S.B. 48 Enrolled

1

Corrected Version

2 NONLAPSING AUTHORITY TECHNICAL AMENDMENTS
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Ralph Okerlund
6 House Sponsor: Julie Fisher
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Budgetary Procedures Act to reorganize the list of nonlapsing
11 funds.
12 Highlighted Provisions:
13 This bill:
14 . makes technical and organizational modifications to the Budgetary Procedures
15 Act's list of nonlapsing funds; and
16 . deletes references to nonlapsing funds that have been repealed in previous
17 legislation.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 This bill provides revisor instructions.
22 This bill coordinates with H.B. 39, Insurance Related Amendments, by providing
23 conforming amendments.
24 Utah Code Sections Affected:
25 AMENDS:
26 63J-1-602, as enacted by Laws of Utah 2009, Chapter 368
27 ENACTS:
28 63J-1-602.1, Utah Code Annotated 1953
29 63J-1-602.2, Utah Code Annotated 1953

30 63J-1-602.3, Utah Code Annotated 1953
31 63J-1-602.4, Utah Code Annotated 1953
32 63J-1-602.5, Utah Code Annotated 1953
33 Utah Code Sections Affected by Coordination Clause:
34 31A-3-104, as last amended by Laws of Utah 2006, Chapter 117
35 31A-3-105, Utah Code Annotated 1953
36 31A-3-304, as last amended by Laws of Utah 2009, Chapters 183 and 183
37 31A-23a-415, as last amended by Laws of Utah 2007, Chapter 325
38 63J-1-602, as enacted by Laws of Utah 2009, Chapter 368
39 63J-1-602.2, Utah Code Annotated 1953
40
41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 63J-1-602 is amended to read:
43 63J-1-602. Nonlapsing accounts and funds.
44 (1) The [following] revenue collections, appropriations from a fund or account, and
45 appropriations to a program that are listed in Sections 63J-1-602.1 through 63J-1-602.5 are
46 nonlapsing[:].
47 [(a) appropriations made to the Legislature and its committees;]
48 [(b) funds collected by the grain grading program, as provided in Section 4-2-2 ;]
49 [(c) the Salinity Offset Fund created in Section 4-2-8.5 ;]
50 [(d) the Invasive Species Mitigation Fund created in Section 4-2-8.7 ;]
51 [(e) funds collected by pesticide dealer license registration fees, as provided in Section
52 4-14-3 ;]
53 [(f) funds collected by pesticide applicator business registration fees, as provided in
54 Section 4-14-13 ;]
55 [(g) the Rangeland Improvement Fund created in Section 4-20-2 ;]
56 [(h) funds deposited as dedicated credits under the Insect Infestation Emergency
57 Control Act, as provided in Section 4-35-6 ;]

58 [(i) the Percent-for-Art Program created in Section 9-6-404 ;]
59 [(j) the Centennial History Fund created in Section 9-8-604 ;]
60 [(k) the Uintah Basin Revitalization Fund, as provided in Section 9-10-108 ;]
61 [(l) the Navajo Revitalization Fund created in Section 9-11-104 ;]
62 [(m) the LeRay McAllister Critical Land Conservation Program created in Section
63 11-38-301 ;]
64 [(n) the Clean Fuels and Vehicle Technology Fund created in Section 19-1-403 ;]
65 [(o) fees deposited as dedicated credits for hazardous waste plan reviews, as provided
66 in Section 19-6-120 ;]
67 [(p) an appropriation made to the Division of Wildlife Resources for the appraisal and
68 purchase of lands under the Pelican Management Act, as provided in Section 23-21a-6 ;]
69 [(q) award monies under the Crime Reduction Assistance Program, as provided under
70 Section 24-1-19 ;]
71 [(r) funds collected from the emergency medical services grant program, as provided
72 in Section 26-8a-207 ;]
73 [(s) fees and other funding available to purchase training equipment and to administer
74 tests and conduct quality assurance reviews, as provided in Section 26-8a-208 ;]
75 [(t) funds collected as a result of a sanction under Section 1919 of Title XIX of the
76 federal Social Security Act, as provided in Section 26-18-3 ;]
77 [(u) the Utah Health Care Workforce Financial Assistance Program created in Section
78 26-46-102 ;]
79 [(v) monies collected from subscription fees for publications prepared or distributed
80 by the insurance commissioner, as provided in Section 31A-2-208 ;]
81 [(w) monies received by the Insurance Department for administering, investigating
82 under, and enforcing the Insurance Fraud Act, as provided in Section 31A-31-108 ;]
83 [(x) certain monies received for penalties paid under the Insurance Fraud Act, as
84 provided in Section 31A-31-109 ;]
85 [(y) the fund for operating the state's Federal Health Care Tax Credit Program, as

