1     
DEDICATED CREDITS AND NONLAPSING AUTHORITY

2     
REVISIONS

3     
2018 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Bradley G. Last

6     
Senate Sponsor: Jerry W. Stevenson

7     

8     LONG TITLE
9     General Description:
10          This bill modifies provisions in the Budgetary Procedures Act and other provisions
11     relating to dedicated credits and nonlapsing authority.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     clarifies use of the terms "item of appropriation" and "line item";
16          ▸     modifies provisions related to the treatment and expenditure of dedicated credits;
17          ▸     provides procedures for submitting and revising budget execution plans;
18          ▸     modifies provisions relating to nonlapsing appropriations;
19          ▸     reorganizes existing classifications of:
20               •     nonlapsing appropriations from accounts and funds; and
21               •     appropriations to programs; and
22          ▸     adds a public safety answering point emergency telecommunications service fund to
23     the list of nonlapsing programs.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          This bill provides a special effective date.
28          This bill provides coordination clauses.
29     Utah Code Sections Affected:

30     AMENDS:
31          26-1-6, as last amended by Laws of Utah 2009, Chapter 183
32          41-1a-121, as enacted by Laws of Utah 2011, Chapter 189
33          41-1a-1221, as last amended by Laws of Utah 2012, Chapter 397
34          41-3-601, as last amended by Laws of Utah 2015, Chapter 93
35          41-3-604, as last amended by Laws of Utah 2011, Chapter 189
36          41-22-36, as last amended by Laws of Utah 2011, Chapter 189
37          53C-1-201, as last amended by Laws of Utah 2016, Chapter 193
38          54-5-1.5, as last amended by Laws of Utah 2017, Chapter 396
39          62A-1-111.5, as enacted by Laws of Utah 2017, Chapter 330 and further amended by
40     Revisor Instructions, Laws of Utah 2017, Chapter 330
41          62A-1-202, as enacted by Laws of Utah 2014, Chapter 37
42          63I-1-263, as last amended by Laws of Utah 2017, Chapters 23, 47, 95, 166, 205, 469,
43     and 470
44          63I-2-263, as last amended by Laws of Utah 2017, First Special Session, Chapter 1
45          63J-1-102, as last amended by Laws of Utah 2015, Chapter 175
46          63J-1-104, as last amended by Laws of Utah 2013, Chapter 310
47          63J-1-206, as last amended by Laws of Utah 2017, First Special Session, Chapter 1
48          63J-1-209, as renumbered and amended by Laws of Utah 2009, Chapters 183 and 368
49          63J-1-217, as last amended by Laws of Utah 2013, Chapter 310
50          63J-1-601, as last amended by Laws of Utah 2016, Chapter 271
51          63J-1-602, as last amended by Laws of Utah 2010, Chapters 9, 10, 218, 265, 277, 278,
52     287, 324, 379, 391, 399 and last amended by Coordination Clause, Laws of Utah
53     2010, Chapter 265
54          63J-2-102, as last amended by Laws of Utah 2017, Chapter 363
55          63J-2-201, as renumbered and amended by Laws of Utah 2008, Chapter 382
56          63J-2-202, as last amended by Laws of Utah 2012, Chapter 102
57          63J-4-301, as last amended by Laws of Utah 2013, Chapter 310

58          63N-8-103, as last amended by Laws of Utah 2016, Chapter 51
59          73-18-25, as last amended by Laws of Utah 2011, Chapter 189
60     ENACTS:
61          63J-1-105, Utah Code Annotated 1953
62     REPEALS AND REENACTS:
63          63J-1-602.1 (Superseded 09/30/18), as last amended by Laws of Utah 2017, Chapters
64     88, 194, and 383
65          63J-1-602.1 (Effective 09/30/18), as last amended by Laws of Utah 2017, Chapters 88,
66     107, 194, and 383
67          63J-1-602.2, as last amended by Laws of Utah 2015, Chapters 86, 93, and 189
68     REPEALS:
69          63J-1-602.3, as last amended by Laws of Utah 2017, Chapters 396 and 423
70          63J-1-602.4, as last amended by Laws of Utah 2017, Chapters 253, 430, and 470
71          63J-1-602.5, as last amended by Laws of Utah 2016, Chapter 177
72     Utah Code Sections Affected by Coordination Clause:
73          63I-1-263, as last amended by Laws of Utah 2017, Chapters 23, 47, 95, 166, 205, 469,
74     and 470
75          63J-1-602.1 (Superseded 09/30/18), as last amended by Laws of Utah 2017, Chapters
76     88, 194, and 383
77          63J-1-602.1 (Effective 09/30/18), as last amended by Laws of Utah 2017, Chapters 88,
78     107, 194, and 383
79          63J-1-602.2, as last amended by Laws of Utah 2015, Chapters 86, 93, and 189
80          63J-1-602.4, as last amended by Laws of Utah 2017, Chapters 253, 430, and 470
81     

