fees collected and the
1949 costs covered by those fees under this Subsection (4).
1950 (d) The fee shall be established uniformly for all sources required to obtain an
1951 operating permit under the program and for all regulated pollutants.
1952 (e) The fee may not be assessed for emissions of any regulated pollutant if the
1953 emissions are already accounted for within the emissions of another regulated pollutant.
1954 (f) An emissions fee may not be assessed for any amount of a regulated pollutant
1955 emitted by any source in excess of 4,000 tons per year of that regulated pollutant.
1956 (5) Emissions fees for the period:
1957 (a) of July 1, 1992, through June 30, 1993, shall be based on the most recent
1958 emissions inventory prepared by the executive secretary; and
1959 (b) on and after July 1, 1993, but prior to issuance of an operating permit, shall be
1960 based on the most recent emissions inventory, unless a source elects prior to July 1, 1992, to
1961 base the fee on allowable emissions, if applicable for a regulated pollutant.
1962 (6) After an operating permit is issued the emissions fee shall be based on actual
1963 emissions for a regulated pollutant unless a source elects, prior to the issuance or renewal of a
1964 permit, to base the fee during the period of the permit on allowable emissions for that
1965 regulated pollutant.
1966 (7) If the owner or operator of a source subject to this section fails to timely pay an
1967 annual emissions fee, the executive secretary may:
1968 (a) impose a penalty of not more than 50% of the fee, in addition to the fee, plus
1969 interest on the fee computed at 12% annually; or
1970 (b) revoke the operating permit.
1971 (8) The owner or operator of a source subject to this section may contest an emissions
1972 fee assessment or associated penalty in an adjudicative hearing under the Title 63G, Chapter 4,
1973 Administrative Procedures Act, as provided in this Subsection (8).
1974 (a) The owner or operator must pay the fee under protest prior to being entitled to a
1975 hearing. Payment of an emissions fee or penalty under protest is not a waiver of the right to
1976 contest the fee or penalty under this section.
1977 (b) A request for a hearing under this Subsection (8) shall be made after payment of
1978 the emissions fee and within six months after the emissions fee was due.
1979 (9) To reinstate an operating permit revoked under Subsection (7) the owner or
1980 operator shall pay all outstanding emissions fees, a penalty of not more than 50% of all
1981 outstanding fees, and interest on the outstanding emissions fees computed at 12% annually.
1982 (10) All emissions fees and penalties collected by the department under this section
1983 shall be deposited in the General Fund as the Air Pollution Operating Permit Program
1984 dedicated credit to be used solely to pay for the reasonable direct and indirect costs incurred
1985 by the department in developing and administering the program and the small business
1986 assistance program under Section 19-2-109.2 .
1987 (11) Failure of the executive secretary to act on any operating permit application or
1988 renewal is a final administrative action only for the purpose of obtaining judicial review by
1989 any of the following persons to require the executive secretary to take action on the permit or
1990 its renewal without additional delay:
1991 (a) the applicant;
1992 (b) any person who participated in the public comment process; or
1993 (c) any other person who could obtain judicial review of that action under applicable
1994 law.
1995 Section 45. Section 19-2-109.5 is amended to read:
1996 19-2-109.5. Private sector air quality permitting professionals certification
1997 program.
1998 (1) As used in this section, "AQPP" means an air quality permitting professional.
1999 (2) The board may establish a program to certify private sector AQPPs, including
2000 consultants and employees of companies that may seek air quality permits from the division.
2001 Any program established under this section shall include:
2002 (a) a training program established and operated by the department, which describes
2003 and explains the state law and rules regarding the air quality permit application and approval
2004 procedure under this chapter;
2005 (b) the requirement to pass an exam to measure qualifications of AQPP applicants;
2006 (c) an option for certification of an AQPP by passing the exam without undergoing
2007 any training required under the program;
2008 (d) an application process, including a fee established under Section [
2009 63J-1-504 that covers the costs of the training, testing, and application process and the
2010 department's maintenance of a list of certified AQPPs;
2011 (e) certification of qualified AQPP applicants;
2012 (f) maintenance by the department of a current list of certified AQPPs, which is
2013 available to the public;
2014 (g) procedures for the expedited review by the department of air quality permit
2015 applications submitted by certified AQPPs; and
2016 (h) professional standards for AQPPs.
2017 (3) The board may not require AQPP certification as a condition of preparing or
2018 submitting a notice of intent or operating permit application under this chapter.
2019 (4) Any program under this section shall provide for revocation of any certification
2020 issued under this section if the department determines, through an administrative hearing
2021 conducted under Title 63G, Chapter 4, Administrative Procedures Act, that the AQPP:
2022 (a) knowingly or negligently submitted false information or data as part of an air
2023 quality permit application;
2024 (b) prepared more than three air quality permit applications in one calendar year in a
2025 manner that each did not substantially comply with department application requirements; or
2026 (c) prepared any air quality permit application in violation of the professional
2027 standards defined by department rule.
2028 Section 46. Section 19-3-104 is amended to read:
2029 19-3-104. Registration and licensing of radiation sources by department --
2030 Assessment of fees -- Rulemaking authority and procedure -- Siting criteria.
2031 (1) As used in this section:
2032 (a) "Decommissioning" includes financial assurance.
2033 (b) "Source material" and "byproduct material" have the same definitions as in 42
2034 U.S.C.A. 2014, Atomic Energy Act of 1954, as amended.
2035 (2) The board may require the registration or licensing of radiation sources that
2036 constitute a significant health hazard.
2037 (3) All sources of ionizing radiation, including ionizing radiation producing machines,
2038 shall be registered or licensed by the department.
2039 (4) The board may make rules:
2040 (a) necessary for controlling exposure to sources of radiation that constitute a
2041 significant health hazard;
2042 (b) to meet the requirements of federal law relating to radiation control to ensure the
2043 radiation control program under this part is qualified to maintain primacy from the federal
2044 government;
2045 (c) to establish:
2046 (i) board accreditation requirements and procedures for mammography facilities; and
2047 (ii) certification procedure and qualifications for persons who survey mammography
2048 equipment and oversee quality assurance practices at mammography facilities; and
2049 (d) as necessary regarding the possession, use, transfer, or delivery of source and
2050 byproduct material and the disposal of byproduct material to establish requirements for:
2051 (i) the licensing, operation, decontamination, and decommissioning, including
2052 financial assurances; and
2053 (ii) the reclamation of sites, structures, and equipment used in conjunction with the
2054 activities described in this Subsection (4).
2055 (5) (a) On and after January 1, 2003, a fee is imposed for the regulation of source and
2056 byproduct material and the disposal of byproduct material at uranium mills or commercial
2057 waste facilities, as provided in this Subsection (5).
2058 (b) On and after January 1, 2003 through March 30, 2003:
2059 (i) $6,667 per month for uranium mills or commercial sites disposing of or
2060 reprocessing byproduct material; and
2061 (ii) $4,167 per month for those uranium mills the executive secretary has determined
2062 are on standby status.
2063 (c) On and after March 31, 2003 through June 30, 2003 the same fees as in Subsection
2064 (5)(b) apply, but only if the federal Nuclear Regulatory Commission grants to Utah an
2065 amendment for agreement state status for uranium recovery regulation on or before March 30,
2066 2003.
2067 (d) If the Nuclear Regulatory Commission does not grant the amendment for state
2068 agreement status on or before March 30, 2003, fees under Subsection (5)(e) do not apply and
2069 are not required to be paid until on and after the later date of:
2070 (i) October 1, 2003; or
2071 (ii) the date the Nuclear Regulatory Commission grants to Utah an amendment for
2072 agreement state status for uranium recovery regulation.
2073 (e) For the payment periods beginning on and after July 1, 2003, the department shall
2074 establish the fees required under Subsection (5)(a) under Section [
2075 subject to the restrictions under Subsection (5)(d).
