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H.B. 186
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7 LONG TITLE
8 General Description:
9 This bill replaces the terms "monies" and "moneys" with the term "money" throughout
10 the Utah Code.
11 Highlighted Provisions:
12 This bill:
13 . replaces the terms "monies" and "moneys" with the term "money" throughout the
14 Utah Code; and
15 . makes technical changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 4-2-8.5, as last amended by Laws of Utah 2008, Chapter 382
23 4-20-3, as last amended by Laws of Utah 2010, Chapter 278
24 9-3-606, as enacted by Laws of Utah 2010, Chapter 152
25 9-4-630, as renumbered and amended by Laws of Utah 1992, Chapter 241
26 9-4-704, as last amended by Laws of Utah 2010, Chapter 279
27 9-4-707, as last amended by Laws of Utah 2003, Chapter 95
28 9-4-708, as last amended by Laws of Utah 2008, Chapter 381
29 9-4-914, as last amended by Laws of Utah 2010, Chapter 378
30 9-4-1409, as last amended by Laws of Utah 2009, Chapter 385
31 9-6-503, as renumbered and amended by Laws of Utah 1992, Chapter 241
32 9-6-506, as renumbered and amended by Laws of Utah 1992, Chapter 241
33 9-8-706, as enacted by Laws of Utah 1991, Chapter 121
34 9-8-707, as enacted by Laws of Utah 1991, Chapter 121
35 11-25-20, as enacted by Laws of Utah 1977, Chapter 276
36 11-27-3, as last amended by Laws of Utah 2005, Chapter 105
37 24-1-19, as last amended by Laws of Utah 2008, Chapter 382
38 24-1-20, as enacted by Laws of Utah 2004, Chapter 296
39 31A-23a-204, as last amended by Laws of Utah 2009, Chapter 349
40 31A-23a-409, as last amended by Laws of Utah 2009, Chapter 349
41 31A-28-113, as last amended by Laws of Utah 2001, Chapter 161
42 31A-38-104, as last amended by Laws of Utah 2005, Chapter 221
43 31A-41-304, as enacted by Laws of Utah 2008, Chapter 220
44 34A-2-202.5, as last amended by Laws of Utah 2009, Chapter 85
45 34A-2-704, as last amended by Laws of Utah 2009, Chapter 288
46 35A-3-116, as last amended by Laws of Utah 2009, Chapter 116
47 35A-3-205, as last amended by Laws of Utah 2010, Chapter 286
48 35A-3-206, as last amended by Laws of Utah 2003, Chapter 13
49 35A-4-107, as last amended by Laws of Utah 1997, Chapter 375
50 35A-4-303, as last amended by Laws of Utah 2008, Chapter 110
51 35A-4-507, as last amended by Laws of Utah 2010, Chapters 277 and 278
52 36-24-101, as enacted by Laws of Utah 2000, Chapter 82
53 38-11-102, as last amended by Laws of Utah 2007, Chapter 84
54 40-6-14.5, as last amended by Laws of Utah 2009, Chapter 183
55 40-10-25.1, as last amended by Laws of Utah 2002, Chapter 256
56 40-10-27, as last amended by Laws of Utah 2009, Chapters 344 and 388
57 41-1a-422, as last amended by Laws of Utah 2010, Chapters 139, 166, 369, and 379
58 41-12a-803, as last amended by Laws of Utah 2008, Chapters 166 and 382
59 51-7-3, as last amended by Laws of Utah 2008, Chapter 360
60 51-7a-101, as enacted by Laws of Utah 2006, Chapter 277
61 51-8-102, as last amended by Laws of Utah 2009, Chapter 182
62 51-9-402, as last amended by Laws of Utah 2010, Chapter 402
63 51-9-404, as last amended by Laws of Utah 2008, Chapter 339 and renumbered and
64 amended by Laws of Utah 2008, Chapter 382
65 51-9-411, as last amended by Laws of Utah 2008, Chapter 216 and renumbered and
66 amended by Laws of Utah 2008, Chapter 382
67 51-9-504, as last amended by Laws of Utah 2010, Chapter 176
68 51-9-602, as last amended by Laws of Utah 2009, First Special Session, Chapter 4
69 52-5-102, as renumbered and amended by Laws of Utah 2008, Chapter 382
70 53-1-117, as last amended by Laws of Utah 2008, Chapter 382
71 53-2-109, as enacted by Laws of Utah 1997, Chapter 281
72 53-2-403, as last amended by Laws of Utah 2010, Chapter 370
73 53-2-404, as last amended by Laws of Utah 2010, Chapter 370
74 53-2-405, as last amended by Laws of Utah 2009, Chapter 77
75 53A-1-612, as last amended by Laws of Utah 2008, Chapter 382
76 53A-1-708, as enacted by Laws of Utah 2004, Chapter 265
77 53A-1-903, as enacted by Laws of Utah 2005, First Special Session, Chapter 2
78 53A-1a-108, as last amended by Laws of Utah 2008, Chapters 157, 178, and 332
79 53A-1a-601, as last amended by Laws of Utah 2008, Chapter 382
80 53A-1a-706, as enacted by Laws of Utah 2005, Chapter 35
81 53A-1a-806, as enacted by Laws of Utah 2007, Chapter 30
82 53A-4-205, as last amended by Laws of Utah 2008, Chapter 310
83 53A-16-107.1, as last amended by Laws of Utah 2010, Chapter 160
84 53A-17a-105, as repealed and reenacted by Laws of Utah 2010, Chapter 399
85 53A-17a-111, as last amended by Laws of Utah 2010, Chapter 3
86 53A-17a-121, as last amended by Laws of Utah 2010, Chapter 3
87 53A-17a-123.5, as last amended by Laws of Utah 2010, Chapter 3
88 53A-17a-134, as last amended by Laws of Utah 2010, Chapter 399
89 53A-17a-144, as last amended by Laws of Utah 2003, Chapters 88 and 221
90 53A-17a-150, as enacted by Laws of Utah 2004, Chapter 305
91 53A-28-301, as enacted by Laws of Utah 1996, Chapter 62
92 53A-28-302, as last amended by Laws of Utah 2005, Chapter 105
93 53A-28-401, as last amended by Laws of Utah 2007, Chapter 306
94 53A-28-402, as enacted by Laws of Utah 1996, Chapter 62
95 53B-8a-103, as last amended by Laws of Utah 2010, Chapter 6
96 53B-13-107, as enacted by Laws of Utah 1987, Chapter 167
97 53B-21-105, as last amended by Laws of Utah 1992, Chapter 271
98 53C-3-202, as last amended by Laws of Utah 2010, Chapter 79
99 54-4-15.2, as enacted by Laws of Utah 1973, Chapter 118
100 54-7-17, as last amended by Laws of Utah 2009, Chapter 388
101 54-8b-10, as last amended by Laws of Utah 2008, Chapter 382
102 54-9-106, as last amended by Laws of Utah 2005, Chapter 105
103 58-63-103, as enacted by Laws of Utah 2003, Chapter 308
104 59-2-1365, as repealed and reenacted by Laws of Utah 1997, Chapter 54
105 59-9-102.5, as last amended by Laws of Utah 2009, Chapter 85
106 59-12-103, as last amended by Laws of Utah 2010, Chapter 412
107 59-21-1, as last amended by Laws of Utah 2008, Chapter 360
108 59-21-2, as last amended by Laws of Utah 2010, Chapter 278
109 61-2e-203, as enacted by Laws of Utah 2009, Chapter 269
110 62A-1-119, as enacted by Laws of Utah 2009, Chapter 359
111 62A-15-102, as last amended by Laws of Utah 2009, Chapter 75
112 63A-8-301, as last amended by Laws of Utah 2006, Chapter 65
113 63B-1b-402, as renumbered and amended by Laws of Utah 2008, Chapter 382
114 63B-2-111, as enacted by Laws of Utah 1993, Chapter 304
115 63B-2-211, as enacted by Laws of Utah 1993, Chapter 304
116 63B-3-111, as enacted by Laws of Utah 1994, Chapter 300
117 63B-3-211, as enacted by Laws of Utah 1994, Chapter 300
118 63B-4-111, as enacted by Laws of Utah 1995, Chapter 329
119 63B-5-111, as enacted by Laws of Utah 1996, Chapter 335
120 63B-6-111, as enacted by Laws of Utah 1997, Chapter 391
121 63B-6-211, as enacted by Laws of Utah 1997, Chapter 270
122 63B-6-304, as enacted by Laws of Utah 1997, Chapter 270
123 63B-6-411, as enacted by Laws of Utah 1997, Chapter 391
124 63B-7-111, as enacted by Laws of Utah 1998, Chapter 67
125 63B-7-211, as enacted by Laws of Utah 1998, Chapter 316
126 63B-7-304, as enacted by Laws of Utah 1998, Chapter 316
127 63B-7-411, as enacted by Laws of Utah 1998, Chapter 67
128 63B-8-111, as enacted by Laws of Utah 1999, Chapter 309
129 63B-8-211, as enacted by Laws of Utah 1999, Chapter 331
130 63B-8-304, as enacted by Laws of Utah 1999, Chapter 331
131 63B-8-411, as enacted by Laws of Utah 1999, Chapter 309
132 63B-10-111, as enacted by Laws of Utah 2001, Chapter 321
133 63B-10-204, as enacted by Laws of Utah 2001, Chapter 321
134 63B-11-111, as enacted by Laws of Utah 2002, Chapter 199
135 63B-11-211, as enacted by Laws of Utah 2002, Chapter 252
136 63B-11-311, as enacted by Laws of Utah 2002, Chapter 278
137 63B-11-404, as enacted by Laws of Utah 2002, Chapter 278
138 63B-11-511, as enacted by Laws of Utah 2002, Chapter 266
139 63B-11-604, as enacted by Laws of Utah 2002, Chapter 266
140 63C-6-104, as last amended by Laws of Utah 2007, Chapter 66
141 63C-11-301, as repealed and reenacted by Laws of Utah 2009, Chapter 369
142 63C-11-304, as repealed and reenacted by Laws of Utah 2009, Chapter 369
143 63E-2-110, as enacted by Laws of Utah 2001, Chapter 201
144 63G-1-201, as renumbered and amended by Laws of Utah 2008, Chapter 382
145 63J-1-104, as last amended by Laws of Utah 2010, Chapters 278 and 391
146 63J-1-206, as last amended by Laws of Utah 2010, Chapter 3
147 63J-1-210, as renumbered and amended by Laws of Utah 2009, Chapter 183
148 63J-1-312, as renumbered and amended by Laws of Utah 2009, Chapter 183
149 63J-1-602.5, as enacted by Laws of Utah 2010, Chapter 265
150 63J-3-205, as renumbered and amended by Laws of Utah 2008, Chapter 382
151 63M-1-303, as last amended by Laws of Utah 2008, Chapter 378 and renumbered and
152 amended by Laws of Utah 2008, Chapter 382
153 63M-1-1207, as last amended by Laws of Utah 2008, Chapter 18 and renumbered and
154 amended by Laws of Utah 2008, Chapter 382
155 63M-1-1218, as last amended by Laws of Utah 2009, Chapter 143
156 63M-1-1406, as last amended by Laws of Utah 2009, Chapter 394
157 63M-7-511, as last amended by Laws of Utah 2008, Chapter 339 and renumbered and
158 amended by Laws of Utah 2008, Chapter 382
159 63M-7-514, as last amended by Laws of Utah 2008, Chapter 339 and renumbered and
160 amended by Laws of Utah 2008, Chapter 382
161 65A-8-103, as renumbered and amended by Laws of Utah 2007, Chapter 136
162 65A-8-205, as renumbered and amended by Laws of Utah 2007, Chapter 136
163 67-3-1, as last amended by Laws of Utah 2008, Chapters 360 and 382
164 67-4-11, as last amended by Laws of Utah 1998, Chapter 14
165 67-5-1, as last amended by Laws of Utah 2007, Chapter 48
166 67-19d-201, as enacted by Laws of Utah 2007, Chapter 99
167 70D-3-402, as enacted by Laws of Utah 2009, Chapter 72
168 72-2-117, as last amended by Laws of Utah 2008, Chapter 382
169 72-2-117.5, as last amended by Laws of Utah 2010, Chapter 263
170 72-2-121.2, as last amended by Laws of Utah 2010, Chapter 263
171 72-2-122, as last amended by Laws of Utah 2008, Chapter 382
172 72-2-205, as renumbered and amended by Laws of Utah 1998, Chapter 270
173 73-10-8, as last amended by Laws of Utah 1999, Chapter 365
174 73-10-30, as last amended by Laws of Utah 1988, Chapter 169
175 73-10c-5, as last amended by Laws of Utah 2007, Chapter 142
176 73-26-302, as last amended by Laws of Utah 2006, Chapter 84
177 73-28-202, as enacted by Laws of Utah 2006, Chapter 216
178 73-28-404, as last amended by Laws of Utah 2009, Chapter 183
179 76-8-401, as last amended by Laws of Utah 1999, Chapter 106
180 77-18-1.1, as last amended by Laws of Utah 2009, Chapter 337
181 77-28-1, as enacted by Laws of Utah 1980, Chapter 15
182 79-5-503, as renumbered and amended by Laws of Utah 2009, Chapter 344
183
184 Be it enacted by the Legislature of the state of Utah:
185 Section 1. Section 4-2-8.5 is amended to read:
186 4-2-8.5. Salinity Offset Fund.
187 (1) As used in this section, "Colorado River Salinity Offset Program" means a
188 program, administered by the Division of Water Quality, allowing oil, gas, or mining
189 companies and other entities to provide funds to finance salinity reduction projects in the
190 Colorado River Basin by purchasing salinity credits as offsets against discharges made by the
191 company under permits issued by the Division of Water Quality.
192 (2) (a) There is created a restricted special revenue fund known as the "Salinity Offset
193 Fund."
194 (b) The fund shall consist of:
195 (i) [
196 collected as part of the Colorado River Salinity Offset Program;
197 (ii) grants from local governments, the state, or the federal government;
198 (iii) grants from private entities; and
199 (iv) interest on fund [
200 (3) Any unallocated balance in the fund at the end of a fiscal year is nonlapsing.
201 (4) (a) The department shall:
202 (i) subject to the rules established under Subsection (4)(a)(ii), distribute fund [
203 money to farmers, ranchers, mutual irrigation companies, and other entities in the state to assist
204 in financing irrigation, rangeland, and watershed improvement projects that will, in accordance
205 with the Colorado River Salinity Offset Program, reduce salinity in the Colorado River; and
206 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
207 make rules establishing:
208 (A) a project funding application process;
209 (B) project funding requirements;
210 (C) project approval criteria; and
211 (D) standards for evaluating the effectiveness of funded projects in reducing salinity in
212 the Colorado River.
213 (b) The department may require entities seeking fund [
214 matching funds.
215 (c) The department shall submit to the Water Quality Board's executive secretary
216 proposed funding projects for the executive secretary's review and approval.
217 (5) The department may use fund [
218 but this amount may not exceed 10% of the annual receipts to the fund.
219 Section 2. Section 4-20-3 is amended to read:
220 4-20-3. Rangeland Improvement Account distribution.
221 (1) The department shall distribute restricted account money as provided in this
222 section.
223 (a) The department shall:
224 (i) distribute pro rata to each school district the [
225 under Subsection 4-20-2 (1)(b)(i) from the sale or lease of public lands based upon the amount
226 of revenue generated from the sale or lease of public lands within the district; and
227 (ii) ensure that all [
228 within a school district [
229 district.
230 (b) (i) After the commissioner approves a request from a regional board, the
231 department shall distribute pro rata to each regional board [
232 state under Subsection 4-20-2 (1)(b)(i) from fees based upon the amount of revenue generated
233 from the imposition of fees within that grazing district.
234 (ii) The regional board shall expend [
235 Subsection (2).
236 (c) (i) The department shall distribute or expend [
237 under Subsections 4-20-2 (1)(b)(ii) through (iv) for the purposes outlined in Subsection (2).
238 (ii) The department may require entities seeking funding from sources outlined in
239 Subsections 4-20-2 (1)(b)(ii) through (iv) to provide matching funds.
240 (2) The department shall ensure that restricted account distributions or expenditures
241 under Subsections (1)(b) and (c) are used for:
242 (a) range improvement and maintenance;
243 (b) the control of predatory and depredating animals;
244 (c) the control, management, or extermination of invading species, range damaging
245 organisms, and poisonous or noxious weeds;
246 (d) the purchase or lease of lands for the benefit of a grazing district;
247 (e) watershed protection, development, distribution, and improvement; and
248 (f) the general welfare of livestock grazing within a grazing district.
249 Section 3. Section 9-3-606 is amended to read:
250 9-3-606. Authority -- Powers.
251 (1) The authority shall:
252 (a) facilitate or operate and maintain a scenic and historic railroad in and around Weber
253 and Box Elder Counties;
254 (b) facilitate or operate and maintain one or more railroad history museums in and
255 around Weber and Box Elder Counties;
256 (c) facilitate the restoration, preservation, and public display of railroad artifacts and
257 heritage in and around Weber and Box Elder Counties; and
258 (d) facilitate the restoration, preservation, and operation of historically significant
259 railroad related properties in and around Weber and Box Elder Counties for public benefit.
260 (2) The authority has perpetual succession as a body politic and corporate and may:
261 (a) adopt, amend, and repeal policies and procedures for the regulation of its affairs and
262 the conduct of its business;
263 (b) sue and be sued in its own name;
264 (c) maintain an office at a place or places it designates within the state;
265 (d) adopt, amend, and repeal bylaws and rules, consistent with this part, to carry into
266 effect the powers and purposes of the authority and the conduct of its business;
267 (e) purchase, lease, sell, and otherwise dispose of property and rights-of-way;
268 (f) employ experts and other professionals it considers necessary;
269 (g) employ and retain independent legal counsel;
270 (h) make and execute contracts and all other instruments necessary or convenient for
271 the performance of its duties under this part as described in Subsection (1);
272 (i) procure insurance for liability and against any loss in connection with its property
273 and other assets in amounts and from insurers it considers desirable;
274 (j) receive appropriations from the Legislature and receive other public [
275 money and accept aid or contributions from any source of money, property, labor, or other
276 things of value to be held, used, and applied to carry out the purposes of this part, subject to the
277 conditions upon which the grants and contributions are made, including gifts or grants from a
278 department, agency, or instrumentality of the United States or of this state for any purpose
279 consistent with this part;
280 (k) enter into agreements with a department, agency, or instrumentality of the United
281 States or this state for the purpose of providing for the operation and maintenance of a scenic
282 railway in and around Weber and Box Elder Counties; and
283 (l) do any act necessary or convenient to the exercise of the powers granted to the
284 authority by this part.
285 (3) (a) All [
286 any other source [
287 of its duties under this part as described in Subsection (1).
288 (b) [
289 by any other entity.
290 Section 4. Section 9-4-630 is amended to read:
291 9-4-630. Investment in authority authorized.
292 (1) The state, public officers, political subdivisions, public bodies, banks, bankers, trust
293 companies, savings banks and institutions, building and loan associations, savings and loan
294 associations, investment companies, insurance companies, insurance associations, other
295 persons carrying on a banking or insurance business, executors, administrators, guardians,
296 trustees, and other fiduciaries may legally invest money or funds belonging to them or within
297 their control in any bonds or other obligations issued by a housing authority created under this
298 part or issued by any public housing authority or agency in the United States, any of its
299 territories, the District of Columbia, Puerto Rico, Guam, or the Virgin Islands.
300 (2) These bonds or other obligations shall be secured by a pledge of annual
301 contributions or other financial assistance to be paid by the United States government or any of
302 its agencies, or by an agreement between the United States government or any of its agencies
303 and the public housing authority or agency in which the United States government or its agency
304 agrees to lend to the public housing authority or agency, prior to the maturity of the bonds or
305 other obligations, [
306 money irrevocably committed to the payment of interest on the bonds or other obligations, will
307 suffice to pay the principal of the bonds or other obligations with interest to maturity.
308 (3) [
309 be used for this purpose, and the bonds and other obligations shall be authorized security for all
310 public deposits and shall be fully negotiable in this state.
311 (4) Nothing contained in this section may be construed to relieve any person, firm, or
312 corporation from any duty of exercising reasonable care in selecting securities.
313 (5) The provisions of this section apply notwithstanding any restrictions on
314 investments contained in other laws.
315 Section 5. Section 9-4-704 is amended to read:
316 9-4-704. Distribution of fund money.
317 (1) The executive director shall:
318 (a) make grants and loans from the fund for any of the activities authorized by Section
319 9-4-705 , as directed by the board;
320 (b) establish the criteria with the approval of the board by which loans and grants will
321 be made; and
322 (c) determine with the approval of the board the order in which projects will be funded.
323 (2) The executive director shall distribute, as directed by the board, any federal
324 [
325 placed upon the use of [
326 (3) (a) The executive director shall distribute, as directed by the board, any funds
327 received pursuant to Section 17C-1-412 to pay the costs of providing income targeted housing
328 within the community that created the community development and renewal agency under Title
329 17C, Limited Purpose Local Government Entities - Community Development and Renewal
330 Agencies Act.
331 (b) As used in Subsection (3)(a):
332 (i) "Community" has the meaning as defined in Section 17C-1-102 .
333 (ii) "Income targeted housing" has the meaning as defined in Section 17C-1-102 .
334 (4) Except federal money and money received under Section 17C-1-412 , the executive
335 director shall distribute, as directed by the board, all other [
336 according to the following requirements:
337 (a) Not less than 30% of all fund [
338 the state.
339 (b) At least 50% of the [
340 repaid to the fund by the entity receiving them.
341 (i) (A) Of the fund [
342 distributed to benefit persons whose annual income is at or below 50% of the median family
343 income for the state.
344 (B) The remaining loan [
345 annual income is at or below 80% of the median family income for the state.
346 (ii) The executive director or the executive director's designee shall lend [
347 money in accordance with this Subsection (4) at a rate based upon the borrower's ability to pay.