82     Be it enacted by the Legislature of the state of Utah:
83          Section 1. Section 26-1-6 is amended to read:
84          26-1-6. Fee schedule adopted by department.
85          (1) The department may adopt a schedule of fees that may be assessed for services

86     rendered by the department, provided that the fees are:
87          (a) reasonable and fair; and
88          (b) submitted to the Legislature as part of the department's annual appropriations
89     request.
90          (2) When the department submits a fee schedule to the Legislature, the Legislature, in
91     accordance with Section 63J-1-504, may:
92          (a) approve the fee;
93          (b) increase or decrease and approve the fee; or
94          (c) reject any fee submitted to it.
95          (3) Fees approved by the Legislature pursuant to this section shall be paid into the state
96     treasury [in accordance with Section 63J-1-104].
97          Section 2. Section 41-1a-121 is amended to read:
98          41-1a-121. Electronic Payment Fee Restricted Account.
99          (1) As used in this section, "account" means the Electronic Payment Fee Restricted
100     Account created by this section.
101          (2) There is created within the General Fund a restricted account known as the
102     Electronic Payment Fee Restricted Account.
103          (3) (a) The account shall be funded from the fees imposed and collected under Sections
104     41-1a-1221, 41-3-604, 41-22-36, and 73-18-25.
105          (b) The fees described in Subsection (3)(a) shall be paid to the division, which shall
106     deposit them in the account.
107          (4) The Legislature shall appropriate the funds in the account to the commission to
108     cover the costs of electronic payments.
109          (5) In accordance with Section [63J-1-602.2] 63J-1-602.1, appropriations made to the
110     division from the account are nonlapsing.
111          Section 3. Section 41-1a-1221 is amended to read:
112          41-1a-1221. Fees to cover the cost of electronic payments.
113          (1) As used in this section:

114          (a) "Electronic payment" means use of any form of payment processed through
115     electronic means, including credit cards, debit cards, and automatic clearinghouse transactions.
116          (b) "Electronic payment fee" means the fee assessed to defray:
117          (i) the charge, discount fee, or processing fee charged by credit card companies or
118     processing agents to process an electronic payment; or
119          (ii) costs associated with the purchase of equipment necessary for processing electronic
120     payments.
121          (2) (a) The Motor Vehicle Division may collect an electronic payment fee on all
122     registrations and renewals of registration under Subsections 41-1a-1206(1)(a), (1)(b), (2)(a),
123     (2)(b), and (3).
124          (b) The fee described in Subsection (2)(a):
125          (i) shall be imposed regardless of the method of payment for a particular transaction;
126     and
127          (ii) need not be separately identified from the fees imposed for registration and
128     renewals of registration under Subsections 41-1a-1206(1)(a), (1)(b), (2)(a), (2)(b), and (3).
129          (3) The division shall establish the fee according to the procedures and requirements of
130     Section 63J-1-504.
131          (4) A fee imposed under this section:
132          (a) shall be deposited in the Electronic Payment Fee Restricted Account created by
133     Section 41-1a-121; and
134          (b) is not subject to Subsection [63J-2-202(2)] 63J-1-105(3) or (4).
135          Section 4. Section 41-3-601 is amended to read:
136          41-3-601. Fees.
137          (1) The administrator shall collect fees determined by the commission under Section
138     63J-1-504 for each of the following:
139          (a) new motor vehicle dealer's license;
140          (b) used motor vehicle dealer's license;
141          (c) new motorcycle, off-highway vehicle, and small trailer dealer;