2076 (f) The department shall deposit fees it receives under this Subsection (5) into the
2077 Environmental Quality Restricted Account created in Section 19-1-108 .
2078 (6) (a) The department shall assess fees for registration, licensing, and inspection of
2079 radiation sources under this section.
2080 (b) The department shall comply with the requirements of Section [
2081 63J-1-504 in assessing fees for licensure and registration.
2082 (7) The department shall coordinate its activities with the Department of Health rules
2083 made under Section 26-21a-203 .
2084 (8) (a) Except as provided in Subsection (9), the board may not adopt rules, for the
2085 purpose of the state assuming responsibilities from the United States Nuclear Regulatory
2086 Commission with respect to regulation of sources of ionizing radiation, that are more stringent
2087 than the corresponding federal regulations which address the same circumstances.
2088 (b) In adopting those rules, the board may incorporate corresponding federal
2089 regulations by reference.
2090 (9) (a) The board may adopt rules more stringent than corresponding federal
2091 regulations for the purpose described in Subsection (8) only if it makes a written finding after
2092 public comment and hearing and based on evidence in the record that corresponding federal
2093 regulations are not adequate to protect public health and the environment of the state.
2094 (b) Those findings shall be accompanied by an opinion referring to and evaluating the
2095 public health and environmental information and studies contained in the record which form
2096 the basis for the board's conclusion.
2097 (10) (a) The board shall by rule:
2098 (i) authorize independent qualified experts to conduct inspections required under this
2099 chapter of x-ray facilities registered with the division; and
2100 (ii) establish qualifications and certification procedures necessary for independent
2101 experts to conduct these inspections.
2102 (b) Independent experts under this Subsection (10) are not considered employees or
2103 representatives of the division or the state when conducting the inspections.
2104 (11) (a) The board may by rule establish criteria for siting commercial low-level
2105 radioactive waste treatment or disposal facilities, subject to the prohibition imposed by Section
2106 19-3-103.7 .
2107 (b) Subject to Subsection 19-3-105 (10), any facility under Subsection (11)(a) for
2108 which a radioactive material license is required by this section shall comply with those criteria.
2109 (c) Subject to Subsection 19-3-105 (10), a facility may not receive a radioactive
2110 material license until siting criteria have been established by the board. The criteria also apply
2111 to facilities that have applied for but not received a radioactive material license.
2112 (12) The board shall by rule establish financial assurance requirements for closure
2113 and postclosure care of radioactive waste land disposal facilities, taking into account existing
2114 financial assurance requirements.
2115 Section 47. Section 19-3-106.4 is amended to read:
2116 19-3-106.4. Generator site access permits.
2117 (1) A generator or broker may not transfer radioactive waste to a commercial
2118 radioactive waste treatment or disposal facility in the state without first obtaining a generator
2119 site access permit from the executive secretary.
2120 (2) The board may make rules pursuant to Section 19-3-104 governing a generator site
2121 access permit program.
2122 (3) (a) Except as provided in Subsection (3)(b), the department shall establish fees for
2123 generator site access permits in accordance with Section [
2124 (b) On and after July 1, 2001 through June 30, 2002, the fees are:
2125 (i) $1,300 for generators transferring 1,000 or more cubic feet of radioactive waste per
2126 year;
2127 (ii) $500 for generators transferring less than 1,000 cubic feet of radioactive waste per
2128 year; and
2129 (iii) $5,000 for brokers.
2130 (c) The department shall deposit fees received under this section into the
2131 Environmental Quality Restricted Account created in Section 19-1-108 .
2132 (4) This section does not apply to a generator or broker transferring radioactive waste
2133 to a uranium mill licensed under 10 C.F.R. Part 40, Domestic Licensing of Source Material.
2134 Section 48. Section 19-3-308 is amended to read:
2135 19-3-308. Application fee and annual fees.
2136 (1) (a) Any application for a waste transfer, storage, decay in storage, treatment, or
2137 disposal facility shall be accompanied by an initial fee of $5,000,000.
2138 (b) The applicant shall subsequently pay an additional fee to cover the costs to the
2139 state associated with review of the application, including costs to the state and the state's
2140 contractors for permitting, technical, administrative, legal, safety, and emergency response
2141 reviews, planning, training, infrastructure, and other impact analyses, studies, and services
2142 required to evaluate a proposed facility.
2143 (2) For the purpose of funding the state oversight and inspection of any waste transfer,
2144 storage, decay in storage, treatment, or disposal facility, and to establish state infrastructure,
2145 including, but not limited to providing for state Department of Environmental Quality, state
2146 Department of Transportation, state Department of Public Safety, and other state agencies'
2147 technical, administrative, legal, infrastructure, maintenance, training, safety, socio-economic,
2148 law enforcement, and emergency resources necessary to respond to these facilities, the owner
2149 or operator shall pay to the state a fee as established by department rule under Section
2150 [
2151 (a) per ton of storage cask and high level nuclear waste per year for storage, decay in
2152 storage, treatment, or disposal of high level nuclear waste;
2153 (b) per ton of transportation cask and high level nuclear waste for each transfer of high
2154 level nuclear waste;
2155 (c) per ton of storage cask and greater than class C radioactive waste for the storage,
2156 decay in storage, treatment, or disposal of greater than class C radioactive waste; and
2157 (d) per ton of transportation cask and greater than class C radioactive waste for each
2158 transfer of greater than class C radioactive waste.
2159 (3) Funds collected under Subsection (2) shall be placed in the Nuclear Accident and
2160 Hazard Compensation Account, created in Subsection 19-3-309 (3).
2161 (4) The owner or operator of the facility shall pay the fees imposed under this section
2162 to the department on or before the 15th day of the month following the month in which the fee
2163 accrued.
2164 (5) Annual fees due under this part accrue on July 1 of each year and shall be paid to
2165 the department by July 15 of that year.
2166 Section 49. Section 19-3-315 is amended to read:
2167 19-3-315. Transportation requirements.
2168 (1) A person may not transport wastes in the state, including on highways, roads, rail,
2169 by air, or otherwise, without:
2170 (a) having received approval from the state Department of Transportation; and
2171 (b) having demonstrated compliance with rules of the state Department of
2172 Transportation.
2173 (2) The Department of Transportation may:
2174 (a) make rules requiring a transport and route approval permit, weight restrictions,
2175 tracking systems, and state escort; and
2176 (b) assess appropriate fees as established under Section [
2177 each shipment of waste, consistent with the requirements and limitations of federal law.
2178 (3) The Department of Environmental Quality shall establish any other transportation
2179 rules as necessary to protect the public health, safety, and environment.
2180 (4) Unless expressly authorized by the governor, with the concurrence of the
2181 Legislature, an easement or other interest in property may not be granted upon any lands
2182 within the state for a right of way for any carrier transportation system that:
2183 (a) is not a class I common or contract rail carrier organized and doing business prior
2184 to January 1, 1999; and
2185 (b) transports high level nuclear waste or greater than class C radioactive waste to a
2186 storage facility within the state.
2187 Section 50. Section 19-5-120 is amended to read:
2188 19-5-120. Sewage permit program fee.
2189 (1) The department may assess a fee established under Section [
2190 against persons required to obtain a permit under Section 19-5-108 for the management of
2191 sewage sludge, to be applied to the costs of administering the sewage permit program required
2192 by this chapter.
2193 (2) The total of the combined fees assessed against all permittees under this section
2194 may not be more than $28,000 annually.
2195 (3) In establishing the fee for each sludge disposal permit holder, the department shall
2196 take into account the proportionate size of the population served by the permit holder.
2197 (4) All proceeds from the fee shall be applied to the administering of the sewage
2198 permit program required by this chapter.
2199 Section 51. Section 19-5-121 is amended to read:
2200 19-5-121. Underground wastewater disposal systems -- Certification required to
2201 design, inspect, maintain, or conduct percolation or soil tests -- Exemptions -- Rules --
2202 Fees.
2203 (1) As used in this section, "maintain" does not include the pumping of an
2204 underground wastewater disposal system.