86 provided in Section 31A-38-104 ;]
87 [(z) certain funds in the Department of Workforce Services' program for the education,
88 training, and transitional counseling of displaced homemakers, as provided in Section
89 35A-3-114 ;]
90 [(aa) the Employment Security Administration Fund created in Section 35A-4-505 ;]
91 [(bb) the Special Administrative Expense Fund created in Section 35A-4-506 ;]
92 [(cc) funding for a new program or agency that is designated as nonlapsing under
93 Section 36-24-101 ;]
94 [(dd) the Oil and Gas Conservation Account created in Section 40-6-14.5 ;]
95 [(ee) funds available to the State Tax Commission for purchase and distribution of
96 license plates and decals, as provided in Section 41-1a-1201 ;]
97 [(ff) certain fees for the cost of electronic payments under the Motor Vehicle Act, as
98 provided in Section 41-1a-1221 ;]
99 [(gg) certain fees collected for administering and enforcing the Motor Vehicle
100 Business Regulation Act, as provided in Section 41-3-601 ;]
101 [(hh) certain fees for the cost of electronic payments under the Motor Vehicle
102 Business Regulation Act, as provided in Section 41-3-604 ;]
103 [(ii) the Off-Highway Access and Education Restricted Account created in Section
104 41-22-19.5 ;]
105 [(jj) certain fees for the cost of electronic payments under the Motor Vehicle Act, as
106 provided in Section 41-22-36 ;]
107 [(kk) monies collected under the Notaries Public Reform Act, as provided under
108 46-1-23 ;]
109 [(ll) certain funds associated with the Law Enforcement Operations Account, as
110 provided in Section 51-9-411 ;]
111 [(mm) the Public Safety Honoring Heroes Restricted Account created in Section
112 53-1-118 ;]
113 [(nn) funding for the Search and Rescue Financial Assistance Program, as provided in

114 Section 53-2-107 ;]
115 [(oo) appropriations made to the Department of Public Safety from the Department of
116 Public Safety Restricted Account, as provided in Section 53-3-106 ;]
117 [(pp) appropriations to the Motorcycle Rider Education Program, as provided in
118 Section 53-3-905 ;]
119 [(qq) fees collected by the State Fire Marshal Division under the Utah Fire Prevention
120 and Safety Act, as provided in Section 53-7-314 ;]
121 [(rr) the DNA Specimen Restricted Account created in Section 53-10-407 ;]
122 [(ss) the minimum school program, as provided in Section 53A-17a-105 ;]
123 [(tt) certain funds appropriated from the Uniform School Fund to the State Board of
124 Education for new teacher bonus and performance-based compensation plans, as provided in
125 Section 53A-17a-148 ;]
126 [(uu) certain funds appropriated from the Uniform School Fund to the State Board of
127 Education for implementation of proposals to improve mathematics achievement test scores,
128 as provided in Section 53A-17a-152 ;]
129 [(vv) the School Building Revolving Account created in Section 53A-21-401 ;]
130 [(ww) monies received by the State Office of Rehabilitation for the sale of certain
131 products or services, as provided in Section 53A-24-105 ;]
132 [(xx) the State Board of Regents, as provided in Section 53B-6-104 ;]
133 [(yy) certain funds appropriated from the General Fund to the State Board of Regents
134 for teacher preparation programs, as provided in Section 53B-6-104 ;]
135 [(zz) a certain portion of monies collected for administrative costs under the School
136 Institutional Trust Lands Management Act, as provided under Section 53C-3-202 ;]
137 [(aaa) certain surcharges on residence and business telecommunications access lines
138 imposed by the Public Service Commission, as provided in Section 54-8b-10 ;]
139 [(bbb) certain fines collected by the Division of Occupational and Professional
140 Licensing for violation of unlawful or unprofessional conduct that are used for education and
141 enforcement purposes, as provided in Section 58-17b-505 ;]

