Download Zipped Enrolled WordPerfect HB0399.ZIP
[Introduced][Status][Bill Documents][Fiscal Note] [Bills Directory]
H.B. 399 Enrolled
1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill modifies the names of certain funds and accounts.
10 Highlighted Provisions:
11 This bill:
12 . changes the terminology of each "restricted special revenue fund" to a new
13 designation of "expendable special revenue fund";
14 . classifies the following funds as "capital projects funds":
15 . The Transportation Investment Fund of 2005;
16 . The Centennial Highway Fund; and
17 . The Critical Highway Needs Fund;
18 . modifies the description of fund types to better comply with new Government
19 Accounting Standards Board requirements; and
20 . provides that the Attorney General Litigation Fund is an expendable revenue fund.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 This bill provides revisor instructions.
25 Utah Code Sections Affected:
26 AMENDS:
27 4-2-8.5, as last amended by Laws of Utah 2011, Chapters 303 and 342
28 9-6-502, as last amended by Laws of Utah 2002, Chapter 256
29 9-7-206, as last amended by Laws of Utah 2002, Chapter 256
30 9-8-702, as last amended by Laws of Utah 2002, Chapter 256
31 13-2-8, as last amended by Laws of Utah 2008, Chapter 382
32 19-6-307, as last amended by Laws of Utah 2002, Chapter 256
33 19-6-807, as last amended by Laws of Utah 2012, Chapter 263
34 26-10-2.5, as last amended by Laws of Utah 2002, Chapter 256
35 26-18b-101, as last amended by Laws of Utah 2012, Chapter 242
36 26-36a-202, as enacted by Laws of Utah 2010, Chapter 179
37 26-36a-207, as enacted by Laws of Utah 2010, Chapter 179
38 26-50-201, as enacted by Laws of Utah 2008, Chapter 325
39 26-54-102, as enacted by Laws of Utah 2012, Chapter 226
40 31A-41-201, as enacted by Laws of Utah 2008, Chapter 220
41 32B-2-305, as last amended by Laws of Utah 2012, Fourth Special Session, Chapter 1
42 35A-3-116, as last amended by Laws of Utah 2012, Chapters 212 and 246
43 35A-3-206, as last amended by Laws of Utah 2011, Chapter 342
44 35A-8-727, as renumbered and amended by Laws of Utah 2012, Chapter 212
45 35A-8-1009, as renumbered and amended by Laws of Utah 2012, Chapter 212
46 35A-8-1301, as renumbered and amended by Laws of Utah 2012, Chapter 212
47 35A-8-1602, as renumbered and amended by Laws of Utah 2012, Chapter 212
48 35A-8-1704, as renumbered and amended by Laws of Utah 2012, Chapter 212
49 38-11-201, as last amended by Laws of Utah 2009, Chapters 183 and 368
50 40-10-25.1, as last amended by Laws of Utah 2011, Chapter 342
51 51-5-4, as last amended by Laws of Utah 2010, Chapter 278
52 51-5-7, as last amended by Laws of Utah 2008, Chapter 382
53 51-9-404, as last amended by Laws of Utah 2011, Chapters 131 and 342
54 54-8b-15, as last amended by Laws of Utah 2002, Chapters 256 and 320
55 58-3a-103, as last amended by Laws of Utah 2009, Chapter 183
56 58-11a-103, as last amended by Laws of Utah 2007, Chapter 209
57 58-22-103, as last amended by Laws of Utah 2009, Chapter 183
58 58-53-103, as last amended by Laws of Utah 2009, Chapter 183
59 58-67a-1, as last amended by Laws of Utah 2002, Chapter 256
60 59-27-105, as last amended by Laws of Utah 2011, Chapter 309
61 61-1-18.7, as last amended by Laws of Utah 2011, Chapter 318
62 61-2c-501, as last amended by Laws of Utah 2010, Chapter 379
63 61-2f-503, as renumbered and amended by Laws of Utah 2010, Chapter 379
64 62A-1-119, as last amended by Laws of Utah 2011, Chapters 303 and 342
65 62A-3-110, as last amended by Laws of Utah 2012, Chapter 242
66 62A-15-103, as last amended by Laws of Utah 2012, Chapter 242
67 63A-3-505, as last amended by Laws of Utah 2011, Chapter 342 and renumbered and
68 amended by Laws of Utah 2011, Chapter 79
69 63A-11-203, as last amended by Laws of Utah 2011, Chapters 265 and 303
70 63A-12-109, as enacted by Laws of Utah 2011, Chapter 265
71 63C-9-502, as last amended by Laws of Utah 2006, Chapter 256
72 63J-1-601, as renumbered and amended by Laws of Utah 2009, Chapters 183 and 368
73 63J-3-103, as last amended by Laws of Utah 2010, Chapter 137
74 63M-1-2203, as renumbered and amended by Laws of Utah 2008, Chapter 382
75 63M-1-2612, as last amended by Laws of Utah 2009, Chapter 183
76 67-4-18, as last amended by Laws of Utah 2012, Chapter 212
77 67-5-24, as enacted by Laws of Utah 2007, Chapter 124
78 71-11-8, as last amended by Laws of Utah 2007, Chapter 173
79 72-2-118, as last amended by Laws of Utah 2012, Chapters 207 and 397
80 72-2-124, as last amended by Laws of Utah 2012, Chapters 207, 397, and 400
81 72-2-125, as last amended by Laws of Utah 2012, Chapter 207
82 76-10-922, as last amended by Laws of Utah 2009, Chapter 61
83 79-3-402, as renumbered and amended by Laws of Utah 2009, Chapter 344
84
85 Be it enacted by the Legislature of the state of Utah:
86 Section 1. Section 4-2-8.5 is amended to read:
87 4-2-8.5. Salinity Offset Fund.
88 (1) As used in this section, "Colorado River Salinity Offset Program" means a
89 program, administered by the Division of Water Quality, allowing oil, gas, or mining
90 companies and other entities to provide funds to finance salinity reduction projects in the
91 Colorado River Basin by purchasing salinity credits as offsets against discharges made by the
92 company under permits issued by the Division of Water Quality.
93 (2) (a) There is created [
94 "Salinity Offset Fund."
95 (b) The fund shall consist of:
96 (i) money received from the Division of Water Quality that has been collected as part of
97 the Colorado River Salinity Offset Program;
98 (ii) grants from local governments, the state, or the federal government;
99 (iii) grants from private entities; and
100 (iv) interest on fund money.
101 (3) (a) The department shall:
102 (i) subject to the rules established under Subsection (3)(a)(ii), distribute fund money to
103 farmers, ranchers, mutual irrigation companies, and other entities in the state to assist in
104 financing irrigation, rangeland, and watershed improvement projects that will, in accordance
105 with the Colorado River Salinity Offset Program, reduce salinity in the Colorado River; and
106 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
107 make rules establishing:
108 (A) a project funding application process;
109 (B) project funding requirements;
110 (C) project approval criteria; and
111 (D) standards for evaluating the effectiveness of funded projects in reducing salinity in
112 the Colorado River.
113 (b) The department may require entities seeking fund money to provide matching
114 funds.
115 (c) The department shall submit to the Water Quality Board's executive secretary
116 proposed funding projects for the executive secretary's review and approval.
117 (4) The department may use fund money for the administration of the fund, but this
118 amount may not exceed 10% of the annual receipts to the fund.
119 Section 2. Section 9-6-502 is amended to read:
120 9-6-502. Utah Arts Endowment Fund.
121 (1) There is created [
122 "Utah Arts Endowment Fund."
123 (2) The state fund shall be administered by the board in accordance with applicable
124 law.
125 (3) Any administrative costs incurred by the board shall be reviewed by the appropriate
126 appropriations committee of the Legislature.
127 (4) The state fund shall contain all money appropriated to it by the Legislature, all
128 federal funds received for purposes of this part, plus interest and other income earned on them.
129 (5) The purpose of the state fund is to provide money to qualifying arts organizations to
130 enable them to create their own arts endowment funds and to the board to administer the state
131 fund.
132 Section 3. Section 9-7-206 is amended to read:
133 9-7-206. State Library Donation Fund -- Deposits and fees.
134 (1) There is created [
135 Library Donation Fund" to receive bequests, gifts, and endowments of money.
136 (2) Any interest or proceeds realized from the use or disposition of property received
137 by the division or interest on the fund itself shall be deposited in the State Library Donation
138 Fund and used by the State Library Division for the purposes specified by the donor.
139 (3) All fees paid to the library and collections made due to damaged books or through
140 sale or exchange of books and other materials shall be deposited in the General Fund as
141 dedicated credits for use by the State Library Division.
142 Section 4. Section 9-8-702 is amended to read:
143 9-8-702. Utah History Endowment Fund.
144 There is created [
145 History Endowment Fund." The state fund shall be administered by the Division of Finance in
146 accordance with applicable law. The state fund shall contain all money appropriated to it by
147 the Legislature and the interest and other income earned on the fund. The purpose of the state
148 fund is to provide money to qualifying organizations to enable them to create their own history
149 endowment funds.
150 Section 5. Section 13-2-8 is amended to read:
151 13-2-8. Consumer Protection Education and Training Fund.
152 (1) There is created [
153 "Consumer Protection Education and Training Fund."
154 (2) (a) Unless otherwise provided by a chapter listed in Section 13-2-1 , all money not
155 distributed as consumer restitution that is received by the division from administrative fines
156 and settlements, from criminal restitution, or from civil damages, forfeitures, penalties, and
157 settlements when the division receives the money on its own behalf and not in a representative
158 capacity, shall be deposited into the fund.
159 (b) Any portion of the fund may be maintained in an interest-bearing account.
160 (c) All interest earned on fund money shall be deposited into the fund.
161 (3) Notwithstanding Title 63J, Chapter 1, Budgetary Procedures Act, the division may
162 use the fund with the approval of the executive director of the Department of Commerce in a
163 manner consistent with the duties of the division under this chapter for:
164 (a) consumer protection education for members of the public;
165 (b) equipment for and training of division personnel;
166 (c) publication of consumer protection brochures, laws, policy statements, or other
167 material relevant to the division's enforcement efforts; and
168 (d) investigation and litigation undertaken by the division.
169 (4) If the balance in the fund exceeds $100,000 at the close of any fiscal year, the
170 excess shall be transferred to the General Fund.
171 Section 6. Section 19-6-307 is amended to read:
172 19-6-307. Hazardous Substances Mitigation Fund -- Uses.
173 (1) There is created [
174 "Hazardous Substances Mitigation Fund."
175 (2) The fund consists of money generated from the following revenue sources:
176 (a) any voluntary contributions received for the cleanup of hazardous substances
177 facilities;
178 (b) appropriations made to the fund by the Legislature; and
179 (c) money received by the state under Section 19-6-310 and Section 19-6-316 .
180 (3) (a) The fund shall earn interest.
181 (b) All interest earned on fund money shall be deposited into the fund.
182 (4) The executive director may use fund money to:
183 (a) take emergency action as provided in Sections 19-6-309 and 19-6-310 ;
184 (b) conduct remedial investigations as provided in Sections 19-6-314 through
185 19-6-316 ;
186 (c) pay the amount required by the federal government as the state's portion of the cost
187 of cleanups under authority of CERCLA, as appropriated by the Legislature for that purpose;
188 and
189 (d) pay the amount required by the federal government as the state's portion of the cost
190 of cleanups under 42 U.S.C. 6991 et seq., the Leaking Underground Storage Tank Trust Fund,
191 as appropriated by the Legislature for that purpose.
192 Section 7. Section 19-6-807 is amended to read:
193 19-6-807. Special revenue fund -- Creation -- Deposits.
194 (1) There is created [
195 "Waste Tire Recycling Fund."
196 (2) The fund shall consist of:
197 (a) the proceeds of the fee imposed under Section 19-6-805 ; and
198 (b) penalties collected under this part.
199 (3) Money in the fund shall be used for:
200 (a) partial reimbursement of the costs of transporting, processing, recycling, or
201 disposing of waste tires as provided in this part; and
202 (b) payment of administrative costs of local health departments as provided in Section
203 19-6-817 .
204 (4) The Legislature may appropriate money from the fund to pay for costs of the
205 Department of Environmental Quality in administering and enforcing this part.
206 Section 8. Section 26-10-2.5 is amended to read:
207 26-10-2.5. Creation of fund -- Fund money -- Use for maternal and child
208 nutrition program.
209 (1) (a) There is created [
210 "Women, Infants, and Children (WIC) Supplemental Food Program Fund."
211 (b) As used in this section, "fund" means the fund created in this Subsection (1).
212 (2) All grant money of $450,000 received by the Division of Community and Family
213 Health Services created in Title 26, Chapter 10, from infant formula companies, for the
214 purpose of promoting the health of women, infants, and children by assuring they have
215 opportunities for access to good nutrition, shall be deposited in this fund.
216 (3) Money in the fund may be used only:
217 (a) for the department's special supplemental food program for women, infants, and
218 children; and
219 (b) upon joint agreement of the department and the State WIC Advisory Council
220 established by the department.
221 (4) The fund shall be incorporated into the department WIC plan.
222 Section 9. Section 26-18b-101 is amended to read:
223 26-18b-101. Organ Donation Contribution Fund created.
