H.B. 353

This document includes House Floor Amendments incorporated into the bill on Mon, Mar 8, 2010 at 3:35 PM by jeyring. --> 1

NONLAPSING DEDICATED CREDIT AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ron Bigelow
5 Senate Sponsor: Lyle W. Hillyard
6
7 LONG TITLE
8 General Description:
9 This bill makes modifications to the Budgetary Procedures Act and eliminates certain
10 nonlapsing dedicated credits.
11 Highlighted Provisions:
12 This bill:
13 . provides that certain dedicated credits that were classified as nonlapsing are now
14 subject to lapsing requirements;
15 . clarifies that, unless otherwise specifically provided, revenues in a restricted
16 account or fund do not lapse to another account or fund unless otherwise
17 specifically provided for by law or legislative appropriation;
18 . removes the modified dedicated credits from the list of nonlapsing funds and
19 accounts in the Budgetary Procedures Act;
20 . makes technical cross-reference corrections; and
21 . makes technical changes.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 H. [ None ] This bill takes effect on July 1, 2010.
25a This bill coordinates with S.B. 167, Alcoholic Beverage Control Act Recodification, by
25b providing conforming and substantive amendments. .H
26 Utah Code Sections Affected:
27 AMENDS:

28 4-2-2, as last amended by Laws of Utah 2009, Chapter 183
29 4-14-3, as last amended by Laws of Utah 2009, Chapter 183
30 4-14-13, as last amended by Laws of Utah 2009, Chapter 183
31 4-35-6, as last amended by Laws of Utah 1997, Chapter 82
32 19-6-120, as last amended by Laws of Utah 1992, Chapter 282
33 26-8a-208, as enacted by Laws of Utah 1999, Chapter 141
34 26-18-3, as last amended by Laws of Utah 2008, Chapters 62 and 382
35 26-40-108, as last amended by Laws of Utah 2008, Chapter 386
36 31A-2-208, as last amended by Laws of Utah 1987, Chapter 95
37 31A-31-108, as last amended by Laws of Utah 2008, Chapter 382
38 31A-31-109, as enacted by Laws of Utah 2004, Chapter 104
39 32A-1-115, as last amended by Laws of Utah 2009, Chapter 383
40 35A-3-114, as last amended by Laws of Utah 2001, Chapters 46 and 143
41 41-1a-1201, as last amended by Laws of Utah 2009, First Special Session, Chapter 6
42 41-1a-1221, as last amended by Laws of Utah 2009, Chapter 183
43 41-3-601, as last amended by Laws of Utah 2009, Chapter 183
44 41-3-604, as last amended by Laws of Utah 2009, Chapter 183
45 41-22-36, as last amended by Laws of Utah 2009, Chapter 183
46 46-1-23, as enacted by Laws of Utah 2003, Chapter 136
47 53-7-314, as last amended by Laws of Utah 2009, Chapter 183
48 58-37-7.7, as last amended by Laws of Utah 2006, Chapter 46
49 58-56-9, as last amended by Laws of Utah 2002, Chapter 75
50 61-2c-401, as last amended by Laws of Utah 2007, Chapter 325
51 63J-1-104, as renumbered and amended by Laws of Utah 2009, Chapters 183 and 368
52 63J-1-602, as enacted by Laws of Utah 2009, Chapter 368
53 63M-1-1604, as last amended by Laws of Utah 2008, Chapter 381 and renumbered and
54 amended by Laws of Utah 2008, Chapter 382
55 63M-1-2408, as last amended by Laws of Utah 2009, Chapter 183
56 64-13-21.2, as enacted by Laws of Utah 1993, Chapter 220
57 72-2-107, as last amended by Laws of Utah 2008, Chapters 109 and 389
58 72-2-118, as last amended by Laws of Utah 2007, Chapter 206

59 72-2-124, as last amended by Laws of Utah 2009, First Special Session, Chapter 6
60 72-3-207, as last amended by Laws of Utah 2008, Chapter 382
61 73-18-25, as last amended by Laws of Utah 2009, Chapter 183
62 78A-9-102, as renumbered and amended by Laws of Utah 2008, Chapter 3
63 78B-1-146, as renumbered and amended by Laws of Utah 2008, Chapter 3
64 79-4-403, as renumbered and amended by Laws of Utah 2009, Chapter 344
65 79-4-1001, as renumbered and amended by Laws of Utah 2009, Chapter 344
65a H. Utah Code Sections Affected by Coordination Clause:
65b 32B-2-405, Utah Code Annotated 1953 .H
66
67 Be it enacted by the Legislature of the state of Utah:
68 Section 1. Section 4-2-2 is amended to read:
69 4-2-2. Functions, powers, and duties of department -- Fees for services --
70 Marketing orders -- Procedure.
71 (1) The department shall:
72 (a) inquire into and promote the interests and products of agriculture and its allied
73 industries;
74 (b) promote methods for increasing the production and facilitating the distribution of
75 the agricultural products of the state;
76 (c) (i) inquire into the cause of contagious, infectious, and communicable diseases
77 among livestock and the means for their prevention and cure; and
78 (ii) initiate, implement, and administer plans and programs to prevent the spread of
79 diseases among livestock;
80 (d) encourage experiments designed to determine the best means and methods for the
81 control of diseases among domestic and wild animals;
82 (e) issue marketing orders for any designated agricultural product to:
83 (i) promote orderly market conditions for any product;
84 (ii) give the producer a fair return on the producer's investment at the marketplace; and
85 (iii) only promote and not restrict or restrain the marketing of Utah agricultural
86 commodities;
87 (f) administer and enforce all laws assigned to the department by the Legislature;
88 (g) establish standards and grades for agricultural products and fix and collect
89 reasonable fees for services performed by the department in conjunction with the grading of

90 agricultural products;
91 (h) establish operational standards for any establishment that manufactures, processes,
92 produces, distributes, stores, sells, or offers for sale any agricultural product;
93 (i) adopt, according to Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
94 rules necessary for the effective administration of the agricultural laws of the state;
95 (j) when necessary, make investigations, subpoena witnesses and records, conduct
96 hearings, issue orders, and make recommendations concerning all matters related to
97 agriculture;
98 (k) (i) inspect any nursery, orchard, farm, garden, park, cemetery, greenhouse, or any
99 private or public place that may become infested or infected with harmful insects, plant
100 diseases, noxious or poisonous weeds, or other agricultural pests;
101 (ii) establish and enforce quarantines;
102 (iii) issue and enforce orders and rules for the control and eradication of pests,
103 wherever they may exist within the state; and
104 (iv) perform other duties relating to plants and plant products considered advisable and
105 not contrary to law;
106 (l) inspect apiaries for diseases inimical to bees and beekeeping;
107 (m) take charge of any agricultural exhibit within the state, if considered necessary by
108 the department, and award premiums at that exhibit;
109 (n) assist the Conservation Commission in the administration of Title 4, Chapter 18,
110 Conservation Commission Act, and administer and disburse any funds available to assist
111 conservation districts in the state in the conservation of the state's soil and water resources; and
112 (o) perform any additional functions, powers, and duties provided by law.
113 (2) The department, by following the procedures and requirements of Section
114 63J-1-504 , may adopt a schedule of fees assessed for services provided by the department.
115 (3) (a) No marketing order issued under Subsection (1)(e) shall take effect until:
116 (i) the department gives notice of the proposed order to the producers and handlers of
117 the affected product;
118 (ii) the commissioner conducts a hearing on the proposed order; and
119 (iii) at least 50% of the registered producers and handlers of the affected products vote
120 in favor of the proposed order.

121 (b) (i) The department may establish boards of control to administer marketing orders
122 and the proceeds derived from any order.
123 (ii) The board of control shall:
124 (A) ensure that all proceeds are placed in an account in the board of control's name in a
125 depository institution; and
126 (B) ensure that the account is annually audited by an accountant approved by the
127 commissioner.
128 (4) Funds collected by grain grading, as provided by Subsection (1)(g), shall be
129 deposited in the General Fund as [nonlapsing] dedicated credits for the grain grading program.
130 Section 2. Section 4-14-3 is amended to read:
131 4-14-3. Registration required for distribution -- Application -- Fees -- Renewal --
132 Local needs registration -- Distributor or applicator license -- Fees -- Renewal.
133 (1) (a) No person may distribute a pesticide in this state that is not registered with the
134 department.
135 (b) Application for registration shall be made to the department upon forms prescribed
136 and furnished by it accompanied with an annual registration fee determined by the department
137 pursuant to Subsection 4-2-2 (2) for each pesticide registered.
138 (c) Upon receipt by the department of a proper application and payment of the
139 appropriate fee, the commissioner shall issue a registration to the applicant allowing
140 distribution of the registered pesticide in this state through June 30 of each year, subject to
141 suspension or revocation for cause.
142 (d) (i) Each registration is renewable for a period of one year upon the payment of an
143 annual registration renewal fee in an amount equal to the current applicable original
144 registration fee.
145 (ii) Each renewal fee shall be paid on or before June 30 of each year.
146 (2) The application shall include the following information:
147 (a) the name and address of the applicant and the name and address of the person
148 whose name will appear on the label, if other than the applicant's name;
149 (b) the name of the pesticide;
150 (c) a complete copy of the label which will appear on the pesticide; and
151 (d) any information prescribed by rule of the department considered necessary for the

152 safe and effective use of the pesticide.
153 (3) (a) Forms for the renewal of registration shall be mailed to registrants at least 30
154 days before their registration expires.
155 (b) A registration in effect on June 30 for which a renewal application has been filed
156 and the registration fee tendered shall continue in effect until the applicant is notified either
157 that the registration is renewed or that it is suspended or revoked pursuant to Section 4-14-8 .
158 (4) The department may, before approval of any registration, require the applicant to
159 submit the complete formula of any pesticide including active and inert ingredients and may
160 also, for any pesticide not registered according to 7 U.S.C. Sec. 136a or for any pesticide on
161 which restrictions are being considered, require a complete description of all tests and test
162 results that support the claims made by the applicant or the manufacturer of the pesticide.
163 (5) A registrant who desires to register a pesticide to meet special local needs
164 according to 7 U.S.C. Sec. 136v(c) shall, in addition to complying with Subsections (1) and
165 (2), satisfy the department that:
166 (a) a special local need exists;
167 (b) the pesticide warrants the claims made for it;
168 (c) the pesticide, if used in accordance with commonly accepted practices, will not
169 cause unreasonable adverse effects on the environment; and
170 (d) the proposed classification for use conforms with 7 U.S.C. Sec. 136a(d).
171 (6) No registration is required for a pesticide distributed in this state pursuant to an
172 experimental use permit issued by the EPA or under Section 4-14-5 .
173 (7) No pesticide dealer may distribute a restricted use pesticide in this state without a
174 license.
175 (8) A person must receive a license before applying:
176 (a) a restricted use pesticide; or
177 (b) a general use pesticide for hire or in exchange for compensation.
178 (9) (a) A license to engage in an activity listed in Subsection (7) or (8) may be obtained
179 by:
180 (i) submitting an application on a form provided by the department;
181 (ii) paying the license fee determined by the department according to Subsection
182 4-2-2 (2); and

183 (iii) complying with the rules adopted as authorized by this chapter.
184 (b) A person may apply for a license that expires on December 31:
185 (i) of the calendar year in which the license is issued; or
186 (ii) of the second calendar year after the calendar year in which the license is issued.
187 (c) [(i)] Notwithstanding Section 63J-1-504 , the department shall retain the fees as
188 dedicated credits and may only use the fees to administer and enforce this chapter.
189 [(ii) The Legislature may annually designate the revenue generated from the fee as
190 nonlapsing in an appropriations act.]
191 Section 3. Section 4-14-13 is amended to read:
192 4-14-13. Registration required for a pesticide business.
193 (1) A pesticide applicator business shall register with the department by:
194 (a) submitting an application on a form provided by the department;
195 (b) paying the registration fee; and
196 (c) certifying that the business is in compliance with this chapter and departmental
197 rules authorized by this chapter.
198 (2) (a) By following the procedures and requirements of Section 63J-1-504 , the
199 department shall establish a registration fee based on the number of pesticide applicators
200 employed by the pesticide applicator business.
201 (b) (i) Notwithstanding Section 63J-1-504 , the department shall [retain] deposit the
202 fees as dedicated credits and may only use the fees to administer and enforce this chapter.
203 (ii) The Legislature may annually designate the revenue generated from the fee as
204 nonlapsing in an appropriations act.
205 (3) (a) The department shall issue a pesticide applicator business a registration
206 certificate if the pesticide applicator business:
207 (i) has complied with the requirements of this section; and
208 (ii) meets the qualifications established by rule.
209 (b) The department shall notify the pesticide applicator business in writing that the
210 registration is denied if the pesticide applicator business does not meet the registration
211 qualifications.
212 (4) A registration certificate expires on December 31 of the second calendar year after
213 the calendar year in which the registration certificate is issued.