2205 (2) (a) Except as provided in Subsections (2)(b) and (2)(c), beginning January 1, 2002,
2206 a person may not design, inspect, maintain, or conduct percolation or soil tests for an
2207 underground wastewater disposal system, without first obtaining certification from the board.
2208 (b) An individual is not required to obtain certification from the board to maintain an
2209 underground wastewater disposal system that serves a noncommercial, private residence
2210 owned by the individual or a member of the individual's family and in which the individual or
2211 a member of the individual's family resides or an employee of the individual resides without
2212 payment of rent.
2213 (c) The board shall make rules allowing an uncertified individual to conduct
2214 percolation or soil tests for an underground wastewater disposal system that serves a
2215 noncommercial, private residence owned by the individual and in which the individual resides
2216 or intends to reside, or which is intended for use by an employee of the individual without
2217 payment of rent, if the individual:
2218 (i) has the capability of properly conducting the tests; and
2219 (ii) is supervised by a certified individual when conducting the tests.
2220 (3) (a) The board shall adopt and enforce rules for the certification and recertification
2221 of individuals who design, inspect, maintain, or conduct percolation or soil tests for
2222 underground wastewater disposal systems.
2223 (b) (i) The rules shall specify requirements for education and training and the type and
2224 duration of experience necessary to obtain certification.
2225 (ii) The rules shall recognize the following in meeting the requirements for
2226 certification:
2227 (A) the experience of a contractor licensed under Title 58, Chapter 55, Utah
2228 Construction Trades Licensing Act, who has five or more years of experience installing
2229 underground wastewater disposal systems;
2230 (B) the experience of an environmental health scientist licensed under Title 58,
2231 Chapter 20a, Environmental Health Scientist Act; or
2232 (C) the educational background of a professional engineer licensed under Title 58,
2233 Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act.
2234 (iii) If eligibility for certification is based on experience, the applicant for certification
2235 must show proof of experience.
2236 (4) The department may establish fees in accordance with Section [
2237 63J-1-504 for the testing and certification of individuals who design, inspect, maintain, or
2238 conduct percolation or soil tests for underground wastewater disposal systems.
2239 Section 52. Section 19-5-122 is amended to read:
2240 19-5-122. Underground wastewater disposal systems -- Fee imposed on new
2241 systems.
2242 (1) Beginning July 1, 2001, a one-time fee is imposed on each new underground
2243 wastewater disposal system installed.
2244 (2) (a) From July 1, 2001 through June 30, 2002, the fee shall be $25.
2245 (b) Beginning July 1, 2002, the fee shall be established by the department in
2246 accordance with Section [
2247 (3) (a) The fee shall be paid when plans and specifications for the construction of a
2248 new underground wastewater disposal system are approved by the local health department or
2249 the Department of Environmental Quality.
2250 (b) A local health department shall remit the fee revenue to the Division of Finance
2251 quarterly.
2252 (4) The fee revenue shall be:
2253 (a) deposited into the Underground Wastewater Disposal Restricted Account created
2254 in Section 19-5-123 ; and
2255 (b) used to pay for costs of underground wastewater disposal system training
2256 programs.
2257 Section 53. Section 19-6-408 is amended to read:
2258 19-6-408. Underground storage tank registration fee -- Processing fee for tanks
2259 not in the program.
2260 (1) The department may assess an annual underground storage tank registration fee
2261 against owners or operators of underground storage tanks that have not been closed. These
2262 fees shall be:
2263 (a) billed per facility;
2264 (b) due on July 1 annually;
2265 (c) deposited with the department as dedicated credits;
2266 (d) used by the department for the administration of the underground storage tank
2267 program outlined in this part; and
2268 (e) established under Section [
2269 (2) (a) In addition to the fee under Subsection (1), an owner or operator who elects to
2270 demonstrate financial assurance through a mechanism other than the Environmental
2271 Assurance Program shall pay a processing fee of:
2272 (i) for fiscal year 1997-98, $1,000 for each financial assurance mechanism document
2273 submitted to the division for review; and
2274 (ii) on and after July 1, 1998, a processing fee established under Section [
2275 63J-1-504 .
2276 (b) If a combination of financial assurance mechanisms is used to demonstrate
2277 financial assurance, the fee under Subsection (2)(a) shall be paid for each document
2278 submitted.
2279 (c) As used in this Subsection (2), "financial assurance mechanism document" may be
2280 a single document that covers more than one facility through a single financial assurance
2281 mechanism.
2282 (3) Any funds provided for administration of the underground storage tank program
2283 under this section that are not expended at the end of the fiscal year lapse into the Petroleum
2284 Storage Tank Restricted Account created in Section 19-6-405.5 .
2285 (4) The executive secretary shall provide all owners or operators who pay the annual
2286 underground storage tank registration fee a certificate of registration.
2287 (5) (a) The executive secretary may issue a notice of agency action assessing a civil
2288 penalty of $1,000 per facility if an owner or operator of an underground storage tank facility
2289 fails to pay the required fee within 60 days after the July 1 due date.
2290 (b) The registration fee and late payment penalty accrue interest at 12% per annum.
2291 (c) If the registration fee, late payment penalty, and interest accrued under this
2292 Subsection (5) are not paid in full within 60 days after the July 1 due date any certificate of
2293 compliance issued prior to the July 1 due date lapses. The executive secretary may not reissue
2294 the certificate of compliance until full payment under this Subsection (5) is made to the
2295 department.
2296 (d) The executive secretary may waive any penalty assessed under this Subsection (5)
2297 if no fuel has been dispensed from the tank on or after July 1, 1991.
2298 Section 54. Section 19-6-806 is amended to read:
2299 19-6-806. Registration of waste tire transporters and recyclers.
2300 (1) (a) The executive secretary shall register each applicant for registration to act as a
2301 waste tire transporter if the applicant meets the requirements of this section.
2302 (b) An applicant for registration as a waste tire transporter shall:
2303 (i) submit an application in a form prescribed by the executive secretary;
2304 (ii) pay a fee as determined by the board under Section [
2305 (iii) provide the name and business address of the operator;
2306 (iv) provide proof of liability insurance or other form of financial responsibility in an
2307 amount determined by board rule, but not more than $300,000, for any liability the waste tire
2308 transporter may incur in transporting waste tires; and
2309 (v) meet requirements established by board rule.
2310 (c) The holder of a registration under this section shall advise the executive secretary
2311 in writing of any changes in application information provided to the executive secretary within
2312 20 days of the change.
2313 (d) If the executive secretary has reason to believe a waste tire transporter has disposed
2314 of tires other than as allowed under this part, the executive secretary shall conduct an
2315 investigation and, after complying with the procedural requirements of Title 63G, Chapter 4,
2316 Administrative Procedures Act, may revoke the registration.
2317 (2) (a) The executive secretary shall register each applicant for registration to act as a
2318 waste tire recycler if the applicant meets the requirements of this section.
2319 (b) An applicant for registration as a waste tire recycler shall:
2320 (i) submit an application in a form prescribed by the executive secretary;
2321 (ii) pay a fee as determined by the board under Section [
2322 (iii) provide the name and business address of the operator of the recycling business;
2323 (iv) provide proof of liability insurance or other form of financial responsibility in an
2324 amount determined by board rule, but not more than $300,000, for any liability the waste tire
2325 recycler may incur in storing and recycling waste tires;
2326 (v) engage in activities as described under the definition of recycler in Section
2327 19-6-803 ; and
2328 (vi) meet requirements established by board rule.
2329 (c) The holder of a registration under this section shall advise the executive secretary
2330 in writing of any changes in application information provided to the executive secretary within
2331 20 days of the change.