348 (c) Any fund [
349 (i) At least 90% of the fund [
350 to benefit persons whose annual income is at or below 50% of the median family income for
351 the state.
352 (ii) The remaining fund [
353 executive director to obtain federal matching funds or for other uses consistent with the intent
354 of this part, including the payment of reasonable loan servicing costs, but no more than 3% of
355 the revenues of the fund may be used to offset other department or board administrative
356 expenses.
357 (5) The executive director may with the approval of the board:
358 (a) enact rules to establish procedures for the grant and loan process by following the
359 procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
360 and
361 (b) service or contract, pursuant to Title 63G, Chapter 6, Utah Procurement Code, for
362 the servicing of loans made by the fund.
363 Section 6. Section 9-4-707 is amended to read:
364 9-4-707. Application process and priorities.
365 (1) (a) In each calendar year that [
366 distribution by the executive director under the direction of the board, the director shall, at least
367 once in that year, announce a grant and loan application period by sending notice to interested
368 persons.
369 (b) The executive director shall accept applications which are received in a timely
370 manner.
371 (2) The executive director shall give first priority to applications for projects and
372 activities that use existing privately owned housing stock, including privately owned housing
373 stock purchased by nonprofit public development authorities.
374 (3) Preference shall be given to applications that demonstrate the following:
375 (a) a high degree of leverage with other sources of financing;
376 (b) high recipient contributions to total project costs, including allied contributions
377 from other sources such as professional, craft and trade services, and lender interest rate
378 subsidies;
379 (c) high local government project contributions in the form of infrastructure
380 improvements, or other assistance;
381 (d) projects that encourage ownership, management, and other project-related
382 responsibility opportunities;
383 (e) projects that demonstrate a strong probability of serving the original target group or
384 income level for a period of at least 15 years;
385 (f) projects where the applicant has demonstrated the ability, stability, and resources to
386 complete the project;
387 (g) projects that appear to serve the greatest need;
388 (h) projects that provide housing for persons and families with the lowest income;
389 (i) projects that promote economic development benefits;
390 (j) projects that allow integration into a local government housing plan; and
391 (k) projects that would mitigate or correct existing health, safety, or welfare problems.
392 (4) Consideration may be given to projects that increase the supply of accessible
393 housing.
394 Section 7. Section 9-4-708 is amended to read:
395 9-4-708. Annual accounting.
396 (1) The executive director shall monitor the activities of recipients of grants and loans
397 issued under this part on a yearly basis to ensure compliance with the terms and conditions
398 imposed on the recipient by the director with the approval of the board or by this part.
399 (2) The entities receiving grants or loans shall provide the executive director with an
400 annual accounting of how the [
401 spent.
402 (3) The executive director shall make an annual report to the board accounting for the
403 expenditures authorized by the board.
404 (4) The board shall submit an annual written report to the Workforce Services and
405 Community and Economic Development Interim Committee before December 1 of each year:
406 (a) accounting for expenditures authorized by the board; and
407 (b) evaluating the effectiveness of the program.
408 Section 8. Section 9-4-914 is amended to read:
409 9-4-914. Capital reserve funds -- Capital reserve fund requirement --
410 Establishment of other funds.
411 (1) (a) (i) The corporation may create and establish one or more reserve funds, herein
412 referred to as "capital reserve funds," from:
413 (A) any proceeds of sale of notes or bonds, to the extent provided in the resolution or
414 resolutions of the corporation authorizing the issuance thereof;
415 (B) any [
416 of the funds;
417 (C) any [
418 (D) any other [
419 purpose of the funds from any other source or sources.
420 (ii) All [
421 solely for the payment of the principal of bonds or of the sinking fund payments with respect to
422 the bonds, the purchase or redemption of bonds, the payment of interest on bonds, or the
423 payment of any redemption premium required to be paid when the bonds are redeemed prior to
424 maturity.
425 (b) (i) [
426 fund at any time in an amount as would reduce the level of [
427 than the capital reserve fund requirement, except for the purpose of paying principal and
428 redemption price of and interest on bonds and the sinking fund payments, as the payments
429 become due and for the payment of which other [
430 available.
431 (ii) Any income or interest earned by the investment of [
432 fund may be transferred by the corporation to other funds or accounts of the corporation to the
433 extent that the transfer does not reduce the amount of the fund to below the capital reserve fund
434 requirement.
435 (c) The corporation may provide by resolution or resolutions that it may not issue
436 bonds under a resolution or resolutions at any time if upon issuance the amount in the capital
437 reserve fund which will secure the bonds shall be less than the capital reserve fund
438 requirement, unless the corporation at the time of issuance of the bonds shall deposit in the
439 fund from the proceeds of the bonds to be so issued, or other sources, an amount which,
440 together with the amount then in the fund, may not be less than the capital reserve fund
441 requirement.
442 (d) In computing the amount of the capital reserve funds for the purpose of this part,
443 securities in which all or a portion of the funds shall be invested shall be valued at par, cost, or
444 by other method of valuation as the corporation may provide by resolution.
445 (e) (i) "Capital reserve fund requirement" means, as of any particular date of
446 computation, and with respect to any particular issue of bonds, an amount as the corporation
447 may provide, or may have previously provided, by resolution, which amount may be in the
448 form of a sum certain or a formula.
449 (ii) In establishing reserves and setting capital reserve fund requirements, the
450 corporation shall consider the following:
451 (A) the qualifications for obtaining an investment grade rating from one or more
452 nationally recognized bond rating agencies;
453 (B) the economic feasibility and marketability of the bonds being issued, taking into
454 account all security for the bonds, including the capital reserve fund; and
455 (C) applicable requirements pertaining to reserve funds under federal and state income
456 tax laws and regulations.
457 (f) (i) To assure the continued operation and solvency of the corporation for carrying
458 out of its corporate purposes, provision is made in Subsection (1)(b) for the accumulation in
459 the capital reserve funds of an amount equal to the maximum capital reserve fund requirement.
460 (ii) The president of the corporation shall annually, on or before December first, certify
461 to the governor and to the director of finance the amount, if any, required to restore the capital
462 reserve funds to the capital reserve fund requirement.
463 (iii) The governor may request from the Legislature an appropriation of the certified
464 amount to restore the capital reserve funds to the capital reserve fund requirement.
465 (g) Amounts appropriated, if any, shall be repaid to the General Fund of the state, from
466 any [
467 self-supporting.
468 (2) The corporation may create and establish any other funds as may be necessary or
469 desirable for its corporate purposes.
470 Section 9. Section 9-4-1409 is amended to read:
471 9-4-1409. Qualified Emergency Food Agencies Fund -- Expenditure of revenues.
472 (1) As used in this section:
473 (a) "Association of governments" means the following created under the authority of
474 Title 11, Chapter 13, Interlocal Cooperation Act:
475 (i) an association of governments; or
476 (ii) a regional council that acts as an association of governments.
477 (b) "Food and food ingredients" is as defined in Section 59-12-102 .
478 (c) "Pounds of food donated" means the aggregate number of pounds of food and food
479 ingredients that are donated:
480 (i) to a qualified emergency food agency; and
481 (ii) by a person, other than an organization that as part of its activities operates a
482 program that has as the program's primary purpose to:
483 (A) warehouse and distribute food to other agencies and organizations providing food
484 and food ingredients to low-income persons; or
485 (B) provide food and food ingredients directly to low-income persons.
486 (d) "Qualified emergency food agency" means an organization that:
487 (i) is:
488 (A) exempt from federal income taxation under Section 501(c)(3), Internal Revenue
489 Code; or
490 (B) an association of governments;
491 (ii) as part of its activities operates a program that has as the program's primary purpose
492 to:
493 (A) warehouse and distribute food to other agencies and organizations providing food
494 and food ingredients to low-income persons; or
495 (B) provide food and food ingredients directly to low-income persons; and
496 (iii) the office determines to be a qualified emergency food agency.
497 (2) There is created a restricted special revenue fund known as the Qualified
498 Emergency Food Agencies Fund.
499 (3) (a) The Qualified Emergency Food Agencies Fund shall be funded by the sales and
500 use tax revenues described in:
501 (i) Section 59-12-103 ;
502 (ii) Section 59-12-204 ; and
503 (iii) Section 59-12-1102 .
504 (b) Any interest earned on the Qualified Emergency Food Agencies Fund shall be
505 deposited into the General Fund.
506 (4) The office shall for a fiscal year distribute [
507 Qualified Emergency Food Agencies Fund to qualified emergency food agencies within the
508 state as provided in this section.
509 (5) A qualified emergency food agency shall file an application with the office before
510 the qualified emergency food agency may receive a distribution under this section.
511 (6) Except as provided in Subsection (7), the office shall for a fiscal year distribute to a
512 qualified emergency food agency an amount equal to the product of:
513 (a) the pounds of food donated to the qualified emergency food agency during that
514 fiscal year; and
515 (b) $.12.
516 (7) If the [
517 [
518 distributions to qualified emergency food agencies in the order that the office receives
519 applications from the qualified emergency food agencies until all of the [
520 deposited into the Qualified Emergency Food Agencies Fund for the fiscal year [
521 expended.
522 (8) A qualified emergency food agency may expend a distribution received in
523 accordance with this section only for a purpose related to:
524 (a) warehousing and distributing food and food ingredients to other agencies and
525 organizations providing food and food ingredients to low-income persons; or
526 (b) providing food and food ingredients directly to low-income persons.
527 (9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
528 Division of Housing and Community Development may make rules providing procedures for
529 implementing the distributions required by this section, including:
530 (a) standards for determining and verifying the amount of a distribution that a qualified
531 emergency food agency may receive;
532 (b) procedures for a qualified emergency food agency to apply for a distribution,
533 including the frequency with which a qualified emergency food agency may apply for a
534 distribution; and
535 (c) consistent with Subsection (1)(d), determining whether an entity is a qualified
536 emergency food agency.
537 Section 10. Section 9-6-503 is amended to read:
538 9-6-503. Arts organization endowment funds.
539 (1) Any Utah nonprofit arts organization may create an endowment fund into which
540 there may be deposited [
541 fund may not be expended by the qualifying organization and shall be held in perpetuity solely
542 by the qualifying organization or by the council on behalf of the qualifying organization. Only
543 interest income earned on the amount in each endowment fund may be expended by the
544 qualifying organization. The principal of each endowment fund shall be invested in accordance
545 with Title 51, Chapter 7, State Money Management Act [
546 (2) If a qualifying organization receives $50,000 or more from the state fund, [
547
548 principles by the qualifying organization's professional management. Amounts less than
549 $50,000 shall be placed in a state trust and agency fund invested by the state treasurer, who
550 shall allocate interest income to the qualifying organization.
551 (3) If an endowment fund is invested by the state treasurer the costs for this
552 administration shall be deducted from the interest income before allocations of interest income
553 may be made to the qualifying organization.
554 Section 11. Section 9-6-506 is amended to read:
555 9-6-506. Unallocated money.
556 [
557 board on a proportionate basis to qualifying organizations that raise 100% of their required
558 match by the date determined under Subsection 9-6-505 (5)(a).
559 Section 12. Section 9-8-706 is amended to read:
560 9-8-706. Unallocated money.
561 [
562 division on a proportionate basis, not exceeding existing match, to qualifying organizations that
563 raise more than 100% of their required match by the date determined by the board.
564 Section 13. Section 9-8-707 is amended to read:
565 9-8-707. Spending restrictions -- Return of endowment.
566 (1) A qualifying organization, once it has received its endowment money from the state
567 fund, may not expend any of [
568 money in its endowment fund, but may expend only the interest income earned on the [
569 money in its endowment fund.
570 (2) If a qualifying organization expends any amount of the endowment money received
571 from the state fund or any amount of the required matching [
572 organization shall return the amount it received from the state fund. The division shall
573 reallocate any such returned [
574 provided in Section 9-8-706 .
575 Section 14. Section 11-25-20 is amended to read:
576 11-25-20. Money received as trust funds -- Depository as trustee.
577 All [
578 from the sale of bonds or revenues, shall be deemed to be trust funds to be held and applied
579 solely as provided in this part. Any bank or trust company in which [
580 money is deposited shall act as trustee of the [
581 same for the purposes specified in this part, subject to the terms of the resolution authorizing
582 the bonds.
583 Section 15. Section 11-27-3 is amended to read:
584 11-27-3. Action by resolution of governing body -- Purposes for bond issue --
585 Exchange or sale -- Interest rate limitations inapplicable -- Principal amount --
586 Investment of proceeds -- Safekeeping and application of proceeds -- Computing
587 indebtedness -- Payment of bonds -- Combination issues -- Laws applicable to issuance --
588 Payment from taxes or pledged revenues.
589 (1) Any formal action taken by the governing body of a public body under the authority
590 of this chapter may be taken by resolution of that governing body.
591 (2) (a) The governing body of any public body may by resolution provide for the
592 issuance of refunding bonds to refund outstanding bonds issued by the public body or its
593 predecessor, either prior to or after the effective date of this chapter, only:
594 (i) to pay or discharge all or any part of any outstanding series or issue of bonds,
595 including applicable interest, in arrears or about to become due and for which sufficient funds
596 are not available;
597 (ii) to achieve a savings; or
598 (iii) to achieve another objective that the governing body finds to be beneficial to the
599 public body.
600 (b) Any refunding bonds may be delivered in exchange for the outstanding bonds being
601 refunded or may be sold in a manner, at terms, with details, and at a price above, at, or below
602 par as the governing body determines advisable. The refunding bonds may be issued without
603 an election, unless an election is required by the Utah Constitution.
604 (c) It is the express intention of the Legislature that interest rate limitations elsewhere
605 appearing in the laws of the state not apply to nor limit the rates of interest borne by refunding
606 bonds.
607 (3) Advance refunding bonds may be issued in a principal amount in excess of the
608 principal amount of the bonds to be refunded as determined by the governing body. This
609 amount may be equal to the full amount required to pay the principal of, interest on, and
610 redemption premiums, if any, due in connection with the bonds to be refunded to and including
611 their dates of maturity or redemption in accordance with the advance refunding plan adopted by
612 the governing body, together with all costs incurred in accomplishing this refunding. The
613 principal amount of refunding bonds may be less than or the same as the principal amount of
614 the bonds being refunded so long as provision is duly and sufficiently made for the retirement
615 or redemption of the bonds to be refunded. Any reserves held or taxes levied or collected to
616 secure the bonds to be refunded may be applied to the redemption or retirement of the bonds,
617 or otherwise, as the governing body may determine.
618 (4) Prior to the application of the proceeds derived from the sale of advance refunding
619 bonds to the purposes for which the bonds have been issued, these proceeds, together with any
620 other legally available funds, including reserve funds, may be invested and reinvested only in
621 government obligations maturing at such times as may be required to provide funds sufficient
622 to pay principal of, interest on, and redemption premiums, if any, due in connection with the
623 bonds to be refunded or the advance refunding bonds, or both, in accordance with the advance
624 refunding plan. To the extent incidental expenses have been capitalized, these bond proceeds
625 may be used to defray these expenses.
626 (5) The governing body may contract regarding the safekeeping and application of the
627 proceeds of sale of advance refunding bonds and other funds included with them and the
628 income from them, including the right to appoint a trustee, which may be any trust company or
629 state or national bank having powers of a trust company inside or outside the state. The
630 governing body may provide in the advance refunding plan that until such [
631 is required to redeem or retire the bonds to be refunded, the advance refunding bond proceeds
632 and other funds, and the income from them, shall be used to pay and secure payment of
633 principal of, interest on, and redemption premiums, if any, due in connection with all or a
634 portion of the advance refunding bonds or the bonds being refunded, or both.
635 (6) In computing indebtedness for the purpose of any applicable constitutional or
636 statutory debt limitation, there shall be deducted from the amount of outstanding indebtedness
637 the principal amount of outstanding general obligation bonds for the payment of which there
638 has been dedicated and deposited in escrow government obligations, the principal of or interest
639 on which, or both, will be sufficient to provide for the payment of these general obligation
640 bonds as to principal, interest, and redemption premiums, if any, when due at maturity or upon
641 some earlier date upon which the bonds have been called for redemption in accordance with
642 their terms.
643 (7) When a public body has irrevocably set aside for and pledged to the payment of
644 bonds to be refunded proceeds of advance refunding bonds and other [
645 amounts which, together with known earned income from their investment, will be sufficient in
646 amount to pay the principal of, interest on, and any redemption premiums due on the bonds to
647 be refunded as the same become due and to accomplish the refunding as scheduled, the
648 refunded bonds shall be considered duly paid and discharged for the purpose of any applicable
649 constitutional or statutory debt limitation.
650 (8) Refunding bonds and bonds issued for any other purpose may be issued separately
651 or issued in combination in one or more series or issues by the same issuer.
652 (9) Except as specifically provided in this section, refunding bonds issued under this
653 chapter shall be issued in accordance with the provisions of law applicable to the type of bonds
654 of the issuer being refunded in effect either at the time of the issuance of the refunding bonds
655 or at the time of issuance of the bonds to be refunded. Refunding bonds and coupons, if any,
656 pertaining to them may bear facsimile signatures as provided in Section 11-14-304 .
657 (10) Refunding bonds may be made payable from any taxes or pledged revenues, or
658 both, or any assessments, special improvement guaranty funds, or other funds which might be
659 legally pledged for the payment of the bonds to be refunded at the time of the issuance of the
660 refunding bonds or at the time of the issuance of the bonds to be refunded, as the governing
661 body may determine.
662 Section 16. Section 24-1-19 is amended to read:
663 24-1-19. Crime Reduction Assistance Program.
664 (1) There is created the Crime Reduction Assistance Program.
665 (2) The program shall fund crime prevention and law enforcement activities that have
666 the purpose of:
667 (a) deterring crime by depriving criminals of the profits and proceeds of their illegal
668 activities;
669 (b) weakening criminal enterprises by removing the instrumentalities of crime;
670 (c) reducing crimes involving substance abuse by supporting the creation,
671 administration, or operation of drug court programs throughout the state;
672 (d) encouraging cooperation between local, state, and multijurisdictional law
673 enforcement agencies;
674 (e) allowing the costs and expenses of law enforcement to be defrayed by the forfeited
675 proceeds of crime; and
676 (f) increasing the equitability and accountability of the use of forfeited property used to
677 assist law enforcement in reducing and preventing crime.
678 (3) (a) When property is forfeited under this chapter and transferred to the fund, the
679 Commission on Criminal and Juvenile Justice shall make awards of [
680 fund to state, local, or multijurisdictional law enforcement agencies or political subdivisions of
681 the state in compliance with this section and to further the program purposes under Subsection
682 (2).
683 (b) In granting the awards, the Commission on Criminal and Juvenile Justice shall
684 ensure that the amount of each award takes into consideration:
685 (i) the demonstrated needs of the agency;
686 (ii) the demonstrated ability of the agency to appropriately use the award;
687 (iii) the degree to which the agency's need is offset through the agency's participation in
688 federal equitable sharing or through other federal and state grant programs; and
689 (iv) the agency's cooperation with other state and local agencies and task forces.
690 (4) Agencies or political subdivisions shall apply for program awards by completing
691 and submitting forms specified by the Commission on Criminal and Juvenile Justice.
692 (5) Applying agencies or political subdivisions shall demonstrate compliance with all
693 reporting and policy requirements applicable under this chapter and under Title 63M, Chapter
694 7, Criminal Justice and Substance Abuse, in order to qualify as a potential award recipient.
695 (6) Recipient law enforcement agencies may only use program award [
696 after approval or appropriation by the agency's legislative body, and the award [
697 money is nonlapsing.
698 (7) A recipient law enforcement agency or political subdivision shall use program
699 awards only for law enforcement or controlled substance law enforcement purposes as
700 described in Subsection (8), and only as these purposes are specified by the agency or political
701 subdivision in its application for the award.
702 (8) Permissible law enforcement purposes for which award [
703 used include:
704 (a) controlled substance interdiction and enforcement activities;
705 (b) drug court programs;
706 (c) activities calculated to enhance future investigations;
707 (d) law enforcement training that includes:
708 (i) implementation of the Fourth Amendment of the federal constitution and Utah
709 Constitution Article I, Section 7, and addresses the protection of the individual's rights of due
710 process;
711 (ii) protection of the rights of innocent property holders; and
712 (iii) the Tenth Amendment of the federal constitution regarding states' sovereignty and
713 the states' reserved rights;
714 (e) law enforcement or detention facilities;
715 (f) law enforcement operations or equipment which are not routine costs or operational
716 expenses;
717 (g) drug, gang, or crime prevention education programs which are sponsored in whole
718 or in part by the law enforcement agency or its legislative body; and
719 (h) matching funds for other state or federal law enforcement grants.
720 (9) Law enforcement purposes for which award [
721 used include:
722 (a) payment of salaries, retirement benefits, or bonuses to any person;
723 (b) payment of enforcement expenses not related to law enforcement;
724 (c) uses not specified in the agency's award application;
725 (d) uses not approved or appropriated by the agency's legislative body;
726 (e) payments, transfers, or pass-through funding to entities other than law enforcement
727 agencies; or
728 (f) uses, payments, or expenses that are not within the scope of the agency's functions.
729 (10) For each fiscal year, any state, local, or multijurisdictional agency or political
730 subdivision that received a program award shall prepare, and file with the Utah Commission on
731 Criminal and Juvenile Justice and the state auditor, a report in a form specified by the Utah
732 Commission on Criminal and Juvenile Justice. The report shall include the following
733 regarding each award:
734 (a) the agency's name;
735 (b) the amount of the award;
736 (c) the date of the award;
737 (d) how the award has been used; and
738 (e) a statement signed by both the agency's or political subdivision's executive officer
739 or designee and by the agency's legal counsel, that:
740 (i) the agency or political subdivision has complied with all inventory, policy, and
741 reporting requirements of this chapter;
742 (ii) all program awards were used for crime reduction or law enforcement purposes as
743 specified in the application; and
744 (iii) and only upon approval or appropriation by the agency's or political subdivision's
745 legislative body.