224 (1) (a) There is created [
225 Organ Donation Contribution Fund.
226 (b) The Organ Donation Contribution Fund shall consist of:
227 (i) private contributions;
228 (ii) donations or grants from public or private entities;
229 (iii) voluntary donations collected under Sections 41-1a-230.5 and 53-3-214.7 ; and
230 (iv) interest and earnings on fund money.
231 (c) The cost of administering the Organ Donation Contribution Fund shall be paid from
232 money in the fund.
233 (2) The Department of Health shall:
234 (a) administer the funds deposited in the Organ Donation Contribution Fund;
235 (b) select qualified organizations and distribute the funds in the Organ Donation
236 Contribution Fund in accordance with Subsection (3); and
237 (c) make an annual report on the fund to the Social Services Appropriations
238 Subcommittee.
239 (3) (a) The funds in the Organ Donation Contribution Fund may be distributed to a
240 selected organization that:
241 (i) promotes and supports organ donation;
242 (ii) assists in maintaining and operating a statewide organ donation registry; and
243 (iii) provides donor awareness education.
244 (b) An organization that meets the criteria of Subsections (3)(a)(i) through (iii) may
245 apply to the Department of Health, in a manner prescribed by the department, to receive a
246 portion of the money contained in the Organ Donation Contribution Fund.
247 Section 10. Section 26-36a-202 is amended to read:
248 26-36a-202. Assessment, collection, and payment of hospital provider assessment.
249 (1) A uniform, broad based, assessment is imposed on each hospital as defined in
250 Subsection 26-36a-103 (4)(a):
251 (a) in the amount designated in Section 26-36a-203 ; and
252 (b) in accordance with Section 26-36a-204 , beginning when the division has obtained
253 approval from the Center for Medicare and Medicaid Services and provided notice of the
254 assessment to the hospital.
255 (2) (a) The assessment imposed by this chapter is due and payable on a quarterly basis
256 in accordance with Section 26-36a-204 .
257 (b) The collecting agent for this assessment is the department which is vested with the
258 administration and enforcement of this chapter, including the right to adopt administrative rules
259 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to:
260 (i) implement and enforce the provisions of this act; and
261 (ii) audit records of a facility:
262 (A) that is subject to the assessment imposed by this chapter; and
263 (B) does not file a Medicare cost report.
264 (c) The department shall forward proceeds from the assessment imposed by this
265 chapter to the state treasurer for deposit in the [
266 specified in Section 26-36a-207 .
267 (3) The department may, by rule, extend the time for paying the assessment.
268 Section 11. Section 26-36a-207 is amended to read:
269 26-36a-207. Hospital Provider Assessment Expendable Revenue Fund -- Creation
270 -- Deposits.
271 (1) There is created [
272 "Hospital Provider Assessment [
273 (2) The fund shall consist of:
274 (a) the assessments collected by the department under this chapter;
275 (b) any interest and penalties levied with the administration of this chapter; and
276 (c) any other funds received as donations for the [
277 from other sources.
278 (3) Money in the fund shall be used:
279 (a) to make inpatient hospital access payments under Section 26-36a-205 ; and
280 (b) to reimburse money collected by the division from a hospital through a mistake
281 made under this chapter.
282 Section 12. Section 26-50-201 is amended to read:
283 26-50-201. Traumatic Brain Injury Fund.
284 (1) There is created [
285 Traumatic Brain Injury Fund.
286 (2) The fund shall consist of:
287 (a) gifts, grants, donations, or any other conveyance of money that may be made to the
288 fund from private sources; and
289 (b) additional amounts as appropriated by the Legislature.
290 (3) The fund shall be administered by the executive director.
291 (4) Fund money may be used to:
292 (a) educate the general public and professionals regarding understanding, treatment,
293 and prevention of traumatic brain injury;
294 (b) provide access to evaluations and coordinate short-term care to assist an individual
295 in identifying services or support needs, resources, and benefits for which the individual may
296 be eligible;
297 (c) develop and support an information and referral system for persons with a traumatic
298 brain injury and their families; and
299 (d) provide grants to persons or organizations to provide the services described in
300 Subsections (4)(a), (b), and (c).
301 (5) Not less that 50% of the fund shall be used each fiscal year to directly assist
302 individuals who meet the qualifications described in Subsection (6).
303 (6) An individual who receives services either paid for from the fund, or through an
304 organization under contract with the fund, shall:
305 (a) be a resident of Utah;
306 (b) have been diagnosed by a qualified professional as having a traumatic brain injury
307 which results in impairment of cognitive or physical function; and
308 (c) have a need that can be met within the requirements of this chapter.
309 (7) The fund may not duplicate any services or support mechanisms being provided to
310 an individual by any other government or private agency.
311 (8) All actual and necessary operating expenses for the committee and staff shall be
312 paid by the fund.
313 (9) The fund may not be used for medical treatment, long-term care, or acute care.
314 Section 13. Section 26-54-102 is amended to read:
315 26-54-102. Creation -- Traumatic Spinal Cord and Brain Injury Rehabilitation
316 Fund.
317 (1) Because the state finds that persons with traumatic spinal cord and brain injuries
318 require intensive, focused, and specific rehabilitation there is created [
319 expendable special revenue fund entitled the Traumatic Spinal Cord and Brain Injury
320 Rehabilitation Fund.
321 (2) The fund shall consist of:
322 (a) gifts, grants, donations, or any other conveyance of money that may be made to the
323 fund from private sources;
324 (b) a portion of the impound fee as designated in Section 41-6a-1406 ; and
325 (c) amounts as appropriated by the Legislature.
326 (3) The fund shall be administered by the executive director of the Department of
327 Health in consultation with the advisory committee created in Section 26-54-103 .
328 (4) A "qualified IRC 501(c)(3) charitable clinic" means a professional medical clinic
329 that:
330 (a) provides services for people in this state with traumatic spinal cord and brain
331 injuries who require post-acute-care;
332 (b) employs licensed therapy clinicians; and
333 (c) has no less than five years experience operating a post-acute-care rehabilitation
334 clinic in the state.
335 (5) Fund money shall be used to assist qualified IRC 501(c)(3) charitable clinics to
336 provide:
337 (a) physical, occupational, and speech therapy; and
338 (b) equipment necessary for daily living activities for people with spinal cord and brain
339 injuries.
340 (6) All actual and necessary operating expenses for the advisory committee and staff
341 shall be paid by the fund.
342 Section 14. Section 31A-41-201 is amended to read:
343 31A-41-201. Creation of Title Insurance Recovery, Education, and Research
344 Fund.
345 (1) There is created [
346 the "Title Insurance Recovery, Education, and Research Fund."
347 (2) The fund shall consist of:
348 (a) assessments on title insurance producers made under this chapter;
349 (b) amounts collected under Section 31A-41-305 ; and
350 (c) interest earned on the fund.
351 (3) Interest on fund money shall be deposited into the fund.
352 (4) The department shall administer the fund.
353 Section 15. Section 32B-2-305 is amended to read:
354 32B-2-305. Alcoholic Beverage Control Act Enforcement Fund.
355 (1) As used in this section:
356 (a) "Alcohol-related law enforcement officer" is as defined in Section 32B-1-201 .
357 (b) "Enforcement ratio" is as defined in Section 32B-1-201 .
358 (c) "Fund" means the Alcoholic Beverage Control Act Enforcement Fund created in
359 this section.
360 (2) There is created [
361 "Alcoholic Beverage Control Act Enforcement Fund."
362 (3) (a) The fund consists of:
363 (i) deposits made under Subsection (4); and
364 (ii) interest earned on the fund.
365 (b) The fund shall earn interest. Interest on the fund shall be deposited into the fund.
366 (4) After the deposit made under Section 32B-2-304 for the school lunch program, the
367 department shall deposit 1% of the total gross revenue from the sale of liquor with the state
368 treasurer to be credited to the fund to be used by the Department of Public Safety as provided
369 in Subsection (5).
370 (5) (a) The Department of Public Safety shall expend money from the fund to
371 supplement appropriations by the Legislature so that the Department of Public Safety maintains
372 a sufficient number of alcohol-related law enforcement officers such that beginning on July 1,
373 2012, each year the enforcement ratio as of July 1 is equal to or less than the number specified
374 in Section 32B-1-201 .
375 (b) Beginning July 1, 2012, four alcohol-related law enforcement officers shall have as
376 a primary focus the enforcement of this title in relationship to restaurants.
377 Section 16. Section 35A-3-116 is amended to read:
378 35A-3-116. Refugee Services Fund -- Use of money -- Committee and director
379 duties -- Restrictions.
380 (1) There is created [
381 "Refugee Services Fund," hereafter referred to in this section as "the fund."
382 (2) The director or the director's designee, hereafter referred to in this section as the
383 director, shall administer the fund with input from the Housing and Community Development
384 Division, including any advisory committees within the Housing and Community Development
385 Division that deal with refugee services issues.
386 (3) (a) Money shall be deposited into the fund from numerous sources, including
387 federal grants, private foundations, and individual donors.
388 (b) The director shall encourage a refugee who receives services from activities funded
389 under Subsection (8) to become a donor to the fund once the refugee's financial situation
390 improves to the point where the refugee is capable of making a donation.
391 (4) The director may not expend money in the fund that is not restricted to a specific
392 use under federal law or by donors without input from the Housing and Community
393 Development Division, either directly or through an advisory committee identified in
394 Subsection (2).
395 (5) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
396 State Money Management Act, and all interest or other earnings derived from the fund money
397 shall be deposited in the fund.
398 (6) The money in the fund may not be used by the director for administrative expenses.
399 (7) If the Housing and Community Development Division establishes a refugee
400 services advisory committee referred to in Subsection (2), that committee may:
401 (a) advise the director on refugee services needs in the state and on relevant operational
402 aspects of any grant or revenue collection program established under this part;
403 (b) recommend specific refugee projects to the director;
404 (c) recommend policies and procedures for administering the fund;
405 (d) make recommendations on grants made from the fund for any of the refugee
406 services activities authorized under this section;
407 (e) advise the director on the criteria by which grants shall be made from the fund;
408 (f) recommend the order in which approved projects would be funded;
409 (g) make recommendations regarding the distribution of money from the fund in
410 accordance with the procedures, conditions, and restrictions placed upon money in the fund by
411 donors; and
412 (h) have joint responsibility to solicit public and private funding for the fund.
413 (8) The director may use fund money to:
414 (a) train an existing refugee organization to develop its capacity to operate
415 professionally and effectively and to become an independent, viable organization; or
416 (b) provide grants to an existing refugee organization and other entities identified in
417 Subsection (9) to assist them:
418 (i) with case management;
419 (ii) in meeting emergency housing needs for refugees;
420 (iii) in providing English language services;
421 (iv) in providing interpretive services;
422 (v) in finding and maintaining employment for refugees;
423 (vi) in collaborating with the state's public education system to improve the
424 involvement of refugee parents in assimilating their children into public schools;
425 (vii) in meeting the health and mental health needs of refugees;
426 (viii) in providing or arranging for child care services; or
427 (ix) in administering refugee services.
428 (9) In addition to Subsection (8), the director with advice from the Housing and
429 Community Development Division or its refugee services advisory committee, if one is
430 created, may grant fund money for refugee services outlined in Subsection (8) through a
431 request for proposal process to:
432 (a) local governments;
433 (b) nonprofit community, charitable, or neighborhood-based organizations or private
434 for profit organizations that deal solely or in part with providing or arranging for the provision
435 of refugee services; or
436 (c) regional or statewide nonprofit organizations.
437 (10) The director shall enter into a written agreement with each successful grant
438 applicant that has specific terms for each grant consistent with the provisions of this section
439 that includes the structure, amount, and nature of the grant.
440 (11) The director shall monitor the activities of the recipients of grants issued from the
441 fund on an annual basis to ensure compliance with the terms and conditions imposed on the
442 recipient by the fund.
443 (12) An entity receiving a grant shall provide the director with periodic accounting of
444 how the money it received from the fund was spent.
445 (13) The director shall submit an annual written report to the Economic Development
446 and Workforce Services Interim Committee before November 1 regarding the status of the fund
447 and the programs and services funded by the fund.
448 Section 17. Section 35A-3-206 is amended to read:
449 35A-3-206. Child Care Fund -- Use of money -- Committee and director duties --
450 Restrictions.
451 (1) There is created [
452 "Child Care Fund."
453 (2) The director of the office shall administer the fund under the direction of the
454 committee.
455 (3) (a) The office may form nonprofit corporations or foundations controlled by the
456 director of the office and the committee to aid and assist the office in attaining its charitable,
457 research, and educational objectives.
458 (b) The nonprofit corporations or foundations may receive and administer Legislative
459 appropriations, government grants, contracts, and private gifts to carry out their public
460 purposes.
461 (c) Money collected by the nonprofit corporation or foundation may be deposited in the
462 Child Care Fund.
463 (d) A nonprofit foundation controlled by the director of the office and the committee
464 shall submit to the Division of Finance, within 60 days after the close of the foundation's fiscal
465 year, a financial report summarizing the foundation's financial position and results of
466 operations of the most recent fiscal year.
467 (4) (a) There shall be deposited into the fund money from numerous sources, including,
468 grants, private foundations, and individual donors.
469 (b) The fund shall be used to accept money designated for child care initiatives
470 improving the quality, affordability, or accessibility of child care.
471 (5) The money in the fund that is not restricted to a specific use under federal law or by
472 donors may not be expended without approval of the committee.
473 (6) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
474 State Money Management Act, except that all interest or other earnings derived from the fund
475 money shall be deposited in the fund.