2332 (d) If the executive secretary has reason to believe a waste tire recycler has falsified
2333 any information provided in an application for partial reimbursement under this section, the
2334 executive secretary shall, after complying with the procedural requirements of Title 63G,
2335 Chapter 4, Administrative Procedures Act, revoke the registration.
2336 (3) The board shall establish a uniform fee for registration which shall be imposed by
2337 any unit of local government or local health department that requires a registration fee as part
2338 of the registration of waste tire transporters or waste tire recyclers.
2339 Section 55. Section 19-6-1003 is amended to read:
2340 19-6-1003. Board and executive secretary powers.
2341 (1) By following the procedures and requirements of Title 63G, Chapter 3, Utah
2342 Administrative Rulemaking Act, the board shall make rules:
2343 (a) governing administrative proceedings under this part;
2344 (b) specifying the terms and conditions under which the executive secretary shall
2345 approve, disapprove, revoke, or review a plan submitted by a manufacturer; and
2346 (c) governing reports and educational materials required by this part.
2347 (2) These rules shall include:
2348 (a) time requirements for plan submission, review, approval, and implementation;
2349 (b) a public notice and comment period for a proposed plan; and
2350 (c) safety standards for the collection, packaging, transportation, storage, recycling,
2351 and disposal of mercury switches.
2352 (3) The board may request the attorney general to bring an action for injunctive relief
2353 and enforcement of this part, including, without limitation, imposition of the penalty provided
2354 in Section 19-6-1006 .
2355 (4) As authorized by the board, the executive secretary may:
2356 (a) review and approve or disapprove plans, specifications, or other data related to
2357 mercury switch removal;
2358 (b) enforce a rule by issuing a notice, an order, or both, which may be subsequently
2359 amended or revoked by the board; and
2360 (c) initiate an administrative action to compel compliance with this part and any rules
2361 adopted under this part.
2362 (5) The executive secretary shall establish a fee to cover the costs of a plan's review by
2363 following the procedures and requirements of Section [
2364 Section 56. Section 19-8-117 is amended to read:
2365 19-8-117. Program report and budget allocations -- Fee schedule.
2366 (1) (a) For applications submitted on or after May 5, 1997 through June 30, 1998, the
2367 application fee under this chapter is $2,000.
2368 (b) Regarding applications submitted on and after July 1, 1998, the executive director
2369 shall annually calculate the costs to administer the voluntary cleanup program under this
2370 chapter and shall establish the fees for the program under Section [
2371 (2) All fees under Subsection (1) shall be deposited in the account created under
2372 Section 19-8-103 .
2373 Section 57. Section 23-14-18 is amended to read:
2374 23-14-18. Establishment of seasons, locations, limits, and regulations by Wildlife
2375 Board.
2376 (1) To provide an adequate and flexible system of protection, propagation,
2377 introduction, increase, control, harvest, management, and conservation of protected wildlife in
2378 this state and to provide for the use and development of protected wildlife for public recreation
2379 and food supply while maintaining a sustainable population of protected wildlife, the Wildlife
2380 Board shall determine the circumstances, time, location, means, and the amounts, and
2381 numbers of protected wildlife which may be taken.
2382 (2) The Wildlife Board shall, except as otherwise specified in this code:
2383 (a) fix seasons and shorten, extend, or close seasons on any species of protected
2384 wildlife in any locality, or in the entire state, if the board finds that the action is necessary to
2385 effectuate proper wildlife management and control;
2386 (b) close or open areas to fishing, trapping, or hunting;
2387 (c) establish refuges and preserves;
2388 (d) regulate and prescribe the means by which protected wildlife may be taken;
2389 (e) regulate the transportation and storage of protected wildlife, or their parts, within
2390 the boundaries of the state and the shipment or transportation out of the state;
2391 (f) establish or change bag limits and possession limits;
2392 (g) prescribe safety measures and establish other regulations as may be considered
2393 necessary in the interest of wildlife conservation and the safety and welfare of hunters,
2394 trappers, fishermen, landowners, and the public;
2395 (h) (i) prescribe when licenses, permits, tags, and certificates of registration shall be
2396 required and procedures for their issuance and use; and
2397 (ii) establish forms and fees for licenses, permits, tags, and certificates of registration;
2398 and
2399 (i) prescribe rules and regulations as it may consider necessary to control the use and
2400 harvest of protected wildlife by private associations, clubs, partnerships, or corporations,
2401 provided the rules and regulations do not preclude the landowner from personally controlling
2402 trespass upon the owner's properties nor from charging a fee to trespass for purposes of
2403 hunting or fishing.
2404 (3) The Wildlife Board may allow a season on protected wildlife to commence on any
2405 day of the week except Sunday.
2406 (4) The Wildlife Board shall establish fees for licenses, permits, tags, and certificates
2407 of registration in accordance with Section [
2408 Section 58. Section 23-16-4 is amended to read:
2409 23-16-4. Compensation for damage to crops, fences, or irrigation equipment --
2410 Limitations -- Appeals.
2411 (1) The division may provide compensation to claimants for damage caused by big
2412 game to:
2413 (a) cultivated crops from or on cleared and planted land;
2414 (b) fences on private land; or
2415 (c) irrigation equipment on private land.
2416 (2) To be eligible to receive compensation as provided in this section, the claimant:
2417 (a) must notify the division of the damage within 72 hours after the damage is
2418 discovered; and
2419 (b) allow division personnel reasonable access to the property to verify and alleviate
2420 the depredation problem.
2421 (3) (a) The appraisal of the damage shall be made by the claimant and the division as
2422 soon after notification as possible.
2423 (b) In determining damage payment, the division and claimant shall consider:
2424 (i) the extent of damage experienced; and
2425 (ii) any revenue the landowner derives from:
2426 (A) participation in a cooperative wildlife management unit;
2427 (B) use of landowner association permits;
2428 (C) use of mitigation permits; and
2429 (D) charging for hunter access.
2430 (c) In determining how to assess and compensate for damages to cultivated crops, the
2431 division's determination shall be based on the:
2432 (i) full replacement value in the local market of the cultivated crops that actually have
2433 been or will be damaged or consumed by big game animals; and
2434 (ii) cost of delivery of a replacement crop to the location of the damaged crop or other
2435 location that is not farther from the source of the replacement crop.
2436 (d) If the claimant and the division are unable to agree on a fair and equitable damage
2437 payment, they shall designate a third party, consisting of one or more persons familiar with the
2438 crops, fences, or irrigation equipment and the type of game animals doing the damage, to
2439 appraise the damage.
2440 (4) (a) Notwithstanding Section [
2441 compensation that may be provided by the division pursuant to this section and the total cost
2442 of fencing materials provided by the division to prevent crop damage may not exceed the
2443 legislative appropriation for fencing material and compensation for damaged crops, fences,
2444 and irrigation equipment.
2445 (b) (i) Any claim of $1,000 or less may be paid after appraisal of the damage as
2446 provided in Subsection (3), unless the claim brings the total amount of claims submitted by
2447 the claimant in the fiscal year to an amount in excess of $1,000.
2448 (ii) Any claim for damage to irrigation equipment may be paid after appraisal of the
2449 damage as provided in Subsection (3).
2450 (c) (i) Any claim in excess of $1,000, or claim that brings the total amount of claims
2451 submitted by the claimant in the fiscal year to an amount in excess of $1,000, shall be treated
2452 as follows:
2453 (A) $1,000 may be paid pursuant to the conditions of this section; and
2454 (B) the amount in excess of $1,000 may not be paid until the total amount of the
2455 approved claims of all the claimants and expenses for fencing materials for the fiscal year are
2456 determined.
2457 (ii) If the total exceeds the amount appropriated by the Legislature pursuant to
2458 Subsection (4)(a), claims in excess of $1,000, or any claim that brings the total amount of a
2459 claimant's claims in a fiscal year to an amount in excess of $1,000, shall be prorated.