142 [(ccc) the Nurse Education and Enforcement Fund created in Section 58-31b-103 ;]
143 [(ddd) funding of the controlled substance database, as provided in Section
144 58-37-7.7 ;]
145 [(eee) the Certified Nurse Midwife Education and Enforcement Fund created in
146 Section 58-44a-103 ;]
147 [(fff) funding for the building inspector's education program, as provided in Section
148 58-56-9 ;]
149 [(ggg) certain fines collected by the Division of Occupational and Professional
150 Licensing for use in education and enforcement of the Security Personnel Licensing Act, as
151 provided in Section 58-63-103 ;]
152 [(hhh) the Professional Geologist Education and Enforcement Fund created in Section
153 58-76-103 ;]
154 [(iii) certain monies in the Water Resources Conservation and Development Fund, as
155 provided in Section 59-12-103 ;]
156 [(jjj) funds paid to the Division of Real Estate for the cost of a criminal background
157 check for broker and sales agent licenses, as provided in Section 61-2-9 ;]
158 [(kkk) the Utah Housing Opportunity Restricted Account created in Section 61-2-28 ;]
159 [(lll) funds paid to the Division of Real Estate for the cost of a criminal background
160 check for a mortgage loan license, as provided in Section 61-2c-202 ;]
161 [(mmm) funds paid to the Division of Real Estate in relation to examination of records
162 in an investigation, as provided in Section 61-2c-401 ;]
163 [(nnn) certain funds donated to the Department of Human Services, as provided in
164 Section 62A-1-111 ;]
165 [(ooo) certain funds donated to the Division of Child and Family Services, as provided
166 in Section 62A-4a-110 ;]
167 [(ppp) the Mental Health Therapist Grant and Scholarship Program, as provided in
168 Section 62A-13-109 ;]
169 [(qqq) assessments for DUI violations that are forwarded to an account created by a

170 county treasurer, as provided in Section 62A-15-503 ;]
171 [(rrr) appropriations to the Division of Services for People with Disabilities, as
172 provided in Section 62A-5-102 ;]
173 [(sss) certain donations to the Division of Substance Abuse and Mental Health, as
174 provided in Section 62A-15-103 ;]
175 [(ttt) certain funds received by the Division of Parks and Recreation from the sale or
176 disposal of buffalo, as provided under Section 63-11-19.2 ;]
177 [(uuu) revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
178 Park, or Jordan River State Park, as provided under Section 63-11-19.5 ;]
179 [(vvv) revenue for golf user fees at the Green River State Park, as provided under
180 Section 63-11-19.6 ;]
181 [(www) the Centennial Nonmotorized Paths and Trail Crossings Program created
182 under Section 63-11a-503 ;]
183 [(xxx) the Bonneville Shoreline Trail Program created under Section 63-11a-504 ;]
184 [(yyy) the account for the Utah Geological Survey, as provided in Section 63-73-10 ;]
185 [(zzz) the Risk Management Fund created under Section 63A-4-201 ;]
186 [(aaaa) the Child Welfare Parental Defense Fund created in Section 63A-11-203 ;]
187 [(bbbb) the Constitutional Defense Restricted Account created in Section 63C-4-103 ;]
188 [(cccc) a portion of the funds appropriated to the Utah Seismic Safety Commission, as
189 provided in Section 63C-6-104 ;]
190 [(dddd) funding for the Medical Education Program administered by the Medical
191 Education Council, as provided in Section 63C-8-102 ;]
192 [(eeee) certain monies payable for commission expenses of the Pete Suazo Utah
193 Athletic Commission, as provided under Section 63C-11-301 ;]
194 [(ffff) funds collected for publishing the Division of Administrative Rules'
195 publications, as provided in Section 63G-3-402 ;]
196 [(gggg) the appropriation to fund the Governor's Office of Economic Development's
197 Enterprise Zone Act, as provided in Section 63M-1-416 ;]