476 (7) The money in the fund may not be used for administrative expenses of the office
477 normally provided for by legislative appropriation.
478 (8) The committee shall:
479 (a) advise the director of the office on child care needs in the state and on relevant
480 operational aspects of any grant, loan, or revenue collection program established under this
481 part;
482 (b) recommend specific child care projects to the director of the office;
483 (c) recommend policy and procedures for administering the fund;
484 (d) make recommendations on grants, loans, or contracts from the fund for any of the
485 child care activities authorized under this part;
486 (e) establish the criteria by which loans and grants will be made;
487 (f) determine the order in which approved child care projects will be funded;
488 (g) make recommendations regarding the distribution of money from the fund in
489 accordance with the procedures, conditions, and restrictions placed upon the money by the
490 donors; and
491 (h) have joint responsibility with the office to solicit public and private funding for the
492 fund.
493 (9) Fund money shall be used for any of the following activities:
494 (a) training of child care providers;
495 (b) scholarships and grants for child care providers' professional development;
496 (c) child care public awareness and consumer education services;
497 (d) child care provider recruitment;
498 (e) Office of Child Care sponsored activities;
499 (f) matching money for obtaining grants; or
500 (g) other activities that will assist in the improvement of child care quality,
501 affordability, or accessibility.
502 (10) The director of the office, with the consent of the committee and the executive
503 director, may grant, lend, or contract fund money for child care purposes to:
504 (a) local governments;
505 (b) nonprofit community, charitable, or neighborhood-based organizations;
506 (c) regional or statewide nonprofit organizations; or
507 (d) child care providers.
508 (11) Preference may be given but awards may not be limited to applicants for fund
509 money that demonstrate any of the following:
510 (a) programmatic or financial need;
511 (b) diversity of clientele or geographic location; and
512 (c) coordination with or enhancement of existing services.
513 (12) The executive director or the executive director's designee shall monitor the
514 activities of the recipients of grants, loans, or contracts issued from the fund on an annual basis
515 to ensure compliance with the terms and conditions imposed on the recipient by the fund.
516 (13) The entities receiving grants, loans, or contracts shall provide the director of the
517 office with an annual accounting of how the money they received from the fund has been spent.
518 (14) (a) The director of the office shall make an annual report to the committee
519 regarding the status of the fund and the programs and services funded by the fund.
520 (b) The report shall be included as a component of the report to the Legislature
521 required under Subsection 35A-3-203 (11).
522 Section 18. Section 35A-8-727 is amended to read:
523 35A-8-727. New housing grants -- Reimbursement from Housing Relief
524 Expendable Special Revenue Fund.
525 (1) Subject to the availability of funds in the Housing Relief [
526 Special Revenue Fund created in Section 67-4-18 , the corporation shall approve on behalf of
527 the state a grant of $6,000 to a person who:
528 (a) purchases a newly constructed, never-occupied residence in Utah using a 30-year
529 fixed interest rate note and mortgage; and
530 (b) meets the requirements established in Subsections (2) and (3).
531 (2) A person may not receive a grant under this section if the person's income, as
532 determined by the corporation, exceeds:
533 (a) $75,000 for a single person; or
534 (b) $150,000 for a married couple.
535 (3) The corporation shall establish procedures for determining a person's eligibility for
536 a grant under this section, including establishing a limit on the time that money for a grant may
537 remain in escrow, which may not exceed 90 days.
538 Section 19. Section 35A-8-1009 is amended to read:
539 35A-8-1009. Qualified Emergency Food Agencies Fund -- Expenditure of
540 revenues.
541 (1) As used in this section:
542 (a) "Association of governments" means the following created under the authority of
543 Title 11, Chapter 13, Interlocal Cooperation Act:
544 (i) an association of governments; or
545 (ii) a regional council that acts as an association of governments.
546 (b) "Food and food ingredients" is as defined in Section 59-12-102 .
547 (c) "Pounds of food donated" means the aggregate number of pounds of food and food
548 ingredients that are donated:
549 (i) to a qualified emergency food agency; and
550 (ii) by a person, other than an organization that as part of its activities operates a
551 program that has as the program's primary purpose to:
552 (A) warehouse and distribute food to other agencies and organizations providing food
553 and food ingredients to low-income persons; or
554 (B) provide food and food ingredients directly to low-income persons.
555 (d) "Qualified emergency food agency" means an organization that:
556 (i) is:
557 (A) exempt from federal income taxation under Section 501(c)(3), Internal Revenue
558 Code;
559 (B) an association of governments; or
560 (C) a food pantry operated by a municipality located within the state;
561 (ii) as part of its activities operates a program that has as the program's primary purpose
562 to:
563 (A) warehouse and distribute food to other agencies and organizations providing food
564 and food ingredients to low-income persons; or
565 (B) provide food and food ingredients directly to low-income persons; and
566 (iii) the office determines to be a qualified emergency food agency.
567 (2) There is created [
568 Qualified Emergency Food Agencies Fund.
569 (3) (a) The Qualified Emergency Food Agencies Fund shall be funded by the sales and
570 use tax revenues described in:
571 (i) Section 59-12-103 ;
572 (ii) Section 59-12-204 ; and
573 (iii) Section 59-12-1102 .
574 (b) Any interest earned on the Qualified Emergency Food Agencies Fund shall be
575 deposited into the General Fund.
576 (4) The office shall for a fiscal year distribute money deposited into the Qualified
577 Emergency Food Agencies Fund to qualified emergency food agencies within the state as
578 provided in this section.
579 (5) A qualified emergency food agency shall file an application with the office before
580 the qualified emergency food agency may receive a distribution under this section.
581 (6) Except as provided in Subsection (7), the office shall for a fiscal year distribute to a
582 qualified emergency food agency an amount equal to the product of:
583 (a) the pounds of food donated to the qualified emergency food agency during that
584 fiscal year; and
585 (b) 12 cents.
586 (7) If the money deposited into the Qualified Emergency Food Agencies Fund is
587 insufficient to make the distributions required by Subsection (6), the office shall make
588 distributions to qualified emergency food agencies in the order that the office receives
589 applications from the qualified emergency food agencies until all of the money deposited into
590 the Qualified Emergency Food Agencies Fund for the fiscal year is expended.
591 (8) A qualified emergency food agency may expend a distribution received in
592 accordance with this section only for a purpose related to:
593 (a) warehousing and distributing food and food ingredients to other agencies and
594 organizations providing food and food ingredients to low-income persons; or
595 (b) providing food and food ingredients directly to low-income persons.
596 (9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
597 Housing and Community Development Division may make rules providing procedures for
598 implementing the distributions required by this section, including:
599 (a) standards for determining and verifying the amount of a distribution that a qualified
600 emergency food agency may receive;
601 (b) procedures for a qualified emergency food agency to apply for a distribution,
602 including the frequency with which a qualified emergency food agency may apply for a
603 distribution; and
604 (c) consistent with Subsection (1)(d), determining whether an entity is a qualified
605 emergency food agency.
606 Section 20. Section 35A-8-1301 is amended to read:
607 35A-8-1301. Creation and administration.
608 (1) There is created [
609 "Intermountain Weatherization Training Fund."
610 (2) The Intermountain Weatherization Training Fund shall consist of:
611 (a) private contributions;
612 (b) donations or grants from public or private entities;
613 (c) fees;
614 (d) any money appropriated by the Legislature; and
615 (e) interest and earnings on fund money.
616 (3) The division shall authorize the expenditure of fund money to the Weatherization
617 Training Center for the administration, operation, maintenance, and support of the center
618 subject to:
619 (a) money available in the fund; and
620 (b) rules established under Subsection (5).
621 (4) Administrative costs of the Intermountain Weatherization Fund shall be paid from
622 the fund.
623 (5) The division shall:
624 (a) administer the money deposited in the Intermountain Weatherization Training
625 Fund;
626 (b) distribute the money in the Intermountain Weatherization Training Fund in
627 accordance with Subsection (5)(c); and
628 (c) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
629 Rulemaking Act, establishing:
630 (i) the procedures for awarding fund money; and
631 (ii) the procedure for the Weatherization Training Center to apply for money from the
632 Intermountain Weatherization Training Fund.
633 Section 21. Section 35A-8-1602 is amended to read:
634 35A-8-1602. Legislative intent -- Uintah Basin Revitalization Fund -- Deposits
635 and contents.
636 (1) In order to maximize the long-term benefit of severance taxes derived from lands
637 held in trust by the United States for the Tribe and its members by fostering funding
638 mechanisms that will, consistent with sound financial practices, result in the greatest use of
639 financial resources for the greatest number of citizens of the Uintah Basin, and in order to
640 promote cooperation and coordination between the state, its political subdivisions, Indian
641 tribes, and individuals, firms, and business organizations engaged in the development of oil and
642 gas interests held in trust for the Tribe and its members, there is created [
643 expendable special revenue fund entitled the "Uintah Basin Revitalization Fund."
644 (2) The fund consists of all money deposited to the Revitalization Fund under this part
645 and Section 59-5-116 .
646 (3) (a) The Revitalization Fund shall earn interest.
647 (b) All interest earned on fund money shall be deposited into the fund.
648 Section 22. Section 35A-8-1704 is amended to read:
649 35A-8-1704. Navajo Revitalization Fund.
650 (1) (a) There is created [
651 "Navajo Revitalization Fund."
652 (b) The revitalization fund shall consist of:
653 (i) money deposited to the revitalization fund under this chapter;
654 (ii) money deposited to the revitalization fund under Section 59-5-119 ; and
655 (iii) any loan repayment or interest on a loan issued under this chapter.
656 (2) (a) The revitalization fund shall earn interest.
657 (b) The interest earned on revitalization fund money shall be deposited into the fund.
658 (3) Beginning for fiscal year 2010-11, the division may use revitalization fund money
659 for the administration of the revitalization fund, but this amount may not exceed 4% of the
660 annual receipts to the revitalization fund.
661 Section 23. Section 38-11-201 is amended to read:
662 38-11-201. Residence Lien Recovery Fund.
663 (1) There is created [
664 "Residence Lien Recovery Fund."
665 (2) (a) The fund consists of all amounts collected by the division in accordance with
666 Section 38-11-202 .
667 (b) (i) The division shall deposit the funds in an account with the state treasurer.
668 (ii) The division shall record the funds in the Residence Lien Recovery Fund.
669 (c) The fund shall earn interest.
670 (3) The division shall employ personnel and resources necessary to administer the fund
671 and shall use fund money in accordance with Sections 38-11-203 and 38-11-204 and to pay the
672 costs charged to the fund by the attorney general.
673 (4) Costs incurred by the division for administering the fund shall be paid out of fund
674 money.
675 (5) The Division of Finance shall report annually to the Legislature, the division, and
676 the board. The report shall state:
677 (a) amounts received by the fund;
678 (b) disbursements from the fund;
679 (c) interest earned and credited to the fund; and
680 (d) the fund balance.
681 (6) (a) For purposes of establishing and assessing fees under Section 63J-1-504 , the
682 provisions of this chapter are considered a new program for fiscal year 1995-96.
683 (b) The department shall submit its fee schedule to the Legislature for its approval at
684 the 1996 Annual General Session.
685 Section 24. Section 40-10-25.1 is amended to read:
686 40-10-25.1. Abandoned Mine Reclamation Fund created -- Contents -- Use of
687 money.
688 (1) (a) There is created [
689 "Abandoned Mine Reclamation Fund."
690 (b) (i) The fund shall consist of the money specified in Subsections (2) and (3).
691 (ii) The money of Subsection (2) shall be segregated from the money of Subsection (3).
692 (2) (a) Money received by the state from the following sources shall be deposited into
693 the Abandoned Mine Reclamation Fund:
694 (i) recovered liens filed against privately owned land as provided by Section 40-10-28 ;
695 (ii) fees for the use of reclaimed lands as provided by Section 40-10-28 ;
696 (iii) fines collected for violations of this chapter or any rule or order issued under this
697 chapter;
698 (iv) donations designated for reclamation of abandoned mines; and
699 (v) interest credited to the fund pursuant to Subsection (2)(b).
700 (b) Money received under Subsection (2)(a) shall be invested by the state treasurer and
701 the income earned shall be credited to the Abandoned Mine Reclamation Fund, except interest
702 income earned over $19,000 per year shall be credited to the General Fund.
703 (c) The division may at any time expend money deposited into the fund under
704 Subsection (2)(a) to accomplish the purposes of the abandoned mine reclamation program.
705 (3) (a) (i) Money received by the state from the secretary of the United States
706 Department of Interior, which is granted as special state set-aside money in accordance with 30
707 U.S.C. Sec. 1232 et seq. shall be deposited in the Abandoned Mine Reclamation Fund.
708 (ii) Money deposited into the fund under Subsection (3)(a)(i) shall be invested by the
709 state treasurer and the income earned shall be credited to the Abandoned Mine Reclamation
710 Fund.
711 (b) After August 3, 1992, the division shall use the money deposited into the
712 Abandoned Mine Reclamation Fund under this Subsection (3) to accomplish the purposes set
713 forth in Sections 40-10-25 through 40-10-28.1 .
714 (c) Except as provided in Subsection (3)(d), the money deposited into the Abandoned
715 Mine Reclamation Fund under this Subsection (3) shall be made available to the division
716 through legislative appropriations.