746 (11) The Utah Commission on Criminal and Juvenile Justice shall report in writing to
747 the legislative Law Enforcement and Criminal Justice Interim Committee annually regarding
748 the forfeited property transferred to the fund, awards made by the program, uses of program
749 awards, and any equitable share of property forfeited by the federal government as reported by
750 agencies pursuant to Subsection 24-1-15 (3).
751 Section 17. Section 24-1-20 is amended to read:
752 24-1-20. State Law Enforcement Forfeiture Account created -- Revenue sources --
753 Use of account designated.
754 (1) (a) There is created in the General Fund a restricted account called the State Law
755 Enforcement Forfeiture Account.
756 (b) All [
757 of Corrections, or any division or agency within either department, through the Crime
758 Reduction Assistance Program created in Section 24-1-19 shall be deposited into the State Law
759 Enforcement Forfeiture Account.
760 (c) All [
761 Account created in Section 58-37-20 , and that [
762 by Initiative B, which passed in 2000, and which became effective March 29, 2001, shall be
763 transferred to and deposited in the State Law Enforcement Forfeiture Account created in this
764 Subsection (1).
765 (2) The Department of Public Safety and the Department of Corrections may expend
766 amounts as appropriated by the Legislature from the State Law Enforcement Forfeiture
767 Account for law enforcement purposes or controlled substance law enforcement purposes as
768 specified in Section 24-1-19 .
769 (3) That portion of funds forfeited or that are required to be disbursed to other
770 governmental entities under existing contractual agreements or Utah statutory requirements are
771 exempt from this section.
772 (4) Funds forfeited as a result of the Salt Lake Airport Drug Program operated by the
773 Department of Public Safety, not to exceed the Department of Public Safety's expenditure to
774 that program, are exempt from this section.
775 (5) The Department of Public Safety and the Department of Corrections, as part of the
776 annual legislative budget hearings, shall provide to the legislative Executive Offices and
777 Criminal Justice Appropriations Subcommittee a complete accounting of expenditures and
778 revenues from the funds received under this section.
779 (6) The Legislature may annually provide, in an appropriations act, legislative direction
780 for anticipated expenditures of the [
781 Section 18. Section 31A-23a-204 is amended to read:
782 31A-23a-204. Special requirements for title insurance producers and agencies.
783 A title insurance producer, including an agency, shall be licensed in accordance with
784 this chapter, with the additional requirements listed in this section.
785 (1) (a) A person that receives a new license under this title as a title insurance agency,
786 shall at the time of licensure be owned or managed by one or more individuals who are
787 licensed for at least three of the five years immediately proceeding the date on which the title
788 insurance agency applies for a license with both:
789 (i) a search line of authority; and
790 (ii) an escrow line of authority.
791 (b) A title insurance agency subject to Subsection (1)(a) may comply with Subsection
792 (1)(a) by having the title insurance agency owned or managed by:
793 (i) one or more individuals who are licensed with the search line of authority for the
794 time period provided in Subsection (1)(a); and
795 (ii) one or more individuals who are licensed with the escrow line of authority for the
796 time period provided in Subsection (1)(a).
797 (c) The Title and Escrow Commission may by rule, subject to Section 31A-2-404 ,
798 exempt an attorney with real estate experience from the experience requirements in Subsection
799 (1)(a).
800 (2) (a) A title insurance agency or producer appointed by an insurer shall maintain:
801 (i) a fidelity bond;
802 (ii) a professional liability insurance policy; or
803 (iii) a financial protection:
804 (A) equivalent to that described in Subsection (2)(a)(i) or (ii); and
805 (B) that the commissioner considers adequate.
806 (b) The bond, insurance, or financial protection required by this Subsection (2):
807 (i) shall be supplied under a contract approved by the commissioner to provide
808 protection against the improper performance of any service in conjunction with the issuance of
809 a contract or policy of title insurance; and
810 (ii) be in a face amount no less than $50,000.
811 (c) The Title and Escrow Commission may by rule, subject to Section 31A-2-404 ,
812 exempt title insurance producers from the requirements of this Subsection (2) upon a finding
813 that, and only so long as, the required policy or bond is generally unavailable at reasonable
814 rates.
815 (3) A title insurance agency or producer appointed by an insurer may maintain a
816 reserve fund to the extent [
817 withdrawn to the income of the title insurance producer.
818 (4) An examination for licensure shall include questions regarding the search and
819 examination of title to real property.
820 (5) A title insurance producer may not perform the functions of escrow unless the title
821 insurance producer has been examined on the fiduciary duties and procedures involved in those
822 functions.
823 (6) The Title and Escrow Commission shall adopt rules, subject to Section 31A-2-404 ,
824 after consulting with the department and the department's test administrator, establishing an
825 examination for a license that will satisfy this section.
826 (7) A license may be issued to a title insurance producer who has qualified:
827 (a) to perform only searches and examinations of title as specified in Subsection (4);
828 (b) to handle only escrow arrangements as specified in Subsection (5); or
829 (c) to act as a title marketing representative.
830 (8) (a) A person licensed to practice law in Utah is exempt from the requirements of
831 Subsections (2) and (3) if that person issues 12 or less policies in any 12-month period.
832 (b) In determining the number of policies issued by a person licensed to practice law in
833 Utah for purposes of Subsection (8)(a), if the person licensed to practice law in Utah issues a
834 policy to more than one party to the same closing, the person is considered to have issued only
835 one policy.
836 (9) A person licensed to practice law in Utah, whether exempt under Subsection (8) or
837 not, shall maintain a trust account separate from a law firm trust account for all title and real
838 estate escrow transactions.
839 Section 19. Section 31A-23a-409 is amended to read:
840 31A-23a-409. Trust obligation for money collected.
841 (1) (a) Subject to Subsection (7), a licensee is a trustee for [
842 collected for forwarding to insurers or to insureds.
843 (b) (i) Except as provided in Subsection (1)(b)(ii), a licensee may not commingle trust
844 funds with:
845 (A) the licensee's own [
846 (B) [
847 (ii) This Subsection (1)(b) does not apply to:
848 (A) amounts necessary to pay bank charges; and
849 (B) [
850 commission.
851 (c) Except as provided under Subsection (4), a licensee owes to insureds and insurers
852 the fiduciary duties of a trustee with respect to money to be forwarded to insurers or insureds
853 through the licensee.
854 (d) (i) Unless [
855 next business day after their receipt, the licensee shall deposit them in an account authorized
856 under Subsection (2).
857 (ii) [
858 authorized under Subsection (2) until sent to the appropriate payee.
859 (2) [
860 (a) in a federally insured trust account in a depository institution, as defined in Section
861 7-1-103 , which:
862 (i) has an office in this state, if the licensee depositing the [
863 licensee;
864 (ii) has federal deposit insurance; and
865 (iii) is authorized by its primary regulator to engage in the trust business, as defined by
866 Section 7-5-1 , in this state; or
867 (b) in some other account, approved by the commissioner by rule or order, providing
868 safety comparable to federally insured trust accounts.
869 (3) It is not a violation of Subsection (2)(a) if the amounts in the accounts exceed the
870 amount of the federal insurance on the accounts.
871 (4) A trust account into which [
872 bearing. The interest accrued on the account may be paid to the licensee, so long as the
873 licensee otherwise complies with this section and with the contract with the insurer.
874 (5) A depository institution or other organization holding trust funds under this section
875 may not offset or impound trust account funds against debts and obligations incurred by the
876 licensee.
877 (6) A licensee who, not being lawfully entitled to do so, diverts or appropriates any
878 portion of the [
879 theft under Title 76, Chapter 6, Part 4, Theft. Section 76-6-412 applies in determining the
880 classification of the offense. Sanctions under Section 31A-2-308 also apply.
881 (7) A nonresident licensee:
882 (a) shall comply with Subsection (1)(a) by complying with the trust account
883 requirements of the nonresident licensee's home state; and
884 (b) is not required to comply with the other provisions of this section.
885 Section 20. Section 31A-28-113 is amended to read:
886 31A-28-113. Credit for assessments paid.
887 (1) (a) A member insurer may offset against its premium tax liability to this state an
888 assessment described in Subsection 31A-28-109 (2)(b) to the extent of 20% of the amount of
889 the assessment for each of the five calendar years following the year in which the assessment
890 was paid.
891 (b) To the extent that the offsets described in Subsection (1)(a) exceed premium tax
892 liability, the offsets may be carried forward and used to offset premium tax liability in future
893 years.
894 (c) If a member insurer ceases doing business, all uncredited assessments may be
895 credited against its premium tax liability for the year it ceases doing business.
896 (2) (a) [
897 the State Tax Commission if the [
898 (i) [
899 association by member insurers; and
900 (ii) [
901 (b) The association shall notify the commissioner that the refunds described in
902 Subsection (2)(a) have been made.
903 Section 21. Section 31A-38-104 is amended to read:
904 31A-38-104. Authorization -- Money transferred for reserves.
905 (1) The Department of Workforce Services may:
906 (a) convert the bridge program to the state program through any of the following, or
907 combination of the following, that the Department of Workforce Services considers best serves
908 the needs of qualified participants:
909 (i) a contract with a licensed insurance company authorized to do business in the state;
910 (ii) through any other arrangement acceptable under the Trade Reform Act; or
911 (iii) a self-insurance program through a third party administrator as provided in
912 Subsection 31A-38-103(3)(b)(ii);
913 (b) (i) in cooperation with the Division of Finance, establish an appropriate state fund
914 for the purpose of operation of the state program; and
915 (ii) transfer the balance of any [
916 this fund; and
917 (c) obligate up to $2,000,000 of the Workforce Services Special Administrative
918 Expense Fund as reserves for the state program.
919 (2) The [
920 (a) nonlapsing; and
921 (b) restricted to the purposes of the state program established under this chapter.
922 (3) The [
923 (a) used until the reserves in the state program become adequate; and
924 (b) transferred into or out of any fund created under Subsection (1)(b).
925 Section 22. Section 31A-41-304 is amended to read:
926 31A-41-304. Insufficient funds to satisfy judgment.
927 If the [
928 paid under Section 31A-41-303 , when sufficient money is in the fund, the department shall pay
929 a person with an unpaid claim:
930 (1) in the order that petitions related to unpaid claims are originally served on the
931 department; and
932 (2) an amount equal to the sum of:
933 (a) the unpaid claim; and
934 (b) interest on the unpaid claim at a rate of 5% per annum from the date the court
935 orders payment from the fund until the day on which the claim is paid.
936 Section 23. Section 34A-2-202.5 is amended to read:
937 34A-2-202.5. Offset for occupational health and safety related donations.
938 (1) As used in this section:
939 (a) "Occupational health and safety center" means the Rocky Mountain Center for
940 Occupational and Environmental Health created in Title 53B, Chapter 17, Part 8, Rocky
941 Mountain Center for Occupational and Environmental Health.
942 (b) "Qualified donation" means a donation that is:
943 (i) cash;
944 (ii) given directly to an occupational health and safety center; and
945 (iii) given exclusively for the purpose of:
946 (A) supporting graduate level education and training in fields of:
947 (I) safety and ergonomics;
948 (II) industrial hygiene;
949 (III) occupational health nursing; and
950 (IV) occupational medicine;
951 (B) providing continuing education programs for employers designed to promote
952 workplace safety; and
953 (C) paying reasonable administrative, personnel, equipment, and overhead costs of the
954 occupational health and safety center.
955 (c) "Self-insured employer" is a self-insured employer as defined in Section
956 34A-2-201.5 that is required to pay the assessment imposed under Section 34A-2-202 .
957 (2) (a) A self-insured employer may offset against the assessment imposed under
958 Section 34A-2-202 an amount equal to the lesser of:
959 (i) the total of qualified donations made by the self-insured employer in the calendar
960 year for which the assessment is calculated; and
961 (ii) .10% of the self-insured employer's total calculated premium calculated under
962 Subsection 34A-2-202 (1)(d) for the calendar year for which the assessment is calculated.
963 (b) The offset provided under this Subsection (2) shall be allocated in proportion to the
964 percentages provided in Subsection 59-9-101 (2)(c).
965 (3) An occupational health and safety center shall:
966 (a) provide a self-insured employer a receipt for any qualified donation made by the
967 self-insured employer to the occupational health and safety center;
968 (b) expend [
969 (i) for the purposes described in Subsection (1)(b)(iii); and
970 (ii) in a manner that can be audited to ensure that the [
971 for the purposes described in Subsection (1)(b)(iii); and
972 (c) in conjunction with the report required by Section 59-9-102.5 , report to the
973 Legislature through the Office of the Legislative Fiscal Analyst by no later than July 1 of each
974 year:
975 (i) the qualified donations received by the occupational health and safety center in the
976 previous calendar year; and
977 (ii) the expenditures during the previous calendar year of qualified donations received
978 by the occupational health and safety center.
979 Section 24. Section 34A-2-704 is amended to read:
980 34A-2-704. Uninsured Employers' Fund.
981 (1) (a) There is created an Uninsured Employers' Fund. The Uninsured Employers'
982 Fund has the purpose of assisting in the payment of workers' compensation benefits to a person
983 entitled to the benefits, if:
984 (i) that person's employer:
985 (A) is individually, jointly, or severally liable to pay the benefits; and
986 (B) (I) becomes or is insolvent;
987 (II) appoints or has appointed a receiver; or
988 (III) otherwise does not have sufficient funds, insurance, sureties, or other security to
989 cover workers' compensation liabilities; and
990 (ii) the employment relationship between that person and the person's employer is
991 localized within the state as provided in Subsection (20).
992 (b) The Uninsured Employers' Fund succeeds to [
993 Default Indemnity Fund.
994 (c) If it becomes necessary to pay benefits, the Uninsured Employers' Fund is liable for
995 the obligations of the employer set forth in this chapter and Chapter 3, Utah Occupational
996 Disease Act, with the exception of a penalty on those obligations.
997 (2) (a) [
998 Uninsured Employers' Fund in accordance with this chapter and Subsection 59-9-101 (2).
999 (b) The commissioner shall appoint an administrator of the Uninsured Employers'
1000 Fund.
1001 (c) (i) The state treasurer is the custodian of the Uninsured Employers' Fund.
1002 (ii) The administrator shall make provisions for and direct distribution from the
1003 Uninsured Employers' Fund.
1004 (3) Reasonable costs of administering the Uninsured Employers' Fund or other fees
1005 required to be paid by the Uninsured Employers' Fund may be paid from the Uninsured
1006 Employers' Fund.
1007 (4) The state treasurer shall:
1008 (a) receive workers' compensation premium assessments from the State Tax
1009 Commission; and
1010 (b) invest the Uninsured Employers' Fund to ensure maximum investment return for
1011 both long and short term investments in accordance with Section 51-7-12.5 .
1012 (5) (a) The administrator may employ, retain, or appoint counsel to represent the
1013 Uninsured Employers' Fund in a proceeding brought to enforce a claim against or on behalf of
1014 the Uninsured Employers' Fund.
1015 (b) If requested by the commission, the following shall aid in the representation of the
1016 Uninsured Employers' Fund:
1017 (i) the attorney general; or
1018 (ii) the city attorney, or county attorney of the locality in which:
1019 (A) an investigation, hearing, or trial under this chapter or Chapter 3, Utah
1020 Occupational Disease Act, is pending;
1021 (B) the employee resides; or
1022 (C) an employer:
1023 (I) resides; or
1024 (II) is doing business.
1025 (c) (i) Notwithstanding Title 63A, Chapter 8, Office of State Debt Collection, the
1026 administrator shall provide for the collection of [
1027 Uninsured Employers' Fund under this chapter and Chapter 3, Utah Occupational Disease Act.
1028 (ii) To comply with Subsection (5)(c)(i), the administrator may:
1029 (A) take appropriate action, including docketing an award in a manner consistent with
1030 Section 34A-2-212 ; and
1031 (B) employ counsel and other personnel necessary to collect the [
1032 described in Subsection (5)(c)(i).
1033 (6) To the extent of the compensation and other benefits paid or payable to or on behalf
1034 of an employee or the employee's dependents from the Uninsured Employers' Fund, the
1035 Uninsured Employers' Fund, by subrogation, has the rights, powers, and benefits of the
1036 employee or the employee's dependents against the employer failing to make the compensation
1037 payments.
1038 (7) (a) The receiver, trustee, liquidator, or statutory successor of an employer meeting a
1039 condition listed in Subsection (1)(a)(i)(B) is bound by a settlement of a covered claim by the
1040 Uninsured Employers' Fund.
1041 (b) A court with jurisdiction shall grant a payment made under this section a priority
1042 equal to that to which the claimant would have been entitled in the absence of this section
1043 against the assets of the employer meeting a condition listed in Subsection (1)(a)(i)(B).
1044 (c) The expenses of the Uninsured Employers' Fund in handling a claim shall be
1045 accorded the same priority as the liquidator's expenses.
1046 (8) (a) The administrator shall periodically file the information described in Subsection
1047 (8)(b) with the receiver, trustee, or liquidator of:
1048 (i) an employer that meets a condition listed in Subsection (1)(a)(i)(B);
1049 (ii) a public agency insurance mutual, as defined in Section 31A-1-103 , that meets a
1050 condition listed in Subsection (1)(a)(i)(B); or
1051 (iii) an insolvent insurance carrier.
1052 (b) The information required to be filed under Subsection (8)(a) is:
1053 (i) a statement of the covered claims paid by the Uninsured Employers' Fund; and
1054 (ii) an estimate of anticipated claims against the Uninsured Employers' Fund.
1055 (c) A filing under this Subsection (8) preserves the rights of the Uninsured Employers'
1056 Fund for claims against the assets of the employer that meets a condition listed in Subsection
1057 (1)(a)(i)(B).
1058 (9) When an injury or death for which compensation is payable from the Uninsured
1059 Employers' Fund has been caused by the wrongful act or neglect of another person not in the
1060 same employment, the Uninsured Employers' Fund has the same rights as allowed under
1061 Section 34A-2-106 .
1062 (10) The Uninsured Employers' Fund, subject to approval of the administrator, shall
1063 discharge its obligations by:
1064 (a) adjusting its own claims; or
1065 (b) contracting with an adjusting company, risk management company, insurance
1066 company, or other company that has expertise and capabilities in adjusting and paying workers'
1067 compensation claims.
1068 (11) (a) For the purpose of maintaining the Uninsured Employers' Fund, an
1069 administrative law judge, upon rendering a decision with respect to a claim for workers'
1070 compensation benefits in which an employer that meets a condition listed in Subsection
1071 (1)(a)(i)(B) is duly joined as a party, shall:
1072 (i) order the employer that meets a condition listed in Subsection (1)(a)(i)(B) to
1073 reimburse the Uninsured Employers' Fund for the benefits paid to or on behalf of an injured
1074 employee by the Uninsured Employers' Fund along with interest, costs, and attorney fees; and
1075 (ii) impose a penalty against the employer that meets a condition listed in Subsection
1076 (1)(a)(i)(B):
1077 (A) of 15% of the value of the total award in connection with the claim; and
1078 (B) that shall be deposited into the Uninsured Employers' Fund.
1079 (b) An award under this Subsection (11) shall be collected by the administrator in
1080 accordance with Subsection (5)(c).
1081 (12) The state, the commission, and the state treasurer, with respect to payment of
1082 compensation benefits, expenses, fees, or disbursement properly chargeable against the
1083 Uninsured Employers' Fund:
1084 (a) are liable only to the assets in the Uninsured Employers' Fund; and
1085 (b) are not otherwise in any way liable for the making of a payment.
1086 (13) The commission may make reasonable rules for the processing and payment of a
1087 claim for compensation from the Uninsured Employers' Fund.
1088 (14) (a) (i) If it becomes necessary for the Uninsured Employers' Fund to pay benefits
1089 under this section to an employee described in Subsection (14)(a)(ii), the Uninsured Employers'
1090 Fund may assess all other self-insured employers amounts necessary to pay:
1091 (A) the obligations of the Uninsured Employers' Fund subsequent to a condition listed
1092 in Subsection (1)(a)(i)(B) occurring;
1093 (B) the expenses of handling covered a claim subsequent to a condition listed in
1094 Subsection (1)(a)(i)(B) occurring;
1095 (C) the cost of an examination under Subsection (15); and
1096 (D) other expenses authorized by this section.
1097 (ii) This Subsection (14) applies to benefits paid to an employee of:
1098 (A) a self-insured employer, as defined in Section 34A-2-201.5 , that meets a condition
1099 listed in Subsection (1)(a)(i)(B); or
1100 (B) if the self-insured employer that meets a condition described in Subsection
1101 (1)(a)(i)(B) is a public agency insurance mutual, a member of the public agency insurance
1102 mutual.
1103 (b) The assessments of a self-insured employer shall be in the proportion that the
1104 manual premium of the self-insured employer for the preceding calendar year bears to the
1105 manual premium of all self-insured employers for the preceding calendar year.
1106 (c) A self-insured employer shall be notified of the self-insured employer's assessment
1107 not later than 30 days before the day on which the assessment is due.
1108 (d) (i) A self-insured employer may not be assessed in any year an amount greater than
1109 2% of that self-insured employer's manual premium for the preceding calendar year.
1110 (ii) If the maximum assessment does not provide in a year an amount sufficient to
1111 make all necessary payments from the Uninsured Employers' Fund for one or more self-insured
1112 employers that meet a condition listed in Subsection (1)(a)(i)(B), the unpaid portion shall be
1113 paid as soon as [
1114 (e) A self-insured employer is liable under this section for a period not to exceed three
1115 years after the day on which the Uninsured Employers' Fund first pays benefits to an employee
1116 described in Subsection (14)(a)(ii) for the self-insured employer that meets a condition listed in
1117 Subsection (1)(a)(i)(B).
1118 (f) This Subsection (14) does not apply to a claim made against a self-insured employer
1119 that meets a condition listed in Subsection (1)(a)(i)(B) if the condition listed in Subsection
1120 (1)(a)(i)(B) occurred before July 1, 1986.
1121 (15) (a) The following shall notify the division of any information indicating that any
1122 of the following may be insolvent or in a financial condition hazardous to its employees or the
1123 public:
1124 (i) a self-insured employer; or
1125 (ii) if the self-insured employer is a public agency insurance mutual, a member of the
1126 public agency insurance mutual.