142          (d) used motorcycle, off-highway vehicle, and small trailer dealer;
143          (e) motor vehicle salesperson's license;
144          (f) motor vehicle salesperson's transfer or reissue fee;
145          (g) motor vehicle manufacturer's license;
146          (h) motor vehicle transporter's license;
147          (i) motor vehicle dismantler's license;
148          (j) motor vehicle crusher's license;
149          (k) motor vehicle remanufacturer's license;
150          (l) body shop's license;
151          (m) distributor or factory branch and distributor branch's license;
152          (n) representative's license;
153          (o) dealer plates;
154          (p) dismantler plates;
155          (q) manufacturer plates;
156          (r) transporter plates;
157          (s) damaged plate replacement;
158          (t) in-transit permits;
159          (u) loaded demonstration permits;
160          (v) additional place of business;
161          (w) special equipment dealer's license;
162          (x) temporary permits; and
163          (y) temporary sports event registration certificates.
164          (2) (a) To pay for training certified vehicle inspectors and enforcement under Sections
165     41-1a-1001 through 41-1a-1008, the State Tax Commission shall establish and the
166     administrator shall collect inspection fees determined by the commission under Section
167     63J-1-504.
168          (b) The division shall use fees collected under Subsection (2)(a) as dedicated credits to
169     be used toward the costs of the division.

170          (3) (a) At the time of application, the administrator shall collect a fee of $200 for each
171     salvage vehicle buyer license.
172          (b) The administrator may retain a portion of the fee under Subsection (3)(a) to offset
173     the administrator's actual costs of administering and enforcing salvage vehicle buyer licenses.
174          (4) A fee imposed under Subsection (1)(x) or (y):
175          (a) shall be deposited into the Motor Vehicle Enforcement Division Temporary Permit
176     Restricted Account created by Section 41-3-110; and
177          (b) is not subject to Subsection [63J-2-202(2)] 63J-1-105(3) or (4).
178          Section 5. Section 41-3-604 is amended to read:
179          41-3-604. Fee to cover the cost of electronic payments.
180          (1) As used in this section:
181          (a) "Electronic payment" has the same meaning as defined in Section 41-1a-1221.
182          (b) "Electronic payment fee" has the same meaning as defined in Section 41-1a-1221.
183          (2) (a) The division may collect a fee to cover the cost of electronic payments on the
184     following transactions:
185          (i) each purchase or renewal of a license under Section 41-3-202;
186          (ii) each purchase of a book of temporary permits under Section 41-3-302;
187          (iii) each penalty issued for a delinquent temporary permit under Section 41-3-302;
188          (iv) each purchase of an in-transit permit under Section 41-3-305;
189          (v) each purchase of a loaded demonstration permit under Section 41-3-502;
190          (vi) each purchase of a license plate under Section 41-3-503; and
191          (vii) each purchase of a salvage vehicle buyer license under Section 41-3-202.
192          (b) The fee described in Subsection (2)(a):
193          (i) shall be imposed regardless of the method of payment for a particular transaction;
194     and
195          (ii) need not be separately identified from the fees and penalty described in Subsections
196     (2)(a)(i) through (vii).
197          (3) The division shall establish the fee under Subsection (2)(a) according to the

198     procedures and requirements of Section 63J-1-504.
199          (4) A fee imposed under this section:
200          (a) shall be deposited in the Electronic Payment Fee Restricted Account created by
201     Section 41-1a-121; and
202          (b) is not subject to Subsection [63J-2-202(2)] 63J-1-105(3) or (4).
203          Section 6. Section 41-22-36 is amended to read:
204          41-22-36. Fees to cover the costs of electronic payments.
205          (1) As used in this section:
206          (a) "Electronic payment" has the same meaning as defined in Section 41-1a-1221.
207          (b) "Electronic payment fee" has the same meaning as defined in Section 41-1a-1221.
208          (2) (a) The Motor Vehicle Division may collect an electronic payment fee on all
209     registrations and renewals of registration under Section 41-22-8.
210          (b) The fee described in Subsection (2)(a) shall be imposed regardless of the method of
211     payment for a particular transaction.
212          (3) The division shall establish the fee according to the procedures and requirements of
213     Section 63J-1-504.
214          (4) A fee imposed under this section:
215          (a) shall be deposited in the Electronic Payment Fee Restricted Account created by
216     Section 41-1a-121;
217          (b) is not subject to Subsection [63J-2-202(2)] 63J-1-105(3) or (4); and
218          (c) need not be separately identified from the fees imposed on registrations and
219     renewals of registration under Section 41-22-8.
220          Section 7. Section 53C-1-201 is amended to read:
221          53C-1-201. Creation of administration -- Purpose -- Director -- Participation in
222     Risk Management Fund.
223          (1) (a) There is established within state government the School and Institutional Trust
224     Lands Administration.
225          (b) The administration shall manage all school and institutional trust lands and assets