214 (5) (a) The department may suspend a registration certificate if the pesticide applicator
215 business violates this chapter or any rules authorized by it.
216 (b) A pesticide applicator business whose registration certificate has been suspended
217 may apply to the department for reinstatement of the registration certificate by demonstrating
218 compliance with this chapter and rules authorized by it.
219 (6) A pesticide applicator business shall:
220 (a) only employ a pesticide applicator who has received a license from the department,
221 as required by Section 4-14-3 ; and
222 (b) ensure that all employees comply with this chapter and the rules authorized by it.
223 Section 4. Section 4-35-6 is amended to read:
224 4-35-6. Money deposited as dedicated credits -- Balance nonlapsing -- Matching
225 funds allowed.
226 (1) All money received by the state under this chapter is deposited by the Department
227 of Agriculture and Food as dedicated credits for the purpose of insect control with the state.
228 [Any unexpended balance at the end of a fiscal year is nonlapsing. This money]
229 (2) The dedicated credits may be used as matching funds for:
230 [(1)] (a) participation in programs of the United States Department of Agriculture; and
231 [(2)] (b) in contracts with private property owners who own croplands contiguous to
232 infested public rangelands.
233 Section 5. Section 19-6-120 is amended to read:
234 19-6-120. New hazardous waste operation plans -- Designation of hazardous
235 waste facilities -- Fees for filing and plan review.
236 (1) For purposes of this section, the following items shall be treated as submission of a
237 new hazardous waste operation plan:
238 (a) the submission of a revised hazardous waste operation plan specifying a different
239 geographic site than a previously submitted plan;
240 (b) an application for modification of a commercial hazardous waste incinerator if the
241 construction or the modification would increase the commercial hazardous waste incinerator
242 capacity above the capacity specified in the operation plan as of January 1, 1990, or the
243 capacity specified in the operation plan application as of January 1, 1990, if no operation plan
244 approval has been issued as of January 1, 1990; or

245 (c) an application for modification of a commercial hazardous waste treatment, storage,
246 or disposal facility, other than an incinerator, if the modification would be outside the
247 boundaries of the property owned or controlled by the applicant, as shown in the application or
248 approved operation plan as of January 1, 1990, or the initial approved operation plan if initial
249 approval is subsequent to January 1, 1990.
250 (2) Capacity under Subsection (1)(b) shall be calculated based on the throughput
251 tonnage specified for the trial burn in the operation plan or the operation plan application if no
252 operation plan approval has been issued as of January 1, 1990, and on annual operations of
253 7,000 hours.
254 (3) (a) Hazardous waste facilities that are subject to payment of fees under this section
255 or Section 19-1-201 for plan reviews under Section 19-6-108 shall be designated by the
256 department as either class I, class II, class III, or class IV facilities.
257 (b) The department shall designate commercial hazardous waste facilities containing
258 either landfills, surface impoundments, land treatment units, thermal treatment units,
259 incinerators, or underground injection wells, which primarily receive wastes generated by
260 off-site sources not owned, controlled, or operated by the facility owner or operator, as class I
261 facilities.
262 (4) The maximum fee for filing and review of each class I facility operation plan is
263 $200,000, and is due and payable as follows:
264 (a) The owner or operator of a class I facility shall, at the time of filing for plan review,
265 pay to the department the nonrefundable sum of $50,000.
266 (b) Upon issuance by the executive secretary of a notice of completeness under Section
267 19-6-108 , the owner or operator of the facility shall pay to the department an additional
268 nonrefundable sum of $50,000.
269 (c) The department shall bill the owner or operator of the facility for any additional
270 actual costs of plan review, up to an additional $100,000.
271 (5) (a) The department shall designate hazardous waste incinerators that primarily
272 receive wastes generated by sources owned, controlled, or operated by the facility owner or
273 operator as class II facilities.
274 (b) The maximum fee for filing and review of each class II facility operation plan is
275 $150,000, and shall be due and payable as follows:

276 (i) The owner or operator of a class II facility shall, at the time of filing for plan review
277 under Section 19-6-108 , pay to the department the nonrefundable sum of $50,000.
278 (ii) The department shall bill the owner or operator of the facility for any additional
279 actual costs of plan review, up to an additional $100,000.
280 (6) (a) The department shall designate hazardous waste facilities containing either
281 landfills, surface impoundments, land treatment units, thermal treatment units, or underground
282 injection wells, that primarily receive wastes generated by sources owned, controlled, or
283 operated by the facility owner or operator, as class III facilities.
284 (b) The maximum fee for filing and review of each class III facility operation plan is
285 $100,000 and is due and payable as follows:
286 (i) The owner or operator shall, at the time of filing for plan review, pay to the
287 department the nonrefundable sum of $1,000.
288 (ii) The department shall bill the owner or operator of each class III facility for actual
289 costs of operation plan review, up to an additional $99,000.
290 (7) (a) All other hazardous waste facilities are designated as class IV facilities.
291 (b) The maximum fee for filing and review of each class IV facility operation plan is
292 $50,000 and is due and payable as follows:
293 (i) The owner or operator shall, at the time of filing for plan review, pay to the
294 department the nonrefundable sum of $1,000.
295 (ii) The department shall bill the owner or operator of each class IV facility for actual
296 costs of operation plan review, up to an additional $49,000.
297 (8) (a) The maximum fee for filing and review of each major modification plan and
298 major closure plan for a class I, class II, or class III facility is $50,000 and is due and payable as
299 follows:
300 (i) The owner or operator shall, at the time of filing for that review, pay to the
301 department the nonrefundable sum of $1,000.
302 (ii) The department shall bill the owner or operator of the hazardous waste facility for
303 actual costs of the review, up to an additional $49,000.
304 (b) The maximum fee for filing and review of each minor modification and minor
305 closure plan for a class I, class II, or class III facility, and of any modification or closure plan
306 for a class IV facility, is $20,000, and is due and payable as follows:

307 (i) The owner or operator shall, at the time of filing for that review, pay to the
308 department the nonrefundable sum of $1,000.
309 (ii) The department shall bill the owner or operator of the hazardous waste facility for
310 actual costs of review up to an additional $19,000.
311 (c) The owner or operator of a thermal treatment unit shall submit a trial or test burn
312 schedule 90 days prior to any planned trial or test burn. At the time the schedule is submitted,
313 the owner or operator shall pay to the department the nonrefundable fee of $25,000. The
314 department shall apply the fee to the costs of the review and processing of each trial or test
315 burn plan, trial or test burn, and trial or test burn data report. The department shall bill the
316 owner or operator of the facility for any additional actual costs of review and preparation.
317 (9) (a) The owner or operator of a class III facility may obtain a plan review within the
318 time periods for a class II facility operation plan by paying, at the time of filing for plan review,
319 the maximum fee for a class II facility operation plan.
320 (b) The owner or operator of a class IV facility may obtain a plan review within the
321 time periods for a class II facility operation plan by paying, at the time of filing for plan review,
322 the maximum fee for a class III facility operation plan.
323 (c) An owner or operator of a class I, class II, or class III facility who submits a major
324 modification plan or a major closure plan may obtain a plan review within the time periods for
325 a class II facility operation plan by paying, at the time of filing for plan review, the maximum
326 fee for a class II facility operation plan.
327 (d) An owner or operator of a class I, class II, or class III facility who submits a minor
328 modification plan or a minor closure plan, and an owner or operator of a class IV facility who
329 submits a modification plan or a closure plan, may obtain a plan review within the time periods
330 for a class II facility operation plan by paying, at the time of filing for plan review, the
331 maximum fee for a class III facility operation plan.
332 (10) All fees received by the department under this section shall be deposited in the
333 General Fund as dedicated credits for hazardous waste plan reviews in accordance with
334 Subsection (12) and Section 19-6-108 . [All funding of the hazardous waste plan review
335 program is nonlapsing.]
336 (11) (a) (i) The executive secretary shall establish an accounting procedure that
337 separately accounts for fees paid by each owner or operator who submits a hazardous waste

338 operation plan for approval under Section 19-6-108 and pays fees for hazardous waste plan
339 reviews under this section or Section 19-1-201 .
340 (ii) The executive secretary shall credit all fees paid by the owner or operator to that
341 owner or operator.
342 (iii) The executive secretary shall account for costs actually incurred in reviewing each
343 operation plan and may only use the fees of each owner or operator for review of that owner or
344 operator's plan.
345 (b) If the costs actually incurred by the department in reviewing a hazardous waste
346 operation plan of any facility are less than the nonrefundable fee paid by the owner or operator
347 under this section, the department may, upon approval or disapproval of the plan by the board
348 or upon withdrawal of the plan by the owner or operator, use any remaining funds that have
349 been credited to that owner or operator for the purposes of administering provisions of the
350 hazardous waste programs and activities authorized by this part.
351 (12) (a) With regard to any review of a hazardous waste operation plan, modification
352 plan, or closure plan that is pending on April 25, 1988 the executive secretary may assess fees
353 for that plan review.
354 (b) The total amount of fees paid by an owner or operator of a hazardous waste facility
355 whose plan review is affected by this subsection may not exceed the maximum fees allowable
356 under this section for the appropriate class of facility.
357 (13) (a) The department shall maintain accurate records of its actual costs for each plan
358 review under this section.
359 (b) Those records shall be available for public inspection.
360 Section 6. Section 26-8a-208 is amended to read:
361 26-8a-208. Fees for training equipment rental, testing, and quality assurance
362 reviews.
363 (1) The department may charge fees, established pursuant to Section 26-1-6 :
364 (a) for the use of department-owned training equipment;
365 (b) to administer tests and conduct quality assurance reviews; and
366 (c) to process an application for a certificate, designation, permit, or license.
367 (2) (a) Fees collected under Subsections (1)(a) and (b) shall be separate dedicated
368 credits.

369 (b) Fees under Subsection (1)(a) may be used to purchase training equipment.
370 (c) Fees under Subsection (1)(b) may be used to administer tests and conduct quality
371 assurance reviews.
372 [(3) Fees and other funding available to purchase training equipment and to administer
373 tests and conduct quality assurance reviews shall be nonlapsing.]
374 Section 7. Section 26-18-3 is amended to read:
375 26-18-3. Administration of Medicaid program by department -- Reporting to the
376 Legislature -- Disciplinary measures and sanctions -- Funds collected -- Eligibility
377 standards.
378 (1) The department shall be the single state agency responsible for the administration
379 of the Medicaid program in connection with the United States Department of Health and
380 Human Services pursuant to Title XIX of the Social Security Act.
381 (2) (a) The department shall implement the Medicaid program through administrative
382 rules in conformity with this chapter, Title 63G, Chapter 3, Utah Administrative Rulemaking
383 Act, the requirements of Title XIX, and applicable federal regulations.
384 (b) The rules adopted under Subsection (2)(a) shall include, in addition to other rules
385 necessary to implement the program:
386 (i) the standards used by the department for determining eligibility for Medicaid
387 services;
388 (ii) the services and benefits to be covered by the Medicaid program; and
389 (iii) reimbursement methodologies for providers under the Medicaid program.
390 (3) (a) The department shall, in accordance with Subsection (3)(b), report to either the
391 Legislative Executive Appropriations Committee or the Legislative Health and Human
392 Services Appropriations Subcommittee when the department:
393 (i) implements a change in the Medicaid State Plan;
394 (ii) initiates a new Medicaid waiver;
395 (iii) initiates an amendment to an existing Medicaid waiver; or
396 (iv) initiates a rate change that requires public notice under state or federal law.
397 (b) The report required by Subsection (3)(a) shall:
398 (i) be submitted to the Legislature's Executive Appropriations Committee or the
399 legislative Health and Human Services Appropriations Subcommittee prior to the department

400 implementing the proposed change; and
401 (ii) shall include:
402 (A) a description of the department's current practice or policy that the department is
403 proposing to change;
404 (B) an explanation of why the department is proposing the change;
405 (C) the proposed change in services or reimbursement, including a description of the
406 effect of the change;
407 (D) the effect of an increase or decrease in services or benefits on individuals and
408 families;
409 (E) the degree to which any proposed cut may result in cost-shifting to more expensive
410 services in health or human service programs; and
411 (F) the fiscal impact of the proposed change, including:
412 (I) the effect of the proposed change on current or future appropriations from the
413 Legislature to the department;
414 (II) the effect the proposed change may have on federal matching dollars received by
415 the state Medicaid program;
416 (III) any cost shifting or cost savings within the department's budget that may result
417 from the proposed change; and
418 (IV) identification of the funds that will be used for the proposed change, including any
419 transfer of funds within the department's budget.
420 (4) Any rules adopted by the department under Subsection (2) are subject to review and
421 reauthorization by the Legislature in accordance with Section 63G-3-502 .
422 (5) The department may, in its discretion, contract with the Department of Human
423 Services or other qualified agencies for services in connection with the administration of the
424 Medicaid program, including:
425 (a) the determination of the eligibility of individuals for the program;
426 (b) recovery of overpayments; and
427 (c) consistent with Section 26-20-13 , and to the extent permitted by law and quality
428 control services, enforcement of fraud and abuse laws.
429 (6) The department shall provide, by rule, disciplinary measures and sanctions for
430 Medicaid providers who fail to comply with the rules and procedures of the program, provided

431 that sanctions imposed administratively may not extend beyond:
432 (a) termination from the program;
433 (b) recovery of claim reimbursements incorrectly paid; and
434 (c) those specified in Section 1919 of Title XIX of the federal Social Security Act.
435 (7) Funds collected as a result of a sanction imposed under Section 1919 of Title XIX
436 of the federal Social Security Act shall be deposited in the General Fund as [nonlapsing]
437 dedicated credits to be used by the division in accordance with the requirements of Section
438 1919 of Title XIX of the federal Social Security Act.
439 (8) (a) In determining whether an applicant or recipient is eligible for a service or
440 benefit under this part or Chapter 40, Utah Children's Health Insurance Act, the department
441 shall, if Subsection (8)(b) is satisfied, exclude from consideration one passenger vehicle
442 designated by the applicant or recipient.
443 (b) Before Subsection (8)(a) may be applied:
444 (i) the federal government must:
445 (A) determine that Subsection (8)(a) may be implemented within the state's existing
446 public assistance-related waivers as of January 1, 1999;
447 (B) extend a waiver to the state permitting the implementation of Subsection (8)(a); or
448 (C) determine that the state's waivers that permit dual eligibility determinations for
449 cash assistance and Medicaid are no longer valid; and
450 (ii) the department must determine that Subsection (8)(a) can be implemented within
451 existing funding.
452 (9) (a) For purposes of this Subsection (9):
453 (i) "aged, blind, or disabled" shall be defined by administrative rule; and
454 (ii) "spend down" means an amount of income in excess of the allowable income
455 standard that must be paid in cash to the department or incurred through the medical services
456 not paid by Medicaid.
457 (b) In determining whether an applicant or recipient who is aged, blind, or disabled is
458 eligible for a service or benefit under this chapter, the department shall use 100% of the federal
459 poverty level as:
460 (i) the allowable income standard for eligibility for services or benefits; and
461 (ii) the allowable income standard for eligibility as a result of spend down.