198 [(hhhh) the Tourism Marketing Performance Account, as provided in Section
199 63M-1-1406 ;]
200 [(iiii) certain funding for rural development provided to the Office of Rural
201 Development in the Governor's Office of Economic Development, as provided in Section
202 63M-1-1604 ;]
203 [(jjjj) certain monies in the Development for Disadvantaged Rural Communities
204 Restricted Account, as provided in Section 63M-1-2003 ;]
205 [(kkkk) appropriations to the Utah Science Technology and Research Governing
206 Authority, created under Section 63M-2-301 , as provided under Section 63M-3-302 ;]
207 [(llll) certain monies in the Rural Broadband Service Fund, as provided in Section
208 63M-1-2303 ;]
209 [(mmmm) funds collected from monthly offender supervision fees, as provided in
210 Section 64-13-21.2 ;]
211 [(nnnn) funds collected by the housing of state probationary inmates or state parole
212 inmates, as provided in Subsection 64-13e-104 (2);]
213 [(oooo) the Sovereign Lands Management account created in Section 65A-5-1 ;]
214 [(pppp) certain forestry and fire control funds utilized by the Division of Forestry,
215 Fire, and State Lands, as provided in Section 65A-8-103 ;]
216 [(qqqq) the Department of Human Resource Management user training program, as
217 provided in Section 67-19-6 ;]
218 [(rrrr) funds for the University of Utah Poison Control Center program, as provided in
219 Section 69-2-5.5 ;]
220 [(ssss) appropriations to the Transportation Corridor Preservation Revolving Loan
221 Fund, as provided in Section 72-2-117 ;]
222 [(tttt) appropriations to the Local Transportation Corridor Preservation Fund, as
223 provided in Section 72-2-117.5 ;]
224 [(uuuu) appropriations to the Tollway Restricted Special Revenue Fund, as provided
225 in Section 77-2-120 ;]

226 [(vvvv) appropriations to the Aeronautics Construction Revolving Loan Fund, as
227 provided in Section 77-2-122 ;]
228 [(wwww) appropriations to the State Park Access Highways Improvement Program, as
229 provided in Section 72-3-207 ;]
230 [(xxxx) the Traffic Noise Abatement Program created in Section 72-6-112 ;]
231 [(yyyy) certain funds received by the Office of the State Engineer for well drilling
232 fines or bonds, as provided in Section 73-3-25 ;]
233 [(zzzz) certain monies appropriated to increase the carrying capacity of the Jordan
234 River that are transferred to the Division of Parks and Recreation, as provided in Section
235 73-10e-1 ;]
236 [(aaaaa) certain fees for the cost of electronic payments under the State Boating Act,
237 as provided in Section 73-18-25 ;]
238 [(bbbbb) certain monies appropriated from the Water Resources Conservation and
239 Development Fund, as provided in Section 73-23-2 ;]
240 [(ccccc) the Lake Powell Pipeline Project Operation and Maintenance Fund created in
241 Section 73-28-404 ;]
242 [(ddddd) certain funds in the Water Development and Flood Mitigation Reserve
243 Account, as provided in Section 73-103-1 ;]
244 [(eeeee) certain funds appropriated for compensation for special prosecutors, as
245 provided in Section 77-10a-19 ;]
246 [(fffff) the Indigent Aggravated Murder Defense Trust Fund created in Section
247 77-32-601 ;]
248 [(ggggg) the Indigent Felony Defense Trust Fund created in Section 77-32-701 ;]
249 [(hhhhh) funds donated or paid to a juvenile court by private sources, as provided in
250 Subsection 78A-6-203 (c);]
251 [(iiiii) a state rehabilitative employment program, as provided in Section 78A-6-210 ;
252 and]
253 [(jjjjj) fees from the issuance and renewal of licenses for certified court interpreters, as