226     within the state, except as otherwise provided in Title 53C, Chapter 3, Deposit and Allocation
227     of Revenue from Trust Lands, and Title 53D, Chapter 1, School and Institutional Trust Fund
228     Management Act.
229          (2) The administration is an independent state agency and not a division of any other
230     department.
231          (3) (a) It is subject to the usual legislative and executive department controls except as
232     provided in this Subsection (3).
233          (b) (i) The director may make rules as approved by the board that allow the
234     administration to classify a business proposal submitted to the administration as protected
235     under Section 63G-2-305, for as long as is necessary to evaluate the proposal.
236          (ii) The administration shall return the proposal to the party who submitted the
237     proposal, and incur no further duties under Title 63G, Chapter 2, Government Records Access
238     and Management Act, if the administration determines not to proceed with the proposal.
239          (iii) The administration shall classify the proposal pursuant to law if it decides to
240     proceed with the proposal.
241          (iv) Section 63G-2-403 does not apply during the review period.
242          (c) The director shall make rules in compliance with Title 63G, Chapter 3, Utah
243     Administrative Rulemaking Act, except that the administration is not subject to Subsections
244     63G-3-301(6) and (7) and Section 63G-3-601, and the director, with the board's approval, may
245     establish a procedure for the expedited approval of rules, based on written findings by the
246     director showing:
247          (i) the changes in business opportunities affecting the assets of the trust;
248          (ii) the specific business opportunity arising out of those changes which may be lost
249     without the rule or changes to the rule;
250          (iii) the reasons the normal procedures under Section 63G-3-301 cannot be met without
251     causing the loss of the specific opportunity;
252          (iv) approval by at least five board members; and
253          (v) that the director has filed a copy of the rule and a rule analysis, stating the specific

254     reasons and justifications for its findings, with the Office of Administrative Rules and notified
255     interested parties as provided in Subsection 63G-3-301(10).
256          (d) (i) The administration shall comply with Title 67, Chapter 19, Utah State Personnel
257     Management Act, except as provided in this Subsection (3)(d).
258          (ii) The board may approve, upon recommendation of the director, that exemption for
259     specific positions under Subsections 67-19-12(2) and 67-19-15(1) is required in order to enable
260     the administration to efficiently fulfill its responsibilities under the law. The director shall
261     consult with the executive director of the Department of Human Resource Management prior
262     to making such a recommendation.
263          (iii) The positions of director, deputy director, associate director, assistant director,
264     legal counsel appointed under Section 53C-1-305, administrative assistant, and public affairs
265     officer are exempt under Subsections 67-19-12(2) and 67-19-15(1).
266          (iv) Salaries for exempted positions, except for the director, shall be set by the director,
267     after consultation with the executive director of the Department of Human Resource
268     Management, within ranges approved by the board. The board and director shall consider
269     salaries for similar positions in private enterprise and other public employment when setting
270     salary ranges.
271          (v) The board may create an annual incentive and bonus plan for the director and other
272     administration employees designated by the board, based upon the attainment of financial
273     performance goals and other measurable criteria defined and budgeted in advance by the board.
274          (e) The administration shall comply with Title 63G, Chapter 6a, Utah Procurement
275     Code, except where the board approves, upon recommendation of the director, exemption from
276     the Utah Procurement Code, and simultaneous adoption of rules under Title 63G, Chapter 3,
277     Utah Administrative Rulemaking Act, for procurement, which enable the administration to
278     efficiently fulfill its responsibilities under the law.
279          (f) (i) Except as provided in Subsection (3)(f)(ii), the administration is not subject to
280     the fee agency requirements of Section 63J-1-504.
281          (ii) The following fees of the administration are subject to the requirements of Section