717 (d) The director of the division with the concurrence of the board may at any time
718 expend money deposited into the Abandoned Mine Reclamation Fund under Subsection (3)(a)
719 for any emergency requiring immediate reclamation.
720 Section 25. Section 51-5-4 is amended to read:
721 51-5-4. Funds established -- Titles of funds -- Fund functions.
722 (1) (a) (i) The funds enumerated in this section are established as major fund types.
723 (ii) All resources and financial transactions of Utah state government shall be
724 accounted for within one of these major fund types.
725 (b) (i) All funds or subfunds shall be consolidated into one of the state's major fund
726 types.
727 (ii) Where a specific statute requires that a [
728 that fund or account shall be accounted for as an individual fund, subfund, or account within
729 the major fund type to meet generally accepted accounting principles.
730 (iii) Existing and new activities of state government authorized by the Legislature shall
731 be accounted for within the framework of the major fund types established in this section.
732 (c) The Division of Finance shall determine the accounting classification that complies
733 with generally accepted accounting principles for all funds, subfunds, or accounts created by
734 the Legislature.
735 (d) (i) Major fund types shall be added by amending this chapter.
736 (ii) Whenever a new act creates or establishes a fund, subfund, or account without
737 amending this chapter, the reference to a fund, subfund, or account in the new act shall be
738 classified within one of the major fund types established by this section.
739 (2) Major Fund Type Titles:
740 (a) General Fund;
741 (b) Special Revenue Funds;
742 (c) Capital Projects Funds;
743 (d) Debt Service Funds;
744 (e) Permanent Funds;
745 (f) Enterprise Funds;
746 (g) Internal Service Funds;
747 (h) Trust and Agency Funds; and
748 (i) Discrete Component Unit Funds.
749 (3) The General Fund shall receive all revenues and account for all expenditures not
750 otherwise provided for by law in any other fund.
751 (4) Special Revenue Funds are used to account for and report proceeds of specific
752 revenue sources[
753
754 [
755 (a) The Education Fund is a Special Revenue Fund that:
756 (i) receives all revenues from taxes on intangible property or from a tax on income; and
757 (ii) is designated for public and higher education.
758 [
759
760
761 [
762 revenues that are required by law to be expended for highway purposes.
763 [
764 Fund created by legislation or contractual relationship with parties external to the state that:
765 (A) identifies specific revenues collected from fees, taxes, dedicated credits, donations,
766 federal funds, or other sources;
767 (B) defines the use of the money in the fund for a specific function of government or
768 program within an agency; and
769 (C) delegates spending authority or authorization to use the fund's assets to a governing
770 board, administrative department, or other officials as defined in the enabling legislation or
771 contract establishing the fund.
772 (ii) [
773 contractual relationship with external parties when the sources of revenue for the fund are
774 donated revenues or federal revenues.
775 (iii) [
776 review by the appropriate legislative appropriations subcommittee.
777 (5) (a) Capital Projects Funds account for financial resources to be expended for the
778 acquisition or construction of [
779 outlays, including the acquisition or construction of a [
780
781
782 types of capital-related outflows financed by proprietary funds or for assets that will be held in
783 trust for individuals, private organizations, or other governments.
784 (b) The Transportation Investment Fund of 2005 is a Capital Projects Fund that
785 accounts for revenues that are required by law to be expended for the maintenance,
786 construction, reconstruction, or renovation of certain state and federal highways.
787 (6) Debt Service Funds account for the accumulation of resources for, and the payment
788 of, the principal and interest on general long-term obligations.
789 (7) Permanent Funds account for assets that are legally restricted to the extent that only
790 earnings, and not principal, may be used for a specific purpose.
791 (8) Enterprise Funds are designated to account for the following:
792 (a) operations, financed and operated in a manner similar to private business
793 enterprises, where the Legislature intends that the costs of providing goods or services to the
794 public are financed or recovered primarily through user charges;
795 (b) operations where the Legislature requires periodic determination of revenues
796 earned, expenses incurred, and net income;
797 (c) operations for which a fee is charged to external users for goods or services; or
798 (d) operations that are financed with debt that is secured solely by a pledge of the net
799 revenues from fees and charges of the operations.
800 (9) Internal Service Funds account for the financing of goods or services provided by
801 one department, division, or agency to other departments, divisions, or agencies of the state, or
802 to other governmental units, on a cost-reimbursement basis.
803 (10) (a) Trust and Agency Funds account for assets held by the state as trustee or agent
804 for individuals, private organizations, or other governmental units.
805 (b) Pension Trust Funds, Investment Trust Funds, Private-Purpose Trust Funds, and
806 Agency Funds are Trust and Agency Funds.
807 (11) Discrete Component Unit Funds account for the financial resources used to
808 operate the state's colleges and universities and other discrete component units.
809 Section 26. Section 51-5-7 is amended to read:
810 51-5-7. Expending plans and administrative expenses provided by legislative
811 appropriation and included in governor's budget.
812 (1) (a) Except as provided in Subsection (1)(b), the revenues and other resources of the
813 governmental funds are subject to legislative review and appropriation for each fiscal period.
814 (b) [
815 for each fiscal period.
816 (2) Notwithstanding the source of the revenues and the restrictions imposed upon the
817 expenditure of the revenues, the planned expenditures for the governmental funds, except
818 [
819 budget and submitted to the Legislature according to Section 63J-1-201 .
820 (3) Expenses required in the administrative activities of the [
821 Special Revenue Funds, the Enterprise Funds, the Internal Service Funds, and the Trust and
822 Agency Funds are subject to legislative review each year.
823 (a) Pro forma financial statements, including balance sheets, revenue and expenditure
824 statements, statements of changes in financial position, and other statements that may be
825 required for these funds shall be included in the governor's budget as information items and
826 submitted to the Legislature according to Section 63J-1-201 .
827 (b) If the operating results of any of these funds demonstrate that an appropriation is
828 needed from any other fund or subfund, that appropriation shall be included in the governor's
829 budget as a budget request.
830 Section 27. Section 51-9-404 is amended to read:
831 51-9-404. Crime Victims Reparations Fund -- Public Safety Support Account --
832 Distribution of surcharge amounts.
833 (1) In this section:
834 (a) "Reparation fund" means the Crime Victim Reparations Fund.
835 (b) "Safety account" means the Public Safety Support Account.
836 (2) (a) There is created [
837 "Crime Victim Reparations Fund" to be administered and distributed as provided in this part by
838 the Utah Office for Victims of Crime under Title 63M, Chapter 7, Part 5, Utah Office for
839 Victims of Crime, in cooperation with the Division of Finance.
840 (b) Money deposited in this fund is for victim reparations, criminal justice and
841 substance abuse, other victim services, and, as appropriated, for administrative costs of the
842 Commission on Criminal and Juvenile Justice under Title 63M, Chapter 7, Criminal Justice
843 and Substance Abuse.
844 (3) (a) There is created a restricted account in the General Fund known as the "Public
845 Safety Support Account" to be administered and distributed by the Department of Public Safety
846 in cooperation with the Division of Finance as provided in this part.
847 (b) Money deposited in this account shall be appropriated to:
848 (i) the Division of Peace Officer Standards and Training (POST) as described in Title
849 53, Chapter 6, Peace Officer Standards and Training Act; and
850 (ii) the Office of the Attorney General for the support of the Utah Prosecution Council
851 established in Title 67, Chapter 5a, and the fulfillment of the council's duties.
852 (4) The Division of Finance shall allocate from the collected surcharge established in
853 Section 51-9-401 :
854 (a) 35% to the Crime Victim Reparations Fund;
855 (b) 18.5% to the safety account for POST, but not to exceed the amount appropriated
856 by the Legislature; and
857 (c) 3% to the safety account for support of the Utah Prosecution Council, but not to
858 exceed the amount appropriated by the Legislature.
859 (5) (a) In addition to the funding provided by other sections of this part, a percentage of
860 the income earned by inmates working for correctional industries in a federally certified private
861 sector/prison industries enhancement program shall be deposited in the Crime Victim
862 Reparations Fund.
863 (b) The percentage of income deducted from inmate pay under Subsection (5)(a) shall
864 be determined by the executive director of the Department of Corrections in accordance with
865 the requirements of the private sector/prison industries enhancement program.
866 (6) (a) In addition to other money collected from the surcharge, judges are encouraged
867 to, and may in their discretion, impose additional reparations to be paid into the Crime Victim
868 Reparations Fund by convicted criminals.
869 (b) The additional discretionary reparations may not exceed the statutory maximum
870 fine permitted by Title 76, Utah Criminal Code, for that offense.
871 Section 28. Section 54-8b-15 is amended to read:
872 54-8b-15. Universal Public Telecommunications Service Support Fund --
873 Established.
874 (1) For purposes of this section:
875 (a) "Basic telephone service" means local exchange service and may include such other
876 functions and elements, if any, as the commission determines to be eligible for support by the
877 fund.
878 (b) "Fund" means the Universal Public Telecommunications Service Support Fund
879 established in this section.
880 (2) The commission shall establish [
881 known as the "Universal Public Telecommunications Service Support Fund," which is to be
882 implemented by January 1, 1998.
883 (3) The commission shall:
884 (a) institute a proceeding within 30 days of the effective date of this section to establish
885 rules governing the administration of the fund; and
886 (b) issue those rules by October 1, 1997.
887 (4) The rules in Subsection (3) shall be consistent with the Federal
888 Telecommunications Act.
889 (5) Operation of the fund shall be nondiscriminatory and competitively and
890 technologically neutral in the collection and distribution of funds, neither providing a
891 competitive advantage for, nor imposing a competitive disadvantage upon, any
892 telecommunications provider operating in the state.
893 (6) The fund shall be designed to:
894 (a) promote equitable cost recovery of basic telephone service through the imposition
895 of just and reasonable rates for telecommunications access and usage; and
896 (b) preserve and promote universal service within the state by ensuring that customers
897 have access to affordable basic telephone service.
898 (7) To the extent not funded by a federal universal service fund or other federal
899 jurisdictional revenues, the fund shall be used to defray the costs, as determined by the
900 commission, of any qualifying telecommunications corporation in providing public
901 telecommunications services to:
902 (a) customers that qualify for a commission-approved lifeline program; and
903 (b) customers, where the basic telephone service rate considered affordable by the
904 commission in a particular geographic area is less than the costs, as determined by the
905 commission for that geographic area, of basic telephone service.
906 (8) The fund shall be portable among qualifying telecommunications corporations.
907 Requirements to qualify for funds under this section shall be defined by rules established by the
908 commission.
909 (9) As necessary to accomplish the purposes of this section, the fund shall provide a
910 mechanism for specific, predictable, and sufficient funds in addition to those provided under
911 the federal universal service fund.
912 (10) (a) Subject to Subsection (10)(b):
913 (i) each telecommunications corporation that provides intrastate public
914 telecommunication service shall contribute to the fund on an equitable and nondiscriminatory
915 basis;
916 (ii) for purposes of funding the fund, the commission shall have the authority to
917 require all corporations that provide intrastate telecommunication services in this state to
918 contribute money to the fund through explicit charges determined by the commission;
919 (iii) any charge described in Subsection (10)(a)(ii) may not apply to wholesale services,
920 including access and interconnection; and
921 (iv) charges associated with being a provider of public telecommunications service
922 shall be in the form of end-user surcharges applied to intrastate retail rates.
923 (b) A telecommunications corporation that provides mobile telecommunications
924 service shall contribute to the fund only to the extent permitted by the Mobile
925 Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.
926 (11) Nothing in this section shall be construed to enlarge or reduce the commission's
927 jurisdiction or authority, as provided in other provisions of this title.
928 (12) Any telecommunications corporation failing to make contributions to this fund or
929 failing to comply with the directives of the commission concerning its books, records, or other
930 information required to administer this section shall be subject to applicable penalties.
931 (13) The commission shall have a bill prepared for the 1998 General Session of the
932 Legislature to place in statute as much of the regulation implemented by rule pursuant to the act
933 the commission believes is practicable.
934 Section 29. Section 58-3a-103 is amended to read:
935 58-3a-103. Education and enforcement fund.
936 (1) There is created [
937 "Architects Education and Enforcement Fund."
938 (2) The fund consists of money from:
939 (a) a surcharge fee placed on initial, renewal, and reinstatement licensure fees under
940 this chapter in accordance with the following:
941 (i) the surcharge fee shall be determined by the department in accordance with Section
942 63J-1-504 ; and
943 (ii) the surcharge fee shall not exceed 50% of the respective initial, renewal, or
944 reinstatement licensure fee; and
945 (b) administrative penalties collected pursuant to this chapter.
946 (3) The fund shall earn interest and all interest earned on fund money shall be
947 deposited into the fund.
948 (4) The director may, with concurrence of the board, make distributions from the fund
949 for the following purposes:
950 (a) education and training of licensees under this chapter;
951 (b) education and training of the public or other interested persons in matters
952 concerning architectural laws and practices; and
953 (c) enforcement of this chapter by:
954 (i) investigating unprofessional or unlawful conduct; and
955 (ii) providing legal representation to the division when the division takes legal action
956 against a person engaging in unprofessional or unlawful conduct.
957 (5) If the balance in the fund exceeds $100,000 at the close of any fiscal year, the
958 excess shall be transferred to the General Fund.
959 (6) The division shall report annually to the appropriate appropriations subcommittee
960 of the Legislature concerning the fund.
961 Section 30. Section 58-11a-103 is amended to read:
962 58-11a-103. Education and enforcement fund.