2460 (5) The division may deny or limit compensation if the claimant:
2461 (a) has failed to exercise reasonable care and diligence to avoid the loss or minimize
2462 the damage; or
2463 (b) has unreasonably restricted hunting on land under the claimant's control or passage
2464 through the land to access public lands for the purpose of hunting, after receiving written
2465 notification from the division of the necessity of allowing such hunting or access to control or
2466 mitigate damage by big game.
2467 (6) (a) The Wildlife Board shall make rules specifying procedures for the appeal of
2468 division actions under this section.
2469 (b) Upon the petition of an aggrieved party to a final division action, the Wildlife
2470 Board may review the action on the record and issue an order modifying or rescinding the
2471 division action.
2472 (c) A qualified hearing examiner may be appointed for purposes of taking evidence
2473 and making recommendations for a board order. The board shall consider the
2474 recommendations of the examiner in making decisions.
2475 (d) Board review of final agency action and judicial review of final board action shall
2476 be governed by Title 63G, Chapter 4, Administrative Procedures Act.
2477 Section 59. Section 26-1-6 is amended to read:
2478 26-1-6. Fee schedule adopted by department.
2479 (1) The department may adopt a schedule of fees that may be assessed for services
2480 rendered by the department, provided that the fees are:
2481 (a) reasonable and fair; and
2482 (b) submitted to the Legislature as part of the department's annual appropriations
2483 request.
2484 (2) When the department submits a fee schedule to the Legislature, the Legislature, in
2485 accordance with Section [
2486 (a) approve the fee;
2487 (b) increase or decrease and approve the fee; or
2488 (c) reject any fee submitted to it.
2489 (3) Fees approved by the Legislature pursuant to this section shall be paid into the
2490 state treasury in accordance with Section [
2491 Section 60. Section 26-2-22 is amended to read:
2492 26-2-22. Inspection of vital records.
2493 (1) (a) The vital records shall be open to inspection, but only in compliance with the
2494 provisions of this chapter, department rules, and Section 78B-6-144 .
2495 (b) It is unlawful for any state or local officer or employee to disclose data contained
2496 in vital records contrary to this chapter or department rule.
2497 (c) A custodian of vital records may permit inspection of a vital record or issue a
2498 certified copy of a record or a part of a record when the custodian is satisfied that the applicant
2499 has demonstrated a direct, tangible, and legitimate interest.
2500 (2) A direct, tangible, and legitimate interest in a vital record is present only if:
2501 (a) the request is from:
2502 (i) the subject;
2503 (ii) a member of the subject's immediate family;
2504 (iii) the guardian of the subject;
2505 (iv) a designated legal representative of the subject; or
2506 (v) a person, including a child-placing agency as defined in Section 78B-6-103 , with
2507 whom a child has been placed pending finalization of an adoption of the child;
2508 (b) the request involves a personal or property right of the subject of the record;
2509 (c) the request is for official purposes of a state, local, or federal governmental agency;
2510 (d) the request is for a statistical or medical research program and prior consent has
2511 been obtained from the state registrar; or
2512 (e) the request is a certified copy of an order of a court of record specifying the record
2513 to be examined or copied.
2514 (3) For purposes of Subsection (2):
2515 (a) "immediate family member" means a spouse, child, parent, sibling, grandparent, or
2516 grandchild;
2517 (b) a designated legal representative means an attorney, physician, funeral service
2518 director, genealogist, or other agent of the subject or the subject's immediate family who has
2519 been delegated the authority to access vital records;
2520 (c) except as provided in Title 78B, Chapter 6, Part 1, Utah Adoption Act, a parent, or
2521 the immediate family member of a parent, who does not have legal or physical custody of or
2522 visitation or parent-time rights for a child because of the termination of parental rights
2523 pursuant to Title 78A, Chapter 6, Juvenile Court Act of 1996, or by virtue of consenting to or
2524 relinquishing a child for adoption pursuant to Title 78B, Chapter 6, Part 1, Utah Adoption Act,
2525 may not be considered as having a direct, tangible, and legitimate interest; and
2526 (d) a commercial firm or agency requesting names, addresses, or similar information
2527 may not be considered as having a direct, tangible, and legitimate interest.
2528 (4) Upon payment of a fee established in accordance with Section [
2529 63J-1-504 , the following records shall be available to the public:
2530 (a) except as provided in Subsection 26-2-10 (4)(b), a birth record, excluding
2531 confidential information collected for medical and health use, if 100 years or more have
2532 passed since the date of birth;
2533 (b) a death record if 50 years or more have passed since the date of death; and
2534 (c) a vital record not subject to Subsection (4)(a) or (b) if 75 years or more have
2535 passed since the date of the event upon which the record is based.
2536 Section 61. Section 26-21a-205 is amended to read:
2537 26-21a-205. Department duties.
2538 The department shall:
2539 (1) enforce rules established under this part;
2540 (2) authorize qualified department agents to conduct inspections of mammogram
2541 facilities under department rules;
2542 (3) collect and credit fees for certification under Section [
2543 (4) provide necessary administrative and staff support to the committee.
2544 Section 62. Section 31A-3-103 is amended to read:
2545 31A-3-103. Fees.
2546 (1) For purposes of this section:
2547 (a) "Regulatory fee" is as defined in Section [
2548 (b) "Services" means functions that are reasonable and necessary to enable the
2549 commissioner to perform the duties imposed by this title including:
2550 (i) issuing and renewing licenses and certificates of authority;
2551 (ii) filing policy forms;
2552 (iii) reporting agent appointments and terminations; and
2553 (iv) filing annual statements.
2554 (c) Fees related to the renewal of licenses may be imposed no more frequently than
2555 once each year.
2556 (2) (a) A regulatory fee charged by the department shall be set in accordance with
2557 Section [
2558 (b) Fees shall be set and collected for services provided by the department.
2559 (3) (a) For a fee authorized by this chapter that is not a regulatory fee, the department
2560 may adopt a schedule of fees provided that each fee in the schedule of fees is:
2561 (i) reasonable and fair; and
2562 (ii) submitted to the Legislature as part of the department's annual appropriations
2563 request.
2564 (b) If a fee schedule described in Subsection (3)(a) is submitted as part of the
2565 department's annual appropriations request, the Legislature may, in a manner substantially
2566 similar to Section [
2567 (i) approve any fee in the fee schedule;
2568 (ii) (A) increase or decrease any fee in the fee schedule; and
2569 (B) approve any fee in the fee schedule as changed by the Legislature; or
2570 (iii) reject any fee in the fee schedule.
2571 (c) (i) Except as provided in Subsection (3)(c)(ii), a fee approved by the Legislature
2572 pursuant to this Subsection (3) shall be deposited into the General Fund for appropriation by
2573 the Legislature.
2574 (ii) A fee approved by the Legislature pursuant to this Subsection (3) that relates to the
2575 use of electronic or other similar technology to provide the services of the department shall be
2576 deposited into the General Fund as a dedicated credit to be used by the department to provide
2577 services through use of electronic commerce or other similar technology.
2578 (4) The commissioner shall separately publish the schedule of fees approved by the
2579 Legislature and make it available upon request for $1 per copy. This fee schedule shall also be
2580 included in any compilation of rules promulgated by the commissioner.
2581 (5) The commissioner shall, by rule, establish the deadlines for payment of any fee
2582 established by the department in accordance with this section.
2583 Section 63. Section 31A-3-304 (Superseded 07/01/10) is amended to read:
2584 31A-3-304 (Superseded 07/01/10). Annual fees -- Other taxes or fees prohibited.
2585 (1) (a) A captive insurance company shall pay an annual fee imposed under this
2586 section to obtain or renew a certificate of authority.
2587 (b) The commissioner shall:
2588 (i) determine the annual fee pursuant to Sections 31A-3-103 and [
2589 63J-1-504 ; and
2590 (ii) consider whether the annual fee is competitive with fees imposed by other states
2591 on captive insurance companies.