462 Section 8. Section 26-40-108 is amended to read:
463 26-40-108. Funding.
464 (1) The program shall be funded by federal matching funds received under, together
465 with state matching funds required by, 42 U.S.C. Sec. 1397ee.
466 (2) Program expenditures in the following categories may not exceed 10% in the
467 aggregate of all federal payments pursuant to 42 U.S.C. Sec. 1397ee:
468 (a) other forms of child health assistance for children with gross family incomes below
469 200% of the federal poverty level;
470 (b) other health services initiatives to improve low-income children's health;
471 (c) outreach program expenditures; and
472 (d) administrative costs.
473 [(3) Appropriations to the program are non-lapsing.]
474 Section 9. Section 31A-2-208 is amended to read:
475 31A-2-208. Publications.
476 (1) The commissioner may prepare and distribute books, pamphlets, and other
477 publications relating to insurance. Except as otherwise provided under this title, the insurance
478 commissioner may charge the cost of producing the publications to those desiring to receive
479 them. Money collected from subscription fees charged for these publications shall be
480 deposited as [nonlapsing] dedicated credits to be used solely for the production and mailing
481 costs of the publications.
482 (2) The commissioner shall have the annual report required in Subsection
483 31A-2-207 (5) printed in a form determined by him and in sufficient numbers to meet all
484 requests for copies.
485 (3) The commissioner shall publish in his annual report an up-to-date chart and
486 explanation of the organization of his office, making clear the allocation of responsibility and
487 authority among the staff. This document shall be printed in sufficient numbers sufficient to
488 meet all requests for copies.
489 Section 10. Section 31A-31-108 is amended to read:
490 31A-31-108. Assessment of insurers.
491 (1) For purposes of this section:
492 (a) The commissioner shall by rule made in accordance with Title 63G, Chapter 3,

493 Utah Administrative Rulemaking Act, define:
494 (i) "annuity consideration";
495 (ii) "membership fees";
496 (iii) "other fees";
497 (iv) "deposit-type contract funds"; and
498 (v) "other considerations in Utah."
499 (b) "Utah consideration" means:
500 (i) the total premiums written for Utah risks;
501 (ii) annuity consideration;
502 (iii) membership fees collected by the insurer;
503 (iv) other fees collected by the insurer;
504 (v) deposit-type contract funds; and
505 (vi) other considerations in Utah.
506 (c) "Utah risks" means insurance coverage on the lives, health, or against the liability
507 of persons residing in Utah, or on property located in Utah, other than property temporarily in
508 transit through Utah.
509 (2) To implement this chapter, Section 34A-2-110 , and Section 76-6-521 , the
510 commissioner may assess each admitted insurer and each nonadmitted insurer transacting
511 insurance under Chapter 15, Parts 1, Unauthorized Insurers and Surplus Lines, and 2,
512 Unauthorized Insurers Risk Retention Groups Act, an annual fee as follows:
513 (a) $150 for an insurer if the sum of the Utah consideration for that insurer is less than
514 or equal to $1,000,000;
515 (b) $400 for an insurer if the sum of the Utah consideration for that insurer is greater
516 than $1,000,000 but is less than or equal to $2,500,000;
517 (c) $700 for an insurer if the sum of the Utah consideration for that insurer is greater
518 than $2,500,000 but is less than or equal to $5,000,000;
519 (d) $1,350 for an insurer if the sum of the Utah consideration for that insurer is greater
520 than $5,000,000 but less than or equal to $10,000,000;
521 (e) $5,150 for an insurer if the sum of the Utah consideration for that insurer is greater
522 than $10,000,000 but less than $50,000,000; and
523 (f) $12,350 for an insurer if the sum of the Utah consideration for that insurer equals or

524 exceeds $50,000,000.
525 (3) [(a)] All money received by the state under this section shall be deposited in the
526 General Fund as a dedicated credit of the department for the purpose of providing funds to pay
527 for any costs and expenses incurred by the department in the administration, investigation, and
528 enforcement of this chapter, Section 34A-2-110 , and Section 76-6-521 .
529 [(b) All monies received by the department to pay for the costs and expenses incurred
530 by the department in the administration, investigation, and enforcement of this chapter, Section
531 34A-2-110 , and Section 76-6-521 shall be nonlapsing.]
532 Section 11. Section 31A-31-109 is amended to read:
533 31A-31-109. Civil penalties.
534 (1) In addition to other penalties provided by law, a person who violates this chapter:
535 (a) is subject to the following civil penalties:
536 (i) the person shall make full restitution; and
537 (ii) the person shall pay the costs of enforcement of this chapter for the case in which
538 the person is found to have violated this chapter:
539 (A) as determined by the one or more authorized agencies involved; and
540 (B) including costs of:
541 (I) investigators;
542 (II) attorneys; and
543 (III) other public employees; and
544 (b) in the discretion of the court, may be required to pay to the state a civil penalty not
545 to exceed three times that amount of value improperly sought or received from the fraudulent
546 insurance act.
547 (2) (a) Monies paid under Subsection (1)(a)(i) shall be paid to the person damaged by
548 the fraudulent insurance act.
549 (b) Monies paid under Subsection (1)(a)(ii) shall be paid to each applicable authorized
550 agency in the following order:
551 (i) to the General Fund as a dedicated credit of the department for the costs of
552 enforcement incurred by the department;
553 (ii) to the General Fund for the costs of enforcement incurred by a state agency other
554 than the department;

555 (iii) to the applicable political subdivision for the costs of enforcement incurred by the
556 political subdivision; and
557 (iv) to the applicable criminal investigative department or agency of the United States
558 for the costs of enforcement incurred by the department or agency.
559 (c) Monies paid under Subsection (1)(b) shall be paid into the General Fund.
560 [(d) Monies received by the department under this Subsection (2) are nonlapsing in
561 accordance with Subsection 31A-31-108 (3).]
562 (3) (a) A civil penalty assessed under Subsection (1) shall be awarded by the court as
563 part of its judgment in both criminal and civil actions.
564 (b) A criminal action need not be brought against a person in order for that person to be
565 civilly liable under this section.
566 Section 12. Section 32A-1-115 is amended to read:
567 32A-1-115. Alcoholic Beverage Enforcement and Treatment Restricted Account
568 -- Distribution.
569 (1) As used in this section:
570 (a) "Account" means the Alcoholic Beverage Enforcement and Treatment Restricted
571 Account created in this section.
572 (b) "Alcohol-related offense" means:
573 (i) a violation of:
574 (A) Section 41-6a-502 ; or
575 (B) an ordinance that complies with the requirements of:
576 (I) Subsection 41-6a-510 (1); or
577 (II) Section 76-5-207 ; or
578 (ii) an offense involving the:
579 (A) illegal sale of alcohol;
580 (B) illegal distribution of alcohol;
581 (C) illegal transportation of alcohol;
582 (D) illegal possession of alcohol; or
583 (E) illegal consumption of alcohol.
584 (c) "Annual conviction time period" means the time period that:
585 (i) begins on July 1 and ends on June 30; and

586 (ii) immediately precedes the fiscal year for which an appropriation under this section
587 is made.
588 (d) "Coordinating council" means the Utah Substance Abuse and Anti-Violence
589 Coordinating Council created in Section 63M-7-301 .
590 (e) "Municipality" means:
591 (i) a city; or
592 (ii) a town.
593 (2) (a) There is created in the General Fund a restricted account called the "Alcoholic
594 Beverage Enforcement and Treatment Restricted Account."
595 (b) The account shall be funded from:
596 (i) amounts deposited by the state treasurer in accordance with Section 59-15-109 ;
597 (ii) any appropriations made to the account by the Legislature; and
598 (iii) interest described in Subsection (2)(c).
599 (c) Interest earned on the account shall be deposited into the account.
600 (d) (i) Consistent with the policies provided in Subsection 32A-1-104 (4)(b), the
601 revenues in the account shall be used for statewide public purposes including promoting the
602 reduction of the harmful effects of over consumption of alcoholic beverages by adults and
603 alcohol consumption by minors by funding exclusively programs or projects related to
604 prevention, treatment, detection, prosecution, and control of violations of this title and other
605 offenses in which alcohol is a contributing factor except as provided in Subsection (2)(d)(ii).
606 (ii) The portion distributed under this section to counties may also be used for the
607 confinement or treatment of persons arrested for or convicted of offenses in which alcohol is a
608 contributing factor.
609 (iii) A municipality or county entitled to receive monies shall use the monies
610 exclusively as required by this Subsection (2)(d).
611 (iv) The appropriations provided for under Subsection (3) are:
612 (A) intended to supplement the budget of the appropriate agencies of each municipality
613 and county within the state to enable the municipalities and counties to more effectively fund
614 the programs and projects described in this Subsection (2)(d); and
615 (B) not intended to replace monies that would otherwise be allocated for the programs
616 and projects in this Subsection (2)(d).

617 (3) (a) The revenues deposited into the account shall be distributed to municipalities
618 and counties:
619 (i) to the extent appropriated by the Legislature except that the Legislature shall
620 appropriate each fiscal year an amount equal to at least the amount deposited in the account in
621 accordance with Section 59-15-109 ; and
622 (ii) as provided in this Subsection (3).
623 (b) The amount appropriated from the account shall be distributed as follows:
624 (i) 25% to municipalities and counties based upon the percentage of the state
625 population residing in each municipality and county;
626 (ii) 30% to municipalities and counties based upon each municipality's and county's
627 percentage of the statewide convictions for all alcohol-related offenses;
628 (iii) 20% to municipalities and counties based upon the percentage of all state stores,
629 package agencies, liquor licensees, and beer licensees in the state that are located in each
630 municipality and county; and
631 (iv) 25% to the counties for confinement and treatment purposes authorized by this
632 section based upon the percentage of the state population located in each county.
633 (c) (i) Except as provided in Subsection (3)(c)(iii), a municipality that does not have a
634 law enforcement agency may not receive monies under this section.
635 (ii) The State Tax Commission:
636 (A) may not distribute the monies the municipality would receive but for the
637 municipality not having a law enforcement agency to that municipality; and
638 (B) shall distribute the monies that the municipality would have received but for it not
639 having a law enforcement agency to the county in which the municipality is located for use by
640 the county in accordance with this section.
641 (iii) Notwithstanding Subsections (3)(c)(i) and (ii), if the coordinating council finds
642 that a municipality described in Subsection (3)(c)(i) demonstrates that the municipality can use
643 the monies that the municipality is otherwise eligible to receive in accordance with this section,
644 the coordinating council may direct the State Tax Commission to distribute the money to the
645 municipality.
646 (4) To determine the distributions required by Subsection (3)(b)(ii), the State Tax
647 Commission shall annually:

648 (a) for an annual conviction time period:
649 (i) multiply by two the total number of convictions in the state obtained during the
650 annual conviction time period for violation of:
651 (A) Section 41-6a-502 ; or
652 (B) an ordinance that complies with the requirements of Subsection 41-6a-510 (1) or
653 Section 76-5-207 ; and
654 (ii) add to the number calculated under Subsection (4)(a)(i) the number of convictions
655 obtained during the annual conviction time period for all alcohol-related offenses other than the
656 alcohol-related offenses described in Subsection (4)(a)(i);
657 (b) divide an amount equal to 30% of the appropriation for that fiscal year by the sum
658 obtained in Subsection (4)(a); and
659 (c) multiply the amount calculated under Subsection (4)(b), by the number of
660 convictions obtained in each municipality and county during the annual conviction time period
661 for alcohol-related offenses.
662 (5) For purposes of this section:
663 (a) the number of state stores, package agencies, and licensees located within the limits
664 of each municipality and county:
665 (i) is the number determined by the department to be so located;
666 (ii) includes all:
667 (A) club licenses;
668 (B) restaurants;
669 (C) limited restaurants;
670 (D) on-premise banquet licenses;
671 (E) airport lounges;
672 (F) resort licenses;
673 (G) package agencies; and
674 (H) state stores; and
675 (iii) does not include on-premise beer retailer licensees;
676 (b) the number of state stores, package agencies, and licensees in a county consists only
677 of that number located within unincorporated areas of the county;
678 (c) population figures shall be determined according to the most current population

679 estimates prepared by the Utah Population Estimates Committee;
680 (d) a county's population figure for the 25% distribution to municipalities and counties
681 under Subsection (3)(b)(i) shall be determined only with reference to the population in the
682 unincorporated areas of the county;
683 (e) a county's population figure under Subsection (3)(b)(iv) for the 25% distribution to
684 counties only shall be determined with reference to the total population in the county, including
685 that of municipalities;
686 (f) a conviction occurs in the municipality or county that actually prosecutes the
687 offense to judgment; and
688 (g) in the case of a conviction based upon a guilty plea, the conviction is considered to
689 occur in the municipality or county that, except for the guilty plea, would have prosecuted the
690 offense.
691 (6) By not later than September 1 each year:
692 (a) the state court administrator shall certify to the State Tax Commission the number
693 of convictions obtained for alcohol-related offenses in each municipality or county in the state
694 during the annual conviction time period; and
695 (b) the coordinating council shall notify the State Tax Commission of any municipality
696 that does not have a law enforcement agency.
697 (7) By not later than December 1 of each year, the coordinating council shall notify the
698 State Tax Commission for the fiscal year of appropriation of:
699 (a) any municipality that may receive a distribution under Subsection (3)(c)(iii);
700 (b) any county that may receive a distribution allocated to a municipality described in
701 Subsection (3)(c)(ii);
702 (c) any municipality or county that may not receive a distribution because the
703 coordinating council has suspended the payment under Subsection (10)(a)(i); and
704 (d) any municipality or county that receives a distribution because the suspension of
705 payment has been cancelled under Subsection (10)(a)(ii).
706 (8) (a) By not later than January 1 of the fiscal year of appropriation, the State Tax
707 Commission shall annually distribute to each municipality and county the portion of the
708 appropriation that the municipality or county is eligible to receive under this section, except for
709 any municipality or county that the coordinating council notifies the State Tax Commission in

710 accordance with Subsection (7) may not receive a distribution in that fiscal year.
711 (b) (i) The State Tax Commission shall prepare forms for use by municipalities and
712 counties in applying for distributions under this section.
713 (ii) The forms described in this Subsection (8) may require the submission of
714 information the State Tax Commission considers necessary to enable the State Tax
715 Commission to comply with this section.
716 (9) A municipality or county that receives any monies under this section during a fiscal
717 year shall by no later than October 1 following the fiscal year:
718 (a) report to the coordinating council:
719 (i) the programs or projects of the municipality or county that receive monies under
720 this section;
721 (ii) if the monies for programs or projects were exclusively used as required by
722 Subsection (2)(d);
723 (iii) indicators of whether the programs or projects that receive monies under this
724 section are effective; and
725 (iv) if monies received under this section were not expended by the municipality or
726 county; and
727 (b) provide the coordinating council a statement signed by the chief executive officer
728 of the county or municipality attesting that the monies received under this section were used in
729 addition to monies appropriated or otherwise available for the county's or municipality's law
730 enforcement and were not used to supplant those monies.
731 (10) (a) The coordinating council may, by a majority vote:
732 (i) suspend future payments under Subsection (8) to a municipality or county that:
733 (A) does not file a report that meets the requirements of Subsection (9); or
734 (B) the coordinating council finds does not use the monies as required by Subsection
735 (2)(d) on the basis of the report filed by the municipality or county under Subsection (9); and
736 (ii) cancel a suspension under Subsection (10)(a)(i).
737 (b) The State Tax Commission shall[: (i) retain monies that a municipality or county
738 does not receive under Subsection (10)(a); and (ii)] notify the coordinating council of the
739 balance of [retained] any undistributed monies [under this Subsection (10)(b)] after the annual
740 distribution under Subsection (8).

741 (11) (a) Subject to the requirements of this Subsection (11), the coordinating council
742 shall award the balance of [retained] undistributed monies under Subsection (10)(b):
743 (i) as prioritized by majority vote of the coordinating council; and
744 (ii) as grants to:
745 (A) a county;
746 (B) a municipality;
747 (C) the Department of Alcoholic Beverage Control;
748 (D) the Department of Human Services;
749 (E) the Department of Public Safety; or
750 (F) the Utah State Office of Education.
751 (b) By not later than May 30 of the fiscal year of the appropriation, the coordinating
752 council shall notify the State Tax Commission of grants awarded under this Subsection (11).
753 (c) The State Tax Commission shall make payments of a grant:
754 (i) upon receiving notice as provided under Subsection (11)(b); and
755 (ii) by not later than June 30 of the fiscal year of the appropriation.
756 (d) An entity that receives a grant under this Subsection (11) shall use the grant monies
757 exclusively for programs or projects described in Subsection (2)(d).
758 Section 13. Section 35A-3-114 is amended to read:
759 35A-3-114. Programs for displaced homemakers.
760 (1) For purposes of this section, "displaced homemaker" means an individual:
761 (a) who has been a homemaker for a period of eight or more years without significant
762 gainful employment outside the home;
763 (b) whose primary occupation during the period of time described in Subsection (1)(a)
764 was the provision of unpaid household services for family members;
765 (c) who has found it necessary to enter the job market;
766 (d) who is not reasonably capable of obtaining employment sufficient to provide
767 self-support or necessary support for dependents, due to a lack of marketable job skills or other
768 skills necessary for self-sufficiency; and
769 (e) who has depended on:
770 (i) the income of a family member and lost that income; or
771 (ii) governmental assistance as the parent of dependent children and is no longer

772 eligible for that assistance.
773 (2) The department shall establish, in cooperation with state and local governmental
774 agencies, community-based organizations, and private employers, a program for the education,
775 training, and transitional counseling of displaced homemakers, which includes referral services
776 and the following services:
777 (a) employment and skills training, career counseling, and placement services
778 specifically designed to address the needs of displaced homemakers;
779 (b) assistance in obtaining access to existing public and private employment training
780 programs;
781 (c) educational services, including information on high school or college programs, or
782 assistance in gaining access to existing educational programs;
783 (d) health education and counseling, or assistance in gaining access to existing health
784 education and counseling services;
785 (e) financial management services which provide information on insurance, taxes,
786 estate and probate matters, mortgages, loans, and other financial issues; and
787 (f) prevocational self-esteem and assertiveness training.
788 (3) The department shall:
789 (a) (i) contract with existing governmental or private agencies or community-based
790 organizations that have demonstrated effectiveness in serving displaced homemakers to
791 provide a program for displaced homemakers in each county or group of counties, as the
792 population demands; or
793 (ii) establish a program for displaced homemakers in that area;
794 (b) coordinate its program for displaced homemakers with existing state or federal
795 programs of a similar nature and, where possible, utilize existing physical resources;
796 (c) establish rules to implement this section, and may form an advisory committee for
797 recommendations on the establishment and improvement of a program for displaced
798 homemakers;
799 (d) encourage the placement of displaced homemakers in programs established under:
800 (i) the Workforce Investment Act of 1998; and
801 (ii) the Carl D. Perkins Vocational and Applied Technology Education Act, 20 U.S.C.
802 Section 2301, et seq.; and

803 (e) prepare an evaluation of its program for displaced homemakers, including the
804 success of placement of displaced homemakers in programs described in this section, and
805 annually submit a written report of that evaluation to the Legislature.
806 (4) Displaced homemakers may act as peer counselors in programs for displaced
807 homemakers.
808 (5) [(a) Appropriate funds] Funds received by the state under Section 17-16-21 shall be
809 deposited as [nonlapsing] dedicated credits and used for the purposes of this section.
810 [(b) Notwithstanding Subsection (5)(a), if the nonlapsing amount exceeds $300,000 at
811 the end of any fiscal year, the excess shall lapse into the General Fund.]
812 (6) The department shall establish procedures for payment and repayment, when
813 possible, by clients to the department of the costs of services provided to displaced
814 homemakers under this section.
815 Section 14. Section 41-1a-1201 is amended to read:
816 41-1a-1201. Disposition of fees.
817 (1) All fees received and collected under this part shall be transmitted daily to the state
818 treasurer.
819 (2) Except as provided in Subsections (3), [(4), (6), and (7)] (5), and (6) and Sections
820 41-1a-422 , 41-1a-1220 , and 41-1a-1221 , all fees collected under this part shall be deposited in
821 the Transportation Fund.
822 (3) (a) Funds generated under Subsections 41-1a-1211 (1)(b)(i), (6)(b)(i), and (7) and
823 Section 41-1a-1212 may be used by the commission as a dedicated credit to cover the costs
824 incurred in issuing license plates under Part 4, License Plates and Registration Indicia.
825 (b) Fees for statehood centennial license plates shall be collected and deposited in the
826 Transportation Fund, less production and administrative costs incurred by the commission.
827 [(4) All funds available to the commission for purchase and distribution of license
828 plates and decals are nonlapsing.]
829 [(5)] (4) Except as provided in Subsection (3) and Section 41-1a-1205 , the expenses of
830 the commission in enforcing and administering this part shall be provided for by legislative
831 appropriation from the revenues of the Transportation Fund.
832 [(6)] (5) (a) Except as provided in Subsection [(6)] (5)(b), the following portions of the
833 registration fees imposed under Section 41-1a-1206 for each vehicle shall be deposited in the

834 Centennial Highway Fund Restricted Account created under Section 72-2-118 :
835 (i) $10 of the registration fees imposed under Subsections 41-1a-1206 (1)(a), (1)(b), (2),
836 and (5);
837 (ii) $1 of the registration fees imposed under Subsections 41-1a-1206 (1)(c)(i),
838 (1)(c)(ii), and (1)(d)(ii);
839 (iii) $2 of the registration fee imposed under Subsection 41-1a-1206 (1)(e)(ii);
840 (iv) $3 of the registration fee imposed under Subsection 41-1a-1206 (1)(d)(i); and
841 (v) $4.50 of the registration fee imposed under Subsection 41-1a-1206 (1)(e)(i).
842 (b) When the highway general obligation bonds have been paid off and the highway
843 projects completed that are intended to be paid from revenues deposited in the Centennial
844 Highway Fund Restricted Account as determined by the Executive Appropriations Committee
845 under Subsection 72-2-118 (6)(d), the portions of the registration fees deposited under
846 Subsection [(6)] (5)(a) for each vehicle shall be deposited in the Transportation Investment
847 Fund of 2005 created by Section 72-2-124 .
848 [(7)] (6) The following portions of the registration fees imposed under Section
849 41-1a-1206 for each vehicle shall be deposited in the Transportation Investment Fund of 2005
850 created by Section 72-2-124 :
851 (a) $20 of each registration fee collected under Subsections 41-1a-1206 (1)(a), (1)(b),
852 (1)(c), (1)(d)(i), (1)(e)(i), (2)(a), and (5); and
853 (b) 50 cents of each registration fee collected under Subsection 41-1a-1206 (1)(e)(ii).
854 Section 15. Section 41-1a-1221 is amended to read:
855 41-1a-1221. Fees to cover the cost of electronic payments.
856 (1) As used in this section:
857 (a) "Electronic payment" means use of any form of payment processed through
858 electronic means, including credit cards, debit cards, and automatic clearinghouse transactions.
859 (b) "Electronic payment fee" means the fee assessed to defray:
860 (i) the charge, discount fee, or processing fee charged by credit card companies or
861 processing agents to process an electronic payment; or
862 (ii) costs associated with the purchase of equipment necessary for processing electronic
863 payments.
864 (2) (a) The Motor Vehicle Division may collect an electronic payment fee on all

865 registrations and renewals of registration under Subsections 41-1a-1206 (1)(a), (1)(b), and (2).
866 (b) The fee described in Subsection (2)(a):
867 (i) shall be imposed regardless of the method of payment for a particular transaction;
868 and
869 (ii) need not be separately identified from the fees imposed for registration and
870 renewals of registration under Subsections 41-1a-1206 (1)(a), (1)(b), and (2).
871 (3) The division shall establish the fee according to the procedures and requirements of
872 Section 63J-1-504 .
873 (4) A fee imposed under this section:
874 (a) shall be used by the division as a dedicated credit to cover the costs of electronic
875 payments; and
876 [(b) is nonlapsing; and]
877 [(c)] (b) is not subject to Subsection 63J-2-202 (2).
878 Section 16. Section 41-3-601 is amended to read:
879 41-3-601. Fees.
880 (1) To pay for administering and enforcing this chapter, the administrator shall collect
881 fees determined by the commission under Section 63J-1-504 for each of the following:
882 (a) new motor vehicle dealer's license;
883 (b) used motor vehicle dealer's license;
884 (c) new motorcycle, off-highway vehicle, and small trailer dealer;
885 (d) used motorcycle, off-highway vehicle, and small trailer dealer;
886 (e) motor vehicle salesperson's license;
887 (f) motor vehicle salesperson's transfer or reissue fee;
888 (g) motor vehicle manufacturer's license;
889 (h) motor vehicle transporter's license;
890 (i) motor vehicle dismantler's license;
891 (j) motor vehicle crusher's license;
892 (k) motor vehicle remanufacturer's license;
893 (l) body shop's license;
894 (m) distributor or factory branch and distributor branch's license;
895 (n) representative's license;