1127 (b) Upon receipt of the notification described in Subsection (15)(a) and with good
1128 cause appearing, the division may order an examination of:
1129 (i) that self-insured employer; or
1130 (ii) if the self-insured employer is a public agency insurance mutual, a member of the
1131 public agency mutual.
1132 (c) The cost of the examination ordered under Subsection (15)(b) shall be assessed
1133 against all self-insured employers as provided in Subsection (14).
1134 (d) The results of the examination ordered under Subsection (15)(b) shall be kept
1135 confidential.
1136 (16) (a) In a claim against an employer by the Uninsured Employers' Fund, or by or on
1137 behalf of the employee to whom or to whose dependents compensation and other benefits are
1138 paid or payable from the Uninsured Employers' Fund, the burden of proof is on the employer or
1139 other party in interest objecting to the claim.
1140 (b) A claim described in Subsection (16)(a) is presumed to be valid up to the full
1141 amount of workers' compensation benefits claimed by the employee or the employee's
1142 dependents.
1143 (c) This Subsection (16) applies whether the claim is filed in court or in an adjudicative
1144 proceeding under the authority of the commission.
1145 (17) A partner in a partnership or an owner of a sole proprietorship may not recover
1146 compensation or other benefits from the Uninsured Employers' Fund if:
1147 (a) the person is not included as an employee under Subsection 34A-2-104 (3); or
1148 (b) the person is included as an employee under Subsection 34A-2-104 (3), but:
1149 (i) the person's employer fails to insure or otherwise provide adequate payment of
1150 direct compensation; and
1151 (ii) the failure described in Subsection (17)(b)(i) is attributable to an act or omission
1152 over which the person had or shared control or responsibility.
1153 (18) A director or officer of a corporation may not recover compensation or other
1154 benefits from the Uninsured Employers' Fund if the director or officer is excluded from
1155 coverage under Subsection 34A-2-104 (4).
1156 (19) The Uninsured Employers' Fund:
1157 (a) shall be:
1158 (i) used in accordance with this section only for:
1159 (A) the purpose of assisting in the payment of workers' compensation benefits in
1160 accordance with Subsection (1); and
1161 (B) in accordance with Subsection (3), payment of:
1162 (I) reasonable costs of administering the Uninsured Employers' Fund; or
1163 (II) fees required to be paid by the Uninsured Employers' Fund; and
1164 (ii) expended according to processes that can be verified by audit; and
1165 (b) may not be used for:
1166 (i) administrative costs unrelated to the Uninsured Employers' Fund; or
1167 (ii) an activity of the commission other than an activity described in Subsection (19)(a).
1168 (20) (a) For purposes of Subsection (1), an employment relationship is localized in the
1169 state if:
1170 (i) (A) the employer who is liable for the benefits has a business premise in the state;
1171 and
1172 (B) (I) the contract for hire is entered into in the state; or
1173 (II) the employee regularly performs work duties in the state for the employer who is
1174 liable for the benefits; or
1175 (ii) the employee is:
1176 (A) a resident of the state; and
1177 (B) regularly performs work duties in the state for the employer who is liable for the
1178 benefits.
1179 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1180 commission shall by rule define what constitutes regularly performing work duties in the state.
1181 Section 25. Section 35A-3-116 is amended to read:
1182 35A-3-116. Restricted special revenue fund -- Use of money -- Committee and
1183 director duties -- Restrictions.
1184 (1) There is created a restricted special revenue fund, known as the "Refugee Services
1185 Fund," hereafter referred to in this section as "the fund."
1186 (2) The director or the director's designee, hereafter referred to in this section as the
1187 director, shall administer the fund with input from the Department of Community and Culture,
1188 including any advisory committees within the Department of Community and Culture that deal
1189 with refugee services issues.
1190 (3) (a) Money shall be deposited into the fund from numerous sources, including
1191 federal grants, private foundations, and individual donors.
1192 (b) The director shall encourage a refugee who receives services from activities funded
1193 under Subsection (8) to become a donor to the fund once the refugee's financial situation
1194 improves to the point where the refugee is capable of making a donation.
1195 (4) The director may not expend [
1196 to a specific use under federal law or by donors without input from the Department of
1197 Community and Culture, either directly or through an advisory committee identified in
1198 Subsection (2).
1199 (5) The state treasurer shall invest the [
1200 Chapter 7, State Money Management Act, and all interest or other earnings derived from the
1201 fund [
1202 (6) The [
1203 expenses.
1204 (7) If the Department of Community and Culture establishes a refugee services
1205 advisory committee referred to in Subsection (2), that committee may:
1206 (a) advise the director on refugee services needs in the state and on relevant operational
1207 aspects of any grant or revenue collection program established under this part;
1208 (b) recommend specific refugee projects to the director;
1209 (c) recommend policies and procedures for administering the fund;
1210 (d) make recommendations on grants made from the fund for any of the refugee
1211 services activities authorized under this section;
1212 (e) advise the director on the criteria by which grants shall be made from the fund;
1213 (f) recommend the order in which approved projects would be funded;
1214 (g) make recommendations regarding the distribution of money from the fund in
1215 accordance with the procedures, conditions, and restrictions placed upon [
1216 the fund by donors; and
1217 (h) have joint responsibility to solicit public and private funding for the fund.
1218 (8) The director may use fund [
1219 (a) train an existing refugee organization to develop its capacity to operate
1220 professionally and effectively and to become an independent, viable organization; or
1221 (b) provide grants to an existing refugee organization and other entities identified in
1222 Subsection (9) to assist them:
1223 (i) with case management;
1224 (ii) in meeting emergency housing needs for refugees;
1225 (iii) in providing English language services;
1226 (iv) in providing interpretive services;
1227 (v) in finding and maintaining employment for refugees;
1228 (vi) in collaborating with the state's public education system to improve the
1229 involvement of refugee parents in assimilating their children into public schools;
1230 (vii) in meeting the health and mental health needs of refugees;
1231 (viii) in providing or arranging for child care services; or
1232 (ix) in administering refugee services.
1233 (9) In addition to Subsection (8), the director with advice from the Department of
1234 Community and Culture or its refugee services advisory committee, if one is created, may grant
1235 fund money for refugee services outlined in Subsection (8) through a request for proposal
1236 process to:
1237 (a) local governments;
1238 (b) nonprofit community, charitable, or neighborhood-based organizations or private
1239 for profit organizations that deal solely or in part with providing or arranging for the provision
1240 of refugee services; or
1241 (c) regional or statewide nonprofit organizations.
1242 (10) The director shall enter into a written agreement with each successful grant
1243 applicant that has specific terms for each grant consistent with the provisions of this section
1244 that includes the structure, amount, and nature of the grant.
1245 (11) The director shall monitor the activities of the recipients of grants issued from the
1246 fund on an annual basis to ensure compliance with the terms and conditions imposed on the
1247 recipient by the fund.
1248 (12) An entity receiving a grant shall provide the director with periodic accounting of
1249 how the [
1250 (13) By November 1 of each year the director shall make an annual report to the
1251 Workforce Services and Community and Economic Development Interim Committee regarding
1252 the status of the fund and the programs and services funded by the fund.
1253 Section 26. Section 35A-3-205 is amended to read:
1254 35A-3-205. Creation of committee.
1255 (1) There is created a Child Care Advisory Committee.
1256 (2) The committee shall counsel and advise the office in fulfilling its statutory
1257 obligations to include:
1258 (a) a review of and recommendations on the office's annual budget;
1259 (b) recommendations on how the office might best respond to child care needs
1260 throughout the state; and
1261 (c) recommendations on the use of new [
1262 office, including those for the Child Care Fund.
1263 (3) The committee is composed of the following members, with special attention given
1264 to insure diversity and representation from both urban and rural groups:
1265 (a) one expert in early childhood development;
1266 (b) one child care provider who operates a center;
1267 (c) one child care provider who operates a family child care business;
1268 (d) one parent who is representative of households receiving a child care subsidy from
1269 the office;
1270 (e) one representative from the public at-large;
1271 (f) one representative of the State Office of Education;
1272 (g) one representative of the Department of Health;
1273 (h) one representative of the Department of Human Services;
1274 (i) one representative of the Department of Community and Culture;
1275 (j) two representatives from the corporate community, one who is a recent "Family
1276 Friendly" award winner and who received the award because of efforts in the child care arena;
1277 (k) two representatives from the small business community;
1278 (l) one representative from child care advocacy groups;
1279 (m) one representative of children with disabilities;
1280 (n) one representative from the state Head Start Association appointed by the
1281 association;
1282 (o) one representative from each child care provider association; and
1283 (p) one representative of a child care resource and referral center appointed by the
1284 organization representing child care resource and referral agencies.
1285 (4) (a) The executive director shall appoint the members designated in Subsections
1286 (3)(a) through (e) and (j) through (n).
1287 (b) The head of the respective departments shall appoint the members referred to in
1288 Subsections (3)(f) through (i).
1289 (c) Each child care provider association shall appoint its respective member referred to
1290 in Subsection (3)(o).
1291 (5) (a) Except as required by Subsection (5)(b), as terms of current committee members
1292 expire, the appointing authority shall appoint each new member or reappointed member to a
1293 four-year term.
1294 (b) Notwithstanding the requirements of Subsection (5)(a), the appointing authority
1295 shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
1296 terms of committee members are staggered so that approximately half of the committee is
1297 appointed every two years.
1298 (6) When a vacancy occurs in the membership for any reason, including missing three
1299 consecutive meetings where the member has not been excused by the chair prior to or during
1300 the meeting, the replacement shall be appointed for the unexpired term.
1301 (7) A majority of the members constitutes a quorum for the transaction of business.
1302 (8) (a) The executive director shall select a chair from the committee membership.
1303 (b) A chair may serve no more than two one-year terms as chair.
1304 (9) A member may not receive compensation or benefits for the member's service, but
1305 may receive per diem and travel expenses in accordance with:
1306 (a) Section 63A-3-106 ;
1307 (b) Section 63A-3-107 ; and
1308 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1309 63A-3-107 .
1310 Section 27. Section 35A-3-206 is amended to read:
1311 35A-3-206. Restricted special revenue fund -- Use of money -- Committee and
1312 director duties -- Restrictions.
1313 (1) There is created a restricted special revenue fund known as the "Child Care Fund."
1314 (2) The director of the office shall administer the fund under the direction of the
1315 committee.
1316 (3) (a) The office may form nonprofit corporations or foundations controlled by the
1317 director of the office and the committee to aid and assist the office in attaining its charitable,
1318 research, and educational objectives.
1319 (b) The nonprofit corporations or foundations may receive and administer Legislative
1320 appropriations, government grants, contracts, and private gifts to carry out their public
1321 purposes.
1322 (c) [
1323 deposited in the Child Care Fund.
1324 (d) A nonprofit foundation controlled by the director of the office and the committee
1325 shall submit to the Division of Finance, within 60 days after the close of the foundation's fiscal
1326 year, a financial report summarizing the foundation's financial position and results of
1327 operations of the most recent fiscal year.
1328 (4) (a) There shall be deposited into the fund money from numerous sources, including,
1329 grants, private foundations, and individual donors.
1330 (b) The fund shall be used to accept [
1331 initiatives improving the quality, affordability, or accessibility of child care.
1332 (5) The [
1333 federal law or by donors may not be expended without approval of the committee.
1334 (6) The state treasurer shall invest the [
1335 Chapter 7, State Money Management Act, except that all interest or other earnings derived
1336 from the fund [
1337 (7) The [
1338 office normally provided for by legislative appropriation.
1339 (8) The committee shall:
1340 (a) advise the director of the office on child care needs in the state and on relevant
1341 operational aspects of any grant, loan, or revenue collection program established under this
1342 part;
1343 (b) recommend specific child care projects to the director of the office;
1344 (c) recommend policy and procedures for administering the fund;
1345 (d) make recommendations on grants, loans, or contracts from the fund for any of the
1346 child care activities authorized under this part;
1347 (e) establish the criteria by which loans and grants will be made;
1348 (f) determine the order in which approved child care projects will be funded;
1349 (g) make recommendations regarding the distribution of money from the fund in
1350 accordance with the procedures, conditions, and restrictions placed upon the [
1351 by the donors; and
1352 (h) have joint responsibility with the office to solicit public and private funding for the
1353 fund.
1354 (9) Fund [
1355 (a) training of child care providers;
1356 (b) scholarships and grants for child care providers' professional development;
1357 (c) child care public awareness and consumer education services;
1358 (d) child care provider recruitment;
1359 (e) Office of Child Care sponsored activities;
1360 (f) matching money for obtaining grants; or
1361 (g) other activities that will assist in the improvement of child care quality,
1362 affordability, or accessibility.
1363 (10) The director of the office, with the consent of the committee and the executive
1364 director, may grant, lend, or contract fund money for child care purposes to:
1365 (a) local governments;
1366 (b) nonprofit community, charitable, or neighborhood-based organizations;
1367 (c) regional or statewide nonprofit organizations; or
1368 (d) child care providers.
1369 (11) Preference may be given but awards may not be limited to applicants for fund
1370 [
1371 (a) programmatic or financial need;
1372 (b) diversity of clientele or geographic location; and
1373 (c) coordination with or enhancement of existing services.
1374 (12) The executive director or the executive director's designee shall monitor the
1375 activities of the recipients of grants, loans, or contracts issued from the fund on an annual basis
1376 to ensure compliance with the terms and conditions imposed on the recipient by the fund.
1377 (13) The entities receiving grants, loans, or contracts shall provide the director of the
1378 office with an annual accounting of how the [
1379 [
1380 (14) (a) The director of the office shall make an annual report to the committee
1381 regarding the status of the fund and the programs and services funded by the fund.
1382 (b) The report shall be included as a component of the report to the Legislature
1383 required under Subsection 35A-3-203 (11).
1384 Section 28. Section 35A-4-107 is amended to read:
1385 35A-4-107. Limit of liability -- State -- Department.
1386 (1) Benefits shall be considered to be due and payable under this chapter only to the
1387 extent provided in this chapter and to the extent that [
1388 credit of the Unemployment Compensation Fund.
1389 (2) The state, the department, or any division of the department may not be held liable
1390 for any amount that exceeds the [
1391 Compensation Fund.
1392 Section 29. Section 35A-4-303 is amended to read:
1393 35A-4-303. Determination of contribution rates.
1394 (1) (a) An employer's basic contribution rate is the same as the employer's benefit ratio,
1395 determined by dividing the total benefit costs charged back to an employer during the
1396 immediately preceding four fiscal years by the total taxable wages of the employer for the same
1397 time period, calculated to four decimal places, disregarding the remaining fraction, if any.
1398 (b) In calculating the basic contribution rate under Subsection (1)(a):
1399 (i) if four fiscal years of data are not available, the data of three fiscal years shall be
1400 divided by the total taxable wages for the same time period;
1401 (ii) if three fiscal years of data are not available, the data of two fiscal years shall be
1402 divided by the total taxable wages for the same time period; or
1403 (iii) if two fiscal years of data are not available, the data of one fiscal year shall be
1404 divided by the total taxable wages for the same time period.
1405 (2) (a) In calculating the social contribution rate under Subsection (2)(b) or (c):
1406 (i) if four fiscal years of data are not available, the data of three fiscal years shall be
1407 divided by the total taxable wages for the same time period; or
1408 (ii) if three fiscal years of data are not available, the data of two fiscal years shall be
1409 divided by the total taxable wages for the same time period.
1410 (b) Beginning January 1, 2005, the division shall calculate the social contribution rate
1411 by dividing all social costs as defined in Subsection 35A-4-307 (1) applicable to the preceding
1412 four fiscal years by the total taxable wages of all employers subject to contributions for the
1413 same period, calculated to four decimal places, disregarding any remaining fraction.
1414 (c) Beginning January 1, 2009, the division shall calculate the social contribution rate
1415 by dividing all social costs as defined in Subsection 35A-4-307 (1) applicable to the preceding
1416 four fiscal years by the total taxable wages of all employers subject to contributions for the
1417 same period, calculated to four decimal places, disregarding any remaining fraction, and
1418 rounded to three decimal places, disregarding any further fraction, if the fourth decimal place is
1419 .0004 or less, or rounding up to the next higher number, if the fourth decimal place is .0005 or
1420 more.
1421 (3) (a) Beginning January 1, 2000, the division shall by administrative decision set the
1422 reserve factor at a rate that shall sustain an adequate reserve.
1423 (b) For the purpose of setting the reserve factor:
1424 (i) (A) the adequate reserve is defined as between 17 and 19 months of benefits at the
1425 average of the five highest benefit cost rates in the last 25 years;
1426 (B) beginning January 1, 2009, the adequate reserve is defined as between 18 and 24
1427 months of benefits at the average of the five highest benefit cost rates in the last 25 years;
1428 (ii) the reserve factor shall be 1.0000 if the actual reserve fund balance as of June 30
1429 preceding the computation date is determined to be an adequate reserve;
1430 (iii) the reserve factor will be set between 0.5000 and 1.0000 if the actual reserve fund
1431 balance as of June 30 preceding the computation date is greater than the adequate reserve;
1432 (iv) the reserve factor will be set between 1.0000 and 1.5000 if the actual reserve fund
1433 balance as of June 30 prior to the computation date is less than the adequate reserve;
1434 (v) if the actual reserve fund balance as of June 30 preceding the computation date is
1435 insolvent or negative or if there is an outstanding loan from the Federal Unemployment
1436 Account, the reserve factor will be set at 2.0000 until the actual reserve fund balance as of June
1437 30 preceding the computation date is determined to be an adequate reserve;
1438 (vi) the reserve factor will be set on or before January 1 of each year; and
1439 (vii) [
1440 Security Act, as amended, which [
1441 considered in establishing the reserve factor under this section for the rate year 2005 or any
1442 subsequent rate year.
1443 (4) (a) On or after January 1, 2004, an employer's overall contribution rate is the
1444 employer's basic contribution rate multiplied by the reserve factor established according to
1445 Subsection (3), calculated to four decimal places, disregarding the remaining fraction, plus the
1446 social contribution rate established according to Subsection (2), and calculated to three decimal
1447 places, disregarding the remaining fraction, but not more than a maximum overall contribution
1448 rate of 9.0%, plus the applicable social contribution rate and not less than 1.1% for new
1449 employers.
1450 (b) Beginning January 1, 2009, an employer's overall contribution rate is the employer's
1451 basic contribution rate multiplied by the reserve factor established according to Subsection
1452 (3)(b), calculated to four decimal places, disregarding the remaining fraction, plus the social
1453 contribution rate established according to Subsection (2), and calculated to three decimal
1454 places, disregarding the remaining fraction, but not more than a maximum overall contribution
1455 rate of 9%, plus the applicable social contribution rate and not less than 1.1% for new
1456 employers.
1457 (c) The overall contribution rate does not include the addition of any penalty applicable
1458 to an employer as a result of delinquency in the payment of contributions as provided in
1459 Subsection (9).
1460 (d) The overall contribution rate does not include the addition of any penalty applicable
1461 to an employer assessed a penalty rate under Subsection 35A-4-304 (5)(a).
1462 (5) Except as provided in Subsection (9), each new employer shall pay a contribution
1463 rate based on the average benefit cost rate experienced by employers of the major industry as
1464 defined by department rule to which the new employer belongs, the basic contribution rate to
1465 be determined as follows:
1466 (a) Except as provided in Subsection (5)(b), by January 1 of each year, the basic
1467 contribution rate to be used in computing the employer's overall contribution rate is the benefit
1468 cost rate which is the greater of:
1469 (i) the amount calculated by dividing the total benefit costs charged back to both active
1470 and inactive employers of the same major industry for the last two fiscal years by the total
1471 taxable wages paid by those employers that were paid during the same time period, computed
1472 to four decimal places, disregarding the remaining fraction, if any; or
1473 (ii) 1%.
1474 (b) If the major industrial classification assigned to a new employer is an industry for
1475 which a benefit cost rate does not exist because the industry has not operated in the state or has
1476 not been covered under this chapter, the employer's basic contribution rate shall be 5.4%. This
1477 basic contribution rate is used in computing the employer's overall contribution rate.
1478 (6) Notwithstanding any other provision of this chapter, and except as provided in
1479 Subsection (7), if an employing unit that moves into this state is declared to be a qualified
1480 employer because it has sufficient payroll and benefit cost experience under another state, a
1481 rate shall be computed on the same basis as a rate is computed for all other employers subject
1482 to this chapter if that unit furnishes adequate records on which to compute the rate.
1483 (7) An employer who begins to operate in this state after having operated in another
1484 state shall be assigned the maximum overall contribution rate until the employer acquires
1485 sufficient experience in this state to be considered a "qualified employer" if the employer is:
1486 (a) regularly engaged as a contractor in the construction, improvement, or repair of
1487 buildings, roads, or other structures on lands;
1488 (b) generally regarded as being a construction contractor or a subcontractor specialized
1489 in some aspect of construction; or
1490 (c) required to have a contractor's license or similar qualification under Title 58,
1491 Chapter 55, Utah Construction Trades Licensing Act, or the equivalent in laws of another state.
1492 (8) (a) If an employer acquires the business or all or substantially all the assets of
1493 another employer and the other employer had discontinued operations upon the acquisition or
1494 transfers its trade or business, or a portion of its trade or business, under Subsection
1495 35A-4-304 (3)(a):
1496 (i) for purposes of determining and establishing the acquiring party's qualifications for
1497 an experience rating classification, the payrolls of both employers during the qualifying period
1498 shall be jointly considered in determining the period of liability with respect to:
1499 (A) the filing of contribution reports;
1500 (B) the payment of contributions; and
1501 (C) after January 1, 1985, the benefit costs of both employers;
1502 (ii) the transferring employer shall be divested of the transferring employer's
1503 unemployment experience provided the transferring employer had discontinued operations, but
1504 only to the extent as defined under Subsection 35A-4-304 (3)(c); and
1505 (iii) if an employer transfers its trade or business, or a portion of its trade or business,
1506 as defined under Subsection 35A-4-304 (3), the transferring employer may not be divested of its
1507 employer's unemployment experience.