254 provided in Section 78B-1-146 .]
255 (2) No revenue collection, appropriation from a fund or account, or appropriation to a
256 program may be treated as nonlapsing unless:
257 (a) it is [expressly referenced by this section] listed in Sections 63J-1-602.1 through
258 63J-1-602.5 ;
259 (b) it is designated in a condition of appropriation in the appropriations bill; or
260 (c) nonlapsing authority is granted under Section 63J-1-603 .
261 (3) Each legislative appropriations subcommittee shall review the accounts and funds
262 that have been granted nonlapsing authority under the provisions of this section or Section
263 63J-1-603 .
264 Section 2. Section 63J-1-602.1 is enacted to read:
265 63J-1-602.1. List of nonlapsing accounts and funds -- General authority and Title
266 1 through Title 30.
267 (1) Appropriations made to the Legislature and its committees.
268 (2) Funds collected by the grain grading program, as provided in Section 4-2-2 .
269 (3) The Salinity Offset Fund created in Section 4-2-8.5 .
270 (4) The Invasive Species Mitigation Fund created in Section 4-2-8.7 .
271 (5) Funds collected by pesticide dealer license registration fees, as provided in Section
272 4-14-3 .
273 (6) Funds collected by pesticide applicator business registration fees, as provided in
274 Section 4-14-13 .
275 (7) The Rangeland Improvement Fund created in Section 4-20-2 .
276 (8) Funds deposited as dedicated credits under the Insect Infestation Emergency
277 Control Act, as provided in Section 4-35-6 .
278 (9) The Percent-for-Art Program created in Section 9-6-404 .
279 (10) The Centennial History Fund created in Section 9-8-604 .
280 (11) The Uintah Basin Revitalization Fund, as provided in Section 9-10-108 .
281 (12) The Navajo Revitalization Fund created in Section 9-11-104 .

282 (13) The LeRay McAllister Critical Land Conservation Program created in Section
283 11-38-301 .
284 (14) The Clean Fuels and Vehicle Technology Fund created in Section 19-1-403 .
285 (15) Fees deposited as dedicated credits for hazardous waste plan reviews, as provided
286 in Section 19-6-120 .
287 (16) An appropriation made to the Division of Wildlife Resources for the appraisal
288 and purchase of lands under the Pelican Management Act, as provided in Section 23-21a-6 .
289 (17) Award monies under the Crime Reduction Assistance Program, as provided under
290 Section 24-1-19 .
291 (18) Funds collected from the emergency medical services grant program, as provided
292 in Section 26-8a-207 .
293 (19) Fees and other funding available to purchase training equipment and to
294 administer tests and conduct quality assurance reviews, as provided in Section 26-8a-208 .
295 (20) Funds collected as a result of a sanction under Section 1919 of Title XIX of the
296 federal Social Security Act, as provided in Section 26-18-3 .
297 (21) The Utah Health Care Workforce Financial Assistance Program created in
298 Section 26-46-102 .
299 Section 3. Section 63J-1-602.2 is enacted to read:
300 63J-1-602.2. List of nonlapsing funds and accounts -- Title 31 through Title 45.
301 (1) Monies collected from subscription fees for publications prepared or distributed by
302 the insurance commissioner, as provided in Section 31A-2-208 .
303 (2) Monies received by the Insurance Department for administering, investigating
304 under, and enforcing the Insurance Fraud Act, as provided in Section 31A-31-108 .
305 (3) Certain monies received for penalties paid under the Insurance Fraud Act, as
306 provided in Section 31A-31-109 .
307 (4) The fund for operating the state's Federal Health Care Tax Credit Program, as
308 provided in Section 31A-38-104 .
309 (5) Certain funds in the Department of Workforce Services' program for the education,

310 training, and transitional counseling of displaced homemakers, as provided in Section
311 35A-3-114 .
312 (6) The Employment Security Administration Fund created in Section 35A-4-505 .
313 (7) The Special Administrative Expense Fund created in Section 35A-4-506 .
314 (8) Funding for a new program or agency that is designated as nonlapsing under
315 Section 36-24-101 .
316 (9) The Oil and Gas Conservation Account created in Section 40-6-14.5 .
317 (10) Funds available to the State Tax Commission for purchase and distribution of
318 license plates and decals, as provided in Section 41-1a-1201 .
319 (11) Certain fees for the cost of electronic payments under the Motor Vehicle Act, as
320 provided in Section 41-1a-1221 .
321 (12) Certain fees collected for administering and enforcing the Motor Vehicle
322 Business Regulation Act, as provided in Section 41-3-601 .
323 (13) Certain fees for the cost of electronic payments under the Motor Vehicle Business
324 Regulation Act, as provided in Section 41-3-604 .
325 (14) The Off-Highway Access and Education Restricted Account created in Section
326 41-22-19.5 .
327 (15) Certain fees for the cost of electronic payments under the Motor Vehicle Act, as
328 provided in Section 41-22-36 .
329 Section 4. Section 63J-1-602.3 is enacted to read:
330 63J-1-602.3. List of nonlapsing funds and accounts -- Title 46 through Title 60.
331 (1) Monies collected under the Notaries Public Reform Act, as provided under
332 46-1-23 .
333 (2) Certain funds associated with the Law Enforcement Operations Account, as
334 provided in Section 51-9-411 .
335 (3) The Public Safety Honoring Heroes Restricted Account created in Section
336 53-1-118 .
337 (4) Funding for the Search and Rescue Financial Assistance Program, as provided in