963 (1) There is created [
964 "Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Education and
965 Enforcement Fund."
966 (2) The fund consists of money from administrative penalties collected pursuant to this
967 chapter.
968 (3) The fund shall earn interest and all interest earned on fund money shall be
969 deposited into the fund.
970 (4) The director may, with concurrence of the board, make distributions from the fund
971 for the following purposes:
972 (a) education and training of licensees under this chapter;
973 (b) education and training of the public or other interested persons in matters
974 concerning the laws governing the practices licensed under this chapter; and
975 (c) enforcement of this chapter by:
976 (i) investigating unprofessional or unlawful conduct; and
977 (ii) providing legal representation to the division when the division takes legal action
978 against a person engaging in unprofessional or unlawful conduct.
979 (5) The division shall report annually to the appropriate appropriations subcommittee
980 of the Legislature concerning the fund.
981 Section 31. Section 58-22-103 is amended to read:
982 58-22-103. Education and enforcement fund.
983 (1) There is created [
984 "Professional Engineer, Professional Structural Engineer, and Professional Land Surveyor
985 Education and Enforcement Fund."
986 (2) The fund consists of money from:
987 (a) a surcharge fee placed on initial, renewal, and reinstatement licensure fees under
988 this chapter in accordance with the following:
989 (i) the surcharge fee shall be established by the department in accordance with Section
990 63J-1-504 ; and
991 (ii) the surcharge fee shall not exceed 50% of the respective initial, renewal, or
992 reinstatement licensure fee; and
993 (b) administrative penalties collected pursuant to this chapter.
994 (3) The fund shall earn interest and all interest earned on fund money shall be
995 deposited into the fund.
996 (4) The director may, with concurrence of the board, make distributions from the fund
997 for the following purposes:
998 (a) education and training of licensees under this chapter;
999 (b) education and training of the public or other interested persons in matters
1000 concerning engineering, structural engineering, and land surveying laws and practices; and
1001 (c) enforcement of this chapter by:
1002 (i) investigating unprofessional or unlawful conduct; and
1003 (ii) providing legal representation to the division when the division takes legal action
1004 against a person engaging in unprofessional or unlawful conduct.
1005 (5) If the balance in the fund exceeds $100,000 at the close of any fiscal year, the
1006 excess shall be transferred to the General Fund.
1007 (6) The division shall report annually to the appropriate appropriations subcommittee
1008 of the Legislature concerning the fund.
1009 Section 32. Section 58-53-103 is amended to read:
1010 58-53-103. Education and enforcement fund.
1011 (1) There is created [
1012 "Landscape Architects Education and Enforcement Fund."
1013 (2) The fund consists of money from:
1014 (a) a surcharge placed on application fees for initial, renewal, and reinstatement
1015 licensure under this chapter, in an amount established by the division with the collaboration of
1016 the board in accordance with Section 63J-1-504 , not to exceed 50% of the respective fee; and
1017 (b) administrative penalties collected pursuant to this chapter.
1018 (3) The fund shall earn interest, and all interest earned on fund money shall be
1019 deposited into the fund.
1020 (4) The director may, with concurrence of the board, make distributions from the fund
1021 for the following purposes:
1022 (a) education and training of licensees under this chapter;
1023 (b) education and training of the public or other interested persons in matters
1024 concerning landscape architectural laws and practices; and
1025 (c) enforcement of this chapter by:
1026 (i) investigating unprofessional or unlawful conduct; and
1027 (ii) providing legal representation to the division when the division takes legal action
1028 against a person engaging in unprofessional or unlawful conduct.
1029 (5) If the balance in the fund exceeds $100,000 at the close of any fiscal year, the
1030 excess shall be transferred to the General Fund.
1031 (6) The division shall report annually to the appropriate appropriations subcommittee
1032 of the Legislature concerning the fund.
1033 Section 33. Section 58-67a-1 is amended to read:
1034 58-67a-1. Physicians Education Fund.
1035 (1) There is created [
1036 "Physicians Education Fund" to receive and account for revenue and expenditures for making
1037 education available to physicians and surgeons, osteopathic physicians and surgeons, and
1038 naturopathic physicians, concerning the requirements of Title 58, Occupations and Professions,
1039 division rules, and requirements under Title 58, Chapter 37, Utah Controlled Substances Act,
1040 and division rules made under that chapter.
1041 (2) Administrative penalties ordered and collected pursuant to this section shall be
1042 deposited in the account.
1043 (3) The fund shall earn interest and all interest earned on account money shall be
1044 deposited into the account.
1045 (4) The director, with the concurrence of the board, may make distributions from the
1046 fund to make available education and training for physicians and surgeons, osteopathic
1047 physicians and surgeons, and naturopathic physicians.
1048 (5) If the balance in the fund exceeds $100,000 at the close of any fiscal year, the
1049 excess shall be transferred to the General Fund.
1050 (6) The division shall report on the fund annually to the appropriate appropriations
1051 subcommittee of the Legislature.
1052 Section 34. Section 59-27-105 is amended to read:
1053 59-27-105. Sexually Explicit Business and Escort Service Fund -- Administrative
1054 charge.
1055 (1) There is created [
1056 "Sexually Explicit Business and Escort Service Fund."
1057 (2) (a) Except as provided in Subsection (3), the fund consists of all amounts collected
1058 by the commission under this chapter.
1059 (b) (i) The money in the fund shall be invested by the state treasurer pursuant to Title
1060 51, Chapter 7, State Money Management Act.
1061 (ii) All interest or other earnings derived from the fund money shall be deposited in the
1062 fund.
1063 (3) Notwithstanding any other provision of this chapter, the commission shall retain
1064 and deposit an administrative charge in accordance with Section 59-1-306 from the revenues
1065 the commission collects from a tax under this chapter.
1066 (4) (a) Fund money shall be used as provided in this Subsection (4).
1067 (b) The Department of Corrections shall use 60% of the money in the fund, in addition
1068 to existing budgets, to provide treatment services to nonworking or indigent adults who:
1069 (i) have been convicted of an offense under Title 76, Chapter 5, Part 4, Sexual
1070 Offenses; and
1071 (ii) are not currently confined or incarcerated in a jail or prison.
1072 (c) The Adult Probation and Parole section of the Department of Corrections shall use
1073 15% of the money in the fund to provide outpatient treatment services to individuals who:
1074 (i) have been convicted of an offense under Title 76, Chapter 5, Part 4, Sexual
1075 Offenses; and
1076 (ii) are not currently confined or incarcerated in a jail or prison.
1077 (d) The Department of Corrections shall use 10% of the money in the fund, in addition
1078 to existing budgets, to implement treatment programs for juveniles who have been convicted of
1079 an offense under Title 76, Chapter 5, Part 4, Sexual Offenses.
1080 (e) The attorney general shall use 15% of the money in the fund to provide funding for
1081 any task force:
1082 (i) administered through the Office of the Attorney General; and
1083 (ii) that investigates and prosecutes individuals who use the Internet to commit crimes
1084 against children.
1085 Section 35. Section 61-1-18.7 is amended to read:
1086 61-1-18.7. Funding of securities investor education, training, and enforcement.
1087 (1) (a) There is created [
1088 "Securities Investor Education, Training, and Enforcement Fund" to provide revenue for the
1089 purposes stated in this section.
1090 (b) For purposes of this section, "fund" means the Securities Investor Education,
1091 Training, and Enforcement Fund.
1092 (2) Money received by the state by reason of civil penalties ordered and administrative
1093 fines collected pursuant to this chapter shall be deposited in the fund, and is subject to the
1094 requirements of Title 51, Chapter 5, Funds Consolidation Act.
1095 (3) A fine collected by the division after July 1, 1989, pursuant to a voluntary
1096 settlement or administrative order shall be deposited into the fund.
1097 (4) (a) The fund shall earn interest.
1098 (b) Interest earned on fund money shall be deposited into the fund.
1099 (5) Notwithstanding Title 63J, Chapter 1, Budgetary Procedures Act, the director may
1100 use money in the fund, upon concurrence of the commission and the executive director of the
1101 Department of Commerce, in a manner consistent with the duties of the division and
1102 commission under this chapter and only for any or all of the following and the expense of
1103 providing them:
1104 (a) education and training of Utah residents in matters concerning securities laws and
1105 investment decisions, by publications or presentations;
1106 (b) education of registrants and licensees under this chapter, by:
1107 (i) publication of this chapter and rules and policy statements and opinion letters issued
1108 under this chapter; and
1109 (ii) sponsorship of seminars or meetings to educate registrants and licensees as to the
1110 requirements of this chapter;
1111 (c) investigation and litigation; and
1112 (d) to pay an award to a reporter as provided in Part 1, Securities Fraud Reporting
1113 Program Act.
1114 (6) If the balance in the fund exceeds $500,000 at the close of any fiscal year, the
1115 excess shall be transferred to the General Fund.
1116 Section 36. Section 61-2c-501 is amended to read:
1117 61-2c-501. Fund created.
1118 (1) There is created [
1119 "Residential Mortgage Loan Education, Research, and Recovery Fund."
1120 (2) The interest earned on the fund shall be deposited into the fund.
1121 (3) At the beginning of each fiscal year, the division shall make available
1122 $100,000 in the fund to satisfy final judgments rendered against a person licensed under this
1123 chapter.
1124 Section 37. Section 61-2f-503 is amended to read:
1125 61-2f-503. Real Estate Education, Research, and Recovery Fund.
1126 (1) (a) There is created [
1127 "Real Estate Education, Research, and Recovery Fund."
1128 (b) The actual interest earned on the fund shall be deposited into the fund.
1129 (2) The money in the fund includes:
1130 (a) a fee imposed under Section 61-2f-505 ; and
1131 (b) interest described in Subsection (1)(b).
1132 (3) The division shall administer the fund to:
1133 (a) reimburse the public for damages caused in a real estate transaction by an
1134 individual licensed under this chapter; and
1135 (b) in accordance with Section 61-2f-504 :
1136 (i) investigate violations of this chapter related to fraud, misrepresentation, or deceit; or
1137 (ii) provide revenue for improving the real estate profession through education and
1138 research with the goal of making licensees more responsible to the public.
1139 (4) This part applies to damages caused by an individual licensee. Reimbursement
1140 may not be made for a final judgment against an entity.
1141 (5) At the beginning of each fiscal year, the division shall make available $100,000 in
1142 the fund to satisfy final judgments rendered against a person licensed under this chapter.
1143 Section 38. Section 62A-1-119 is amended to read:
1144 62A-1-119. Respite Care Assistance Fund -- Use of money -- Restrictions --
1145 Annual report.
1146 (1) There is created [
1147 Respite Care Assistance Fund.
1148 (2) The fund shall consist of:
1149 (a) gifts, grants, devises, donations, and bequests of real property, personal property, or
1150 services, from any source, made to the fund; and
1151 (b) any additional amounts as appropriated by the Legislature.
1152 (3) The fund shall be administered by the director of the Utah Developmental
1153 Disabilities Council.
1154 (4) The fund money shall be used for the following activities:
1155 (a) to support a respite care information and referral system;
1156 (b) to educate and train caregivers and respite care providers; and
1157 (c) to provide grants to caregivers.
1158 (5) An individual who receives services paid for from the fund shall:
1159 (a) be a resident of Utah; and
1160 (b) be a primary care giver for:
1161 (i) an aging individual; or
1162 (ii) an individual with a cognitive, mental, or physical disability.
1163 (6) The fund money may not be used for:
1164 (a) administrative expenses that are normally provided for by legislative appropriation;
1165 or
1166 (b) direct services or support mechanisms that are available from or provided by
1167 another government or private agency.
1168 (7) All interest and other earnings derived from the fund money shall be deposited into
1169 the fund.
1170 (8) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
1171 State Money Management Act.
1172 (9) The Department of Human Services shall make an annual report to the appropriate
1173 appropriations subcommittee of the Legislature regarding the status of the fund, including a
1174 report on the contributions received, expenditures made, and programs and services funded.
1175 Section 39. Section 62A-3-110 is amended to read:
1176 62A-3-110. "Out and About" Homebound Transportation Assistance Fund.
1177 (1) (a) There is created [
1178 "Out and About" Homebound Transportation Assistance Fund.
1179 (b) The "Out and About" Homebound Transportation Assistance Fund shall consist of:
1180 (i) private contributions;
1181 (ii) donations or grants from public or private entities;
1182 (iii) voluntary donations collected under Section 53-3-214.8 ; and
1183 (iv) interest and earnings on account money.
1184 (c) The cost of administering the "Out and About" Homebound Transportation
1185 Assistance Fund shall be paid from money in the fund.
1186 (2) The Division of Aging and Adult Services in the Department of Human Services
1187 shall:
1188 (a) administer the funds contained in the "Out and About" Homebound Transportation
1189 Assistance Fund;
1190 (b) select qualified organizations and distribute the funds in the "Out and About"
1191 Homebound Transportation Assistance Fund in accordance with Subsection (3); and
1192 (c) make an annual report on the "Out and About" Homebound Transportation
1193 Assistance Fund to the Social Services Appropriations Subcommittee.
1194 (3) (a) The division may distribute the funds in the "Out and About" Homebound
1195 Transportation Assistance Fund to a selected organization that provides public transportation to
1196 aging persons, high risk adults, or people with disabilities.