282     63J-1-504: application, assignment, amendment, affidavit for lost documents, name change,
283     reinstatement, grazing nonuse, extension of time, partial conveyance, patent reissue, collateral
284     assignment, electronic payment, and processing.
285          [(g) (i) The administration is not subject to Subsection 63J-1-206(3)(f).]
286          (g) (i) Notwithstanding Subsection 63J-1-206(2)(c), the administration may transfer
287     funds between its line items.
288          (ii) Before transferring appropriated funds between line items, the administration shall
289     submit a proposal to the board for its approval.
290          (iii) If the board gives approval to a proposal to transfer appropriated funds between
291     line items, the administration shall submit the proposal to the Legislative Executive
292     Appropriations Committee for its review and recommendations.
293          (iv) The Legislative Executive Appropriations Committee may recommend:
294          (A) that the administration transfer the appropriated funds between line items;
295          (B) that the administration not transfer the appropriated funds between line items; or
296          (C) to the governor that the governor call a special session of the Legislature to
297     supplement the appropriated budget for the administration.
298          (4) The administration is managed by a director of school and institutional trust lands
299     appointed by a majority vote of the board of trustees with the consent of the governor.
300          (5) (a) The board of trustees shall provide policies for the management of the
301     administration and for the management of trust lands and assets.
302          (b) The board shall provide policies for the ownership and control of Native American
303     remains that are discovered or excavated on school and institutional trust lands in consultation
304     with the Division of Indian Affairs and giving due consideration to Title 9, Chapter 9, Part 4,
305     Native American Grave Protection and Repatriation Act. The director may make rules in
306     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement
307     policies provided by the board regarding Native American remains.
308          (6) In connection with joint ventures and other transactions involving trust lands and
309     minerals approved under Sections 53C-1-303 and 53C-2-401, the administration, with board

310     approval, may become a member of a limited liability company under Title 48, Chapter 3a,
311     Utah Revised Uniform Limited Liability Company Act, as appropriate pursuant to Section
312     48-3a-1405 and is considered a person under Section 48-3a-102.
313          (7) Subject to the requirements of Subsection 63E-1-304(2), the administration may
314     participate in coverage under the Risk Management Fund created by Section 63A-4-201.
315          Section 8. Section 54-5-1.5 is amended to read:
316          54-5-1.5. Special regulation fee -- Supplemental Levy Committee -- Supplemental
317     fee -- Fee for electrical cooperatives.
318          (1) (a) A special fee to defray the cost of regulation is imposed upon all public utilities
319     subject to the jurisdiction of the Public Service Commission.
320          (b) The special fee is in addition to any charge now assessed, levied, or required by
321     law.
322          (2) (a) The executive director of the Department of Commerce shall determine the
323     special fee for the Department of Commerce.
324          (b) The chair of the Public Service Commission shall determine the special fee for the
325     Public Service Commission.
326          (c) The fee shall be assessed as a uniform percentage of the gross operating revenue for
327     the preceding calendar year derived from each public utility's business and operations during
328     that period within this state, excluding income derived from interstate business. Gross
329     operating revenue shall not include income to a wholesale electric cooperative derived from the
330     sale of power to a rural electric cooperative which resells that power within the state.
331          (3) (a) The executive director of the Department of Commerce shall notify each public
332     utility subject to the provisions of this chapter of the amount of the fee.
333          (b) The fee is due and payable on or before July 1 of each year.
334          (4) (a) There is created a restricted account within the General Fund known as the
335     Public Utility Regulatory Restricted Account.
336          (b) Notwithstanding Subsection 13-1-2(3)(c), the Department of Commerce shall
337     deposit a fee assessed under this section into the Public Utility Regulatory Restricted Account.

338          (c) Within appropriations by the Legislature:
339          (i) the Department of Commerce may use the funds in the Public Utility Regulatory
340     Restricted Account to administer:
341          (A) the Division of Public Utilities; and
342          (B) the Office of Consumer Services; and
343          (ii) the Public Service Commission may use the funds in the Public Utility Regulatory
344     Restricted Account to administer the Public Service Commission.
345          (d) At the end of each fiscal year, the director of the Division of Finance shall transfer
346     into the General Fund any balance in the Public Utility Regulatory Restricted Account in
347     excess of $3,000,000.
348          (5) (a) The Legislature intends that the public utilities provide all of the funds for the
349     administration, support, and maintenance of:
350          (i) the Public Service Commission;
351          (ii) state agencies within the Department of Commerce involved in the regulation of
352     public utilities; and
353          (iii) expenditures by the attorney general for utility regulation.
354          (b) Notwithstanding Subsection (5)(a), the fee imposed by Subsection (1) shall not
355     exceed the greater of:
356          (i) (A) for a public utility other than an electrical cooperative, .3% of the public utility's
357     gross operating revenues for the preceding calendar year; or
358          (B) for an electrical cooperative, .15% of the electrical cooperative's gross operating
359     revenues for the preceding calendar year; or
360          (ii) $50.
361          (6) (a) There is created a Supplemental Levy Committee to levy additional assessments
362     on public utilities when unanticipated costs of regulation occur in any fiscal year.
363          (b) The Supplemental Levy Committee shall consist of:
364          (i) one member selected by the executive director of the Department of Commerce;
365          (ii) one member selected by the chairman of the Public Service Commission;