338 Section 53-2-107 .
339 (5) Appropriations made to the Department of Public Safety from the Department of
340 Public Safety Restricted Account, as provided in Section 53-3-106 .
341 (6) Appropriations to the Motorcycle Rider Education Program, as provided in Section
342 53-3-905 .
343 (7) Fees collected by the State Fire Marshal Division under the Utah Fire Prevention
344 and Safety Act, as provided in Section 53-7-314 .
345 (8) The DNA Specimen Restricted Account created in Section 53-10-407 .
346 (9) The minimum school program, as provided in Section 53A-17a-105 .
347 (10) Certain funds appropriated from the Uniform School Fund to the State Board of
348 Education for new teacher bonus and performance-based compensation plans, as provided in
349 Section 53A-17a-148 .
350 (11) Certain funds appropriated from the Uniform School Fund to the State Board of
351 Education for implementation of proposals to improve mathematics achievement test scores,
352 as provided in Section 53A-17a-152 .
353 (12) The School Building Revolving Account created in Section 53A-21-401 .
354 (13) Monies received by the State Office of Rehabilitation for the sale of certain
355 products or services, as provided in Section 53A-24-105 .
356 (14) The State Board of Regents, as provided in Section 53B-6-104 .
357 (15) Certain funds appropriated from the General Fund to the State Board of Regents
358 for teacher preparation programs, as provided in Section 53B-6-104 .
359 (16) A certain portion of monies collected for administrative costs under the School
360 Institutional Trust Lands Management Act, as provided under Section 53C-3-202 .
361 (17) Certain surcharges on residence and business telecommunications access lines
362 imposed by the Public Service Commission, as provided in Section 54-8b-10 .
363 (18) Certain fines collected by the Division of Occupational and Professional
364 Licensing for violation of unlawful or unprofessional conduct that are used for education and
365 enforcement purposes, as provided in Section 58-17b-505 .

366 (19) The Nurse Education and Enforcement Fund created in Section 58-31b-103 .
367 (20) Funding of the controlled substance database, as provided in Section 58-37f-502 .
368 (21) The Certified Nurse Midwife Education and Enforcement Fund created in Section
369 58-44a-103 .
370 (22) Funding for the building inspector's education program, as provided in Section
371 58-56-9 .
372 (23) Certain fines collected by the Division of Occupational and Professional
373 Licensing for use in education and enforcement of the Security Personnel Licensing Act, as
374 provided in Section 58-63-103 .
375 (24) The Professional Geologist Education and Enforcement Fund created in Section
376 58-76-103 .
377 (25) Certain monies in the Water Resources Conservation and Development Fund, as
378 provided in Section 59-12-103 .
379 Section 5. Section 63J-1-602.4 is enacted to read:
380 63J-1-602.4. List of nonlapsing funds and accounts -- Title 61 through Title 63.
381 (1) Funds paid to the Division of Real Estate for the cost of a criminal background
382 check for broker and sales agent licenses, as provided in Section 61-2-9 .
383 (2) The Utah Housing Opportunity Restricted Account created in Section 61-2-28 .
384 (3) Funds paid to the Division of Real Estate for the cost of a criminal background
385 check for a mortgage loan license, as provided in Section 61-2c-202 .
386 (4) Funds paid to the Division of Real Estate in relation to examination of records in
387 an investigation, as provided in Section 61-2c-401 .
388 (5) Certain funds donated to the Department of Human Services, as provided in
389 Section 62A-1-111 .
390 (6) Certain funds donated to the Division of Child and Family Services, as provided in
391 Section 62A-4a-110 .
392 (7) Assessments for DUI violations that are forwarded to an account created by a
393 county treasurer, as provided in Section 62A-15-503 .