1197 (b) An organization that provides public transportation to aging persons, high risk
1198 adults, or people with disabilities may apply to the Division of Aging and Adult Services, in a
1199 manner prescribed by the division, to receive all or part of the money contained in the "Out and
1200 About" Homebound Transportation Assistance Fund.
1201 Section 40. Section 62A-15-103 is amended to read:
1202 62A-15-103. Division -- Creation -- Responsibilities.
1203 (1) There is created the Division of Substance Abuse and Mental Health within the
1204 department, under the administration and general supervision of the executive director. The
1205 division is the substance abuse authority and the mental health authority for this state.
1206 (2) The division shall:
1207 (a) (i) educate the general public regarding the nature and consequences of substance
1208 abuse by promoting school and community-based prevention programs;
1209 (ii) render support and assistance to public schools through approved school-based
1210 substance abuse education programs aimed at prevention of substance abuse;
1211 (iii) promote or establish programs for the prevention of substance abuse within the
1212 community setting through community-based prevention programs;
1213 (iv) cooperate and assist other organizations and private treatment centers for substance
1214 abusers, by providing them with essential materials for furthering programs of prevention and
1215 rehabilitation of actual and potential substance abusers; and
1216 (v) promote or establish programs for education and certification of instructors to
1217 educate persons convicted of driving under the influence of alcohol or drugs or driving with
1218 any measurable controlled substance in the body;
1219 (b) (i) collect and disseminate information pertaining to mental health;
1220 (ii) provide direction over the state hospital including approval of its budget,
1221 administrative policy, and coordination of services with local service plans;
1222 (iii) promulgate rules in accordance with Title 63G, Chapter 3, Utah Administrative
1223 Rulemaking Act, to educate families concerning mental illness and promote family
1224 involvement, when appropriate, and with patient consent, in the treatment program of a family
1225 member; and
1226 (iv) promulgate rules in accordance with Title 63G, Chapter 3, Utah Administrative
1227 Rulemaking Act, to direct that all individuals receiving services through local mental health
1228 authorities or the Utah State Hospital be informed about and, if desired, provided assistance in
1229 completion of a declaration for mental health treatment in accordance with Section
1230 62A-15-1002 ;
1231 (c) (i) consult and coordinate with local substance abuse authorities and local mental
1232 health authorities regarding programs and services;
1233 (ii) provide consultation and other assistance to public and private agencies and groups
1234 working on substance abuse and mental health issues;
1235 (iii) promote and establish cooperative relationships with courts, hospitals, clinics,
1236 medical and social agencies, public health authorities, law enforcement agencies, education and
1237 research organizations, and other related groups;
1238 (iv) promote or conduct research on substance abuse and mental health issues, and
1239 submit to the governor and the Legislature recommendations for changes in policy and
1240 legislation;
1241 (v) receive, distribute, and provide direction over public funds for substance abuse and
1242 mental health services;
1243 (vi) monitor and evaluate programs provided by local substance abuse authorities and
1244 local mental health authorities;
1245 (vii) examine expenditures of any local, state, and federal funds;
1246 (viii) monitor the expenditure of public funds by:
1247 (A) local substance abuse authorities;
1248 (B) local mental health authorities; and
1249 (C) in counties where they exist, the private contract provider that has an annual or
1250 otherwise ongoing contract to provide comprehensive substance abuse or mental health
1251 programs or services for the local substance abuse authority or local mental health authorities;
1252 (ix) contract with local substance abuse authorities and local mental health authorities
1253 to provide a comprehensive continuum of services in accordance with division policy, contract
1254 provisions, and the local plan;
1255 (x) contract with private and public entities for special statewide or nonclinical services
1256 according to division rules;
1257 (xi) review and approve each local substance abuse authority's plan and each local
1258 mental health authority's plan in order to ensure:
1259 (A) a statewide comprehensive continuum of substance abuse services;
1260 (B) a statewide comprehensive continuum of mental health services; and
1261 (C) appropriate expenditure of public funds;
1262 (xii) review and make recommendations regarding each local substance abuse
1263 authority's contract with its provider of substance abuse programs and services and each local
1264 mental health authority's contract with its provider of mental health programs and services to
1265 ensure compliance with state and federal law and policy;
1266 (xiii) monitor and ensure compliance with division rules and contract requirements;
1267 and
1268 (xiv) withhold funds from local substance abuse authorities, local mental health
1269 authorities, and public and private providers for contract noncompliance, failure to comply
1270 with division directives regarding the use of public funds, or for misuse of public funds or
1271 money;
1272 (d) assure that the requirements of this part are met and applied uniformly by local
1273 substance abuse authorities and local mental health authorities across the state;
1274 (e) require each local substance abuse authority and each local mental health authority
1275 to submit its plan to the division by May 1 of each year;
1276 (f) conduct an annual program audit and review of each local substance abuse authority
1277 in the state and its contract provider and each local mental health authority in the state and its
1278 contract provider, including:
1279 (i) a review and determination regarding whether:
1280 (A) public funds allocated to local substance abuse authorities and local mental health
1281 authorities are consistent with services rendered and outcomes reported by them or their
1282 contract providers; and
1283 (B) each local substance abuse authority and each local mental health authority is
1284 exercising sufficient oversight and control over public funds allocated for substance abuse and
1285 mental health programs and services; and
1286 (ii) items determined by the division to be necessary and appropriate;
1287 (g) by July 1 of each year, provide to the Health and Human Services Interim
1288 Committee and the Social Services Appropriations Subcommittee a written report that
1289 includes:
1290 (i) the annual audit and review;
1291 (ii) the financial expenditures of each local substance abuse authority and its contract
1292 provider and each local mental health authority and its contract provider;
1293 (iii) the status of the compliance of each local authority and its contract provider with
1294 its plan, state statutes, and the provisions of the contract awarded; and
1295 (iv) whether audit guidelines established under Section 62A-15-110 and Subsection
1296 67-3-1 (10) provide the division with sufficient criteria and assurances of appropriate
1297 expenditures of public funds; and
1298 (h) if requested by the Health and Human Services Interim Committee or the Social
1299 Services Appropriations Subcommittee, provide an oral report as requested.
1300 (3) (a) The division may refuse to contract with and may pursue its legal remedies
1301 against any local substance abuse authority or local mental health authority that fails, or has
1302 failed, to expend public funds in accordance with state law, division policy, contract
1303 provisions, or directives issued in accordance with state law.
1304 (b) The division may withhold funds from a local substance abuse authority or local
1305 mental health authority if the authority's contract with its provider of substance abuse or mental
1306 health programs or services fails to comply with state and federal law or policy.
1307 (4) Before reissuing or renewing a contract with any local substance abuse authority or
1308 local mental health authority, the division shall review and determine whether the local
1309 substance abuse authority or local mental health authority is complying with its oversight and
1310 management responsibilities described in Sections 17-43-201 , 17-43-203 , 17-43-303 , and
1311 17-43-309 . Nothing in this Subsection (4) may be used as a defense to the responsibility and
1312 liability described in Section 17-43-303 and to the responsibility and liability described in
1313 Section 17-43-203 .
1314 (5) In carrying out its duties and responsibilities, the division may not duplicate
1315 treatment or educational facilities that exist in other divisions or departments of the state, but
1316 shall work in conjunction with those divisions and departments in rendering the treatment or
1317 educational services that those divisions and departments are competent and able to provide.
1318 (6) (a) The division may accept in the name of and on behalf of the state donations,
1319 gifts, devises, or bequests of real or personal property or services to be used as specified by the
1320 donor.
1321 (b) Those donations, gifts, devises, or bequests shall be used by the division in
1322 performing its powers and duties. Any money so obtained shall be considered private funds
1323 and shall be deposited into an interest-bearing [
1324 be used by the division for substance abuse or mental health services. The state treasurer may
1325 invest the fund and all interest shall remain with the fund.
1326 (7) The division shall annually review with each local substance abuse authority and
1327 each local mental health authority the authority's statutory and contract responsibilities
1328 regarding:
1329 (a) the use of public funds;
1330 (b) oversight responsibilities regarding public funds; and
1331 (c) governance of substance abuse and mental health programs and services.
1332 (8) The Legislature may refuse to appropriate funds to the division upon the division's
1333 failure to comply with the provisions of this part.
1334 (9) If a local substance abuse authority contacts the division under Subsection
1335 17-43-201 (9) for assistance in providing treatment services to a pregnant woman or pregnant
1336 minor, the division shall:
1337 (a) refer the pregnant woman or pregnant minor to a treatment facility that has the
1338 capacity to provide the treatment services; or
1339 (b) otherwise ensure that treatment services are made available to the pregnant woman
1340 or pregnant minor.
1341 Section 41. Section 63A-3-505 is amended to read:
1342 63A-3-505. State Debt Collection Fund.
1343 (1) There is created [
1344 Debt Collection Fund."
1345 (2) The fund consists of:
1346 (a) all amounts appropriated to the fund under this chapter;
1347 (b) fees and interest established by the office under Subsection 63A-3-502 (4)(g); and
1348 (c) except as otherwise provided by law, all postjudgment interest collected by the
1349 office or the state except postjudgment interest on restitution.
1350 (3) Money in this fund shall be used to pay for:
1351 (a) the costs of the office in the performance of its duties under this chapter;
1352 (b) restitution to victims to whom the debt is owed;
1353 (c) interest accrued that is associated with the debt;
1354 (d) principal on the debt to the state agencies or other entities that placed the receivable
1355 for collection; and
1356 (e) other legal obligations including those ordered by a court.
1357 (4) (a) The fund may collect interest.
1358 (b) All interest earned from the fund shall be deposited in the General Fund.
1359 (5) The office shall ensure that money remaining in the fund at the end of the fiscal
1360 year that is not committed under the priorities established under Subsection (3) is deposited
1361 into the General Fund.
1362 (6) (a) The office shall report at least annually to the appropriations subcommittee
1363 assigned to review the budget of the Department of Administrative Services on the fund
1364 balance and its revenues and expenditures and administrative offsets.
1365 (b) The report shall include the amounts paid under each provision under Subsection
1366 (3).
1367 Section 42. Section 63A-11-203 is amended to read:
1368 63A-11-203. Child Welfare Parental Defense Fund -- Creation.
1369 (1) There is created [
1370 "Child Welfare Parental Defense Fund."
1371 (2) Subject to availability, the department may make distributions from the fund as
1372 required in this chapter for the following purposes:
1373 (a) to pay for the representation, costs, expert witness fees, and expenses of contracted
1374 parental defense attorneys who are under contract with the department to provide parental
1375 defense in child welfare cases for the indigent parent or parents that are the subject of a petition
1376 alleging abuse, neglect, or dependency;
1377 (b) for administrative costs under this chapter; and
1378 (c) for reasonable expenses directly related to the functioning of the program, including
1379 training and travel expenses.
1380 (3) The fund consists of:
1381 (a) appropriations made to the fund by the Legislature;
1382 (b) interest and earnings from the investment of fund money;
1383 (c) proceeds deposited by participating counties under Section 63A-11-204 ; and
1384 (d) private contributions to the Child Welfare Parental Defense Fund.
1385 (4) The state treasurer shall invest the money in the fund by following the procedures
1386 and requirements of Title 51, Chapter 7, State Money Management Act.
1387 (5) (a) If the department anticipates a deficit in the fund during any fiscal year:
1388 (i) the department shall request an appropriation from the Legislature; and
1389 (ii) the Legislature may fund the anticipated deficit through appropriation but is not
1390 required to fund the deficit.
1391 (b) If the anticipated deficit is not funded by the Legislature, the department may
1392 request an interim assessment to participating counties to fund the anticipated deficit.
1393 Section 43. Section 63A-12-109 is amended to read:
1394 63A-12-109. State Archives Fund created -- Donations -- Use of money --
1395 Reporting.
1396 (1) There is created [
1397 "State Archives Fund."
1398 (2) The fund consists of money or other assets deposited in the fund from:
1399 (a) a donation;
1400 (b) a deposit;
1401 (c) a contribution;
1402 (d) a gift;
1403 (e) an endowment;
1404 (f) a devise; and
1405 (g) a bequest of real property, personal property, or service.
1406 (3) The division shall use the fund money for:
1407 (a) the purpose specified by the grantor, if any; or
1408 (b) if no purpose is specified by the grantor, the preservation of and access to the
1409 archival records and exhibits.
1410 (4) (a) The fund shall earn interest.
1411 (b) The state treasurer shall deposit all interest earned on money in the fund into the
1412 fund.
1413 (5) The division shall annually report on the use of the fund to an appropriation
1414 subcommittee designated by the Executive Appropriations Committee as part of the
1415 appropriation subcommittee's budgetary process under Title 63J, Chapter 1, Budgetary
1416 Procedures Act.
1417 Section 44. Section 63C-9-502 is amended to read:
1418 63C-9-502. Fund created -- Donations.
1419 (1) There is created [
1420 Capitol Fund."
1421 (2) The fund consists of money generated from the following revenue sources:
1422 (a) any donations, deposits, contributions, gifts, money, and items of value received
1423 from private persons, foundations, or organizations;
1424 (b) gift shop profits;
1425 (c) appropriations made to the fund by the Legislature; and
1426 (d) money received by the board from the federal government.
1427 (3) (a) The fund shall earn interest.
1428 (b) All interest earned on fund money shall be deposited into the fund.