2592 (2) A captive insurance company that fails to pay the fee required by this section is
2593 subject to the relevant sanctions of this title.
2594 (3) (a) Except as provided in Subsection (3)(b) and notwithstanding Title 59, Chapter
2595 9, Taxation of Admitted Insurers, the fee provided for in this section constitutes the sole tax or
2596 fee under the laws of this state that may be otherwise levied or assessed on a captive insurance
2597 company, and no other occupation tax or other tax or fee may be levied or collected from a
2598 captive insurance company by the state or a county, city, or municipality within this state.
2599 (b) Notwithstanding Subsection (3)(a), a captive insurance company is subject to real
2600 and personal property taxes.
2601 (4) A captive insurance company shall pay the fee imposed by this section to the
2602 department by March 31 of each year.
2603 (5) (a) The funds received pursuant to Subsection (2) shall be deposited into the
2604 General Fund as a dedicated credit to be used by the department to:
2605 (i) administer and enforce Chapter 37, Captive Insurance Companies Act; and
2606 (ii) promote the captive insurance industry in Utah.
2607 (b) At the end of each fiscal year, funds received by the department in excess of
2608 $250,000 shall be treated as free revenue in the General Fund.
2609 Section 64. Section 31A-3-304 (Effective 07/01/10) is amended to read:
2610 31A-3-304 (Effective 07/01/10). Annual fees -- Other taxes or fees prohibited.
2611 (1) (a) A captive insurance company shall pay an annual fee imposed under this
2612 section to obtain or renew a certificate of authority.
2613 (b) The commissioner shall:
2614 (i) determine the annual fee pursuant to Sections 31A-3-103 and [
2615 63J-1-504 ; and
2616 (ii) consider whether the annual fee is competitive with fees imposed by other states
2617 on captive insurance companies.
2618 (2) A captive insurance company that fails to pay the fee required by this section is
2619 subject to the relevant sanctions of this title.
2620 (3) (a) Except as provided in Subsection (3)(b) and notwithstanding Title 59, Chapter
2621 9, Taxation of Admitted Insurers, the fee provided for in this section constitutes the sole tax or
2622 fee under the laws of this state that may be otherwise levied or assessed on a captive insurance
2623 company, and no other occupation tax or other tax or fee may be levied or collected from a
2624 captive insurance company by the state or a county, city, or municipality within this state.
2625 (b) Notwithstanding Subsection (3)(a), a captive insurance company is subject to real
2626 and personal property taxes.
2627 (4) A captive insurance company shall pay the fee imposed by this section to the
2628 department by March 31 of each year.
2629 (5) (a) The funds received pursuant to Subsection (2) shall be deposited into the
2630 General Fund as a dedicated credit to be used by the department to:
2631 (i) administer and enforce Chapter 37, Captive Insurance Companies Act; and
2632 (ii) promote the captive insurance industry in Utah.
2633 (b) At the end of each fiscal year, funds received by the department in excess of
2634 $750,000 shall be treated as free revenue in the General Fund.
2635 Section 65. Section 31A-34-104 is amended to read:
2636 31A-34-104. Alliance -- Required license.
2637 (1) A person must be licensed as an alliance pursuant to this chapter to directly or
2638 indirectly make available or otherwise arrange for health insurance through multiple
2639 unaffiliated insurers through the use of coordinated actuarial models, coordinated
2640 underwriting, or coordinated marketing methodologies.
2641 (2) (a) A person may not hold itself out as a health insurance purchasing alliance,
2642 purchasing alliance, health insurance purchasing cooperative, purchasing cooperative, or
2643 otherwise use a similar name unless licensed by the commissioner as an alliance.
2644 (b) Notwithstanding Subsection (2)(a), a person may hold itself out as a voluntary
2645 health insurance purchasing association without being licensed by the commissioner as
2646 provided in Section 31A-34-105 .
2647 (3) To apply for licensure as an alliance, a person shall complete an application in a
2648 form designated by the commissioner and file it with the commissioner, together with the
2649 applicable filing fees determined by the commissioner under Section [
2650 Section 66. Section 31A-35-301 is amended to read:
2651 31A-35-301. The commissioner's authority.
2652 (1) The commissioner shall:
2653 (a) make rules as necessary for the administration of this chapter;
2654 (b) with information as provided by the board, issue or deny licensure under this
2655 chapter;
2656 (c) take action regarding a license, including suspension or revocation; and
2657 (d) maintain and publish a current list of licensed bail bond surety companies and
2658 producers.
2659 (2) The commissioner may establish fees for the issuance, renewal, and reinstatement
2660 of a bail bond surety company license in accordance with Section [
2661 Section 67. Section 31A-35-401 is amended to read:
2662 31A-35-401. Requirement for license or certificate of authority -- Process -- Fees
2663 -- Limitations.
2664 (1) (a) A person may not engage in the bail bond surety insurance business unless that
2665 person:
2666 (i) is a bail bond surety company licensed under this chapter;
2667 (ii) is a surety insurer that is granted a certificate under this section in the same
2668 manner as other insurers doing business in this state are granted certificates of authority under
2669 this title; or
2670 (iii) is a bail bond producer licensed in accordance with this section.
2671 (b) A bail bond surety company shall be licensed under this chapter as an agency.
2672 (c) A bail bond producer shall be licensed under Chapter 23a, Insurance Marketing -
2673 Licensing Producers, Consultants, and Reinsurance Intermediaries, as a limited lines producer.
2674 (2) A person applying for a bail bond surety company license under this chapter shall
2675 submit to the commissioner:
2676 (a) a completed application form as prescribed by the commissioner;
2677 (b) a fee as determined by the commissioner in accordance with Section [
2678 63J-1-504 ; and
2679 (c) any additional information required by rule.
2680 (3) Fees required under this section are not refundable.
2681 (4) Fees collected from a bail bond surety company shall be deposited in a restricted
2682 account created in Section 31A-35-407 .
2683 (5) (a) A bail bond surety company shall be domiciled in Utah.
2684 (b) A bail bond producer shall be a resident of Utah.
2685 (c) A foreign surety insurer that is granted a certificate to issue bail bonds may only
2686 issue bail bonds through a bail bond surety company licensed under this chapter.
2687 Section 68. Section 31A-35-406 is amended to read:
2688 31A-35-406. Renewal and reinstatement.
2689 (1) (a) To renew its license under this chapter, on or before the last day of the month in
2690 which the license expires a bail bond surety company shall:
2691 (i) complete and submit a renewal application to the department; and
2692 (ii) pay the department the applicable renewal fee established in accordance with
2693 Section [
2694 (b) A bail bond surety company shall renew its license under this chapter annually as
2695 established by department rule, regardless of when the license is issued.
2696 (2) A bail bond surety company may renew a bail bond surety company license not
2697 renewed under Subsection (1) within 30 days after the expiration date by:
2698 (a) submitting a renewal application required by Subsection (1); and
2699 (b) paying a late renewal fee established in accordance with Section [
2700 63J-1-504 .
2701 (3) A bail bond surety company may apply for reinstatement of an expired bail bond
2702 surety company license between 31 days and six months following the expiration of the license
2703 under Subsection (1) by:
2704 (a) submitting the renewal application required by Subsection (1); and
2705 (b) paying a license reinstatement fee established in accordance with Section
2706 [
2707 (4) If a bail bond surety company license has been expired for more than six months,
2708 the person applying for reinstatement of the bail bond surety license shall:
2709 (a) submit an application form to the commissioner; and
2710 (b) pay the application fee established in accordance with Section [
2711 63J-1-504 .
2712 (5) If a bail bond surety company license is suspended, the applicant may not submit
2713 an application for a bail bond surety company license until after the end of the period of
2714 suspension.
2715 (6) Fees collected under this section shall be deposited in the restricted account
2716 created in Section 31A-35-407 .
2717 Section 69. Section 31A-37-202 is amended to read:
2718 31A-37-202. Permissive areas of insurance.