394 (8) Appropriations to the Division of Services for People with Disabilities, as provided
395 in Section 62A-5-102 .
396 (9) Certain donations to the Division of Substance Abuse and Mental Health, as
397 provided in Section 62A-15-103 .
398 (10) The Risk Management Fund created under Section 63A-4-201 .
399 (11) The Child Welfare Parental Defense Fund created in Section 63A-11-203 .
400 (12) The Constitutional Defense Restricted Account created in Section 63C-4-103 .
401 (13) A portion of the funds appropriated to the Utah Seismic Safety Commission, as
402 provided in Section 63C-6-104 .
403 (14) Funding for the Medical Education Program administered by the Medical
404 Education Council, as provided in Section 63C-8-102 .
405 (15) Certain monies payable for commission expenses of the Pete Suazo Utah Athletic
406 Commission, as provided under Section 63C-11-301 .
407 (16) Funds collected for publishing the Division of Administrative Rules' publications,
408 as provided in Section 63G-3-402 .
409 (17) The appropriation to fund the Governor's Office of Economic Development's
410 Enterprise Zone Act, as provided in Section 63M-1-416 .
411 (18) The Tourism Marketing Performance Account, as provided in Section
412 63M-1-1406 .
413 (19) Certain funding for rural development provided to the Office of Rural
414 Development in the Governor's Office of Economic Development, as provided in Section
415 63M-1-1604 .
416 (20) Certain monies in the Development for Disadvantaged Rural Communities
417 Restricted Account, as provided in Section 63M-1-2003 .
418 (21) Appropriations to the Utah Science Technology and Research Governing
419 Authority, created under Section 63M-2-301 , as provided under Section 63M-2-302 .
420 (22) Certain monies in the Rural Broadband Service Fund, as provided in Section
421 63M-1-2303 .

422 Section 6. Section 63J-1-602.5 is enacted to read:
423 63J-1-602.5. List of nonlapsing funds and accounts -- Title 64 and thereafter.
424 (1) Funds collected from monthly offender supervision fees, as provided in Section
425 64-13-21.2 .
426 (2) Funds collected by the housing of state probationary inmates or state parole
427 inmates, as provided in Subsection 64-13e-104 (2).
428 (3) The Sovereign Lands Management account created in Section 65A-5-1 .
429 (4) Certain forestry and fire control funds utilized by the Division of Forestry, Fire,
430 and State Lands, as provided in Section 65A-8-103 .
431 (5) The Department of Human Resource Management user training program, as
432 provided in Section 67-19-6 .
433 (6) Funds for the University of Utah Poison Control Center program, as provided in
434 Section 69-2-5.5 .
435 (7) Appropriations to the Transportation Corridor Preservation Revolving Loan Fund,
436 as provided in Section 72-2-117 .
437 (8) Appropriations to the Local Transportation Corridor Preservation Fund, as
438 provided in Section 72-2-117.5 .
439 (9) Appropriations to the State Park Access Highways Improvement Program, as
440 provided in Section 72-3-207 .
441 (10) The Traffic Noise Abatement Program created in Section 72-6-112 .
442 (11) Certain funds received by the Office of the State Engineer for well drilling fines
443 or bonds, as provided in Section 73-3-25 .
444 (12) Certain monies appropriated to increase the carrying capacity of the Jordan River
445 that are transferred to the Division of Parks and Recreation, as provided in Section 73-10e-1 .
446 (13) Certain fees for the cost of electronic payments under the State Boating Act, as
447 provided in Section 73-18-25 .
448 (14) Certain monies appropriated from the Water Resources Conservation and
449 Development Fund, as provided in Section 73-23-2 .