1429 (4) The board may use fund money to:
1430 (a) acquire historical and other items to furnish the capitol hill facilities;
1431 (b) pay for the repair and maintenance of the capitol hill facilities and capitol hill
1432 grounds;
1433 (c) pay for the rehabilitation of the capitol hill facilities and capitol hill grounds; and
1434 (d) fund all costs incurred in complying with this chapter.
1435 Section 45. Section 63J-1-601 is amended to read:
1436 63J-1-601. End of fiscal year -- Unexpended balances -- Funds not to be closed
1437 out -- Pending claims -- Transfer of amounts from item of appropriation -- Nonlapsing
1438 accounts and funds -- Institutes of higher education to report unexpended balances.
1439 (1) As used in this section, "transaction control number" means the unique numerical
1440 identifier established by the Department of Health to track each medical claim, which indicates
1441 the date upon which the claim is entered.
1442 (2) On or before August 31 of each fiscal year, the director of the Division of Finance
1443 shall close out to the proper fund or account all remaining unexpended and unencumbered
1444 balances of appropriations made by the Legislature, except:
1445 (a) those funds classified under Title 51, Chapter 5, Funds Consolidation Act as:
1446 (i) enterprise funds;
1447 (ii) internal service funds;
1448 (iii) trust and agency funds;
1449 (iv) capital projects funds;
1450 (v) discrete component unit funds;
1451 (vi) debt service funds; and
1452 (vii) permanent funds;
1453 (b) those revenue collections, appropriations from a fund or account, or appropriations
1454 to a program that are designated as nonlapsing under Sections 63J-1-602.1 through
1455 63J-1-602.5 ;
1456 (c) [
1457 out the fund in the fund's enabling legislation;
1458 (d) acquisition and development funds appropriated to the Division of Parks and
1459 Recreation;
1460 (e) funds encumbered to pay purchase orders issued prior to May 1 for capital
1461 equipment if delivery is expected before June 30; and
1462 (f) unexpended and unencumbered balances of appropriations that meet the
1463 requirements of Section 63J-1-603 .
1464 (3) (a) Liabilities and related expenses for goods and services received on or before
1465 June 30 shall be recognized as expenses due and payable from appropriations made prior to
1466 June 30.
1467 (b) The liability and related expense shall be recognized within time periods
1468 established by the Division of Finance but shall be recognized not later than August 31.
1469 (c) Liabilities and expenses not so recognized may be paid from regular departmental
1470 appropriations for the subsequent fiscal year, if these claims do not exceed unexpended and
1471 unencumbered balances of appropriations for the years in which the obligation was incurred.
1472 (d) No amounts may be transferred from an item of appropriation of any department,
1473 institution, or agency into the Capital Projects Fund or any other fund without the prior express
1474 approval of the Legislature.
1475 (4) (a) For purposes of this chapter, claims processed under the authority of Title 26,
1476 Chapter 18, Medical Assistance Act:
1477 (i) may not be considered a liability or expense to the state for budgetary purposes
1478 unless they are received by the Division of Health Care Financing within the time periods
1479 established by the Division of Finance under Subsection (3)(b); and
1480 (ii) are not subject to the requirements of Subsection (3)(c).
1481 (b) The transaction control number recorded on each claim invoice by the division is
1482 considered the date of receipt.
1483 (5) Any balance from an appropriation to a state institution of higher education that
1484 remains unexpended at the end of the fiscal year shall be reported to the Division of Finance by
1485 the September 1 following the close of the fiscal year.
1486 Section 46. Section 63J-3-103 is amended to read:
1487 63J-3-103. Definitions.
1488 As used in this chapter:
1489 (1) (a) "Appropriations" means actual unrestricted capital and operating appropriations
1490 from unrestricted General Fund and Education Fund sources.
1491 (b) "Appropriations" includes appropriations that are contingent upon available
1492 surpluses in the General Fund and Education Fund.
1493 (c) "Appropriations" does not mean:
1494 (i) public education expenditures;
1495 (ii) Utah Education Network expenditures in support of public education;
1496 (iii) Utah College of Applied Technology expenditures in support of public education;
1497 (iv) Tax Commission expenditures related to collection of income taxes in support of
1498 public education;
1499 (v) debt service expenditures;
1500 (vi) emergency expenditures;
1501 (vii) expenditures from all other fund or subfund sources;
1502 (viii) transfers or appropriations from the Education Fund to the Uniform School Fund;
1503 (ix) transfers into, or appropriations made to, the General Fund Budget Reserve
1504 Account established in Section 63J-1-312 ;
1505 (x) transfers into, or appropriations made to, the Education Budget Reserve Account
1506 established in Section 63J-1-313 ;
1507 (xi) transfers in accordance with Section 63J-1-314 into, or appropriations made to the
1508 State Disaster Recovery Restricted Account created in Section 53-2-403 ;
1509 (xii) money appropriated to fund the total one-time project costs for the construction of
1510 capital developments as defined in Section 63A-5-104 ;
1511 (xiii) transfers or deposits into or appropriations made to the Centennial Highway Fund
1512 [
1513 (xiv) transfers or deposits into or appropriations made to the Transportation Investment
1514 Fund of 2005 created by Section 72-2-124 ;
1515 (xv) transfers or deposits into or appropriations made to:
1516 (A) the Department of Transportation from any source; or
1517 (B) any transportation-related account or fund from any source; or
1518 (xvi) supplemental appropriations from the General Fund to the Division of Forestry,
1519 Fire, and State Lands to provide money for wildland fire control expenses incurred during the
1520 current or previous fire years.
1521 (2) "Base year real per capita appropriations" means the result obtained for the state by
1522 dividing the fiscal year 1985 actual appropriations of the state less debt money by:
1523 (a) the state's July 1, 1983 population; and
1524 (b) the fiscal year 1983 inflation index divided by 100.
1525 (3) "Calendar year" means the time period beginning on January 1 of any given year
1526 and ending on December 31 of the same year.
1527 (4) "Fiscal emergency" means an extraordinary occurrence requiring immediate
1528 expenditures and includes the settlement under Laws of Utah 1988, Fourth Special Session,
1529 Chapter 4.
1530 (5) "Fiscal year" means the time period beginning on July 1 of any given year and
1531 ending on June 30 of the subsequent year.
1532 (6) "Fiscal year 1985 actual base year appropriations" means fiscal year 1985 actual
1533 capital and operations appropriations from General Fund and non-Uniform School Fund
1534 income tax revenue sources, less debt money.
1535 (7) "Inflation index" means the change in the general price level of goods and services
1536 as measured by the Gross National Product Implicit Price Deflator of the Bureau of Economic
1537 Analysis, U.S. Department of Commerce calculated as provided in Section 63J-3-202 .
1538 (8) (a) "Maximum allowable appropriations limit" means the appropriations that could
1539 be, or could have been, spent in any given year under the limitations of this chapter.
1540 (b) "Maximum allowable appropriations limit" does not mean actual appropriations
1541 spent or actual expenditures.
1542 (9) "Most recent fiscal year's inflation index" means the fiscal year inflation index two
1543 fiscal years previous to the fiscal year for which the maximum allowable inflation and
1544 population appropriations limit is being computed under this chapter.
1545 (10) "Most recent fiscal year's population" means the fiscal year population two fiscal
1546 years previous to the fiscal year for which the maximum allowable inflation and population
1547 appropriations limit is being computed under this chapter.
1548 (11) "Population" means the number of residents of the state as of July 1 of each year
1549 as calculated by the Governor's Office of Planning and Budget according to the procedures and
1550 requirements of Section 63J-3-202 .
1551 (12) "Revenues" means the revenues of the state from every tax, penalty, receipt, and
1552 other monetary exaction and interest connected with it that are recorded as unrestricted revenue
1553 of the General Fund and from non-Uniform School Fund income tax revenues, except as
1554 specifically exempted by this chapter.
1555 (13) "Security" means any bond, note, warrant, or other evidence of indebtedness,
1556 whether or not the bond, note, warrant, or other evidence of indebtedness is or constitutes an
1557 "indebtedness" within the meaning of any provision of the constitution or laws of this state.
1558 Section 47. Section 63M-1-2203 is amended to read:
1559 63M-1-2203. Transient Room Tax Fund -- Source of revenues -- Interest --
1560 Expenditure or pledge of revenues.
1561 (1) There is created [
1562 Transient Room Tax Fund.
1563 (2) (a) The fund shall be funded by the portion of the sales and use tax described in
1564 Subsection 59-12-301 (2).
1565 (b) (i) The fund shall earn interest.
1566 (ii) Any interest earned on fund money shall be deposited into the fund.
1567 (3) (a) Subject to Subsection (3)(b), the director shall expend or pledge the money
1568 deposited into the fund:
1569 (i) to mitigate the impacts of traffic and parking relating to a convention facility within
1570 a county of the first class;
1571 (ii) for a purpose listed in Section 17-31-2 , except that any requirements in Section
1572 17-31-2 for the expenditure of money do not apply; or
1573 (iii) for a combination of Subsections (3)(a)(i) and (ii).
1574 (b) The director may not expend more than $20,000,000 in total to mitigate the impacts
1575 of traffic and parking relating to a convention facility within a county of the first class.
1576 Section 48. Section 63M-1-2612 is amended to read:
1577 63M-1-2612. Private Proposal Expendable Special Revenue Fund -- Fees.
1578 (1) There is created [
1579 called the Private Proposal [
1580 (2) Money collected from the payment of a fee required by this part shall be deposited
1581 in the Private Proposal [
1582 (3) The board or the committee may use the money in the Private Proposal [
1583 Expendable Special Revenue Fund to offset:
1584 (a) the expense of hiring staff and engaging any outside consultant to review a proposal
1585 under this part; and
1586 (b) any expense incurred by the Governor's Office of Planning and Budget or the
1587 affected department in the fulfillment of its duties under this part.
1588 (4) The board shall establish a fee in accordance with Section 63J-1-504 for:
1589 (a) reviewing an initial proposal;
1590 (b) reviewing any detailed proposal; and
1591 (c) preparing any project agreement.
1592 (5) The board may waive the fee established under Subsection (4) if the board
1593 determines that it is:
1594 (a) reasonable; and
1595 (b) in the best interest of the state.
1596 Section 49. Section 67-4-18 is amended to read:
1597 67-4-18. Housing Relief Expendable Special Revenue Fund -- Payments to Utah
1598 Housing Corporation.
1599 (1) As used in this section, "fund" means the Housing Relief [
1600 Special Revenue Fund created by this section.
1601 (2) There is created the Housing Relief [
1602 Fund.
1603 (3) The fund shall be comprised of money deposited in the fund from money received
1604 as a result of the federal American Recovery and Reinvestment Act of 2009.
1605 (4) Money in the fund shall be expended to fund grants to be made by the Utah
1606 Housing Corporation in accordance with Section 35A-8-727 .
1607 (5) The treasurer may place funds in an escrow account, upon which the Utah Housing
1608 Corporation may draw to make grants in accordance with Section 35A-8-727 .
1609 (6) The treasurer may use money from the fund to pay the costs of escrow and other
1610 expenses of the corporation in connection with its duties under Section 35A-8-727 .
1611 (7) The treasurer shall administer the fund and make payments from the fund in
1612 accordance with this section and Section 35A-8-727 .
1613 Section 50. Section 67-5-24 is amended to read:
1614 67-5-24. Attorney General Crime and Violence Prevention Fund -- Use of money
1615 -- Restrictions.
1616 (1) There is created [
1617 Attorney General Crime and Violence Prevention Fund.
1618 (2) The fund shall consist of gifts, grants, devises, donations, and bequests of real
1619 property, personal property, or services, from any source, made to the fund.
1620 (3) (a) If the donor designates a specific purpose or use for the gift, grant, devise,
1621 donation, or bequest, money from the fund shall be used solely for that purpose.
1622 (b) Gifts, grants, devises, donations, and bequests not designated for a specific purpose
1623 under Subsection (3)(a) and that are not restricted to a specific use under federal law, shall be
1624 used in connection with the activities under Subsection (4).
1625 (c) The attorney general or the attorney general's designee shall authorize the
1626 expenditure of fund money in accordance with this section.
1627 (d) The money in the fund may not be used for administrative expenses of the Office of
1628 the Attorney General normally provided for by legislative appropriation.
1629 (4) Except as provided under Subsection (3), the fund money shall be used for any of
1630 the following activities:
1631 (a) the Amber Alert program;
1632 (b) prevention of crime against seniors;
1633 (c) prevention of domestic violence and dating violence;
1634 (d) antidrug use programs;
1635 (e) preventing gangs and gang violence;
1636 (f) Internet safety programs;
1637 (g) mentoring Utah partnerships;
1638 (h) suicide prevention programs;
1639 (i) underage drinking programs;
1640 (j) antipornography programs;
1641 (k) victims assistance programs;
1642 (l) identity theft investigations and prosecutions; or
1643 (m) identity theft reporting system database.
1644 (5) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
1645 State Money Management Act, except that all interest or other earnings derived from the fund
1646 money shall be deposited in the fund.
1647 (6) The attorney general shall make an annual report to the Legislature regarding the
1648 status of the fund, including a report on the contributions received, expenditures made, and
1649 programs and services funded.
1650 Section 51. Section 71-11-8 is amended to read:
1651 71-11-8. Utah Veterans' Nursing Home Fund.
1652 (1) There is created [
1653 Veterans' Nursing Home Fund" to be administered by the department for the benefit of each
1654 home and its residents.
1655 (2) All cash donations, gifts, or bequests shall be deposited in the fund and used
1656 according to the wishes of the donor.