2719 (1) (a) Except as provided in Subsection (1)(b), when permitted by its articles of
2720 incorporation or charter, a captive insurance company may apply to the commissioner for a
2721 certificate of authority to do all insurance authorized by this title except workers'
2722 compensation insurance.
2723 (b) Notwithstanding Subsection (1)(a):
2724 (i) a pure captive insurance company may not insure a risk other than a risk of:
2725 (A) its parent or affiliate;
2726 (B) a controlled unaffiliated business; or
2727 (C) a combination of Subsections (1)(b)(i)(A) and (B);
2728 (ii) an association captive insurance company may not insure a risk other than a risk
2729 of:
2730 (A) an affiliate;
2731 (B) a member organization of its association; and
2732 (C) an affiliate of a member organization of its association;
2733 (iii) an industrial insured captive insurance company may not insure a risk other than
2734 a risk of:
2735 (A) an industrial insured that is part of the industrial insured group;
2736 (B) an affiliate of an industrial insured that is part of the industrial insured group; and
2737 (C) a controlled unaffiliated business of:
2738 (I) an industrial insured that is part of the industrial insured group; or
2739 (II) an affiliate of an industrial insured that is part of the industrial insured group;
2740 (iv) a special purpose captive insurance company may only insure a risk of its parent;
2741 (v) a captive insurance company may not provide:
2742 (A) personal motor vehicle insurance coverage;
2743 (B) homeowner's insurance coverage; or
2744 (C) a component of a coverage described in this Subsection (1)(b)(v); and
2745 (vi) a captive insurance company may not accept or cede reinsurance except as
2746 provided in Section 31A-37-303 .
2747 (c) Notwithstanding Subsection (1)(b)(iv), for a risk approved by the commissioner a
2748 special purpose captive insurance company may provide:
2749 (i) insurance;
2750 (ii) reinsurance; or
2751 (iii) both insurance and reinsurance.
2752 (2) To conduct insurance business in this state a captive insurance company shall:
2753 (a) obtain from the commissioner a certificate of authority authorizing it to conduct
2754 insurance business in this state;
2755 (b) hold at least once each year in this state:
2756 (i) a board of directors meeting; or
2757 (ii) in the case of a reciprocal insurer, a subscriber's advisory committee meeting;
2758 (c) maintain in this state:
2759 (i) the principal place of business of the captive insurance company; or
2760 (ii) in the case of a branch captive insurance company, the principal place of business
2761 for the branch operations of the branch captive insurance company; and
2762 (d) except as provided in Subsection (3), appoint a resident registered agent to accept
2763 service of process and to otherwise act on behalf of the captive insurance company in this
2764 state.
2765 (3) Notwithstanding Subsection (2)(d), in the case of a captive insurance company
2766 formed as a corporation or a reciprocal insurer, if the registered agent cannot with reasonable
2767 diligence be found at the registered office of the captive insurance company, the commissioner
2768 is the agent of the captive insurance company upon whom process, notice, or demand may be
2769 served.
2770 (4) (a) Before receiving a certificate of authority, a captive insurance company:
2771 (i) formed as a corporation shall file with the commissioner:
2772 (A) a certified copy of:
2773 (I) articles of incorporation or the charter of the corporation; and
2774 (II) bylaws of the corporation;
2775 (B) a statement under oath of the president and secretary of the corporation showing
2776 the financial condition of the corporation; and
2777 (C) any other statement or document required by the commissioner under Section
2778 31A-37-106 ;
2779 (ii) formed as a reciprocal shall:
2780 (A) file with the commissioner:
2781 (I) a certified copy of the power of attorney of the attorney-in-fact of the reciprocal;
2782 (II) a certified copy of the subscribers' agreement of the reciprocal;
2783 (III) a statement under oath of the attorney-in-fact of the reciprocal showing the
2784 financial condition of the reciprocal; and
2785 (IV) any other statement or document required by the commissioner under Section
2786 31A-37-106 ; and
2787 (B) submit to the commissioner for approval a description of the:
2788 (I) coverages;
2789 (II) deductibles;
2790 (III) coverage limits;
2791 (IV) rates; and
2792 (V) any other information the commissioner requires under Section 31A-37-106 .
2793 (b) (i) If there is a subsequent material change in an item in the description required
2794 under Subsection (4)(a)(ii)(B) for a reciprocal captive insurance company, the reciprocal
2795 captive insurance company shall submit to the commissioner for approval an appropriate
2796 revision to the description required under Subsection (4)(a)(ii)(B).
2797 (ii) A reciprocal captive insurance company that is required to submit a revision under
2798 Subsection (4)(b)(i) may not offer any additional types of insurance until the commissioner
2799 approves a revision of the description.
2800 (iii) A reciprocal captive insurance company shall inform the commissioner of a
2801 material change in a rate within 30 days of the adoption of the change.
2802 (c) In addition to the information required by Subsection (4)(a), an applicant captive
2803 insurance company shall file with the commissioner evidence of:
2804 (i) the amount and liquidity of the assets of the applicant captive insurance company
2805 relative to the risks to be assumed by the applicant captive insurance company;
2806 (ii) the adequacy of the expertise, experience, and character of the person who will
2807 manage the applicant captive insurance company;
2808 (iii) the overall soundness of the plan of operation of the applicant captive insurance
2809 company;
2810 (iv) the adequacy of the loss prevention programs for the following of the applicant
2811 captive insurance company:
2812 (A) a parent;
2813 (B) a member organization; or
2814 (C) an industrial insured; and
2815 (v) any other factor the commissioner:
2816 (A) adopts by rule under Section 31A-37-106 ; and
2817 (B) considers relevant in ascertaining whether the applicant captive insurance
2818 company will be able to meet the policy obligations of the applicant captive insurance
2819 company.
2820 (d) In addition to the information required by Subsections (4)(a), (b), and (c), an
2821 applicant sponsored captive insurance company shall file with the commissioner:
2822 (i) a business plan at the level of detail required by the commissioner under Section
2823 31A-37-106 demonstrating:
2824 (A) the manner in which the applicant sponsored captive insurance company will
2825 account for the losses and expenses of each protected cell; and
2826 (B) the manner in which the applicant sponsored captive insurance company will
2827 report to the commissioner the financial history, including losses and expenses, of each
2828 protected cell;
2829 (ii) a statement acknowledging that the applicant sponsored captive insurance
2830 company will make all financial records of the applicant sponsored captive insurance
2831 company, including records pertaining to a protected cell, available for inspection or
2832 examination by the commissioner;
2833 (iii) a contract or sample contract between the applicant sponsored captive insurance
2834 company and a participant; and
2835 (iv) evidence that expenses will be allocated to each protected cell in an equitable
2836 manner.
2837 (5) (a) Information submitted pursuant to Subsection (4) is classified as a protected
2838 record under Title 63G, Chapter 2, Government Records Access and Management Act.
2839 (b) Notwithstanding Title 63G, Chapter 2, Government Records Access and
2840 Management Act, the commissioner may disclose information submitted pursuant to
2841 Subsection (4) to a public official having jurisdiction over the regulation of insurance in
2842 another state if:
2843 (i) the public official receiving the information agrees in writing to maintain the
2844 confidentiality of the information; and
2845 (ii) the laws of the state in which the public official serves require the information to
2846 be confidential.
2847 (c) This Subsection (5) does not apply to information provided by an industrial
2848 insured captive insurance company insuring the risks of an industrial insured group.
2849 (6) (a) A captive insurance company shall pay to the department the following
2850 nonrefundable fees established by the department under Sections 31A-3-103 and [
2851 63J-1-504 :
2852 (i) a fee for examining, investigating, and processing, by a department employee, of an
2853 application for a certificate of authority made by a captive insurance company;
2854 (ii) a fee for obtaining a certificate of authority for the year the captive insurance
2855 company is issued a certificate of authority by the department; and
2856 (iii) a certificate of authority renewal fee.