896 (o) dealer plates;
897 (p) dismantler plates;
898 (q) manufacturer plates;
899 (r) transporter plates;
900 (s) damaged plate replacement;
901 (t) in-transit permits;
902 (u) loaded demonstration permits;
903 (v) additional place of business;
904 (w) special equipment dealer's license;
905 (x) temporary permits; and
906 (y) temporary sports event registration certificates.
907 (2) (a) To pay for training certified vehicle inspectors and enforcement under Sections
908 41-1a-1001 through 41-1a-1008 , the State Tax Commission shall establish and the
909 administrator shall collect inspection fees determined by the commission under Section
910 63J-1-504 .
911 (b) The division shall use fees collected under Subsection (2)(a) as [nonlapsing]
912 dedicated credits to be used toward the costs of the division.
913 (3) (a) At the time of application, the administrator shall collect a fee of $200 for each
914 salvage vehicle buyer license.
915 (b) The administrator may retain a portion of the fee under Subsection (3)(a) to offset
916 the administrator's actual costs of administering and enforcing salvage vehicle buyer licenses.
917 (4) The division shall use fees collected under Subsections (1)(x) and (y) as
918 [nonlapsing] dedicated credits to be used toward the costs of the division.
919 Section 17. Section 41-3-604 is amended to read:
920 41-3-604. Fee to cover the cost of electronic payments.
921 (1) As used in this section:
922 (a) "Electronic payment" has the same meaning as defined in Section 41-1a-1221 .
923 (b) "Electronic payment fee" has the same meaning as defined in Section 41-1a-1221 .
924 (2) (a) The division may collect a fee to cover the cost of electronic payments on the
925 following transactions:
926 (i) each purchase or renewal of a license under Section 41-3-202 ;

927 (ii) each purchase of a book of temporary permits under Section 41-3-302 ;
928 (iii) each penalty issued for a delinquent temporary permit under Section 41-3-302 ;
929 (iv) each purchase of an in-transit permit under Section 41-3-305 ;
930 (v) each purchase of a loaded demonstration permit under Section 41-3-502 ;
931 (vi) each purchase of a license plate under Section 41-3-503 ; and
932 (vii) each purchase of a salvage vehicle buyer license under Section 41-3-202 .
933 (b) The fee described in Subsection (2)(a):
934 (i) shall be imposed regardless of the method of payment for a particular transaction;
935 and
936 (ii) need not be separately identified from the fees and penalty described in Subsections
937 (2)(a)(i) through (vii).
938 (3) The division shall establish the fee under Subsection (2)(a) according to the
939 procedures and requirements of Section 63J-1-504 .
940 (4) A fee imposed under this section:
941 (a) shall be used by the division as a dedicated credit to cover the costs of electronic
942 payments; and
943 [(b) is nonlapsing; and]
944 [(c)] (b) is not subject to Subsection 63J-2-202 (2).
945 Section 18. Section 41-22-36 is amended to read:
946 41-22-36. Fees to cover the costs of electronic payments.
947 (1) As used in this section:
948 (a) "Electronic payment" has the same meaning as defined in Section 41-1a-1221 .
949 (b) "Electronic payment fee" has the same meaning as defined in Section 41-1a-1221 .
950 (2) (a) The Motor Vehicle Division may collect an electronic payment fee on all
951 registrations and renewals of registration under Section 41-22-8 .
952 (b) The fee described in Subsection (2)(a) shall be imposed regardless of the method of
953 payment for a particular transaction.
954 (3) The division shall establish the fee according to the procedures and requirements of
955 Section 63J-1-504 .
956 (4) A fee imposed under this section:
957 (a) shall be used by the Motor Vehicle Division as a dedicated credit to cover the costs

958 of electronic payments;
959 [(b) is nonlapsing;]
960 [(c)] (b) is not subject to Subsection 63J-2-202 (2); and
961 [(d)] (c) need not be separately identified from the fees imposed on registrations and
962 renewals of registration under Section 41-22-8 .
963 Section 19. Section 46-1-23 is amended to read:
964 46-1-23. Dedication of fees.
965 [(1)] The lieutenant governor shall deposit all money collected under this chapter into
966 the General Fund as a dedicated credit to be used by the lieutenant governor to administer this
967 chapter.
968 [(2) All funding for the administration of this chapter shall be nonlapsing.]
969 Section 20. Section 53-7-314 is amended to read:
970 53-7-314. Fees -- Setting -- Deposit -- Use.
971 (1) The board shall establish fees authorized in this part in accordance with the
972 procedures specified in Section 63J-1-504 , but the fees shall be deposited as provided in
973 Subsection (2).
974 (2) Fees collected by the division under this part, shall be deposited with the state
975 treasurer as a [nonlapsing] dedicated credit, to be used for the implementation of this part.
976 Section 21. Section 58-37-7.7 is amended to read:
977 58-37-7.7. Use of dedicated credits -- Controlled Substance Database -- Collection
978 of penalties.
979 (1) The director may use the monies deposited in the General Fund as a dedicated
980 credit under Subsections 58-37-6 (8)(a), 58-37-7.5 (11)(c), and 58-37-7.5 (12)(b) for the
981 following purposes:
982 (a) maintenance and replacement of the database equipment, including hardware and
983 software;
984 (b) training of staff; and
985 (c) pursuit of external grants and matching funds.
986 (2) The director of the division may collect any penalty imposed under Subsections
987 58-37-6 (8)(a), 58-37-7.5 (11)(c), and 58-37-7.5 (12)(b) and which is not paid by:
988 (a) referring the matter to the Office of State Debt Collection or a collection agency; or

989 (b) bringing an action in the district court of the county in which the person owing the
990 debt resides or in the county where the office of the director is located.
991 (3) The director may seek legal assistance from the attorney general or the county or
992 district attorney of the district in which the action is brought to collect the fine.
993 (4) The court shall award reasonable attorney's fees and costs to the division for
994 successful collection actions under Subsection (2)(b).
995 [(5) All funding of the controlled substance database as defined under Section
996 58-37-7.5 is nonlapsing.]
997 Section 22. Section 58-56-9 is amended to read:
998 58-56-9. Qualifications of inspectors -- Contract for inspection services.
999 (1) All inspectors employed by a local regulator, state regulator, or compliance agency
1000 to enforce provisions of the codes adopted or approved pursuant to this chapter shall:
1001 (a) meet minimum qualifications as established by the division in collaboration with
1002 the commission or be certified by a nationally recognized organization which promulgates
1003 codes adopted under this chapter, or pass an examination developed by the division in
1004 collaboration with the commission;
1005 (b) be currently licensed by the division as meeting those minimum qualifications; and
1006 (c) be subject to revocation or suspension of their license or may be placed on
1007 probation if found guilty of unlawful or unprofessional conduct.
1008 (2) A local regulator, state regulator, or compliance agency may contract for the
1009 services of a licensed inspector not regularly employed by the regulator or agency.
1010 (3) [(a)] The division shall use the monies received in Subsection (4) to provide
1011 education regarding the codes and code amendments adopted or approved under Section
1012 58-56-4 to:
1013 [(i)] (a) building inspectors; and
1014 [(ii)] (b) individuals engaged in construction-related trades or professions.
1015 [(b) All funding available for the building inspector's education program shall be
1016 nonlapsing.]
1017 (4) Each compliance agency shall charge a 1% surcharge on all building permits issued
1018 and shall transmit 80% of the amount collected to the division to be utilized by the division to
1019 fulfill the requirements of Subsection (3). The surcharge shall be deposited as a dedicated

1020 credit.
1021 Section 23. Section 61-2c-401 is amended to read:
1022 61-2c-401. Investigations.
1023 (1) The division may investigate or cause to be investigated the actions of:
1024 (a) (i) a licensee;
1025 (ii) a person required to be licensed under this chapter; or
1026 (iii) the following with respect to an entity that is a licensee or an entity required to be
1027 licensed under this chapter:
1028 (A) a manager;
1029 (B) a managing partner;
1030 (C) a director;
1031 (D) an executive officer; or
1032 (E) an individual who performs a function similar to an individual listed in this
1033 Subsection (1)(a)(iii);
1034 (b) (i) an applicant for licensure or renewal of licensure under this chapter; or
1035 (ii) the following with respect to an entity that has applied for a license or renewal of
1036 licensure under this chapter:
1037 (A) a manager;
1038 (B) a managing partner;
1039 (C) a director;
1040 (D) an executive officer; or
1041 (E) an individual who performs a function similar to an individual listed in this
1042 Subsection (1)(b)(ii); or
1043 (c) any individual or entity that transacts the business of residential mortgage loans
1044 within this state.
1045 (2) In conducting investigations, records inspections, and adjudicative proceedings, the
1046 division may:
1047 (a) administer an oath or affirmation;
1048 (b) subpoena witnesses;
1049 (c) take evidence;
1050 (d) require the production of books, papers, contracts, records, other documents, or

1051 information relevant to an investigation; and
1052 (e) serve a subpoena by certified mail.
1053 (3) A failure to respond to a request by the division in an investigation authorized
1054 under this chapter is considered as a separate violation of this chapter, including:
1055 (a) failing to respond to a subpoena;
1056 (b) withholding evidence; or
1057 (c) failing to produce documents or records.
1058 (4) The division may inspect and copy all records related to the business of residential
1059 mortgage loans by a licensee under this chapter, regardless of whether the records are
1060 maintained at a business location in Utah, in conducting:
1061 (a) investigations of complaints; or
1062 (b) inspections of the records required to be maintained under:
1063 (i) this chapter; or
1064 (ii) rules adopted by the division under this chapter.
1065 (5) (a) If a licensee maintains the records required by this chapter and the rules adopted
1066 by the division under this chapter outside Utah, the licensee is responsible for all reasonable
1067 costs, including reasonable travel costs, incurred by the division in inspecting those records.
1068 (b) Upon receipt of notification from the division that records maintained outside Utah
1069 are to be examined in connection with an investigation or an examination, the licensee shall
1070 deposit with the division a deposit of $500 to cover the division's expenses in connection with
1071 the examination of the records.
1072 (c) If the deposit described in Subsection (5)(b) is insufficient to meet the estimated
1073 costs and expenses of examination of the records, the licensee shall make an additional deposit
1074 to cover the estimated costs and expenses of the division.
1075 (d) (i) All deposits under this Subsection (5) shall be deposited in the General Fund as
1076 a dedicated credit to be used by the division under Subsection (5)(a).
1077 (ii) The division, with the concurrence of the executive director, may use the deposit
1078 monies deposited in the General Fund under this Subsection (5)(d) as a dedicated credit for the
1079 records inspection costs under Subsection (5)(a).
1080 (iii) A deposit under this Subsection (5) shall be refunded to the licensee to the extent it
1081 is not used, together with an itemized statement from the division of all amounts it has used.

1082 [(e) All deposits under this Subsection (5) shall be nonlapsing.]
1083 (6) Failure to deposit with the division a deposit required to cover the costs of
1084 examination of records that are maintained outside Utah shall result in automatic suspension of
1085 a license until the deposit is made.
1086 Section 24. Section 63J-1-104 is amended to read:
1087 63J-1-104. Revenue types -- Disposition of funds collected or credited by a state
1088 agency.
1089 (1) (a) The Division of Finance shall:
1090 (i) account for revenues in accordance with generally accepted accounting principles;
1091 and
1092 (ii) use the major revenue types in internal accounting.
1093 (b) Each agency shall:
1094 (i) use the major revenue types to account for revenues;
1095 (ii) deposit revenues and other public funds received by them by following the
1096 procedures and requirements of Title 51, Chapter 7, State Money Management Act; and
1097 (iii) expend revenues and public funds as required by this chapter.
1098 (2) (a) Each agency shall deposit its free revenues into the appropriate fund.
1099 (b) An agency may expend free revenues up to the amount specifically appropriated by
1100 the Legislature.
1101 (c) Any free revenue funds appropriated by the Legislature to an agency that remain
1102 unexpended at the end of the fiscal year lapse to the source fund unless the Legislature provides
1103 by law that those funds are nonlapsing.
1104 (3) (a) Each agency shall deposit its restricted revenues into [a] the applicable restricted
1105 account or fund.
1106 (b) Revenues in a restricted account or fund do not lapse to another account or fund
1107 unless otherwise specifically provided for by law or legislative appropriation.
1108 [(b)] (c) The Legislature may appropriate restricted revenues from a restricted account
1109 or fund for the specific purpose or program designated by law.
1110 [(c)] (d) If the fund equity of a restricted account or fund is insufficient to provide the
1111 funds appropriated from it by the Legislature, the Division of Finance may reduce the
1112 appropriation to a level that ensures that the fund equity is not less than zero.