1508 (b) An employing unit or prospective employing unit that acquires the unemployment
1509 experience of an employer shall, for all purposes of this chapter, be an employer as of the date
1510 of acquisition.
1511 (c) Notwithstanding Section 35A-4-310 , when a transferring employer, as provided in
1512 Subsection (8)(a), is divested of the employer's unemployment experience by transferring all of
1513 the employer's business to another and by ceasing operations as of the date of the transfer, the
1514 transferring employer shall cease to be an employer, as defined by this chapter, as of the date of
1515 transfer.
1516 (9) (a) A rate of less than 8% shall be effective January 1 of any contribution year on or
1517 after January 1, 1985, but before January 1, 1988, and a rate of less than the maximum overall
1518 contribution rate on or after January 1, 1988, only with respect to new employers and to those
1519 qualified employers who, except for amounts due under division determinations that have not
1520 become final, paid all contributions prescribed by the division with respect to the four
1521 consecutive calendar quarters in the fiscal year immediately preceding the computation date on
1522 or after January 1, 1985.
1523 (b) Notwithstanding Subsections (1), (5), (6), and (8), on or after January 1, 1988, an
1524 employer who fails to pay all contributions prescribed by the division with respect to the four
1525 consecutive calendar quarters in the fiscal year immediately preceding the computation date,
1526 except for amounts due under determinations that have not become final, shall pay a
1527 contribution rate equal to the overall contribution rate determined under the experience rating
1528 provisions of this chapter, plus a surcharge of 1% of wages.
1529 (c) An employer who pays all required contributions shall, for the current contribution
1530 year, be assigned a rate based upon the employer's own experience as provided under the
1531 experience rating provisions of this chapter effective the first day of the calendar quarter in
1532 which the payment was made.
1533 (d) Delinquency in filing contribution reports shall not be the basis for denial of a rate
1534 less than the maximum contribution rate.
1535 Section 30. Section 35A-4-507 is amended to read:
1536 35A-4-507. Authority to obtain money from state's account in federal
1537 unemployment trust fund -- Use and deposit.
1538 (1) Notwithstanding the provisions of Sections 35A-4-501 and 35A-4-506 , the
1539 department may requisition and receive from the state's account in the unemployment trust
1540 fund in the treasury of the United States the [
1541 may, consistent with conditions for approval of this chapter under the Federal Unemployment
1542 Tax Act, 26 U.S.C. 3301 et seq., be used for expenses of administering this chapter and to
1543 expend [
1544 (2) [
1545 Special Administrative Expense Account created by Section 35A-4-506 .
1546 Section 31. Section 36-24-101 is amended to read:
1547 36-24-101. Review of new programs and agencies.
1548 (1) When legislation is passed that creates a new program or agency, the legislative
1549 sponsor shall consider providing that the funding for the first fiscal year should be nonlapsing,
1550 with the option of continuing [
1551 (2) The legislative interim committee with oversight responsibility for the new program
1552 or agency:
1553 (a) shall hear the limited scope audit report prepared by the Office of Legislative
1554 Auditor General as provided in Section 36-12-15 on or before the committee's November
1555 meeting;
1556 (b) shall review each new program or agency on which it receives a report to assure
1557 that it is being implemented in a manner consistent with its statutory directive;
1558 (c) shall determine whether the statutory directive is being followed and whether any
1559 change in law is necessary and if a change in law is necessary, make that recommendation to
1560 the Legislature; and
1561 (d) may request the Office of Legislative Auditor General to conduct a more in-depth
1562 review of the program or agency.
1563 (3) The legislative appropriations subcommittee with oversight responsibility for the
1564 new program or agency:
1565 (a) shall hear the limited scope audit report prepared by the Office of Legislative
1566 Auditor General as provided in Section 36-12-15 on or before the committee's November
1567 meeting;
1568 (b) shall review each new program or agency on which it receives a report to
1569 determine whether the agency is appropriately using the funds provided; and
1570 (c) may request the Office of Legislative Auditor General to conduct a more in-depth
1571 review of the program or agency.
1572 Section 32. Section 38-11-102 is amended to read:
1573 38-11-102. Definitions.
1574 (1) "Board" means the Residence Lien Recovery Fund Advisory Board established
1575 under Section 38-11-104 .
1576 (2) "Certificate of compliance" means an order issued by the director to the owner
1577 finding that the owner is in compliance with the requirements of Subsections 38-11-204 (4)(a)
1578 and (4)(b) and is entitled to protection under Section 38-11-107 .
1579 (3) "Construction on an owner-occupied residence" means designing, engineering,
1580 constructing, altering, remodeling, improving, repairing, or maintaining a new or existing
1581 residence.
1582 (4) "Department" means the Department of Commerce.
1583 (5) "Director" means the director of the Division of Occupational and Professional
1584 Licensing.
1585 (6) "Division" means the Division of Occupational and Professional Licensing.
1586 (7) "Duplex" means a single building having two separate living units.
1587 (8) "Encumbered fund balance" means the aggregate amount of outstanding claims
1588 against the fund. The remainder of [
1589 funds.
1590 (9) "Executive director" means the executive director of the Department of Commerce.
1591 (10) "Factory built housing" is as defined in Section 58-56-3 .
1592 (11) "Factory built housing retailer" means a person that sells factory built housing to
1593 consumers.
1594 (12) "Fund" means the Residence Lien Recovery Fund established under Section
1595 38-11-201 .
1596 (13) "Laborer" means a person who provides services at the site of the construction on
1597 an owner-occupied residence as an employee of an original contractor or other qualified
1598 beneficiary performing qualified services on the residence.
1599 (14) "Licensee" means any holder of a license issued under Title 58, Chapters 3a,
1600 Architects Licensing Act, 22, Professional Engineers and Professional Land Surveyors
1601 Licensing Act, 53, Landscape Architects Licensing Act, and 55, Utah Construction Trades
1602 Licensing Act.
1603 (15) "Nonpaying party" means the original contractor, subcontractor, or real estate
1604 developer who has failed to pay the qualified beneficiary making a claim against the fund.
1605 (16) "Original contractor" means a person who contracts with the owner of real
1606 property or the owner's agent to provide services, labor, or material for the construction of an
1607 owner-occupied residence.
1608 (17) "Owner" means a person who:
1609 (a) contracts with a person who is licensed as a contractor or is exempt from licensure
1610 under Title 58, Chapter 55, Utah Construction Trades Licensing Act, for the construction on an
1611 owner-occupied residence upon real property owned by that person;
1612 (b) contracts with a real estate developer to buy a residence upon completion of the
1613 construction on the owner-occupied residence; or
1614 (c) buys a residence from a real estate developer after completion of the construction
1615 on the owner-occupied residence.
1616 (18) "Owner-occupied residence" means a residence that is, or after completion of the
1617 construction on the residence will be, occupied by the owner or the owner's tenant or lessee as a
1618 primary or secondary residence within 180 days from the date of the completion of the
1619 construction on the residence.
1620 (19) "Qualified beneficiary" means a person who:
1621 (a) provides qualified services;
1622 (b) pays necessary fees or assessments required under this chapter; and
1623 (c) registers with the division:
1624 (i) as a licensed contractor under Subsection 38-11-301 (1) or (2), if that person seeks
1625 recovery from the fund as a licensed contractor; or
1626 (ii) as a person providing qualified services other than as a licensed contractor under
1627 Subsection 38-11-301 (3) if the person seeks recovery from the fund in a capacity other than as
1628 a licensed contractor.
1629 (20) (a) "Qualified services" means the following performed in construction on an
1630 owner-occupied residence:
1631 (i) contractor services provided by a contractor licensed or exempt from licensure
1632 under Title 58, Chapter 55, Utah Construction Trades Licensing Act;
1633 (ii) architectural services provided by an architect licensed under Title 58, Chapter 3a,
1634 Architects Licensing Act;
1635 (iii) engineering and land surveying services provided by a professional engineer or
1636 land surveyor licensed or exempt from licensure under Title 58, Chapter 22, Professional
1637 Engineers and Professional Land Surveyors Licensing Act;
1638 (iv) landscape architectural services by a landscape architect licensed or exempt from
1639 licensure under Title 58, Chapter 53, Landscape Architects Licensing Act;
1640 (v) design and specification services of mechanical or other systems;
1641 (vi) other services related to the design, drawing, surveying, specification, cost
1642 estimation, or other like professional services;
1643 (vii) providing materials, supplies, components, or similar products;
1644 (viii) renting equipment or materials;
1645 (ix) labor at the site of the construction on the owner-occupied residence; and
1646 (x) site preparation, set up, and installation of factory built housing.
1647 (b) "Qualified services" do not include the construction of factory built housing in the
1648 factory.
1649 (21) "Real estate developer" means a person having an ownership interest in real
1650 property who:
1651 (a) contracts with a person who is licensed as a contractor or is exempt from licensure
1652 under Title 58, Chapter 55, Utah Construction Trades Licensing Act, for the construction of a
1653 residence that is offered for sale to the public; or
1654 (b) is a licensed contractor under Title 58, Chapter 55, Utah Construction Trades
1655 Licensing Act, who engages in the construction of a residence that is offered for sale to the
1656 public.
1657 (22) (a) "Residence" means an improvement to real property used or occupied, to be
1658 used or occupied as, or in conjunction with:
1659 (i) a primary or secondary detached single-family dwelling; or
1660 (ii) a multifamily dwelling up to and including duplexes.
1661 (b) "Residence" includes factory built housing.
1662 (23) "Subsequent owner" means a person who purchases a residence from an owner
1663 within 180 days from the date the construction on the residence is completed.
1664 Section 33. Section 40-6-14.5 is amended to read:
1665 40-6-14.5. Oil and Gas Conservation Account created -- Contents -- Use of
1666 account money.
1667 (1) There is created within the General Fund a restricted account known as the Oil and
1668 Gas Conservation Account.
1669 (2) The contents of the account shall consist of:
1670 (a) revenues from the fee levied under Section 40-6-14 , including any penalties or
1671 interest charged for delinquent payments; and
1672 (b) interest and earnings on account [
1673 (3) Account [
1674 (a) administration of this chapter; and
1675 (b) plugging and reclamation of abandoned oil or gas wells or bore, core, or
1676 exploratory holes for which:
1677 (i) there is no reclamation surety; or
1678 (ii) the forfeited surety is insufficient for plugging and reclamation.
1679 (4) Priority in the use of the [
1680 administration of this chapter.
1681 (5) Appropriations for plugging and reclamation of abandoned oil or gas wells or bore,
1682 core, or exploratory holes shall be nonlapsing.
1683 (6) The balance of the Oil and Gas Conservation Account at the end of a fiscal year
1684 may not exceed $750,000. Any excess [
1685 Fund.
1686 (7) (a) As used in this Subsection (7), "excess fee revenue" means revenue collected in
1687 fiscal year 1999-2000 from the fee levied under Section 40-6-14 that exceeds the fee revenue
1688 appropriated to the Division of Oil, Gas, and Mining in fiscal year 1999-2000.
1689 (b) If there is a General Fund surplus for fiscal year 1999-2000, the Division of Finance
1690 shall transfer General Fund surplus [
1691 in an amount up to the excess fee revenue.
1692 (c) The transfer provided in Subsection (7)(b) shall be made after General Fund surplus
1693 [
1694 Section 63J-1-312 .
1695 Section 34. Section 40-10-25.1 is amended to read:
1696 40-10-25.1. Abandoned Mine Reclamation Fund created -- Contents -- Use of
1697 money.
1698 (1) (a) There is created a restricted special revenue fund known as the "Abandoned
1699 Mine Reclamation Fund."
1700 (b) (i) The fund shall consist of the [
1701 (3).
1702 (ii) The [
1703 money of Subsection (3).
1704 (2) (a) [
1705 deposited into the Abandoned Mine Reclamation Fund:
1706 (i) recovered liens filed against privately owned land as provided by Section 40-10-28 ;
1707 (ii) fees for the use of reclaimed lands as provided by Section 40-10-28 ;
1708 (iii) fines collected for violations of this chapter or any rule or order issued under this
1709 chapter;
1710 (iv) donations designated for reclamation of abandoned mines; and
1711 (v) interest credited to the fund pursuant to Subsection (2)(b).
1712 (b) [
1713 treasurer and the income earned shall be credited to the Abandoned Mine Reclamation Fund,
1714 except interest income earned over $19,000 per year shall be credited to the General Fund.
1715 (c) The division may at any time expend [
1716 Subsection (2)(a) to accomplish the purposes of the abandoned mine reclamation program.
1717 (3) (a) (i) [
1718 Department of Interior, which [
1719 accordance with 30 U.S.C. Sec. 1232 et seq. shall be deposited in the Abandoned Mine
1720 Reclamation Fund.
1721 (ii) [
1722 invested by the state treasurer and the income earned shall be credited to the Abandoned Mine
1723 Reclamation Fund.
1724 (b) After August 3, 1992, the division shall use the [
1725 Abandoned Mine Reclamation Fund under this Subsection (3) to accomplish the purposes set
1726 forth in Sections 40-10-25 through 40-10-28.1 .
1727 (c) Except as provided in Subsection (3)(d), the [
1728 Abandoned Mine Reclamation Fund under this Subsection (3) shall be made available to the
1729 division through legislative appropriations.
1730 (d) The director of the division with the concurrence of the board may at any time
1731 expend [
1732 Subsection (3)(a) for any emergency requiring immediate reclamation.
1733 Section 35. Section 40-10-27 is amended to read:
1734 40-10-27. Entry upon land adversely affected by past coal mining practices --
1735 Conducting of studies or exploratory work -- State acquisition of land -- Lien -- Waste
1736 disposal fund -- Water pollution control and treatment plants.
1737 (1) (a) If the board, after notice and hearing, makes a finding of fact as provided in
1738 Subsection (1)(b), the agents, employees, or contractors of the division shall have the right to
1739 enter property adversely affected by past coal mining practices and any other property to have
1740 access to property adversely affected by past coal mining practices to do whatever is necessary
1741 or expedient to restore, reclaim, abate, control, or prevent the adverse effects.
1742 (b) The board shall find that:
1743 (i) land or water resources have been adversely affected by past coal mining practices;
1744 (ii) the adverse effects are at a stage where, in the public interest, action to restore,
1745 reclaim, abate, control, or prevent should be taken; and
1746 (iii) the owners of the land or water resources where entry must be made to restore,
1747 reclaim, abate, control, or prevent the adverse effects of past coal mining practices:
1748 (A) are not known;
1749 (B) are not readily available; or
1750 (C) will not give permission for the state or its political subdivisions, their agents,
1751 employees, or contractors to enter upon the property to restore, reclaim, abate, control, or
1752 prevent the adverse effects of past coal mining practices.
1753 (c) Notice of the division's right to enter the property shall be:
1754 (i) if the owners are known, given by mail; and
1755 (ii) if the owners are not known:
1756 (A) posted upon the premises; and
1757 (B) advertised:
1758 (I) once in a newspaper of general circulation in the county in which the land lies; and
1759 (II) as required in Section 45-1-101 .
1760 (d) This entry shall be construed as an exercise of the police power for the protection of
1761 public health, safety, and general welfare and may not be construed as an act of condemnation
1762 of property nor of trespass on it.
1763 (e) The [
1764 premises entered upon shall be chargeable against the land and shall mitigate or offset any
1765 claim in or any action brought by any owner of any interest in these premises for any alleged
1766 damages by virtue of the entry.
1767 (f) This Subsection (1) is not intended to create new rights of action or eliminate
1768 existing immunities.
1769 (2) (a) The agents, employees, or contractors of the division may enter upon any
1770 property for the purpose of conducting studies or exploratory work to determine the existence
1771 of adverse effects of past coal mining practices and to determine the feasibility of restoration,
1772 reclamation, abatement, control, or prevention of these adverse effects.
1773 (b) This entry shall be construed as an exercise of the police power for the protection of
1774 public health, safety, and general welfare and may not be construed as an act of condemnation
1775 of property or trespass on it.
1776 (3) The state may acquire any land by purchase, donation, or condemnation which is
1777 adversely affected by past coal mining practices if the board, after notice and hearing,
1778 determines that acquisition of this land is necessary to successful reclamation and that:
1779 (a) the acquired land, after restoration, reclamation, abatement, control, or prevention
1780 of the adverse effects of past coal mining practices, will serve recreation and historic purposes,
1781 conservation and reclamation purposes, or provide open space benefits; and
1782 (b) (i) permanent facilities such as a treatment plant or a relocated stream channel will
1783 be constructed on the land for the restoration, reclamation, abatement, control, or prevention of
1784 the adverse effects of past coal mining practices; or
1785 (ii) acquisitions of coal refuse disposal sites and all coal refuse on the sites will serve
1786 the purposes of this chapter or that public ownership is desirable to meet emergency situations
1787 and prevent recurrences of the adverse effects of past coal mining practices.
1788 (4) (a) Title to all lands acquired under this section shall be in the name of the state.
1789 (b) The price paid for land acquired under this section shall reflect the market value of
1790 the land as adversely affected by past coal mining practices.
1791 (5) (a) If land acquired under this section is considered suitable for industrial,
1792 commercial, residential, or recreational development, the division, in conjunction with the
1793 Division of Forestry, Fire, and State Lands, may sell this land by public sale under a system of
1794 competitive bidding, at not less than fair market value, and under any other rules promulgated
1795 to insure that the land is put to proper use consistent with local and state land use plans.
1796 (b) (i) The state, when requested after appropriate public notice, shall hold a public
1797 hearing with the appropriate notice, in the counties or appropriate political subdivisions of the
1798 state in which lands acquired under this section are located.
1799 (ii) The hearing shall be held at a time which shall afford local citizens and
1800 governments the maximum opportunity to participate in the decision concerning the use or
1801 disposition of the lands after restoration, reclamation, abatement, control, or prevention of the
1802 adverse effects of past coal mining practices.
1803 (6) (a) The state, through the division and the Division of Forestry, Fire, and State
1804 Lands, shall have the authority to accept lands acquired and reclaimed by the Secretary of the
1805 Interior pursuant to Section 407(h) of Public Law 95-87.
1806 (b) The division has the authority to accept grants from the Secretary to carry out the
1807 purposes of Section 407(h) of Public Law 95-87.
1808 (7) (a) Within six months after the completion of projects to restore, reclaim, abate,
1809 control, or prevent adverse effects of past coal mining practices on privately owned land, the
1810 division shall itemize the [
1811 in the office of the county recorder of the county in which the land lies, together with a
1812 notarized appraisal by an independent appraiser of the value of the land before the restoration,
1813 reclamation, abatement, control, or prevention of adverse effects of past coal mining practices
1814 if the [
1815 (b) This statement shall constitute a lien upon the land described in it.
1816 (c) The lien may not exceed the amount determined by the appraisal to be the increase
1817 in the market value of the land as a result of the restoration, reclamation, abatement, control, or
1818 prevention of the adverse effects of past coal mining practices.
1819 (d) A lien may not be filed against the property of any person, in accordance with this
1820 subsection who owned the surface prior to May 2, 1977, and who neither consented to nor
1821 participated in nor exercised control over the mining operation which necessitated the
1822 reclamation performed.
1823 (8) (a) The landowner may proceed to petition within 60 days after the filing of the lien
1824 to determine the increase in the market value of the land as a result of the restoration,
1825 reclamation, abatement, control, or prevention of the adverse effects of past coal mining
1826 practices.
1827 (b) The amount reported to be the increase in value of the premises shall constitute the
1828 amount of the lien and shall be recorded with the statement provided for in Subsection (7).
1829 (c) Any party aggrieved by the decision may appeal as provided by law.
1830 (9) (a) The lien provided in this section shall be recorded in the office of the county
1831 recorder of the county in which the land lies.
1832 (b) The statement shall constitute a lien upon the land as of the date of the expenditure
1833 of the [
1834 taxes imposed upon the land.
1835 (10) (a) The division may fill any voids, seal any abandoned tunnels, shafts, and
1836 entryways, and reclaim surface impacts of underground or surface mines which the division
1837 determines could endanger life and property, constitute a hazard to the public health and safety,
1838 or degrade the environment.
1839 (b) The division may make expenditures and carry out the purposes of this section
1840 without regard to the provisions of Subsections 40-10-25 (2) and (3) only after all reclamation
1841 with respect to abandoned coal lands or coal development impacts have been met, except for
1842 those reclamation projects relating to the protection of the public health or safety.
1843 (c) In those instances where mine waste piles are being reworked for conservation
1844 purposes, the incremental costs of disposing of the wastes from these operations by filling
1845 voids and sealing tunnels may be eligible for funding if the disposal of these wastes meets the
1846 purposes of this section.
1847 (d) The division may acquire by purchase, donation, easement, or otherwise those
1848 interests in land it determines necessary to carry out the provisions of this section.
1849 (11) (a) The division may request the attorney general, who is hereby authorized to
1850 initiate, in addition to any other remedies provided for in this chapter, in any court of
1851 competent jurisdiction, an action in equity for an injunction to restrain any interference with the
1852 exercise of the right to enter or to conduct any work provided in this section.
1853 (b) (i) The division, in conjunction with appropriate state agencies as determined in the
1854 rules, may construct and operate plants for the control and treatment of water pollution
1855 resulting from mine drainage.
1856 (ii) The extent of this control and treatment of water pollution may be dependent upon
1857 the ultimate use of the water.
1858 (iii) This Subsection (11) may not be construed to repeal or supersede any portion of
1859 the federal Water Pollution Control Act, 33 U.S.C. Sec. 1151 et seq., and no control or
1860 treatment under this Subsection (11) shall in any way be less than that required under the
1861 federal Water Pollution Control Act.
1862 (iv) The construction of a plant may include major interceptors and other facilities
1863 appurtenant to the plant.
1864 (c) The division may transfer funds to other appropriate state agencies, in order to carry
1865 out the reclamation activities authorized by this chapter.