2857 (b) The commissioner may:
2858 (i) retain legal, financial, and examination services from outside the department to
2859 perform the services described in:
2860 (A) Subsection (6)(a); and
2861 (B) Section 31A-37-502 ; and
2862 (ii) charge the reasonable cost of services described in Subsection (6)(b)(i) to the
2863 applicant captive insurance company.
2864 (7) If the commissioner is satisfied that the documents and statements filed by the
2865 applicant captive insurance company comply with this chapter, the commissioner may grant a
2866 certificate of authority authorizing the company to do insurance business in this state.
2867 (8) A certificate of authority granted under this section expires annually and must be
2868 renewed by July 1 of each year.
2869 Section 70. Section 34A-1-106 is amended to read:
2870 34A-1-106. Fees.
2871 (1) Unless otherwise provided by statute, the commission may adopt a schedule of fees
2872 assessed for services provided by the commission by following the procedures and
2873 requirements of Section [
2874 (2) The commission shall submit each fee established under this section to the
2875 Legislature for its approval as part of the commission's annual appropriations request.
2876 Section 71. Section 34A-7-104 is amended to read:
2877 34A-7-104. Fees.
2878 The owner or user of a boiler required by this part to be inspected shall pay to the
2879 commission fees for inspection or for permits to operate in amounts set by the commission
2880 pursuant to Section [
2881 Section 72. Section 34A-7-203 is amended to read:
2882 34A-7-203. Requirements for operating an elevator or escalator -- Inspection --
2883 Division duties.
2884 (1) An elevator or escalator may not operate in this state unless:
2885 (a) the owner or operator of the elevator or escalator obtains an inspection certificate
2886 under Subsection (3); and
2887 (b) the inspection certificate described in Subsection (1)(a) has not:
2888 (i) expired under Subsection (3); or
2889 (ii) been suspended under Section 34A-7-204 .
2890 (2) An elevator or escalator used or proposed to be used in this state shall be inspected
2891 as to its safety to operate in accordance with the safety code:
2892 (a) every two years; or
2893 (b) more frequently than every two years if the division determines that more frequent
2894 inspections are necessary.
2895 (3) (a) If upon inspection an elevator or escalator is safe to operate in accordance with
2896 the safety code, the inspector shall issue to the owner or operator an inspection certificate.
2897 (b) An inspection certificate issued under Subsection (3)(a) shall expire two years
2898 from the date the inspection certificate is issued.
2899 (4) An inspector employed by the division under this part shall at all times meet
2900 nationally recognized standards of qualifications for inspectors of elevators and escalators, as
2901 defined by rule by the division.
2902 (5) The owner or operator of an elevator or escalator that is used in the state shall pay
2903 to the commission a fee in amounts set by the commission pursuant to Section [
2904 63J-1-504 :
2905 (a) for inspection; and
2906 (b) for an inspection certificate.
2907 (6) The division:
2908 (a) shall provide for the inspection of elevators and escalators in accordance with this
2909 section;
2910 (b) shall adopt by rule one or more nationally recognized standards or other safety
2911 codes to be used in inspecting elevators or escalators; and
2912 (c) may adopt amendments to the safety code adopted under Subsection (6)(b).
2913 Section 73. Section 35A-1-106 is amended to read:
2914 35A-1-106. Fees.
2915 (1) Unless otherwise provided by statute, the department may adopt a schedule of fees
2916 assessed for services provided by the department by following the procedures and
2917 requirements of Section [
2918 (2) The department shall submit each fee established under this section to the
2919 Legislature for its approval as part of the department's annual appropriations request.
2920 Section 74. Section 36-12-13 is amended to read:
2921 36-12-13. Office of Legislative Fiscal Analyst established -- Powers, functions,
2922 and duties -- Qualifications.
2923 (1) There is established an Office of Legislative Fiscal Analyst as a permanent staff
2924 office for the Legislature.
2925 (2) The powers, functions, and duties of the Office of Legislative Fiscal Analyst under
2926 the supervision of the fiscal analyst are:
2927 (a) to analyze in detail the executive budget before the convening of each legislative
2928 session and make recommendations to the Legislature on each item or program appearing in
2929 the executive budget;
2930 (b) to prepare cost estimates on all proposed bills that anticipate state government
2931 expenditures;
2932 (c) to prepare cost estimates on all proposed bills that anticipate expenditures by
2933 county, municipal, local district, or special service district governments;
2934 (d) to prepare cost estimates on all proposed bills that anticipate direct expenditures by
2935 any Utah resident, and the cost to the overall impacted Utah resident population;
2936 (e) to prepare a review and analysis of revenue estimates for existing and proposed
2937 revenue acts;
2938 (f) to report instances in which the administration may be failing to carry out the
2939 expressed intent of the Legislature;
2940 (g) to direct attention to each new proposed service contained in the governor's
2941 budget;
2942 (h) to direct attention to each budget item previously denied by the Legislature;
2943 (i) to propose and analyze statutory changes for more effective operational economies
2944 or more effective administration;
2945 (j) to prepare, after each session of the Legislature, a summary showing the effect of
2946 the final legislative program on the financial condition of the state;
2947 (k) to conduct organizational and management improvement studies;
2948 (l) to prepare and deliver upon request of any interim committee or the Legislative
2949 Management Committee, reports on the finances of the state and on anticipated or proposed
2950 requests for appropriations;
2951 (m) to recommend areas for research studies by the executive department or the
2952 interim committees;
2953 (n) to assist in prescribing the format for the presentation of the governor's budget to
2954 facilitate program and in-depth review of state expenditures in accordance with Sections
2955 [
2956 (o) to recommend to the appropriations subcommittees the agencies or programs for
2957 which an in-depth budget review should be requested, and to recommend to the Legislative
2958 Management Committee the priority in which the request should be made;
2959 (p) to appoint and develop a professional staff within budget limitations; and
2960 (q) to prepare and submit the annual budget request for the office.
2961 (3) (a) In accordance with Subsection (3)(b) and subject to Subsection (3)(c), the
2962 Office of Legislative Fiscal Analyst shall submit an annual report to the Executive
2963 Appropriations Committee of the Legislature, at the committee's November meeting, on funds
2964 expended by the state during the preceding state fiscal year to provide financial assistance or
2965 services to low-income individuals and families.
2966 (b) The report described in Subsection (3)(a) shall:
2967 (i) separate the funds expended into categories by program, service, or population
2968 served;
2969 (ii) indicate whether the expended funds described in Subsection (3)(a) are state or
2970 federal funds; and
2971 (iii) include a total of all state funds and federal funds expended by the state in the
2972 preceding fiscal year to provide financial assistance or services to low-income individuals and
2973 families.
2974 (c) If the Executive Appropriations Committee of the Legislature does not meet in
2975 November, the Office of Legislative Fiscal Analyst shall submit the report described in
2976 Subsection (3)(a) at the committee's next meeting.
2977 (4) The legislative fiscal analyst shall have a master's degree in public administration,
2978 political science, economics, accounting, or the equivalent in academic or practical
2979 experience.
2980 (5) In carrying out the duties provided for in this section, the legislative fiscal analyst
2981 may obtain access to all records, documents, and reports necessary to the scope of the
2982 legislative fiscal analyst's duties according to the procedures contained in Title 36, Chapter
2983 14, Legislative Subpoena Powers.
2984 Section 75. Section 38-1-27 is amended to read:
2985 38-1-27. State Construction Registry -- Form and contents of notice of
2986 commencement, preliminary notice, and notice of completion.
2987 (1) As used in this section and Sections 38-1-30 through 38-1-37 :
2988 (a) "Alternate filing" means a legible and complete filing made in a manner
2989 established by the division under Subsection (2)(e) other than an electronic filing.
2990 (b) "Cancel" means to indicate that a filing is no longer given effect.
2991 (c) "Construction project," "project," or "improvement" means all labor, equipment,