1113 [(d)] (e) Any restricted revenue funds appropriated by the Legislature to an agency that
1114 remain unexpended at the end of the fiscal year lapse to the restricted fund unless the
1115 Legislature provides by law that those funds, or the program or line item financed by those
1116 funds, are nonlapsing.
1117 (4) (a) An agency may expend dedicated credits for any purpose within the program or
1118 line item.
1119 (b) (i) Except as provided in Subsection (4)(b)(ii), an agency may not expend dedicated
1120 credits in excess of the amount appropriated as dedicated credits by the Legislature.
1121 (ii) In order to expend dedicated credits in excess of the amount appropriated as
1122 dedicated credits by the Legislature, the following procedure shall be followed:
1123 (A) The agency seeking to make the excess expenditure shall:
1124 (I) develop a new work program that:
1125 (Aa) consists of the currently approved work program and the excess expenditure
1126 sought to be made; and
1127 (Bb) complies with the requirements of Section 63J-2-202 ;
1128 (II) prepare a written justification for the new work program that sets forth the purpose
1129 and necessity of the excess expenditure; and
1130 (III) submit the new work program and the written justification for the new work
1131 program to the Division of Finance.
1132 (B) The Division of Finance shall process the new work program with written
1133 justification and make this information available to the Governor's Office of Planning and
1134 Budget and the legislative fiscal analyst.
1135 (iii) An expenditure of dedicated credits in excess of amounts appropriated as
1136 dedicated credits by the Legislature may not be used to permanently increase personnel within
1137 the agency unless:
1138 (A) the increase is approved by the Legislature; or
1139 (B) the monies are deposited as dedicated credits in:
1140 (I) the Drug Stamp Tax Fund under Section 59-19-105 ; or
1141 (II) a line item covering tuition or federal vocational funds at an institution of higher
1142 education.
1143 (c) (i) All excess dedicated credits lapse to the appropriate fund at the end of the fiscal

1144 year unless the Legislature has designated the entire program or line item that is partially or
1145 fully funded from dedicated credits as nonlapsing.
1146 (ii) The Division of Finance shall determine the appropriate fund into which the
1147 dedicated credits lapse.
1148 (5) (a) The Legislature may establish by law the maximum amount of fixed collections
1149 that an agency may expend.
1150 (b) If an agency receives less than the maximum amount of expendable fixed
1151 collections established by law, the agency's authority to expend is limited to the amount of
1152 fixed collections that it receives.
1153 (c) If an agency receives fixed collections greater than the maximum amount of
1154 expendable fixed collections established by law, those excess amounts lapse to the General
1155 Fund, the Education Fund, the Uniform School Fund, or the Transportation Fund as designated
1156 by the director of the Division of Finance at the end of the fiscal year.
1157 (6) Unless otherwise specifically provided by law, when an agency has a program or
1158 line item that is funded by more than one major revenue type:
1159 (a) the agency shall expend its dedicated credits and fixed collections first; and
1160 (b) if the program or line item includes both free revenue and restricted revenue, an
1161 agency shall expend those revenues based upon a proration of the amounts appropriated from
1162 each of those major revenue types.
1163 Section 25. Section 63J-1-602 is amended to read:
1164 63J-1-602. Nonlapsing accounts and funds.
1165 (1) The following revenue collections, appropriations from a fund or account, and
1166 appropriations to a program are nonlapsing:
1167 (a) appropriations made to the Legislature and its committees;
1168 [(b) funds collected by the grain grading program, as provided in Section 4-2-2 ;]
1169 [(c)] (b) the Salinity Offset Fund created in Section 4-2-8.5 ;
1170 [(d)] (c) the Invasive Species Mitigation Fund created in Section 4-2-8.7 ;
1171 [(e) funds collected by pesticide dealer license registration fees, as provided in Section
1172 4-14-3 ;]
1173 [(f) funds collected by pesticide applicator business registration fees, as provided in
1174 Section 4-14-13 ;]

1175 [(g)] (d) the Rangeland Improvement Fund created in Section 4-20-2 ;
1176 [(h) funds deposited as dedicated credits under the Insect Infestation Emergency
1177 Control Act, as provided in Section 4-35-6 ;]
1178 [(i)] (e) the Percent-for-Art Program created in Section 9-6-404 ;
1179 [(j)] (f) the Centennial History Fund created in Section 9-8-604 ;
1180 [(k)] (g) the Uintah Basin Revitalization Fund, as provided in Section 9-10-108 ;
1181 [(l)] (h) the Navajo Revitalization Fund created in Section 9-11-104 ;
1182 [(m)] (i) the LeRay McAllister Critical Land Conservation Program created in Section
1183 11-38-301 ;
1184 [(n)] (j) the Clean Fuels and Vehicle Technology Fund created in Section 19-1-403 ;
1185 [(o) fees deposited as dedicated credits for hazardous waste plan reviews, as provided
1186 in Section 19-6-120 ;]
1187 [(p)] (k) an appropriation made to the Division of Wildlife Resources for the appraisal
1188 and purchase of lands under the Pelican Management Act, as provided in Section 23-21a-6 ;
1189 [(q)] (l) award monies under the Crime Reduction Assistance Program, as provided
1190 under Section 24-1-19 ;
1191 [(r)] (m) funds collected from the emergency medical services grant program, as
1192 provided in Section 26-8a-207 ;
1193 [(s) fees and other funding available to purchase training equipment and to administer
1194 tests and conduct quality assurance reviews, as provided in Section 26-8a-208 ;]
1195 [(t) funds collected as a result of a sanction under Section 1919 of Title XIX of the
1196 federal Social Security Act, as provided in Section 26-18-3 ;]
1197 [(u)] (n) the Utah Health Care Workforce Financial Assistance Program created in
1198 Section 26-46-102 ;
1199 [(v) monies collected from subscription fees for publications prepared or distributed by
1200 the insurance commissioner, as provided in Section 31A-2-208 ;]
1201 [(w) monies received by the Insurance Department for administering, investigating
1202 under, and enforcing the Insurance Fraud Act, as provided in Section 31A-31-108 ;]
1203 [(x) certain monies received for penalties paid under the Insurance Fraud Act, as
1204 provided in Section 31A-31-109 ;]
1205 [(y)] (o) the fund for operating the state's Federal Health Care Tax Credit Program, as

1206 provided in Section 31A-38-104 ;
1207 [(z) certain funds in the Department of Workforce Services' program for the education,
1208 training, and transitional counseling of displaced homemakers, as provided in Section
1209 35A-3-114 ;]
1210 [(aa)] (p) the Employment Security Administration Fund created in Section 35A-4-505 ;
1211 [(bb)] (q) the Special Administrative Expense Fund created in Section 35A-4-506 ;
1212 [(cc)] (r) funding for a new program or agency that is designated as nonlapsing under
1213 Section 36-24-101 ;
1214 [(dd)] (s) the Oil and Gas Conservation Account created in Section 40-6-14.5 ;
1215 [(ee) funds available to the State Tax Commission for purchase and distribution of
1216 license plates and decals, as provided in Section 41-1a-1201 ;]
1217 [(ff) certain fees for the cost of electronic payments under the Motor Vehicle Act, as
1218 provided in Section 41-1a-1221 ;]
1219 [(gg) certain fees collected for administering and enforcing the Motor Vehicle Business
1220 Regulation Act, as provided in Section 41-3-601 ;]
1221 [(hh) certain fees for the cost of electronic payments under the Motor Vehicle Business
1222 Regulation Act, as provided in Section 41-3-604 ;]
1223 [(ii)] (t) the Off-Highway Access and Education Restricted Account created in Section
1224 41-22-19.5 ;
1225 [(jj) certain fees for the cost of electronic payments under the Motor Vehicle Act, as
1226 provided in Section 41-22-36 ;]
1227 [(kk) monies collected under the Notaries Public Reform Act, as provided under
1228 46-1-23 ;]
1229 [(ll)] (u) certain funds associated with the Law Enforcement Operations Account, as
1230 provided in Section 51-9-411 ;
1231 [(mm)] (v) the Public Safety Honoring Heroes Restricted Account created in Section
1232 53-1-118 ;
1233 [(nn)] (w) funding for the Search and Rescue Financial Assistance Program, as
1234 provided in Section 53-2-107 ;
1235 [(oo)] (x) appropriations made to the Department of Public Safety from the Department
1236 of Public Safety Restricted Account, as provided in Section 53-3-106 ;

1237 [(pp)] (y) appropriations to the Motorcycle Rider Education Program, as provided in
1238 Section 53-3-905 ;
1239 [(qq) fees collected by the State Fire Marshal Division under the Utah Fire Prevention
1240 and Safety Act, as provided in Section 53-7-314 ;]
1241 [(rr)] (z) the DNA Specimen Restricted Account created in Section 53-10-407 ;
1242 [(ss)] (aa) the minimum school program, as provided in Section 53A-17a-105 ;
1243 [(tt)] (bb) certain funds appropriated from the Uniform School Fund to the State Board
1244 of Education for new teacher bonus and performance-based compensation plans, as provided in
1245 Section 53A-17a-148 ;
1246 [(uu)] (cc) certain funds appropriated from the Uniform School Fund to the State Board
1247 of Education for implementation of proposals to improve mathematics achievement test scores,
1248 as provided in Section 53A-17a-152 ;
1249 [(vv)] (dd) the School Building Revolving Account created in Section 53A-21-401 ;
1250 [(ww)] (ee) monies received by the State Office of Rehabilitation for the sale of certain
1251 products or services, as provided in Section 53A-24-105 ;
1252 [(xx)] (ff) the State Board of Regents, as provided in Section 53B-6-104 ;
1253 [(yy)] (gg) certain funds appropriated from the General Fund to the State Board of
1254 Regents for teacher preparation programs, as provided in Section 53B-6-104 ;
1255 [(zz)] (hh) a certain portion of monies collected for administrative costs under the
1256 School Institutional Trust Lands Management Act, as provided under Section 53C-3-202 ;
1257 [(aaa)] (ii) certain surcharges on residence and business telecommunications access
1258 lines imposed by the Public Service Commission, as provided in Section 54-8b-10 ;
1259 [(bbb)] (jj) certain fines collected by the Division of Occupational and Professional
1260 Licensing for violation of unlawful or unprofessional conduct that are used for education and
1261 enforcement purposes, as provided in Section 58-17b-505 ;
1262 [(ccc)] (kk) the Nurse Education and Enforcement Fund created in Section 58-31b-103 ;
1263 [(ddd) funding of the controlled substance database, as provided in Section 58-37-7.7 ;]
1264 [(eee)] (ll) the Certified Nurse Midwife Education and Enforcement Fund created in
1265 Section 58-44a-103 ;
1266 [(fff) funding for the building inspector's education program, as provided in Section
1267 58-56-9 ;]

1268 [(ggg)] (mm) certain fines collected by the Division of Occupational and Professional
1269 Licensing for use in education and enforcement of the Security Personnel Licensing Act, as
1270 provided in Section 58-63-103 ;
1271 [(hhh)] (nn) the Professional Geologist Education and Enforcement Fund created in
1272 Section 58-76-103 ;
1273 [(iii)] (oo) certain monies in the Water Resources Conservation and Development
1274 Fund, as provided in Section 59-12-103 ;
1275 [(jjj)] (pp) funds paid to the Division of Real Estate for the cost of a criminal
1276 background check for broker and sales agent licenses, as provided in Section 61-2-9 ;
1277 [(kkk)] (qq) the Utah Housing Opportunity Restricted Account created in Section
1278 61-2-28 ;
1279 [(lll)] (rr) funds paid to the Division of Real Estate for the cost of a criminal
1280 background check for a mortgage loan license, as provided in Section 61-2c-202 ;
1281 [(mmm) funds paid to the Division of Real Estate in relation to examination of records
1282 in an investigation, as provided in Section 61-2c-401 ;]
1283 [(nnn)] (ss) certain funds donated to the Department of Human Services, as provided in
1284 Section 62A-1-111 ;
1285 [(ooo)] (tt) certain funds donated to the Division of Child and Family Services, as
1286 provided in Section 62A-4a-110 ;
1287 [(ppp)] (uu) the Mental Health Therapist Grant and Scholarship Program, as provided
1288 in Section 62A-13-109 ;
1289 [(qqq)] (vv) assessments for DUI violations that are forwarded to an account created by
1290 a county treasurer, as provided in Section 62A-15-503 ;
1291 [(rrr)] (ww) appropriations to the Division of Services for People with Disabilities, as
1292 provided in Section 62A-5-102 ;
1293 [(sss)] (xx) certain donations to the Division of Substance Abuse and Mental Health, as
1294 provided in Section 62A-15-103 ;
1295 [(ttt)] (yy) certain funds received by the Division of Parks and Recreation from the sale
1296 or disposal of buffalo, as provided under Section 63-11-19.2 ;
1297 [(uuu) revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
1298 Park, or Jordan River State Park, as provided under Section 63-11-19.5 ;]