1866 Section 36. Section 41-1a-422 is amended to read:
1867 41-1a-422. Support special group license plates -- Contributor -- Voluntary
1868 contribution collection procedures.
1869 (1) As used in this section:
1870 (a) (i) Except as provided in Subsection (1)(a)(ii), "contributor" means a person who
1871 has donated or in whose name at least $25 has been donated to:
1872 (A) a scholastic scholarship fund of a single named institution;
1873 (B) the Department of Veterans' Affairs for veterans' programs;
1874 (C) the Division of Wildlife Resources for the Wildlife Resources Account created in
1875 Section 23-14-13 , for conservation of wildlife and the enhancement, preservation, protection,
1876 access, and management of wildlife habitat;
1877 (D) the Department of Agriculture and Food for the benefit of conservation districts;
1878 (E) the Division of Parks and Recreation for the benefit of snowmobile programs;
1879 (F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
1880 the donation evenly divided between the two;
1881 (G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
1882 council as specified by the contributor;
1883 (H) No More Homeless Pets in Utah for distribution to organizations or individuals
1884 that provide spay and neuter programs that subsidize the sterilization of domestic animals;
1885 (I) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
1886 development programs;
1887 (J) the Utah Association of Public School Foundations to support public education;
1888 (K) the Utah Housing Opportunity Restricted Account created in Section 61-2-204 to
1889 assist people who have severe housing needs;
1890 (L) the Public Safety Honoring Heroes Restricted Account created in Section 53-1-118
1891 to support the families of fallen Utah Highway Patrol troopers and other Department of Public
1892 Safety employees;
1893 (M) the Division of Parks and Recreation for distribution to organizations that provide
1894 support for Zion National Park;
1895 (N) the Firefighter Support Restricted Account created in Section 53-7-109 to support
1896 firefighter organizations;
1897 (O) the Share the Road Bicycle Support Restricted Account created in Section
1898 72-2-127 to support bicycle operation and safety awareness programs;
1899 (P) the Cancer Research Restricted Account created in Section 26-21a-302 to support
1900 cancer research programs;
1901 (Q) Autism Awareness Restricted Account created in Section 53A-1-304 to support
1902 autism awareness programs; or
1903 (R) Humanitarian Service and Educational and Cultural Exchange Restricted Account
1904 created in Section 9-17-102 to support humanitarian service and educational and cultural
1905 programs.
1906 (ii) (A) For a veterans' special group license plate, "contributor" means a person who
1907 has donated or in whose name at least a $25 donation at the time of application and $10 annual
1908 donation thereafter has been made.
1909 (B) For a Utah Housing Opportunity special group license plate, "contributor" means a
1910 person who:
1911 (I) has donated or in whose name at least $30 has been donated at the time of
1912 application and annually after the time of application; and
1913 (II) is a member of a trade organization for real estate licensees that has more than
1914 15,000 Utah members.
1915 (C) For an Honoring Heroes special group license plate, "contributor" means a person
1916 who has donated or in whose name at least $35 has been donated at the time of application and
1917 annually thereafter.
1918 (D) For a firefighter support special group license plate, "contributor" means a person
1919 who:
1920 (I) has donated or in whose name at least $15 has been donated at the time of
1921 application and annually after the time of application; and
1922 (II) is a currently employed, volunteer, or retired firefighter.
1923 (E) For a cancer research special group license plate, "contributor" means a person who
1924 has donated or in whose name at least $35 has been donated at the time of application and
1925 annually after the time of application.
1926 (b) "Institution" means a state institution of higher education as defined under Section
1927 53B-3-102 or a private institution of higher education in the state accredited by a regional or
1928 national accrediting agency recognized by the United States Department of Education.
1929 (2) (a) An applicant for original or renewal collegiate special group license plates under
1930 Subsection (1)(a)(i) must be a contributor to the institution named in the application and
1931 present the original contribution verification form under Subsection (2)(b) or make a
1932 contribution to the division at the time of application under Subsection (3).
1933 (b) An institution with a support special group license plate shall issue to a contributor
1934 a verification form designed by the commission containing:
1935 (i) the name of the contributor;
1936 (ii) the institution to which a donation was made;
1937 (iii) the date of the donation; and
1938 (iv) an attestation that the donation was for a scholastic scholarship.
1939 (c) The state auditor may audit each institution to verify that the [
1940 collected by the institutions from contributors [
1941 (d) After an applicant has been issued collegiate license plates or renewal decals, the
1942 commission shall charge the institution whose plate was issued, a fee determined in accordance
1943 with Section 63J-1-504 for management and administrative expenses incurred in issuing and
1944 renewing the collegiate license plates.
1945 (e) If the contribution is made at the time of application, the contribution shall be
1946 collected, treated, and deposited as provided under Subsection (3).
1947 (3) (a) An applicant for original or renewal support special group license plates under
1948 this section must be a contributor to the sponsoring organization associated with the license
1949 plate.
1950 (b) This contribution shall be:
1951 (i) unless collected by the named institution under Subsection (2), collected by the
1952 division;
1953 (ii) considered a voluntary contribution for the funding of the activities specified under
1954 this section and not a motor vehicle registration fee;
1955 (iii) deposited into the appropriate account less actual administrative costs associated
1956 with issuing the license plates; and
1957 (iv) for a firefighter special group license plate, deposited into the appropriate account
1958 less:
1959 (A) the costs of reordering firefighter special group license plate decals; and
1960 (B) the costs of replacing recognition special group license plates with new license
1961 plates under Subsection 41-1a-1211 (13).
1962 (c) The donation described in Subsection (1)(a) must be made in the 12 months prior to
1963 registration or renewal of registration.
1964 (d) The donation described in Subsection (1)(a) shall be a one-time donation made to
1965 the division when issuing original:
1966 (i) snowmobile license plates; or
1967 (ii) conservation license plates.
1968 (4) Veterans' license plates shall display one of the symbols representing the Army,
1969 Navy, Air Force, Marines, Coast Guard, or American Legion.
1970 Section 37. Section 41-12a-803 is amended to read:
1971 41-12a-803. Program creation -- Administration -- Selection of designated agent
1972 -- Duties -- Rulemaking -- Audits.
1973 (1) There is created the Uninsured Motorist Identification Database Program to:
1974 (a) establish an Uninsured Motorist Identification Database to verify compliance with
1975 motor vehicle owner's or operator's security requirements under Section 41-12a-301 and other
1976 provisions under this part;
1977 (b) assist in reducing the number of uninsured motor vehicles on the highways of the
1978 state;
1979 (c) assist in increasing compliance with motor vehicle registration and sales and use tax
1980 laws;
1981 (d) assist in protecting a financial institution's bona fide security interest in a motor
1982 vehicle; and
1983 (e) assist in the identification and prevention of identity theft and other crimes.
1984 (2) The program shall be administered by the department with the assistance of the
1985 designated agent and the Motor Vehicle Division.
1986 (3) (a) The department shall contract in accordance with Title 63G, Chapter 6, Utah
1987 Procurement Code, with a third party to establish and maintain an Uninsured Motorist
1988 Identification Database for the purposes established under this part.
1989 (b) The contract may not obligate the department to pay the third party more [
1990 money than [
1991 (4) (a) The third party under contract under this section is the department's designated
1992 agent, and shall develop and maintain a computer database from the information provided by:
1993 (i) insurers under Section 31A-22-315 ;
1994 (ii) the division under Subsection (6); and
1995 (iii) the Motor Vehicle Division under Section 41-1a-120 .
1996 (b) (i) The database shall be developed and maintained in accordance with guidelines
1997 established by the department so that state and local law enforcement agencies and financial
1998 institutions as defined in Section 7-1-103 can efficiently access the records of the database,
1999 including reports useful for the implementation of the provisions of this part.
2000 (ii) (A) The reports shall be in a form and contain information approved by the
2001 department.
2002 (B) The reports may be made available through the Internet or through other electronic
2003 medium, if the department determines that sufficient security is provided to ensure compliance
2004 with Section 41-12a-805 regarding limitations on disclosure of information in the database.
2005 (5) With information provided by the department and the Motor Vehicle Division, the
2006 designated agent shall, at least monthly for submissions under Subsection 31A-22-315 (2)(b) or
2007 at least twice a month for submissions under Subsection 31A-22-315 (2)(a):
2008 (a) update the database with the motor vehicle insurance information provided by the
2009 insurers in accordance with Section 31A-22-315 ; and
2010 (b) compare all current motor vehicle registrations against the database.
2011 (6) The division shall provide the designated agent with the name, date of birth,
2012 address, and driver license number of all persons on the driver license database.
2013 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2014 department shall make rules and develop procedures in cooperation with the Motor Vehicle
2015 Division to use the database for the purpose of administering and enforcing this part.
2016 (8) (a) The designated agent shall archive computer data files at least semi-annually for
2017 auditing purposes.
2018 (b) The internal audit unit of the tax commission provided under Section 59-1-206
2019 shall audit the program at least every three years.
2020 (c) The audit under Subsection (8)(b) shall include verification of:
2021 (i) billings made by the designated agent; and
2022 (ii) the accuracy of the designated agent's matching of vehicle registration with
2023 insurance data.
2024 Section 38. Section 51-7-3 is amended to read:
2025 51-7-3. Definitions.
2026 As used in this chapter:
2027 (1) "Agent" means "agent" as defined in Section 61-1-13 .
2028 (2) "Certified dealer" means:
2029 (a) a primary reporting dealer recognized by the Federal Reserve Bank of New York
2030 who is certified by the director as having met the applicable criteria of council rule; or
2031 (b) a broker dealer who:
2032 (i) has and maintains an office and a resident registered principal in the state;
2033 (ii) meets the capital requirements established by council rules;
2034 (iii) meets the requirements for good standing established by council rule; and
2035 (iv) is certified by the director as meeting quality criteria established by council rule.
2036 (3) "Certified investment adviser" means a federal covered adviser, as defined in
2037 Section 61-1-13 , or an investment adviser, as defined in Section 61-1-13 , who is certified by
2038 the director as having met the applicable criteria of council rule.
2039 (4) "Commissioner" means the commissioner of financial institutions.
2040 (5) "Council" means the State Money Management Council created by Section
2041 51-7-16 .
2042 (6) "Director" means the director of the Utah State Division of Securities of the
2043 Department of Commerce.
2044 (7) (a) "Endowment funds" means gifts, devises, or bequests of property of any kind
2045 donated to a higher education institution from any source.
2046 (b) "Endowment funds" does not mean [
2047 of a higher education institution that [
2048 (i) state appropriations;
2049 (ii) federal contracts;
2050 (iii) federal grants;
2051 (iv) private research grants; and
2052 (v) tuition and fees collected from students.
2053 (8) "First tier commercial paper" means commercial paper rated by at least two
2054 nationally recognized statistical rating organizations in the highest short-term rating category.
2055 (9) "Funds functioning as endowments" means funds, regardless of source, whose
2056 corpus is intended to be held in perpetuity by formal institutional designation according to the
2057 institution's policy for designating those funds.
2058 (10) "GASB" or "Governmental Accounting Standards Board" means the
2059 Governmental Accounting Standards Board that is responsible for accounting standards used
2060 by public entities.
2061 (11) "Hard put" means an unconditional sell-back provision or a redemption provision
2062 applicable at issue to a note or bond, allowing holders to sell their holdings back to the issuer
2063 or to an equal or higher-rated third party provider at specific intervals and specific prices
2064 determined at the time of issuance.
2065 (12) "Higher education institution" means the institutions specified in Section
2066 53B-1-102 .
2067 (13) "Investment adviser representative" means "investment adviser representative" as
2068 defined in Section 61-1-13 .
2069 (14) (a) "Investment agreement" means any written agreement that has specifically
2070 negotiated withdrawal or reinvestment provisions and a specifically negotiated interest rate.
2071 (b) "Investment agreement" includes any agreement to supply investments on one or
2072 more future dates.
2073 (15) "Local government" means a county, municipality, school district, local district
2074 under Title 17B, Limited Purpose Local Government Entities - Local Districts, special service
2075 district under Title 17D, Chapter 1, Special Service District Act, or any other political
2076 subdivision of the state.
2077 (16) "Market value" means market value as defined in the Master Repurchase
2078 Agreement.
2079 (17) "Master Repurchase Agreement" means the current standard Master Repurchase
2080 Agreement approved by the Public Securities Association or by any successor organization.
2081 (18) "Maximum amount" means, with respect to qualified depositories, the total
2082 amount of:
2083 (a) deposits in excess of the federal deposit insurance limit; and
2084 (b) nonqualifying repurchase agreements.
2085 (19) "Money market mutual fund" means an open-end managed investment fund:
2086 (a) that complies with the diversification, quality, and maturity requirements of Rule
2087 2a-7 or any successor rule of the Securities and Exchange Commission applicable to money
2088 market mutual funds; and
2089 (b) that assesses no sales load on the purchase of shares and no contingent deferred
2090 sales charge or other similar charges, however designated.
2091 (20) "Nationally recognized statistical rating organization" means an organization that
2092 has been designated as a nationally recognized statistical rating organization by the Securities
2093 and Exchange Commission's Division of Market Regulation.
2094 (21) "Nonqualifying repurchase agreement" means a repurchase agreement evidencing
2095 indebtedness of a qualified depository arising from the transfer of obligations of the United
2096 States Treasury or other authorized investments to public treasurers that is:
2097 (a) evidenced by a safekeeping receipt issued by the qualified depository;
2098 (b) included in the depository's maximum amount of public funds; and
2099 (c) valued and maintained at market value plus an appropriate margin collateral
2100 requirement based upon the term of the agreement and the type of securities acquired.
2101 (22) "Operating funds" means current balances and other funds that are to be disbursed
2102 for operation of the state government or any of its boards, commissions, institutions,
2103 departments, divisions, agencies, or other similar instrumentalities, or any county, city, school
2104 district, political subdivision, or other public body.
2105 (23) "Permanent funds" means funds whose principal may not be expended, the
2106 earnings from which are to be used for purposes designated by law.
2107 (24) "Permitted depository" means any out-of-state financial institution that meets
2108 quality criteria established by rule of the council.
2109 (25) "Public funds" means [
2110 source from which the [
2111 or administered by the state or any of its boards, commissions, institutions, departments,
2112 divisions, agencies, bureaus, laboratories, or other similar instrumentalities, or any county, city,
2113 school district, political subdivision, or other public body.
2114 (26) (a) "Public [
2115 (b) "Public [
2116 the same as "state funds."
2117 (27) "Public treasurer" includes the state treasurer and the official of any state board,
2118 commission, institution, department, division, agency, or other similar instrumentality, or of
2119 any county, city, school district, political subdivision, or other public body who has the
2120 responsibility for the safekeeping and investment of any public funds.
2121 (28) "Qualified depository" means a Utah depository institution or an out-of-state
2122 depository institution, as those terms are defined in Section 7-1-103 that is authorized to
2123 conduct business in this state under Section 7-1-702 or Title 7, Chapter 19, Acquisition of
2124 Failing Depository Institutions or Holding Companies, whose deposits are insured by an
2125 agency of the federal government and that has been certified by the commissioner of financial
2126 institutions as having met the requirements established under this chapter and the rules of the
2127 council to be eligible to receive deposits of public funds.
2128 (29) "Qualifying repurchase agreement" means a repurchase agreement evidencing
2129 indebtedness of a financial institution or government securities dealer acting as principal
2130 arising from the transfer of obligations of the United States Treasury or other authorized
2131 investments to public treasurers only if purchased securities are:
2132 (a) delivered to the public treasurer's safekeeping agent or custodian as contemplated
2133 by Section 7 of the Master Repurchase Agreement; and
2134 (b) valued and maintained at market value plus an appropriate margin collateral
2135 requirement based upon the term of the agreement and the type of securities acquired.
2136 (30) "Securities division" means Utah's Division of Securities created within the
2137 Department of Commerce by Section 13-1-2 .
2138 (31) "State funds" means:
2139 (a) public [
2140 the state government; and
2141 (b) all other [
2142 the [
2143 the state or any of its boards, commissions, institutions, departments, divisions, agencies,
2144 bureaus, laboratories, or other similar instrumentalities.
2145 Section 39. Section 51-7a-101 is amended to read:
2146
2147 51-7a-101. Title.
2148 This chapter is known as the "Investment of Land Grant Trust Fund [
2149 Section 40. Section 51-8-102 is amended to read:
2150 51-8-102. Definitions.
2151 As used in this chapter:
2152 (1) "Charitable purpose" means the relief of poverty, the advancement of education or
2153 religion, the promotion of health, the promotion of governmental purposes, and any other
2154 purpose the achievement of which is beneficial to the community.
2155 (2) (a) "Endowment fund" means an institutional fund, or any part of an institutional
2156 fund, not wholly expendable by the institution on a current basis under the terms of a gift
2157 instrument.
2158 (b) "Endowment fund" does not include assets of an institution designated by the
2159 institution as an endowment fund for its own use.
2160 (3) "Gift instrument" means a record or records, including an institutional solicitation,
2161 under which property is granted to, transferred to, or held by an institution as an institutional
2162 fund.
2163 (4) (a) "Governing board" means the body responsible for the management of an
2164 institution or of an institutional fund.
2165 (b) "Governing board" means, for a higher education institution, the board of trustees
2166 of the higher education institution.
2167 (5) "Higher education institution" means the institutions specified in Section
2168 53B-1-102 .
2169 (6) "Institution" means:
2170 (a) a person, other than an individual, organized and operated exclusively for charitable
2171 purposes;
2172 (b) a government or a governmental subdivision, agency, or instrumentality to the
2173 extent that it holds funds exclusively for a charitable purpose; and
2174 (c) a trust that had both charitable and noncharitable interests, after all noncharitable
2175 interests have terminated.
2176 (7) (a) "Institutional fund" means a fund held by an institution exclusively for
2177 charitable purposes.
2178 (b) "Institutional fund" does not include:
2179 (i) program-related assets;
2180 (ii) a fund held for an institution by a trustee that is not an institution;
2181 (iii) a fund in which a beneficiary that is not an institution has an interest, other than an
2182 interest that could arise upon violation or failure of the purposes of the fund; or
2183 (iv) operating funds.
2184 (8) "Manager" means either:
2185 (a) the state treasurer; or
2186 (b) a higher education institution that accepts the responsibility for the management of
2187 institutional funds of a different higher education institution.
2188 (9) "Operating funds" means [
2189 education institution that [
2190 (a) state appropriations;
2191 (b) government contracts;
2192 (c) government grants; or
2193 (d) tuition and fees collected from students.
2194 (10) "Person" means an individual, corporation, business trust, estate, trust,
2195 partnership, limited liability company, association, joint venture, public corporation,
2196 government or governmental subdivision, agency, instrumentality, or any other legal or
2197 commercial entity.
2198 (11) "Program-related asset" means an asset held by an institution primarily to
2199 accomplish a charitable purpose of the institution and not primarily for appreciation or the
2200 production of income.
2201 (12) "Record" means information that is inscribed on a tangible medium or that is
2202 stored in an electronic or other medium and is retrievable in perceivable form.
2203 Section 41. Section 51-9-402 is amended to read:
2204 51-9-402. Division of collected money retained by state treasurer and local
2205 governmental collecting entity -- Purpose of surcharge -- Allocation of collections --
2206 Financial information.
2207 (1) The amount of the surcharge imposed under this part by courts of record shall be
2208 collected before any fine and deposited with the state treasurer.
2209 (2) The amount of the surcharge and the amount of criminal fines, penalties, and
2210 forfeitures imposed under this part by courts not of record shall be collected concurrently.
2211 (a) As [
2212 subject to the 90% surcharge, the [
2213 governmental collecting entity retains 53% of the collected [
2214 retains 47% of the collected [
2215 (b) As [
2216 subject to the 35% surcharge, the [
2217 governmental collecting entity retains 74% of the collected [
2218 retains 26% of the collected [
2219 (c) The court shall deposit with the state treasurer the surcharge portion of all [
2220 money as [
2221 (3) Courts of record, courts not of record, and administrative traffic proceedings shall
2222 collect financial information to determine:
2223 (a) the total number of cases in which:
2224 (i) a final judgment has been rendered;
2225 (ii) surcharges and fines are paid by partial or installment payment; and
2226 (iii) the judgment is fulfilled by an alternative method upon the court's order; and
2227 (b) the total dollar amounts of surcharges owed to the state and fines owed to the state
2228 and county or municipality, including:
2229 (i) waived surcharges;
2230 (ii) uncollected surcharges; and
2231 (iii) collected surcharges.
2232 (4) The courts of record, courts not of record, and administrative traffic proceedings
2233 shall report all collected financial information monthly to the Administrative Office of the
2234 Courts. The collected information shall be categorized by cases subject to the 90% and 35%
2235 surcharge.
2236 (5) The purpose of the surcharge is to finance the trust funds and support accounts as
2237 provided in this part.
2238 (6) (a) From the surcharge, the Division of Finance shall allocate in the manner and for
2239 the purposes described in Sections 51-9-403 through 51-9-411 .
2240 (b) Allocations shall be made on a fiscal year basis.
2241 (7) The provisions of this section and Section 51-9-401 may not impact the distribution
2242 and allocation of fines and forfeitures imposed in accordance with Sections 23-14-13 ,
2243 78A-5-110 , and 78A-7-120 .
2244 Section 42. Section 51-9-404 is amended to read:
2245 51-9-404. Distribution of surcharge amounts.
2246 (1) In this section:
2247 (a) "Reparation fund" means the Crime Victim Reparations Fund.
2248 (b) "Safety account" means the Public Safety Support Account.
2249 (2) (a) There is created a restricted special revenue fund known as the "Crime Victim
2250 Reparations Fund" to be administered and distributed as provided in this part by the Office of
2251 Crime Victim Reparations under Title 63M, Chapter 7, Part 5, Crime Victim Reparations Act,
2252 in cooperation with the Division of Finance.
2253 (b) [
2254 justice and substance abuse, other victim services, and, as appropriated, for administrative costs
2255 of the Commission on Criminal and Juvenile Justice under Title 63M, Chapter 7.