450 (15) The Lake Powell Pipeline Project Operation and Maintenance Fund created in
451 Section 73-28-404 .
452 (16) Certain funds in the Water Development and Flood Mitigation Reserve Account,
453 as provided in Section 73-103-1 .
454 (17) Appropriations to the Tollway Restricted Special Revenue Fund, as provided in
455 Section 77-2-120 .
456 (18) Appropriations to the Aeronautics Construction Revolving Loan Fund, as
457 provided in Section 77-2-122 .
458 (19) Certain funds appropriated for compensation for special prosecutors, as provided
459 in Section 77-10a-19 .
460 (20) The Indigent Aggravated Murder Defense Trust Fund created in Section
461 77-32-601 .
462 (21) The Indigent Felony Defense Trust Fund created in Section 77-32-701 .
463 (22) Funds donated or paid to a juvenile court by private sources, as provided in
464 Subsection 78A-6-203 (1)(c).
465 (23) A state rehabilitative employment program, as provided in Section 78A-6-210 .
466 (24) Fees from the issuance and renewal of licenses for certified court interpreters, as
467 provided in Section 78B-1-146 .
468 (25) The account for the Utah Geological Survey, as provided in Section 79-3-401 .
469 (26) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
470 Park, Jordan River State Park, and Green River State Park, as provided under Section
471 79-4-403 .
472 (27) Certain funds received by the Division of Parks and Recreation from the sale or
473 disposal of buffalo, as provided under Section 79-4-1001 .
474 (28) The Bonneville Shoreline Trail Program created under Section 79-5-503 .
475 Section 7. Revisor instructions.
476 Because S.B. 48, 2010 Annual General Session, broke Section 63J-1-602 into multiple
477 new sections, the Legislature intends that the Office of Legislative Research and General

478 Counsel, in preparing the Utah Code database for publication, incorporate the substantive and
479 technical changes made in Section 63J-1-602 into the newly enacted Sections 63J-1-602.1 ,
480 62J-1-602.2 , 62J-1-602.3 , 62J-1-602.4 , and 63J-1-602.5 , as applicable, including:
481 (1) incorporating new subsections that were enacted in Section 63J-1-602 during the
482 2010 Annual General Session;
483 (2) deleting items that were repealed in Section 63J-1-602 during the 2010 Annual
484 General Session from the appropriate new code sections;
485 (3) incorporating the amendments made to Section 63J-1-602 during the 2010 Annual
486 General Session into the appropriate new code sections; and
487 (4) making other conforming changes, as needed or as authorized by Section
488 36-12-12 .
489 Section 8. Coordinating S.B. 48 with H.B. 39 -- Technical amendments.
490 If this S.B. 48 and H.B. 39, Insurance Related Amendments, both pass, it is the intent
491 of the Legislature that the Office of Legislative Research and General Counsel in preparing the
492 Utah Code database for publication:
493 (1) modify Subsections 63J-1-602 (1)(w), (x), (y), and (z), which will be merged into
494 the newly enacted Section 63J-1-602.2 as new Subsections (2), (3), (4), and (5) to read:
495 "(2) Appropriations from the Technology Development Restricted Account created in
496 Section 31A-3-104 .
497 (3) Appropriations from the Criminal Background Check Restricted Account created
498 in Section 31A-3-105 .
499 (4) Appropriations from the Captive Insurance Restricted Account created in Section
500 31A-3-304 , except to the extent that Section 31A-3-304 makes the money received under that
501 section free revenue.
502 (5) Appropriations from the Title Licensee Enforcement Restricted Account created in
503 Section 31A-23a-415." ;
504 (2) renumber the remaining subsections accordingly;
505 (3) modify Subsection 31A-3-104 (4)(d) enacted in H.B. 39 to read:

506 "(d) An appropriation from the Technology Development Restricted Account is
507 nonlapsing.";
508 (4) modify Subsection 31A-3-105 (4) enacted in H.B. 39 to read:
509 "(4) An appropriation from the Criminal Background Check Restricted Account is
510 nonlapsing.";
511 (5) replace the language "The money in the Captive Insurance Restricted Account is"
512 with "An appropriation from the Captive Insurance Restricted Account is" in Subsections
513 31A-3-304 (5)(e) (Superseded 07/01/10) and 31A-3-304 (5)(e) (Effective 07/01/10) as amended
514 in H.B. 39; and
515 (6) modify Subsection 31A-23a-415 (3)(e) enacted in H.B. 39 to read:
516 "(e) An appropriation from the Title Licensee Enforcement Restricted Account is
517 nonlapsing.".