1299 [(vvv) revenue for golf user fees at the Green River State Park, as provided under
1300 Section 63-11-19.6 ;]
1301 [(www)] (zz) the Centennial Nonmotorized Paths and Trail Crossings Program created
1302 under Section 63-11a-503 ;
1303 [(xxx)] (aaa) the Bonneville Shoreline Trail Program created under Section
1304 63-11a-504 ;
1305 [(yyy)] (bbb) the account for the Utah Geological Survey, as provided in Section
1306 63-73-10 ;
1307 [(zzz)] (ccc) the Risk Management Fund created under Section 63A-4-201 ;
1308 [(aaaa)] (ddd) the Child Welfare Parental Defense Fund created in Section
1309 63A-11-203 ;
1310 [(bbbb)] (eee) the Constitutional Defense Restricted Account created in Section
1311 63C-4-103 ;
1312 [(cccc)] (fff) a portion of the funds appropriated to the Utah Seismic Safety
1313 Commission, as provided in Section 63C-6-104 ;
1314 [(dddd)] (ggg) funding for the Medical Education Program administered by the
1315 Medical Education Council, as provided in Section 63C-8-102 ;
1316 [(eeee)] (hhh) certain monies payable for commission expenses of the Pete Suazo Utah
1317 Athletic Commission, as provided under Section 63C-11-301 ;
1318 [(ffff)] (iii) funds collected for publishing the Division of Administrative Rules'
1319 publications, as provided in Section 63G-3-402 ;
1320 [(gggg)] (jjj) the appropriation to fund the Governor's Office of Economic
1321 Development's Enterprise Zone Act, as provided in Section 63M-1-416 ;
1322 [(hhhh)] (kkk) the Tourism Marketing Performance Account, as provided in Section
1323 63M-1-1406 ;
1324 [(iiii) certain funding for rural development provided to the Office of Rural
1325 Development in the Governor's Office of Economic Development, as provided in Section
1326 63M-1-1604 ;]
1327 [(jjjj)] (lll) certain monies in the Development for Disadvantaged Rural Communities
1328 Restricted Account, as provided in Section 63M-1-2003 ;
1329 [(kkkk)] (mmm) appropriations to the Utah Science Technology and Research

1330 Governing Authority, created under Section 63M-2-301 , as provided under Section
1331 [ 63M-3-302 ] 63M-2-302 ;
1332 [(llll)] (nnn) certain monies in the Rural Broadband Service Fund, as provided in
1333 Section 63M-1-2303 ;
1334 [(mmmm) funds collected from monthly offender supervision fees, as provided in
1335 Section 64-13-21.2 ;]
1336 [(nnnn)] (ooo) funds collected by the housing of state probationary inmates or state
1337 parole inmates, as provided in Subsection 64-13e-104 (2);
1338 [(oooo)] (ppp) the Sovereign Lands Management account created in Section 65A-5-1 ;
1339 [(pppp)] (qqq) certain forestry and fire control funds utilized by the Division of
1340 Forestry, Fire, and State Lands, as provided in Section 65A-8-103 ;
1341 [(qqqq)] (rrr) the Department of Human Resource Management user training program,
1342 as provided in Section 67-19-6 ;
1343 [(rrrr)] (sss) funds for the University of Utah Poison Control Center program, as
1344 provided in Section 69-2-5.5 ;
1345 [(ssss)] (ttt) appropriations to the Transportation Corridor Preservation Revolving Loan
1346 Fund, as provided in Section 72-2-117 ;
1347 [(tttt)] (uuu) appropriations to the Local Transportation Corridor Preservation Fund, as
1348 provided in Section 72-2-117.5 ;
1349 [(uuuu)] (vvv) appropriations to the Tollway Restricted Special Revenue Fund, as
1350 provided in Section [ 77-2-120 ] 72-2-120 ;
1351 [(vvvv)] (www) appropriations to the Aeronautics Construction Revolving Loan Fund,
1352 as provided in Section [ 77-2-122 ] 72-2-122 ;
1353 [(wwww) appropriations to the State Park Access Highways Improvement Program, as
1354 provided in Section 72-3-207 ;]
1355 [(xxxx)] (xxx) the Traffic Noise Abatement Program created in Section 72-6-112 ;
1356 [(yyyy)] (yyy) certain funds received by the Office of the State Engineer for well
1357 drilling fines or bonds, as provided in Section 73-3-25 ;
1358 [(zzzz)] (zzz) certain monies appropriated to increase the carrying capacity of the
1359 Jordan River that are transferred to the Division of Parks and Recreation, as provided in
1360 Section 73-10e-1 ;

1361 [(aaaaa) certain fees for the cost of electronic payments under the State Boating Act, as
1362 provided in Section 73-18-25 ;]
1363 [(bbbbb)] (aaaa) certain monies appropriated from the Water Resources Conservation
1364 and Development Fund, as provided in Section 73-23-2 ;
1365 [(ccccc)] (bbbb) the Lake Powell Pipeline Project Operation and Maintenance Fund
1366 created in Section 73-28-404 ;
1367 [(ddddd)] (cccc) certain funds in the Water Development and Flood Mitigation Reserve
1368 Account, as provided in Section [ 73-103-1 ] 73-10e-1 ;
1369 [(eeeee)] (dddd) certain funds appropriated for compensation for special prosecutors,
1370 as provided in Section 77-10a-19 ;
1371 [(fffff)] (eeee) the Indigent Aggravated Murder Defense Trust Fund created in Section
1372 77-32-601 ;
1373 [(ggggg)] (ffff) the Indigent Felony Defense Trust Fund created in Section 77-32-701 ;
1374 [(hhhhh)] (gggg) funds donated or paid to a juvenile court by private sources, as
1375 provided in Subsection 78A-6-203 (1)(c);
1376 [(iiiii)] (hhhh) a state rehabilitative employment program, as provided in Section
1377 78A-6-210 ; [and]
1378 [(jjjjj) fees from the issuance and renewal of licenses for certified court interpreters, as
1379 provided in Section 78B-1-146 .]
1380 (iiii) revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
1381 Park, Jordan River State Park, and Green River State Park, as provided under Section
1382 79-4-403 ; and
1383 (jjjj) certain funds received by the Division of Parks and Recreation from the sale or
1384 disposal of buffalo, as provided under Section 79-4-1001 .
1385 (2) No revenue collection, appropriation from a fund or account, or appropriation to a
1386 program may be treated as nonlapsing unless:
1387 (a) it is expressly referenced by this section;
1388 (b) it is designated in a condition of appropriation in the appropriations bill; or
1389 (c) nonlapsing authority is granted under Section 63J-1-603 .
1390 (3) Each legislative appropriations subcommittee shall review the accounts and funds
1391 that have been granted nonlapsing authority under this section or Section 63J-1-603 .

1392 Section 26. Section 63M-1-1604 is amended to read:
1393 63M-1-1604. Duties.
1394 (1) The Office of Rural Development shall:
1395 (a) provide, in conjunction with the Rural Coordinating Committee, staff support to the
1396 Governor's Rural Partnership Board;
1397 (b) facilitate within the Governor's Office of Economic Development implementation
1398 of the strategic plan prepared under Subsection 63C-10-103 (2);
1399 (c) work to enhance the capacity of the Governor's Office of Economic Development to
1400 address rural economic development, planning, and leadership training challenges and
1401 opportunities by establishing partnerships and positive working relationships with appropriate
1402 public and private sector entities, individuals, and institutions;
1403 (d) work with the Rural Coordinating Committee to coordinate and focus available
1404 resources in ways that address the economic development, planning, and leadership training
1405 challenges and priorities in rural Utah; and
1406 (e) in accordance with economic development and planning policies set by state
1407 government, coordinate relations between:
1408 (i) the state;
1409 (ii) rural governments;
1410 (iii) other public and private groups engaged in rural economic planning and
1411 development; and
1412 (iv) federal agencies.
1413 (2) (a) The Office of Rural Development may:
1414 (i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1415 make rules necessary to carry out its duties;
1416 (ii) accept gifts, grants, devises, and property, in cash or in kind, for the benefit of rural
1417 Utah citizens; and
1418 (iii) use those gifts, grants, devises, and property received under Subsection (2)(a)(ii)
1419 for the use and benefit of rural citizens within the state.
1420 (b) All resources received under Subsection (2)(a)(ii) shall be deposited in the General
1421 Fund as dedicated credits to be used as directed in Subsection (2)(a)(iii).
1422 [(c) All funding for the benefit of rural Utah as defined in this section is nonlapsing.]

1423 Section 27. Section 63M-1-2408 is amended to read:
1424 63M-1-2408. Transition clause -- Renegotiation of agreements -- Payment of
1425 partial rebates.
1426 (1) As used in this section, "partial rebate" means an agreement between the office and
1427 a business entity under which the state agrees to pay back to the business entity a portion of
1428 new state revenues generated by a business entity's new commercial project.
1429 (2) (a) Unless modified or renegotiated as provided in Subsection (2)(b), the Division
1430 of Finance shall make partial rebate payments due under agreements entered into by the office
1431 before May 5, 2008 as provided in this section.
1432 (b) By January 1, 2009, the office shall:
1433 (i) contact each business entity with whom the office entered into an agreement under
1434 former Section 63M-1-1304 or 63M-1-1704 ; and
1435 (ii) subject to the limits established in Subsection 63M-1-2404 (3)(b), seek to modify
1436 those agreements for the sole purpose of providing the incentives in the form of tax credits
1437 under this part rather than partial rebates.
1438 (c) The office shall:
1439 (i) for each modified agreement granting tax credits, follow the procedures and
1440 requirements of Section 63M-1-2405 ;
1441 (ii) for each agreement that still requires the state to pay partial rebates to the business
1442 entity, follow the procedures and requirements of this section; and
1443 (iii) provide a report to the Executive Appropriations Committee and the Legislative
1444 Fiscal Analyst by December 1, 2008, about the progress of its efforts to modify agreements
1445 reached before May 5, 2008.
1446 (3) (a) There is created a restricted account in the General Fund known as the
1447 Economic Incentive Restricted Account.
1448 (b) The account shall consist of monies transferred into the account by the Division of
1449 Finance from the General Fund as provided in this section.
1450 (c) The Division of Finance shall make payments from the account as required by this
1451 section.
1452 (4) (a) Each business entity seeking a partial rebate shall follow the procedures and
1453 requirements of this Subsection (4) to obtain a partial rebate.

1454 (b) Within 90 days of the end of each calendar year, a business entity seeking a partial
1455 rebate shall:
1456 (i) provide the office with documentation of the new state revenues that the business
1457 entity generated during the preceding calendar year; and
1458 (ii) ensure that the documentation includes:
1459 (A) the types of taxes and corresponding amounts of taxes paid directly to the State
1460 Tax Commission; and
1461 (B) the sales taxes paid to Utah vendors and suppliers that were indirectly paid to the
1462 State Tax Commission.
1463 (c) The office shall:
1464 (i) audit or review the documentation for accuracy;
1465 (ii) based upon its analysis of the documentation, determine the amount of partial
1466 rebates that the business entity earned under the agreement; and
1467 (iii) submit to the Division of Finance:
1468 (A) a request for payment of partial rebates to the business entity;
1469 (B) the name and address of the payee; and
1470 (C) any other information requested by the Division of Finance.
1471 (5) Upon receipt of a request for payment of partial rebates from the office, the
1472 Division of Finance shall:
1473 (a) transfer from the General Fund to the restricted account the amount contained in the
1474 request for payment of partial rebates after reducing the amount transferred by any
1475 unencumbered balances in the restricted account; and
1476 (b) notwithstanding Subsections 51-5-3 (23)(b) and 63J-1-104 (3)[(b)](c), after
1477 receiving a request for payment of partial rebates and making the transfer required by
1478 Subsection (5)(a), the Division of Finance shall pay the partial rebates from the account.
1479 Section 28. Section 64-13-21.2 is amended to read:
1480 64-13-21.2. Offender supervision dedicated credits.
1481 All money received from the monthly supervision fee established in Subsection
1482 64-13-21 (3) shall be deposited in the General Fund as a parole and probation dedicated credit
1483 and shall be used to cover costs incurred in the collection of the fee and in the development of
1484 offender supervision programs. [These funds shall be nonlapsing.]