2256 (3) (a) There is created a restricted account in the General Fund known as the "Public
2257 Safety Support Account" to be administered and distributed by the Department of Public Safety
2258 in cooperation with the Division of Finance as provided in this part.
2259 (b) [
2260 (i) the Division of Peace Officer Standards and Training (POST) as described in Title
2261 53, Chapter 6, Peace Officer Standards and Training Act; and
2262 (ii) the Office of the Attorney General for the support of the Utah Prosecution Council
2263 established in Title 67, Chapter 5a, and the fulfillment of the council's duties.
2264 (4) The Division of Finance shall allocate from the collected surcharge established in
2265 Section 51-9-401 :
2266 (a) 35% to the Crime Victim Reparations Fund;
2267 (b) 18.5% to the safety account for POST, but not to exceed the amount appropriated
2268 by the Legislature; and
2269 (c) 3% to the safety account for support of the Utah Prosecution Council, but not to
2270 exceed the amount appropriated by the Legislature.
2271 (5) (a) In addition to the funding provided by other sections of this part, a percentage of
2272 the income earned by inmates working for correctional industries in a federally certified private
2273 sector/prison industries enhancement program shall be deposited in the Crime Victim
2274 Reparations Fund.
2275 (b) The percentage of income deducted from inmate pay under Subsection (5)(a) shall
2276 be determined by the executive director of the Department of Corrections in accordance with
2277 the requirements of the private sector/prison industries enhancement program.
2278 (6) (a) In addition to other [
2279 encouraged to, and may in their discretion, impose additional reparations to be paid into the
2280 Crime Victim Reparations Fund by convicted criminals.
2281 (b) The additional discretionary reparations may not exceed the statutory maximum
2282 fine permitted by Title 76, Utah Criminal Code, for that offense.
2283 Section 43. Section 51-9-411 is amended to read:
2284 51-9-411. Law Enforcement Operations Account -- Share of surcharge -- Uses.
2285 (1) As used in this section:
2286 (a) "Account" means the Law Enforcement Operations Account.
2287 (b) "Commission" means the Commission on Criminal and Juvenile Justice created in
2288 Section 63M-7-201 .
2289 (c) "Law enforcement agency" means a state or local law enforcement agency.
2290 (d) "Other appropriate agency" means a state or local government agency, or a nonprofit
2291 organization, that works to prevent illegal drug activity and enforce laws regarding illegal drug
2292 activity and related criminal activity by:
2293 (i) programs, including education, prevention, treatment, and research programs; and
2294 (ii) enforcement of laws regarding illegal drugs.
2295 (2) There is created a restricted account within the General Fund known as the Law
2296 Enforcement Operations Account.
2297 (3) (a) The Division of Finance shall allocate the balance of the collected surcharge
2298 under Section 51-9-401 that is not allocated under Title 51, Chapter 9, Part 4, Criminal
2299 Conviction Surcharge Allocation, to the account, to be appropriated by the Legislature.
2300 (b) Money in the account shall be appropriated to the commission for implementing
2301 law enforcement operations and programs related to reducing illegal drug activity and related
2302 criminal activity as listed in Subsection (5).
2303 (c) The state treasurer shall invest [
2304 Chapter 7, State Money Management Act.
2305 (d) The Division of Finance shall deposit interest or other earnings derived from
2306 investment of account [
2307 (4) (a) The commission shall allocate grants of funds from the account for the purposes
2308 under Subsection (5) to state, local, or multijurisdictional law enforcement agencies and other
2309 appropriate agencies.
2310 (b) The grants shall be made by an application process established by the commission
2311 in accordance with Subsection (6).
2312 (5) (a) The first priority of the commission is to annually allocate not more than
2313 $2,500,000, depending upon funding available from other sources, to directly fund the
2314 operational costs of state and local law enforcement agencies' drug or crime task forces,
2315 including multijurisdictional task forces.
2316 (b) The second priority of the commission is to allocate grants for specified law
2317 enforcement agency functions and other agency functions as the commission finds appropriate
2318 to more effectively reduce illegal drug activity and related criminal activity, including
2319 providing education, prevention, treatment, and research programs.
2320 (6) (a) In allocating grants and determining the amount of the grants, the commission
2321 shall consider:
2322 (i) the demonstrated ability of the agency to appropriately use the grant to implement
2323 the proposed functions and how this function or task force will add to the law enforcement
2324 agency's current efforts to reduce illegal drug activity and related criminal activity; and
2325 (ii) the agency's cooperation with other state and local agencies and task forces.
2326 (b) Agencies qualify for a grant only if they demonstrate compliance with all reporting
2327 and policy requirements applicable under this section and under Title 63M, Chapter 7,
2328 Criminal Justice and Substance Abuse, in order to qualify as a potential grant recipient.
2329 (7) Recipient agencies may only use grant [
2330 appropriation by the agency's governing body, and a determination that the grant [
2331 money is nonlapsing.
2332 (8) A recipient law enforcement agency may use funds granted under this section only
2333 for the purposes stated by the commission in the grant.
2334 (9) For each fiscal year, any law enforcement agency that receives a grant from the
2335 commission under this section shall prepare, and file with the commission and the state auditor,
2336 a report in a form specified by the commission. The report shall include the following
2337 regarding each grant:
2338 (a) the agency's name;
2339 (b) the amount of the grant;
2340 (c) the date of the grant;
2341 (d) how the grant has been used; and
2342 (e) a statement signed by both the agency's or political subdivision's executive officer
2343 or designee and by the agency's legal counsel, that all grant funds were used for law
2344 enforcement operations and programs approved by the commission and that relate to reducing
2345 illegal drug activity and related criminal activity, as specified in the grant.
2346 (10) The commission shall report in writing to the legislative Law Enforcement and
2347 Criminal Justice Interim Committee annually regarding the grants allocated under this section,
2348 including the amounts and uses of the grants.
2349 Section 44. Section 51-9-504 is amended to read:
2350 51-9-504. Utah Navajo royalties and related issues.
2351 (1) (a) Notwithstanding Title 63, Chapter 88, Navajo Trust Fund, repealed July 1,
2352 2008, and except as provided in Subsection (7), the following are subject to this Subsection (1):
2353 (i) the repealed board of trustees;
2354 (ii) the repealed trust administrator;
2355 (iii) an employee or agent of the repealed Navajo Trust Fund; or
2356 (iv) the repealed Dineh Committee.
2357 (b) The repealed board of trustees may not:
2358 (i) beginning on March 17, 2008, take an action that imposes or may impose a liability
2359 or obligation described in Subsection (1)(d) that is:
2360 (A) anticipated to be completed on or after January 1, 2010; or
2361 (B) equal to or greater than $100,000; or
2362 (ii) on or after May 5, 2008, take an action that imposes or may impose a liability or
2363 obligation described in Subsection (1)(d).
2364 (c) On or after March 17, 2008 a person described in Subsections (1)(a)(ii) through (iv)
2365 may not take an action that imposes or may impose a liability or obligation described in
2366 Subsection (1)(d).
2367 (d) Subsection (1)(b) applies to a liability or obligation on:
2368 (i) the repealed Navajo Trust Fund;
2369 (ii) the Navajo Revitalization Fund created under Title 9, Chapter 11, Navajo
2370 Revitalization Fund Act;
2371 (iii) the state; or
2372 (iv) any of the following related to an entity described in this Subsection (1)(d):
2373 (A) a department;
2374 (B) a division;
2375 (C) an office;
2376 (D) a committee;
2377 (E) a board;
2378 (F) an officer;
2379 (G) an employee; or
2380 (H) a similar agency or individual.
2381 (2) The Division of Finance shall:
2382 (a) establish a fund by no later than July 1, 2008:
2383 (i) to hold:
2384 (A) the [
2385 (B) Utah Navajo royalties received by the state on or after July 1, 2008;
2386 (C) revenues from investments made by the state treasurer of the [
2387 the fund established under this Subsection (2)(a);
2388 (D) [
2389 money received by the repealed trust administrator or repealed Dineh Committee from an
2390 agreement executed by:
2391 (I) the repealed board of trustees;
2392 (II) the repealed trust administrator; or
2393 (III) the repealed Dineh Committee; and
2394 (E) [
2395 Utah Navajo royalties; and
2396 (ii) from which [
2397 (A) as provided in Subsection (7); or
2398 (B) as authorized by congressional action to designate a new recipient of the Utah
2399 Navajo royalties; and
2400 (b) by no later than July 1, 2008, transfer to the fund created under Subsection (2)(a) in
2401 a manner consistent with this section the related assets and liabilities of the repealed Navajo
2402 Trust Fund, including the transfer of [
2403 (3) The state treasurer shall invest [
2404 (2)(a) in accordance with Title 51, Chapter 7, State Money Management Act.
2405 (4) (a) By no later than May 5, 2008, the repealed board of trustees shall:
2406 (i) adopt a list of all related assets and liabilities of the repealed trust fund that are not
2407 satisfied by May 5, 2008, which may include assets and liabilities that are contingent in nature
2408 or amount;
2409 (ii) adopt a list of all individuals who at the time of adoption meet the requirements of
2410 Subsection (7)(b); and
2411 (iii) provide a copy of the lists described in Subsections (4)(a)(i) and (ii) to:
2412 (A) the state auditor; and
2413 (B) the Department of Administrative Services.
2414 (b) The state auditor, in addition to completing its Fiscal Year 2007-2008 audit of the
2415 repealed Navajo Trust Fund, shall:
2416 (i) verify the list of the related assets and liabilities of the repealed Navajo Trust Fund
2417 adopted by the repealed board of trustees under Subsection (4)(a) by no later than June 30,
2418 2008; and
2419 (ii) provide a written copy of the verification to the governor and the Legislature by no
2420 later than July 30, 2008.
2421 (5) The governor shall ensure that the reporting requirements under P.L. 90-306, 82
2422 Stat. 121, are met.
2423 (6) The Department of Administrative Services, in cooperation with the Department of
2424 Human Resources, may assist employees of the repealed Navajo Trust Fund as of June 30,
2425 2008, in accordance with Title 67, Chapter 19, Utah State Personnel Management Act.
2426 (7) With the fund created under Subsection (2) and the fixed assets of the repealed
2427 Navajo Trust Fund, the Department of Administrative Services shall:
2428 (a) subject to Subsection (8), fulfill the liabilities and obligations of the repealed
2429 Navajo Trust Fund as of June 30, 2008;
2430 (b) provide [
2431 who:
2432 (i) resides in San Juan County;
2433 (ii) as of June 30, 2012, has received [
2434 postsecondary education;
2435 (iii) beginning the later of June 30 or the day on which the individual first receives
2436 [
2437 equivalent of at least two semesters each year; and
2438 (iv) meets the eligibility requirements adopted by the repealed board of trustees as of
2439 March 17, 2008;
2440 (c) through the Division of Facilities Construction and Management, reasonably
2441 maintain the fixed assets of the repealed Navajo Trust Fund, to the extent that a lessee of a
2442 fixed asset is not required by a lease to maintain a fixed asset;
2443 (d) through the Division of Facilities Construction and Management, take those steps
2444 necessary to secure the purchase:
2445 (i) of the following that is owned by the repealed Navajo Trust Fund as of May 5,
2446 2008:
2447 (A) the government service building; or
2448 (B) another fixed asset of the repealed Navajo Trust Fund, if the sale of the fixed asset
2449 is consistent with the obligations of the state with regard to the Utah Navajo royalties; and
2450 (ii) (A) in an arms length manner; and
2451 (B) so that fair market compensation is paid to the repealed Navajo Trust Fund; and
2452 (e) charge the fund established under Subsection (2)(a) for the expenses that are
2453 necessary and reasonable to comply with the requirements of this Subsection (7).
2454 (8) To fulfill the liabilities and obligations of the repealed Navajo Trust Fund as of
2455 June 30, 2008, the Division of Finance may expend [
2456 (a) for a liability or obligation incurred before March 17, 2008, to the extent that the
2457 expenditure was expressly a liability or obligation of the repealed Navajo Trust Fund as of
2458 March 17, 2008; and
2459 (b) on and after March 11, 2010, for a project approved under Subsection (1)(b)(i) by
2460 the repealed board of trustees, except that the Division of Finance may not expend [
2461 money from the fund for a project approved under Subsection (1)(b)(i):
2462 (i) in excess of $100,000 in the aggregate for the project; or
2463 (ii) to fulfill a liability or obligation related to the project if the expenditure would be
2464 on or after the earlier of:
2465 (A) the day on which [
2466 by congressional action to designate a new recipient of the Utah Navajo royalties; or
2467 (B) January 1, 2012.
2468 (9) Unless expressly prohibited by this part, the state may take any action with regard
2469 to the assets held by the state under this part that is consistent with the obligations of the state
2470 related to the Utah Navajo royalties.
2471 Section 45. Section 51-9-602 is amended to read:
2472 51-9-602. Creation of fund -- County Road and School Fund from Forest
2473 Reserves.
2474 There is established a fund known as the "County Road and School Fund from Forest
2475 Reserves," comprised of:
2476 (1) [
2477 United States under the Act of May 23, 1908, 16 U.S.C. Sec. 500 et seq., and all acts
2478 amendatory thereof and supplementary thereto; and
2479 (2) [
2480 (a) [
2481 (b) (i) the state treasurer had not apportioned to counties as of February 24, 2009; or
2482 (ii) were apportioned to a county by the state treasurer, but were returned by the county
2483 to the state treasurer on or before June 15, 2009.
2484 Section 46. Section 52-5-102 is amended to read:
2485 52-5-102. Definitions.
2486 As used in this chapter:
2487 (1) (a) "Contribution" means any of the following:
2488 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
2489 value to a fund;
2490 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
2491 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
2492 anything of value to a fund; or
2493 (iii) any transfer of funds from another elected official or surrogate to the filing elected
2494 official's or surrogate's fund.
2495 (b) "Contribution" does not include money lent to the elected official or surrogate by a
2496 financial institution in the ordinary course of business.
2497 (2) "Disbursement" means [
2498 for any purpose.
2499 (3) "Elected official" means each person elected to a state office, county office,
2500 municipal office, school board or school district office, local district office, or special service
2501 district office, but does not include judges standing for retention election.
2502 (4) (a) "Fund" means any sum of money or other resources, however titled or
2503 described, that is segregated, designated, or set aside for the use or benefit of an elected
2504 official.
2505 (b) "Fund" does not mean:
2506 (i) an elected official's or surrogate's private money or public money; or
2507 (ii) campaign funds or accounts established by candidates under the authority of Title
2508 20A, Chapter 11, Part 2, State Office Candidates - Campaign Organization and Financial
2509 Reporting Requirements, Title 20A, Chapter 11, Part 3, Candidates for Legislative Office -
2510 Campaign Organization and Financial Reporting Requirements, and Title 20A, Chapter 11,
2511 Part 4, Officeholder Financial Reporting [
2512 (5) "Private money" means personal [
2513 which an elected official or surrogate is personally liable for state and federal taxes.
2514 (6) "Public money" means [
2515 surrogate in their public capacity that [
2516 (7) "Surrogate" means any committee, party, organization, or other person or group
2517 who holds or maintains a fund for the benefit of an elected official.
2518 Section 47. Section 53-1-117 is amended to read:
2519 53-1-117. Alcohol or drug enforcement funding -- Rulemaking -- Legislative
2520 findings.
2521 (1) From [
2522 available for the purposes described under this section, the department shall assist the law
2523 enforcement agencies of the state and its political subdivisions in the enforcement of alcohol or
2524 drug-related offenses.
2525 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2526 commissioner shall make rules establishing criteria and procedures for granting [
2527 money under this section to law enforcement agencies for:
2528 (a) providing equipment, including drug and alcohol testing equipment;
2529 (b) funding the training and overtime of peace officers; and
2530 (c) managing driving under the influence related abandoned vehicles.
2531 (3) The Legislature finds that [
2532 statewide public purpose.
2533 Section 48. Section 53-2-109 is amended to read:
2534 53-2-109. General duties of the Search and Rescue Advisory Board.
2535 The duties of the Search and Rescue Advisory Board shall include:
2536 (1) conducting a board meeting at least once per quarter;
2537 (2) receiving applications for reimbursement of eligible expenses from county search
2538 and rescue operations by the end of the first quarter of each calendar year;
2539 (3) determining the reimbursement to be provided from the Search and Rescue
2540 Financial Assistance Program to each applicant;
2541 (4) standardizing the format and maintaining key search and rescue statistical data from
2542 each county within the state; and
2543 (5) disbursing funds accrued in the Search and Rescue Financial Assistance Program,
2544 created under Section 53-2-107 , to eligible applicants until the program [
2545 depleted in that fiscal year.
2546 Section 49. Section 53-2-403 is amended to read:
2547 53-2-403. State Disaster Recovery Restricted Account.
2548 (1) (a) There is created a restricted account in the General Fund known as the "State
2549 Disaster Recovery Restricted Account."
2550 (b) The disaster recovery fund shall consist of:
2551 (i) [
2552 Section 63J-1-314 ;
2553 (ii) [
2554 (iii) any other public or private [
2555 (A) given to the division for purposes consistent with this section; and
2556 (B) deposited into the disaster recovery fund at the request of:
2557 (I) the division; or
2558 (II) the person giving the [
2559 (c) The Division of Finance shall deposit interest or other earnings derived from
2560 investment of fund [
2561 (d) Subject to being appropriated by the Legislature, [
2562 recovery fund may only be expended or committed to be expended as follows:
2563 (i) (A) subject to Section 53-2-406, in any fiscal year the division may expend or
2564 commit to expend an amount that does not exceed $250,000, in accordance with Section
2565 53-2-404 , to fund costs to the state of emergency disaster services in response to a declared
2566 disaster;
2567 (B) subject to Section 53-2-406 , in any fiscal year the division may expend or commit
2568 to expend an amount that exceeds $250,000, but does not exceed $1,000,000, in accordance
2569 with Section 53-2-404 , to fund costs to the state of emergency disaster services in response to a
2570 declared disaster if the division:
2571 (I) before making the expenditure or commitment to expend, obtains approval for the
2572 expenditure or commitment to expend from the governor;
2573 (II) subject to Subsection (4), provides written notice of the expenditure or
2574 commitment to expend to the speaker of the House of Representatives, the president of the
2575 Senate, the Division of Finance, and the Office of the Legislative Fiscal Analyst no later than
2576 72 hours after making the expenditure or commitment to expend; and
2577 (III) makes the report required by Subsection 53-2-406 (2); and
2578 (C) subject to Section 53-2-406 , in any fiscal year the division may expend or commit
2579 to expend an amount that exceeds $1,000,000, but does not exceed $3,000,000, in accordance
2580 with Section 53-2-404 , to fund costs to the state of emergency disaster services in response to a
2581 declared disaster if, before making the expenditure or commitment to expend, the division:
2582 (I) obtains approval for the expenditure or commitment to expend from the governor;
2583 and
2584 (II) submits the expenditure or commitment to expend to the Executive Appropriations
2585 Committee in accordance with Subsection 53-2-406 (3); and
2586 (ii) subject to being appropriated by the Legislature, [
2587 Subsection (1)(d)(i) may be expended or committed to be expended to fund costs to the state
2588 directly related to a declared disaster that are not costs related to:
2589 (A) emergency disaster services;
2590 (B) emergency preparedness; or
2591 (C) notwithstanding whether or not a county participates in the Wildland Fire
2592 Suppression Fund created in Section 65A-8-204 , any fire suppression or presuppression costs
2593 that may be paid for from the Wildland Fire Suppression Fund if the county participates in the
2594 Wildland Fire Suppression Fund.
2595 (2) The state treasurer shall invest [
2596 according to Title 51, Chapter 7, State Money Management Act.
2597 (3) (a) Except as provided in Subsection (1), the [
2598 recovery fund may not be diverted, appropriated, expended, or committed to be expended for a
2599 purpose that is not listed in this section.
2600 (b) Notwithstanding Section 63J-1-410 , the Legislature may not appropriate [
2601 money from the disaster recovery fund to eliminate or otherwise reduce an operating deficit if
2602 the [
2603 committed to be expended for a purpose other than one listed in this section.
2604 (c) The Legislature may not amend the purposes for which [
2605 disaster recovery fund may be expended or committed to be expended except by the affirmative
2606 vote of two-thirds of all the members elected to each house.
2607 (4) The division:
2608 (a) shall provide the notice required by Subsection (1)(d)(i)(B) using the best available
2609 method under the circumstances as determined by the division; and
2610 (b) may provide the notice required by Subsection (1)(d)(i)(B) in electronic format.
2611 Section 50. Section 53-2-404 is amended to read:
2612 53-2-404. State costs for emergency disaster services.
2613 (1) Subject to this section and Section 53-2-403 , the division shall expend or commit to
2614 expend [
2615 emergency disaster services.
2616 (2) [
2617 private persons providing emergency disaster services are subject to Title 63G, Chapter 6, Utah
2618 Procurement Code.
2619 Section 51. Section 53-2-405 is amended to read:
2620 53-2-405. Local government disaster funds.
2621 (1) (a) Subject to this section and notwithstanding anything to the contrary contained in
2622 Title 10, Utah Municipal Code, or Title 17, Counties, Title 17B, Limited Purpose Local
2623 Government Entities - Local Districts, or Title 17D, Chapter 1, Special Service District Act, the
2624 governing body of a local government may create and maintain by ordinance a special fund
2625 known as a local government disaster fund.
2626 (b) The local fund shall consist of:
2627 (i) subject to the limitations of this section, [
2628 accordance with Subsection (2);
2629 (ii) any other public or private [
2630 [
2631 (A) given to the local government for purposes consistent with this section; and
2632 (B) deposited into the local fund at the request of:
2633 (I) the governing body of the local government; or
2634 (II) the person giving the [
2635 (iii) interest or income realized from the local fund.
2636 (c) Interest or income realized from the local fund shall be deposited into the local
2637 fund.