1657 (3) All funds received by the homes from federal or state agencies, individual
1658 insurance reimbursement, or cash payments shall be deposited in the fund.
1659 (4) Funds received that are designated for a specific home shall be accounted for
1660 separately within the fund.
1661 Section 52. Section 72-2-118 is amended to read:
1662 72-2-118. Centennial Highway Fund.
1663 (1) There is created a [
1664 Highway Fund [
1665 created by Section 72-2-124 .
1666 (2) The account consists of money generated from the following revenue sources:
1667 (a) any voluntary contributions received for the construction, [
1668 [
1669 (b) appropriations made to the fund by the Legislature.
1670 (3) (a) The [
1671 (b) All interest earned on [
1672 fund.
1673 (4) The executive director may use [
1674 Transportation Commission, only to pay the costs of construction, [
1675 [
1676 (5) When the highway general obligation bonds have been paid off and the highway
1677 projects completed that are intended to be paid from revenues deposited in the account as
1678 determined by the Executive Appropriations Committee under Subsection (6)(d), the Division
1679 of Finance shall transfer any existing balance in the account into the Transportation Investment
1680 Fund of 2005 created by Section 72-2-124 .
1681 (6) (a) The Division of Finance shall monitor the highway general obligation bonds
1682 that are being paid from revenues deposited in the [
1683 (b) The department shall monitor the highway construction, [
1684 [
1685 (c) Upon request by the Executive Appropriations Committee of the Legislature:
1686 (i) the Division of Finance shall report to the committee the status of all highway
1687 general obligation bonds that are being paid from revenues deposited in the [
1688 (ii) the department shall report to the committee the status of all highway construction,
1689 [
1690 deposited in the [
1691 (d) The Executive Appropriations Committee of the Legislature shall notify the State
1692 Tax Commission, the department, and the Division of Finance when:
1693 (i) all highway general obligation bonds that are intended to be paid from revenues
1694 deposited in the [
1695 (ii) all highway projects that are intended to be paid from revenues deposited in the
1696 account have been completed.
1697 Section 53. Section 72-2-124 is amended to read:
1698 72-2-124. Transportation Investment Fund of 2005.
1699 (1) There is created a [
1700 Investment Fund of 2005.
1701 (2) The fund consists of money generated from the following sources:
1702 (a) any voluntary contributions received for the maintenance, construction,
1703 reconstruction, or renovation of state and federal highways;
1704 (b) appropriations made to the fund by the Legislature;
1705 (c) the sales and use tax revenues deposited into the fund in accordance with Section
1706 59-12-103 ; and
1707 (d) registration fees designated under Section 41-1a-1201 .
1708 (3) (a) The fund shall earn interest.
1709 (b) All interest earned on fund money shall be deposited into the fund.
1710 (4) (a) Except as provided in Subsection (4)(b), the executive director may use fund
1711 money only to pay:
1712 (i) the costs of maintenance, construction, reconstruction, or renovation to state and
1713 federal highways prioritized by the Transportation Commission through the prioritization
1714 process for new transportation capacity projects adopted under Section 72-1-304 ;
1715 (ii) the costs of maintenance, construction, reconstruction, or renovation to the highway
1716 projects described in Subsections 63B-18-401 (2), (3), and (4);
1717 (iii) principal, interest, and issuance costs of bonds authorized by Section 63B-18-401
1718 minus the costs paid from the County of the First Class State Highway Projects Fund in
1719 accordance with Subsection 72-2-121 (4)(d); and
1720 (iv) for a fiscal year beginning on or after July 1, 2013, to transfer to the 2010 Salt
1721 Lake County Revenue Bond Sinking Fund created by Section 72-2-121.3 the amount certified
1722 by Salt Lake County in accordance with Subsection 72-2-121.3 (4)(c) as necessary to pay the
1723 debt service on $30,000,000 of the revenue bonds issued by Salt Lake County;
1724 (v) principal, interest, and issuance costs of bonds authorized by Section 63B-16-101
1725 for projects prioritized in accordance with Section 72-2-125 ; and
1726 (vi) all highway general obligation bonds that are intended to be paid from revenues in
1727 the Centennial Highway Fund [
1728 (b) The executive director may use fund money to exchange for an equal or greater
1729 amount of federal transportation funds to be used as provided in Subsection (4)(a).
1730 (5) (a) Before bonds authorized by Section 63B-18-401 may be issued in any fiscal
1731 year, the department and the commission shall appear before the Executive Appropriations
1732 Committee of the Legislature and present the amount of bond proceeds that the department
1733 needs to provide funding for the projects identified in Subsection 63B-18-401 (2) for the next
1734 fiscal year.
1735 (b) The Executive Appropriations Committee of the Legislature shall review and
1736 comment on the amount of bond proceeds needed to fund the projects.
1737 (6) The Division of Finance shall, from money deposited into the fund, transfer the
1738 amount of funds necessary to pay principal, interest, and issuance costs of bonds authorized by
1739 Section 63B-18-401 in the current fiscal year to the appropriate debt service or sinking fund.
1740 Section 54. Section 72-2-125 is amended to read:
1741 72-2-125. Critical Highway Needs Fund.
1742 (1) There is created a [
1743 Investment Fund of 2005 known as the "Critical Highway Needs Fund."
1744 (2) The fund consists of money generated from the following sources:
1745 (a) any voluntary contributions received for the maintenance, construction,
1746 reconstruction, or renovation of state and federal highways; and
1747 (b) appropriations made to the fund by the Legislature.
1748 (3) (a) The fund shall earn interest.
1749 (b) Interest on fund money shall be deposited into the fund.
1750 (4) (a) The executive director shall use money deposited into the fund to pay the costs
1751 of right-of-way acquisition, maintenance, construction, reconstruction, or renovation to state
1752 and federal highways identified by the department and prioritized by the commission in
1753 accordance with this Subsection (4).
1754 (b) (i) The department shall:
1755 (A) establish a complete list of projects to be maintained, constructed, reconstructed, or
1756 renovated using the funding described in Subsection (4)(a) based on the following criteria:
1757 (I) the highway construction project is a high priority project due to high growth in the
1758 surrounding area;
1759 (II) the highway construction project addresses critical access needs that have a high
1760 impact due to commercial and energy development;
1761 (III) the highway construction project mitigates congestion;
1762 (IV) whether local matching funds are available for the highway construction project;
1763 and
1764 (V) the highway construction project is a critical alternative route for priority Interstate
1765 15 reconstruction projects; and
1766 (B) submit the list of projects to the commission for prioritization in accordance with
1767 Subsection (4)(c).
1768 (ii) A project that is included in the list under this Subsection (4):
1769 (A) is not required to be currently listed in the statewide long-range plan; and
1770 (B) is not required to be prioritized through the prioritization process for new
1771 transportation capacity projects adopted under Section 72-1-304 .
1772 (c) (i) The commission shall prioritize the project list submitted by the department in
1773 accordance with Subsection (4)(b).
1774 (ii) For projects prioritized under this Subsection (4)(c), the commission shall give
1775 priority consideration to fully funding a project that meets the criteria under Subsection
1776 (4)(b)(i)(A)(V).
1777 (d) (i) Expenditures of bond proceeds issued in accordance with Section 63B-16-101
1778 by the department for the construction of highway projects prioritized under this Subsection (4)
1779 may not exceed $1,200,000,000.
1780 (ii) Money expended from the fund for principal, interest, and issuance costs of bonds
1781 issued under Section 63B-16-101 is not considered an expenditure for purposes of the
1782 $1,200,000,000 cap under Subsection (4)(d)(i).
1783 (e) (i) Before bonds authorized by Section 63B-16-101 may be issued in any fiscal
1784 year, the department and the commission shall appear before the Executive Appropriations
1785 Committee of the Legislature and present:
1786 (A) the commission's current list of projects established and prioritized in accordance
1787 with this Subsection (4); and
1788 (B) the amount of bond proceeds that the department needs to provide funding for
1789 projects on the project list prioritized in accordance with this Subsection (4) for the next fiscal
1790 year.
1791 (ii) The Executive Appropriations Committee of the Legislature shall review and
1792 comment on the prioritized project list and the amount of bond proceeds needed to fund the
1793 projects on the prioritized list.
1794 (f) The Division of Finance shall, from money deposited into the fund, transfer the
1795 amount of funds necessary to pay principal, interest, and issuance costs of bonds authorized by
1796 Section 63B-16-101 in the current fiscal year to the appropriate debt service or sinking fund.
1797 (5) When the general obligation bonds authorized by Section 63B-16-101 have been
1798 paid off and the highway projects completed that are included in the prioritized project list
1799 under Subsection (4), the Division of Finance shall transfer any existing balance in the fund
1800 into the Transportation Investment Fund of 2005 created by Section 72-2-124 .
1801 (6) (a) The Division of Finance shall monitor the general obligation bonds authorized
1802 by Section 63B-16-101 .
1803 (b) The department shall monitor the highway construction or reconstruction projects
1804 that are included in the prioritized project list under Subsection (4).
1805 (c) Upon request by the Executive Appropriations Committee of the Legislature:
1806 (i) the Division of Finance shall report to the committee the status of all general
1807 obligation bonds issued under Section 63B-16-101 ; and
1808 (ii) the department shall report to the committee the status of all highway construction
1809 or reconstruction projects that are included in the prioritized project list under Subsection (4).
1810 (d) When the Division of Finance has reported that the general obligation bonds issued
1811 by Section 63B-16-101 have been paid off and the department has reported that projects
1812 included in the prioritized project list are complete to the Executive Appropriations Committee
1813 of the Legislature, the Division of Finance shall transfer any existing fund balance in
1814 accordance with Subsection (5).
1815 (7) (a) Unless prioritized and approved by the Transportation Commission, the
1816 department may not delay a project prioritized under this section to a different fiscal year than
1817 programmed by the commission due to an unavoidable shortfall in revenues if:
1818 (i) the prioritized project was funded by the Legislature in an appropriations act; or
1819 (ii) general obligation bond proceeds have been issued for the project in the current
1820 fiscal year.
1821 (b) For projects identified under Subsection (7)(a), the commission shall prioritize and
1822 approve any project delays for projects prioritized under this section due to an unavoidable
1823 shortfall in revenues if:
1824 (i) the prioritized project was funded by the Legislature in an appropriations act; or
1825 (ii) general obligation bond proceeds have been issued for the project in the current
1826 fiscal year.
1827 Section 55. Section 76-10-922 is amended to read:
1828 76-10-922. Attorney General Litigation Fund.
1829 (1) (a) There is created [
1830 General Litigation Fund for the purpose of providing funds to pay for any costs and expenses
1831 incurred by the state attorney general in relation to actions under state or federal antitrust,
1832 criminal laws, or civil proceedings under Title 13, Chapter 44, Protection of Personal
1833 Information Act. These funds are in addition to other funds as may be appropriated by the
1834 Legislature to the attorney general for the administration and enforcement of the laws of this
1835 state.
1836 (b) At the close of any fiscal year, any balance in the fund in excess of $2,000,000 shall
1837 be transferred to the General Fund.
1838 (c) The attorney general may expend money from the Attorney General Litigation Fund
1839 for the purposes in Subsection (1)(a).
1840 (2) (a) All money received by the state or its agencies by reason of any judgment,
1841 settlement, or compromise as the result of any action commenced, investigated, or prosecuted
1842 by the attorney general, after payment of any fines, restitution, payments, costs, or fees
1843 allocated by the court, shall be deposited in the Attorney General Litigation Fund, except as
1844 provided in Subsection (2)(b).
1845 (b) (i) Any expenses advanced by the attorney general in any of the actions under
1846 Subsection (1)(a) shall be credited to the Attorney General Litigation Fund.
1847 (ii) Any money recovered by the attorney general on behalf of any private person or
1848 public body other than the state shall be paid to those persons or bodies from funds remaining
1849 after payment of expenses under Subsection (2)(b)(i).
1850 (3) The Division of Finance shall transfer any money remaining in the Antitrust
1851 Revolving Account on July 1, 2002, to the Attorney General Litigation Fund created in
1852 Subsection (1).
1853 Section 56. Section 79-3-402 is amended to read:
1854 79-3-402. Utah Geological Survey Sample Library Fund.
1855 (1) There is created [
1856 "Utah Geological Survey Sample Library Fund."
1857 (2) The fund consists of money from the following revenue sources:
1858 (a) donations or contributions from individuals, companies, organizations, or
1859 government entities; and
1860 (b) interest generated by the fund.
1861 (3) The director shall administer the fund.
1862 (4) (a) Donations and other contributions to the fund and unallocated interest as
1863 provided in Subsection (5)(c) shall constitute the fund's principal.
1864 (b) The principal may be expended only with the concurrence of the board.
1865 (5) (a) Interest generated by the fund may be expended to support the sample library as
1866 provided in Subsections (5)(b) and (c).
1867 (b) An amount of money equal to or less than the interest generated by the fund in the
1868 previous fiscal year may be expended annually in support of the sample library.
1869 (c) Funds that are eligible to be spent, but remain unallocated at the end of any fiscal
1870 year, revert to the fund and become part of the fund's principle.
1871 Section 57. Revisor instructions.
1872 The Legislature intends that the Office of Legislative Research and General Counsel, in
1873 preparing the Utah Code database for publication, replace any reference to "restricted special
1874 revenue fund" with "expendable special revenue fund".
[Bill Documents][Bills Directory]