1485 Section 29. Section 72-2-107 is amended to read:
1486 72-2-107. Appropriation from Transportation Fund -- Deposit in class B and
1487 class C roads account.
1488 (1) There is appropriated to the department from the Transportation Fund annually an
1489 amount equal to 30% of an amount which the director of finance shall compute in the
1490 following manner: The total revenue deposited into the Transportation Fund during the fiscal
1491 year from state highway-user taxes and fees, minus:
1492 (a) those amounts appropriated or transferred from the Transportation Fund during the
1493 same fiscal year to:
1494 (i) the Department of Public Safety;
1495 (ii) the State Tax Commission;
1496 (iii) the Division of Finance;
1497 (iv) the Utah Travel Council; and
1498 (v) any other amounts appropriated or transferred for any other state agencies not a part
1499 of the department; and
1500 (b) the amount of sales and use tax revenue deposited in the Transportation Fund in
1501 accordance with Section 59-12-103 .
1502 (2) (a) Except as provided in Subsection (2)(b), all of this money shall be placed in an
1503 account to be known as the class B and class C roads account to be used as provided in this
1504 title.
1505 (b) The director of finance shall annually transfer $500,000 of the amount calculated
1506 under Subsection (1) to the department as [nonlapsing] dedicated credits for the State Park
1507 Access Highways Improvement Program created in Section 72-3-207 .
1508 (3) Each quarter of every year the director of finance shall make the necessary
1509 accounting entries to transfer the money appropriated under this section to the class B and class
1510 C roads account.
1511 (4) The funds in the class B and class C roads account shall be expended under the
1512 direction of the department as the Legislature shall provide.
1513 Section 30. Section 72-2-118 is amended to read:
1514 72-2-118. Centennial Highway Fund Restricted Account.
1515 (1) There is created a restricted account entitled the Centennial Highway Fund

1516 Restricted Account within the Transportation Investment Fund of 2005 created by Section
1517 72-2-124 .
1518 (2) The account consists of monies generated from the following revenue sources:
1519 (a) any voluntary contributions received for the construction, major reconstruction, or
1520 major renovation of state or federal highways;
1521 (b) appropriations made to the fund by the Legislature;
1522 (c) registration fees designated under Subsection 41-1a-1201 [(6)](5)(a); and
1523 (d) the sales and use tax amounts provided for in Section 59-12-103 .
1524 (3) (a) The account shall earn interest.
1525 (b) All interest earned on account monies shall be deposited into the account.
1526 (4) The executive director may use account monies, as prioritized by the Transportation
1527 Commission, only to pay the costs of construction, major reconstruction, or major renovation
1528 to state and federal highways.
1529 (5) When the highway general obligation bonds have been paid off and the highway
1530 projects completed that are intended to be paid from revenues deposited in the account as
1531 determined by the Executive Appropriations Committee under Subsection (6)(d), the Division
1532 of Finance shall transfer any existing balance in the account into the Transportation Investment
1533 Fund of 2005 created by Section 72-2-124 .
1534 (6) (a) The Division of Finance shall monitor the highway general obligation bonds
1535 that are being paid from revenues deposited in the account.
1536 (b) The department shall monitor the highway construction, major reconstruction, or
1537 major renovation projects that are being paid from revenues deposited in the account.
1538 (c) Upon request by the Executive Appropriations Committee of the Legislature:
1539 (i) the Division of Finance shall report to the committee the status of all highway
1540 general obligation bonds that are being paid from revenues deposited in the account; and
1541 (ii) the department shall report to the committee the status of all highway construction,
1542 major reconstruction, or major renovation projects that are being paid from revenues deposited
1543 in the account.
1544 (d) The Executive Appropriations Committee of the Legislature shall notify the State
1545 Tax Commission, the department, and the Division of Finance when:
1546 (i) all highway general obligation bonds that are intended to be paid from revenues

1547 deposited in the account have been paid off; and
1548 (ii) all highway projects that are intended to be paid from revenues deposited in the
1549 account have been completed.
1550 (7) (a) The Division of Finance shall, from funds that are deposited into the Centennial
1551 Highway Fund Restricted Account, transfer into the Transportation Investment Fund of 2005
1552 created by Section 72-2-124 the amount of funds certified by the Transportation Commission
1553 in accordance with Subsection (7)(b) that are not required to pay:
1554 (i) principal, interest, and issuance costs of bonds issued for projects in the Centennial
1555 Highway Program in the current fiscal year; or
1556 (ii) construction or reconstruction costs for projects in the Centennial Highway
1557 Program in the current fiscal year.
1558 (b) The Division of Finance shall transfer the amount under Subsection (7)(a) when the
1559 Division of Finance receives a written letter from the Transportation Commission certifying the
1560 amount of funds available under Subsection (7)(a).
1561 Section 31. Section 72-2-124 is amended to read:
1562 72-2-124. Transportation Investment Fund of 2005.
1563 (1) There is created a special revenue fund entitled the Transportation Investment Fund
1564 of 2005.
1565 (2) The fund consists of monies generated from the following sources:
1566 (a) any voluntary contributions received for the maintenance, construction,
1567 reconstruction, or renovation of state and federal highways;
1568 (b) appropriations made to the fund by the Legislature;
1569 (c) the sales and use tax revenues deposited into the fund in accordance with Section
1570 59-12-103 ; and
1571 (d) registration fees designated under Subsection 41-1a-1201 [(7)](6).
1572 (3) When the highway general obligation bonds have been paid off and the highway
1573 projects completed that are intended to be paid from revenues deposited in the Centennial
1574 Highway Fund Restricted Account as determined by the Executive Appropriations Committee
1575 under Subsection 72-2-118 (6)(d), the fund shall also consist of monies generated from the
1576 following sources:
1577 (a) registration fees designated under Subsection 41-1a-1201 [(6)](5)(a); and

1578 (b) the sales and use tax amounts provided for in Section 59-12-103 .
1579 (4) (a) The fund shall earn interest.
1580 (b) All interest earned on fund monies shall be deposited into the fund.
1581 (5) (a) Except as provided in Subsection (5)(b), the executive director may use fund
1582 monies only to pay:
1583 (i) the costs of maintenance, construction, reconstruction, or renovation to state and
1584 federal highways prioritized by the Transportation Commission through the prioritization
1585 process for new transportation capacity projects adopted under Section 72-1-304 ;
1586 (ii) the costs of maintenance, construction, reconstruction, or renovation to the highway
1587 projects described in Subsection 63B-18-401 (2); and
1588 (iii) principal, interest, and issuance costs of bonds authorized by Section 63B-18-401 .
1589 (b) The executive director may use fund monies to exchange for an equal or greater
1590 amount of federal transportation funds to be used as provided in Subsection (5)(a).
1591 (6) (a) Before bonds authorized by Section 63B-18-401 may be issued in any fiscal
1592 year, the department and the commission shall appear before the Executive Appropriations
1593 Committee of the Legislature and present the amount of bond proceeds that the department
1594 needs to provide funding for the projects identified in Subsection 63B-18-401 (2) for the next
1595 fiscal year.
1596 (b) The Executive Appropriations Committee of the Legislature shall review and
1597 comment on the amount of bond proceeds needed to fund the projects.
1598 (7) The Division of Finance shall, from monies deposited into the fund, transfer the
1599 amount of funds necessary to pay principal, interest, and issuance costs of bonds authorized by
1600 Section 63B-18-401 in the current fiscal year to the appropriate debt service or sinking fund.
1601 Section 32. Section 72-3-207 is amended to read:
1602 72-3-207. State Park Access Highways Improvement Program -- Distribution --
1603 Rulemaking.
1604 (1) There is created the State Park Access Highways Improvement Program within the
1605 department.
1606 (2) The program shall be funded from the following revenue sources:
1607 (a) any voluntary contributions received for improvements to state park access
1608 highways; and

1609 (b) appropriations made to the program by the Legislature.
1610 (3) The department may use the program monies as matching grants to a county or
1611 municipality for the improvement of class B or class C roads specified as state park access
1612 highways under this part subject to:
1613 (a) monies available in the program;
1614 (b) prioritization of the program monies by the commission;
1615 (c) a county or municipality providing at least 50% of the cost of each improvement
1616 project in matching funds; and
1617 (d) rules made under Subsection (4).
1618 (4) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
1619 Administrative Rulemaking Act, necessary to administer the program and to establish the
1620 procedures for a county or municipality to apply for a grant of program monies.
1621 [(5) All appropriations made to the program by the Legislature are nonlapsing.]
1622 [(6)] (5) The department shall commit funds for state park access highway projects for
1623 the amount of funding currently programmed in a funded year in the 2007 Statewide
1624 Transportation Improvement Program.
1625 Section 33. Section 73-18-25 is amended to read:
1626 73-18-25. Fees to cover the costs of electronic payments.
1627 (1) As used in this section:
1628 (a) "Electronic payment" has the same meaning as defined in Section 41-1a-1221 .
1629 (b) "Electronic payment fee" has the same meaning as defined in Section 41-1a-1221 .
1630 (2) (a) The Motor Vehicle Division may collect an electronic payment fee on all
1631 registrations and renewals of registration under Section 73-18-7 .
1632 (b) The fee described under Subsection (2)(a) shall be imposed regardless of the
1633 method of payment for a particular transaction.
1634 (3) The Motor Vehicle Division shall establish the fee according to the procedures and
1635 requirements of Section 63J-1-504 .
1636 (4) A fee imposed under this section:
1637 (a) shall be used by the Motor Vehicle Division as a dedicated credit to cover the costs
1638 of electronic payments;
1639 [(b) is nonlapsing;]

1640 [(c)] (b) is not subject to Subsection 63J-2-202 (2); and
1641 [(d)] (c) need not be separately identified from the fees imposed on registrations and
1642 renewals of registration under Section 73-18-7 .
1643 Section 34. Section 78A-9-102 is amended to read:
1644 78A-9-102. Fees for certificate of admission.
1645 The appellate courts shall receive a $50 fee for a certificate of admission as attorney
1646 and counselor, $30 of which shall be [retained] distributed by the state treasurer to the Judicial
1647 Counsel as a dedicated credit for the benefit of the State Law Library[, to be expended by the
1648 Judicial Council].
1649 Section 35. Section 78B-1-146 is amended to read:
1650 78B-1-146. Witnesses -- Interpreters -- Subpoena -- Contempt -- Costs.
1651 (1) When a witness does not understand and speak the English language, an interpreter
1652 shall be sworn in to interpret. Any person may be subpoenaed by any court or judge to appear
1653 before the court or judge to act as an interpreter in any action or proceeding. Any person so
1654 subpoenaed who fails to attend at the time and place named is guilty of a contempt.
1655 (2) The Judicial Council may establish a fee for the issuance and renewal of a license
1656 of a certified court interpreter. Any fee established under this section shall be deposited as a
1657 [nonlapsing] dedicated credit to the Judicial Council.
1658 (3) If the court appoints an interpreter, the court may assess all or part of the fees and
1659 costs of the interpreter against the person for whom the service is provided. The court may not
1660 assess interpreter fees or costs against a person found to be impecunious.
1661 Section 36. Section 79-4-403 is amended to read:
1662 79-4-403. User fees for golf -- Wasatch Mountain, Palisade, and Jordan River
1663 State Parks.
1664 (1) The following user fees are assessed in the following parks for playing nine holes
1665 of golf:
1666 (a) $1.50 at Wasatch Mountain State Park;
1667 (b) $1.50 at Palisade State Park; and
1668 (c) $1.50 at Green River State Park.
1669 (2) The fee in Subsection (1) is:
1670 (a) in addition to the fee set by the board; and

1671 (b) to be used at the park where the money is collected for:
1672 (i) the upgrade or development of facilities; or
1673 (ii) the purchase of golf course operation and maintenance equipment.
1674 [(3) The revenue from the fees established in Subsection (1) are nonlapsing.]
1675 Section 37. Section 79-4-1001 is amended to read:
1676 79-4-1001. Purchase, trade, sale, or disposal of buffalo -- Proceeds.
1677 (1) In accordance with a plan, approved by the board, to manage buffalo herds on
1678 Antelope Island, the division may purchase, trade, sell, or dispose of buffalo obtained from
1679 Antelope Island through:
1680 (a) competitive bidding; or
1681 (b) a means as established by rule.
1682 (2) Proceeds received from the sale or disposal of buffalo under this section shall be
1683 deposited as follows:
1684 (a) the first $75,000 shall accrue to the division for the management of Antelope Island
1685 buffalo herds as [nonlapsing] dedicated credits; and
1686 (b) proceeds in excess of $75,000 shall be deposited in the State Park Fees Restricted
1687 Account created under Section 79-4-402 .
1687a H. Section 38. Effective date.
1687b This bill takes effect on July 1, 2010.
1687c Section 39. Coordinating H.B. 353 with S.B. 167 -- Merging conforming and
1687d substantive amendments.
1687e If this H.B. 353 and S.B. 167, Alcoholic Beverage Control Act Recodification, both pass,
1687f it is the intent of the Legislature that the Office of Legislative Research and General Counsel,
1687g in preparing the Utah Code database for publication:
1687h (1) modify Subsection 32B-2-405(3) to read:
1687i "(3) The State Tax Commission shall notify the advisory council of the balance
1687j of any undistributed money after the annual distribution under Subsection 32B-2-404(5).";
1687k and
1687l (2) modify Subsection 32B-2-405(4)(a) to read:
1687m "(4) (a) Subject to the requirements of this Subsection (4), the advisory council
1687n shall award the balance of undistributed money under Subsection (3):
1687o (i) as prioritized by majority vote of the advisory council; and
1687p (ii) as grants to:

1687q (A) a county;

1687r (B) a municipality;
1687s (C) the department;
1687t (D) the Department of Human Services;
1687u (E) the Department of Public Safety; or
1687v (F) the Utah State Office of Education." .H




Legislative Review Note
as of 3-3-10 10:29 AM

Office of Legislative Research and General Counsel