2638 (d) [
2639 (i) deposited or invested as provided in Section 51-7-11 ; or
2640 (ii) transferred by the local government treasurer to the state treasurer under Section
2641 51-7-5 for the state treasurer's management and control under Title 51, Chapter 7, State Money
2642 Management Act.
2643 (e) (i) The [
2644 local government governing body determines to spend any money in the local fund for one or
2645 more of the purposes specified in Subsection (3).
2646 (ii) [
2647 (A) shall remain in the local fund for future use; and
2648 (B) may not be transferred to any other fund or used for any other purpose.
2649 (2) The amounts transferred to a local fund may not exceed 10% of the total estimated
2650 revenues of the local government for the current fiscal period that are not restricted or
2651 otherwise obligated.
2652 (3) [
2653 the local government creating the local fund in response to:
2654 (a) a declared disaster within the boundaries of the local government;
2655 (b) the aftermath of the disaster that gave rise to a declared disaster within the
2656 boundaries of the local government; and
2657 (c) subject to Subsection (5), emergency preparedness.
2658 (4) (a) A local fund is subject to this part and:
2659 (i) in the case of a town, Title 10, Chapter 5, Uniform Fiscal Procedures Act for Utah
2660 Towns, except that:
2661 (A) in addition to the funds listed in Section 10-5-106 , the mayor shall prepare a
2662 budget for the local fund;
2663 (B) Section 10-5-119 addressing termination of special funds does not apply to a local
2664 fund; and
2665 (C) the council of the town may not authorize an interfund loan under Section
2666 10-5-120 from the local fund;
2667 (ii) in the case of a city, Title 10, Chapter 6, Uniform Fiscal Procedures Act for Utah
2668 Cities, except that:
2669 (A) in addition to the funds listed in Section 10-6-109 , the mayor shall prepare a
2670 budget for the local fund;
2671 (B) Section 10-6-131 addressing termination of special funds does not apply to a local
2672 fund; and
2673 (C) the governing body of the city may not authorize an interfund loan under Section
2674 10-6-132 from the local fund; and
2675 (iii) in the case of a county, Title 17, Chapter 36, Uniform Fiscal Procedures Act for
2676 Counties, except that:
2677 (A) Section 17-36-29 addressing termination of special funds does not apply to a local
2678 fund; and
2679 (B) the governing body of the county may not authorize an interfund loan under
2680 Section 17-36-30 from the local fund; and
2681 (iv) in the case of a local district or special service district, Title 17B, Chapter 1, Part 6,
2682 Fiscal Procedures for Local Districts, except that:
2683 (A) Section 17B-1-625 , addressing termination of a special fund, does not apply to a
2684 local fund; and
2685 (B) the governing body of the local district or special service district may not authorize
2686 an interfund loan under Section 17B-1-626 from the local fund.
2687 (b) Notwithstanding Subsection (4)(a), transfers of [
2688 the accumulation of [
2689 net assets, or the accumulation of retained earnings in any of the following of a local
2690 government:
2691 (i) a general fund;
2692 (ii) an enterprise fund;
2693 (iii) an internal service fund; or
2694 (iv) any other fund.
2695 (5) (a) A local government may not expend during a fiscal year more than 10% of the
2696 [
2697 emergency preparedness.
2698 (b) The amount described in Subsection (5)(a) shall be determined before the adoption
2699 of the tentative budget.
2700 Section 52. Section 53A-1-612 is amended to read:
2701 53A-1-612. Basic Skills Education Stipend Program.
2702 (1) As used in this section:
2703 (a) "Basic skills education" means individual or group instruction, including
2704 assessments, designed to develop the skills and knowledge necessary to pass the Utah Basic
2705 Skills Competency Test.
2706 (b) "Basic skills provider" means:
2707 (i) a school district;
2708 (ii) a charter school;
2709 (iii) an accredited public or private educational institution; or
2710 (iv) other entity that meets board requirements pursuant to Subsection (12).
2711 (c) "Program" means the Basic Skills Education Stipend Program.
2712 (d) "Stipend recipient" means a student who receives a stipend under this section.
2713 (e) "Utah Basic Skills Competency Test" or "UBSCT" means the basic skills
2714 competency test administered to students pursuant to Section 53A-1-611 .
2715 (2) The Basic Skills Education Stipend Program is created to provide students who
2716 have not passed the UBSCT supplemental instruction in the skills and knowledge necessary to
2717 pass the test.
2718 (3) The State Board of Education shall administer the Basic Skills Education Stipend
2719 Program.
2720 (4) (a) A student may receive a stipend for basic skills education if:
2721 (i) the student's score on one more subtests is below the midpoint of the partial mastery
2722 range;
2723 (ii) the student's parent or guardian is a Utah resident;
2724 (iii) the student is enrolled full-time in a public school in the state; and
2725 (iv) the student does not qualify for the Utah Alternative Assessment.
2726 (b) A student who meets the criteria of Subsection (4)(a) may receive a stipend for
2727 basic skills education in the subject of each subtest failed. Depending upon the number of
2728 subtests failed, a student may receive one, two, or three stipends. A student may receive a
2729 stipend only once for each subtest failed.
2730 (5) Stipend amounts shall be based on a student's subtest score as follows:
2731 (a) $500, if the student's subtest score was below the midpoint of the partial mastery
2732 range but above the minimal mastery range;
2733 (b) $1,000, if the student's subtest score was below the partial mastery range, but above
2734 or at the midpoint of the minimal mastery range; or
2735 (c) $1,500, if the student's subtest score was below the midpoint of the minimal
2736 mastery range.
2737 (6) A stipend recipient may apply for basic skills education from any basic skills
2738 provider.
2739 (7) Each basic skill provider shall accept stipend recipients on a first come/first served
2740 basis.
2741 (8) A stipend recipient shall give the following to the basic skills provider selected to
2742 provide basic skills education:
2743 (a) a voucher in the amount of the stipend which the basic skills educator may present
2744 for payment by the board if the stipend recipient passes the subtest corresponding to the basic
2745 skills education provided by the basic skills provider; and
2746 (b) an authorization signed by the stipend recipient's parent or guardian for the stipend
2747 recipient's school to release records of the stipend recipient to the basic skills provider, if the
2748 basic skills provider is not the school district or charter school in which the stipend recipient is
2749 enrolled.
2750 (9) A basic skills provider who possesses a voucher shall receive payment from the
2751 board in the amount of the stipend, if, on a subsequent administration of the UBSCT, the
2752 stipend recipient passes the subtest corresponding to the basic skills education provided by the
2753 basic skills provider.
2754 (10) (a) A basic skills provider may charge a stipend recipient an amount in addition to
2755 that paid by the board.
2756 (b) The additional amount charged by a basic skills provider shall be:
2757 (i) consistent with the restriction in Utah Constitution Article X, Section 2;
2758 (ii) disclosed to the stipend recipient's parent or guardian when the stipend recipient
2759 applies for basic skills education; and
2760 (iii) reported to the board before receiving payment from the board.
2761 (c) A basic skills provider may not make any additional charge or refund of a charge
2762 contingent upon a stipend recipient's passing or failing a UBSCT subtest.
2763 (11) (a) Stipends shall be awarded by the board subject to the availability of money
2764 appropriated by the Legislature for that purpose.
2765 (b) The Legislature shall annually appropriate money to the board from the General
2766 Fund to make stipend payments.
2767 (c) If [
2768 shall be allocated according to rules adopted by the State Board of Education.
2769 (12) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2770 the State Board of Education shall make rules:
2771 (a) establishing qualifications for basic skills providers who are not school districts,
2772 high schools, or accredited public or private educational institutions;
2773 (b) establishing procedures for the administration of the Basic Skills Education Stipend
2774 Program; and
2775 (c) requiring the parent or guardian of a stipend recipient who selects a basic skills
2776 provider other than the school district or charter school in which the stipend recipient is
2777 enrolled to sign:
2778 (i) an acknowledgment that the school district or charter school is released from further
2779 remediation responsibility for the stipend recipient; and
2780 (ii) if the student has an IEP, an acknowledgment that offering a voucher to the basic
2781 skill provider has the same effect as a parental refusal to consent to services pursuant to Section
2782 614(a)(1) of the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
2783 (13) School districts and charter schools shall provide each student who qualifies for a
2784 basic skills education stipend information about the Basic Skills Education Stipend Program,
2785 including:
2786 (a) voucher applications; and
2787 (b) how to access a list of approved public and private providers.
2788 Section 53. Section 53A-1-708 is amended to read:
2789 53A-1-708. Grants for online delivery of U-PASS tests.
2790 (1) As used in this section:
2791 (a) "summative tests" means tests administered near the end of a course to assess
2792 overall achievement of course goals;
2793 (b) "uniform online summative test system" means a single system for the online
2794 delivery of summative tests required under U-PASS that:
2795 (i) is coordinated by the Utah State Office of Education;
2796 (ii) ensures the reliability and security of U-PASS tests; and
2797 (iii) is selected through collaboration between Utah State Office of Education and
2798 school district representatives with expertise in technology, assessment, and administration;
2799 and
2800 (c) "U-PASS" means the Utah Performance Assessment System for Students.
2801 (2) The State Board of Education may award grants to school districts and charter
2802 schools to implement a uniform online summative test system to enable parents of students and
2803 school staff to review U-PASS test scores by the end of the school year.
2804 (3) (a) Grant [
2805 is directly related to implementing a uniform online summative test system:
2806 (i) computer equipment and peripherals, including electronic data capture devices
2807 designed for electronic test administration and scoring;
2808 (ii) software;
2809 (iii) networking equipment;
2810 (iv) upgrades of existing equipment or software;
2811 (v) upgrades of existing physical plant facilities;
2812 (vi) personnel to provide technical support or coordination and management; and
2813 (vii) teacher professional development.
2814 (b) Equipment purchased in compliance with Subsection (3)(a), when not in use for the
2815 online delivery of summative tests required under U-PASS may be used for other purposes.
2816 (4) The State Board of Education may award grants only to school districts and charter
2817 schools that intend to implement a uniform online summative test system.
2818 (5) (a) The State Board of Education shall make rules specifying:
2819 (i) establishing procedures for applying for and awarding grants;
2820 (ii) specifying how grant [
2821 charter schools that qualify to receive grants under Subsection (4); and
2822 (iii) requiring reporting of grant money expenditures and evidence showing that the
2823 grant [
2824 system.
2825 (b) To ensure that small school districts and charter schools receive adequate funds to
2826 implement a uniform online summative test system, grant [
2827 a 25% base, with the remaining 75% distributed on a per pupil basis.
2828 (6) If a school district or charter school uses grant [
2829 than those stated in Subsection (3), the school district or charter school is liable for reimbursing
2830 the State Board of Education in the amount of the grant [
2831 Section 54. Section 53A-1-903 is amended to read:
2832 53A-1-903. Federal programs -- School official duties.
2833 (1) School officials may:
2834 (a) apply for, receive, and administer funds made available through programs of the
2835 federal government;
2836 (b) only expend federal funds for the purposes for which they are received and are
2837 accounted for by the state, school district, or charter school; and
2838 (c) reduce or eliminate a program created with or expanded by federal funds to the
2839 extent allowed by law when federal funds for that program are subsequently reduced or
2840 eliminated.
2841 (2) School officials shall:
2842 (a) prioritize resources, especially to resolve conflicts between federal provisions or
2843 between federal and state programs, including:
2844 (i) providing first priority to meeting state goals, objectives, program needs, and
2845 accountability systems as they relate to federal programs; and
2846 (ii) providing second priority to implementing federal goals, objectives, program needs,
2847 and accountability systems that do not directly and simultaneously advance state goals,
2848 objectives, program needs, and accountability systems;
2849 (b) interpret the provisions of federal programs in the best interest of students in this
2850 state;
2851 (c) maximize local control and flexibility;
2852 (d) minimize additional state resources that are diverted to implement federal programs
2853 beyond the federal [
2854 (e) request changes to federal educational programs, especially programs that are
2855 underfunded or provide conflicts with other state or federal programs, including:
2856 (i) federal statutes;
2857 (ii) federal regulations; and
2858 (iii) other federal policies and interpretations of program provisions; and
2859 (f) seek waivers from all possible federal statutes, requirements, regulations, and
2860 program provisions from federal education officials to:
2861 (i) maximize state flexibility in implementing program provisions; and
2862 (ii) receive reasonable time to comply with federal program provisions.
2863 (3) The requirements of school officials under this part, including the responsibility to
2864 lobby federal officials, are not intended to mandate school officials to incur costs or require the
2865 hiring of lobbyists, but are intended to be performed in the course of school officials' normal
2866 duties.
2867 Section 55. Section 53A-1a-108 is amended to read:
2868 53A-1a-108. School community councils authorized -- Duties -- Composition --
2869 Election procedures and selection of members.
2870 (1) As used in this section:
2871 (a) (i) "Parent or guardian member" means a member of a school community council
2872 who is a parent or guardian of a student who is attending the school or who will be enrolled at
2873 the school at any time during the parent's or guardian's initial term of office.
2874 (ii) "Parent or guardian member" may not include a person who meets the definition of
2875 a school employee member unless the person's employment at the school does not exceed an
2876 average of six hours per week.
2877 (b) "School employee member" means a member of a school community council who
2878 is a person employed at a school by the school or school district, including the principal.
2879 (2) Each public school, in consultation with its local school board, shall establish a
2880 school community council at the school building level.
2881 (3) (a) Each school community council shall:
2882 (i) develop a school improvement plan in accordance with Section 53A-1a-108.5 ;
2883 (ii) develop the School LAND Trust Program in accordance with Section
2884 53A-16-101.5 ;
2885 (iii) assist in the development and implementation of a staff professional development
2886 plan as provided by Section 53A-3-701 ;
2887 (iv) develop a child access routing plan in accordance with Section 53A-3-402 ; and
2888 (v) advise and make recommendations to school and school district administrators and
2889 the local school board regarding the school and its programs, school district programs, and
2890 other issues relating to the community environment for students.
2891 (b) In addition to the duties specified in Subsection (3)(a), a school community council
2892 for an elementary school shall develop a reading achievement plan in accordance with Section
2893 53A-1-606.5 .
2894 (4) (a) Each school community council shall consist of school employee members and
2895 parent or guardian members in accordance with this section.
2896 (b) Except as provided in Subsection (4)(c):
2897 (i) each school community council for a high school shall have six parent or guardian
2898 members and five school employee members, including the principal; and
2899 (ii) each school community council for a school other than a high school shall have
2900 four parent or guardian members and three school employee members, including the principal.
2901 (c) (i) A school community council may have a larger membership provided that the
2902 number of parent or guardian members exceeds the number of school employee members.
2903 (ii) A school community council may have a smaller membership provided that:
2904 (A) the number of parent or guardian members exceeds the number of school employee
2905 members; and
2906 (B) there are at least two school employee members on the school community council.
2907 (5) (a) Each school employee member, except the principal, shall be elected by secret
2908 ballot by a majority vote of the school employees and serve a two-year term. The principal
2909 shall serve as an ex officio member with full voting privileges.
2910 (b) (i) Each parent or guardian member shall be elected by secret ballot at an election
2911 held at the school by a majority vote of those voting at the election and serve a two-year term.
2912 (ii) Only parents or guardians of students attending the school may vote at the election
2913 under Subsection (5)(b)(i).
2914 (iii) Any parent or guardian of a student who meets the qualifications of this section
2915 may file or declare himself as a candidate for election to a school community council.
2916 (c) (i) The principal of the school, or the principal's designee, shall provide notice of
2917 the available community council positions to school employees, parents, and guardians at least
2918 14 days before the date that voting commences for the elections held under Subsections (5)(a)
2919 and (5)(b).
2920 (ii) The notice shall include:
2921 (A) the dates and times of the elections;
2922 (B) a list of council positions that are up for election; and
2923 (C) instructions for becoming a candidate for a community council position.
2924 (iii) The principal of the school, or the principal's designee, shall oversee the elections
2925 held under Subsections (5)(a) and (5)(b).
2926 (iv) Ballots cast in an election held under Subsection (5)(b) shall be deposited in a
2927 secure ballot box;
2928 (d) Results of the elections held under Subsections (5)(a) and (5)(b) shall be made
2929 available to the public upon request.
2930 (e) (i) If a parent or guardian position on a school community council remains unfilled
2931 after an election is held, the other parent or guardian members of the council shall appoint a
2932 parent or guardian who meets the qualifications of this section to fill the position.
2933 (ii) If a school employee position on a school community council remains unfilled after
2934 an election is held, the other school employee members of the council shall appoint a school
2935 employee to fill the position.
2936 (iii) The chair of the community council shall notify the local school board of each
2937 appointment made under Subsection (5)(e)(i)[
2938 (iv) A member appointed to a school community council under Subsection (5)(e)(i) or
2939 (ii) shall serve a two-year term.
2940 (f) Initial terms shall be staggered so that no more than 50% of the council members
2941 stand for election in any one year.
2942 (g) (i) Each public school, in consultation with its local school board, shall set the
2943 beginning date of the term of office for school community council members.
2944 (ii) Council members may serve up to three successive terms.
2945 (h) (i) Each school community council shall elect a chair and vice chair from its parent
2946 or guardian members and elected employee members.
2947 (ii) No more than one parent or guardian member or elected employee member may at
2948 the same time serve as an officer specified in Subsection (5)(h)(i).
2949 (6) (a) A school community council may create subcommittees or task forces to:
2950 (i) advise or make recommendations to the council; or
2951 (ii) develop all or part of a plan listed in Subsection (3).
2952 (b) Any plan or part of a plan developed by a subcommittee or task force shall be
2953 subject to the approval of the school community council.
2954 (c) A school community council may appoint individuals who are not council members
2955 to serve on a subcommittee or task force, including parents, school employees, or other
2956 community members.
2957 (7) (a) A school community council shall provide the following information:
2958 (i) the proposed school community council meeting schedule for the year, provided
2959 during the first two weeks of the school year;
2960 (ii) a summary of the school community council's actions and activities during the first
2961 half of the school year information, provided at the mid-point of the school year; and
2962 (iii) a summary of the annual report required under Section 53A-16-101.5 on how the
2963 school's School LAND Trust Program [
2964 academic excellence at the school and implement a component of the school's improvement
2965 plan, provided at the beginning of the next school year.
2966 (b) The school community council shall provide the information described in
2967 Subsection (7)(a) by:
2968 (i) posting the information on the school's website; and
2969 (ii) providing individual delivery to each household that has a student attending the
2970 school by:
2971 (A) mailing the information;
2972 (B) delivering a voice message describing the information and explaining where to
2973 obtain the full information;
2974 (C) sending an e-mail message containing the information;
2975 (D) providing the information in a packet that is to be delivered to a student's parent or
2976 guardian:
2977 (I) during the school's annual registration period; or
2978 (II) with the student's report card; or
2979 (E) using a combination of the methods described in Subsections (7)(b)(ii)(A) through
2980 (D).
2981 (8) A school community council shall, at least one week prior to a meeting, post the
2982 following information on the school's website:
2983 (a) notice of the meeting date, time, and place;
2984 (b) an agenda for the meeting; and
2985 (c) a summary of the previous meeting.
2986 Section 56. Section 53A-1a-601 is amended to read:
2987 53A-1a-601. Job enhancements for mathematics, science, technology, and special
2988 education training.
2989 (1) As used in this part, "special education teacher" includes occupational therapist.
2990 (2) The Public Education Job Enhancement Program is established to attract, train, and
2991 retain highly qualified:
2992 (a) secondary teachers with expertise in mathematics, physics, chemistry, physical
2993 science, learning technology, or information technology;
2994 (b) special education teachers; and
2995 (c) teachers in grades four through six with mathematics endorsements.
2996 (3) The program shall provide for the following:
2997 (a) application by a school district superintendent or the principal of a school on behalf
2998 of a qualified teacher;
2999 (b) an award of up to $20,000 or a scholarship to cover the tuition costs for a master's
3000 degree, an endorsement, or graduate education in the areas identified in Subsection (2) to be
3001 given to selected public school teachers on a competitive basis:
3002 (i) whose applications are approved under Subsection 53A-1a-602 (4); and
3003 (ii) who teach in the state's public education system for four years in the areas
3004 identified in Subsection (2);
3005 (c) (i) as to the cash awards under Subsection (3)(b), payment of the award in two
3006 installments, with an initial payment of up to $10,000 at the beginning of the term and up to
3007 $10,000 at the conclusion of the term;
3008 (ii) repayment of a portion of the initial payment by the teacher if the teacher fails to
3009 complete two years of the four-year teaching term in the areas identified in Subsection (2) as
3010 provided by rule of the State Board of Education in accordance with Title 63G, Chapter 3, Utah
3011 Administrative Rulemaking Act, unless waived for good cause by the Job Enhancement
3012 Committee created in Section 53A-1a-602 ; and
3013 (iii) nonpayment of the second installment if the teacher fails to complete the four-year
3014 teaching term; and
3015 (d) (i) as to the scholarships awarded under Subsection (3)(b), provision for the
3016 providing institution to certify adequate performance in obtaining the master's degree,
3017 endorsement, or graduate education in order for the teacher to maintain the scholarship; and
3018 (ii) repayment by the teacher of a prorated portion of the scholarship, if the teacher fails
3019 to complete the authorized classes or program or to teach in the state system of public
3020 education in the areas identified in Subsection (2) for four years after obtaining the master's
3021 degree, the endorsement, or graduate education.
3022 (4) An individual teaching in the public schools under a letter of authorization may
3023 participate in the cash award program if:
3024 (a) the individual has taught under the letter of authorization for at least one year in the
3025 areas referred to in Subsection (2); and
3026 (b) the application made under Subsection (3)(a) is based in large part upon the
3027 individual receiving a superior evaluation as a classroom teacher.
3028 (5) (a) The program may provide for the expenditure of up to $1,000,000 of available
3029 [
3030 available, to provide professional development training to superintendents, administrators, and
3031 principals in the effective use of technology in public schools.
3032 (b) An award granted under this Subsection (5) shall be made in accordance with
3033 criteria developed and adopted by the Job Enhancement Committee created in Section
3034 53A-1a-602 .
3035 (c) An amount up to $120,000 of the $1,000,000 authorized in Subsection (5)(a) may