366          (iii) two members selected by the three public utilities that paid the largest percent of
367     the current regulatory fee; and
368          (iv) one member selected by the four appointed members.
369          (c) (i) The members of the Supplemental Levy Committee shall be selected within 10
370     working days after the executive director of the Department of Commerce gives written notice
371     to the Public Service Commission and the public utilities that a supplemental levy committee is
372     needed.
373          (ii) If the members of the Supplemental Levy Committee have not been appointed
374     within the time prescribed, the governor shall appoint the members of the Supplemental Levy
375     Committee.
376          (d) (i) During any state fiscal year, the Supplemental Levy Committee, by a majority
377     vote and subject to audit by the state auditor, may impose a supplemental fee on the regulated
378     utilities for the purpose of defraying any increased cost of regulation.
379          (ii) The supplemental fee imposed upon the utilities shall equal a percentage of their
380     gross operating revenue for the preceding calendar year.
381          (iii) The aggregate of all fees, including any supplemental fees assessed, shall not
382     exceed .3% of the gross operating revenue of the utilities assessed for the preceding calendar
383     year.
384          (iv) Payment of the supplemental fee is due within 30 days after receipt of the
385     assessment.
386          (v) The utility may, within 10 days after receipt of assessment, request a hearing before
387     the Public Service Commission if it questions the need for, or the reasonableness of, the
388     supplemental fee.
389          (e) (i) Any supplemental fee collected to defray the cost of regulation shall be
390     transferred to the state treasurer as a departmental collection [according to the provisions of
391     Section 63J-1-104].
392          (ii) Supplemental fees are excess collections, credited according to the procedures of
393     Section [63J-1-104] 63J-1-105.

394          (iii) Charges billed to the Department of Commerce by any other state department,
395     institution, or agency for services rendered in connection with regulation of a utility shall be
396     credited by the state treasurer from the special or supplemental fees collected to the
397     appropriations account of the entity providing that service according to the procedures provided
398     in Title 63J, Chapter 1, Budgetary Procedures Act.
399          (7) (a) For purposes of this section, "electrical cooperative" means:
400          (i) a distribution electrical cooperative; or
401          (ii) a wholesale electrical cooperative.
402          (b) Subject to Subsection (7)(c), if the regulation of one or more electrical cooperatives
403     causes unanticipated costs of regulation in a fiscal year, the commission may impose a
404     supplemental fee on the one or more electrical cooperatives in this state responsible for the
405     increased cost of regulation.
406          (c) The aggregate of all fees imposed under this section on an electrical cooperative in
407     a calendar year shall not exceed the greater of:
408          (i) .3% of the electrical cooperative's gross operating revenues for the preceding
409     calendar year; or
410          (ii) $50.
411          Section 9. Section 62A-1-111.5 is amended to read:
412          62A-1-111.5. Duties of the department for fiscal year 2018.
413          Notwithstanding [Section] Subsection 63J-1-206(2)(c), for fiscal year 2018 only, the
414     department may transfer money from savings related to implementation of Laws of Utah 2017,
415     Chapter 330, and nonlapsing balances from fiscal year 2017 between appropriation line items
416     to allocate resources between the Division of Juvenile Justice Services, the Division of Child
417     and Family Services, and the Division of Substance Abuse and Mental Health to facilitate the
418     department's implementation of Laws of Utah 2017, Chapter 330.
419          Section 10. Section 62A-1-202 is amended to read:
420          62A-1-202. National Professional Men's Basketball Team Support of Women and
421     Children Issues Restricted Account.

422          (1) There is created in the General Fund a restricted account known as the "National
423     Professional Men's Basketball Team Support of Women and Children Issues Restricted
424     Account."
425          (2) The account shall be funded by:
426          (a) contributions deposited into the account in accordance with Section 41-1a-422;
427          (b) private contributions; and
428          (c) donations or grants from public or private entities.
429          (3) Upon appropriation by the Legislature, the department shall distribute funds in the
430     account to one or more charitable organizations that:
431          (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
432          (b) have a board that is appointed by the owners that, either on an individual or joint
433     basis, own a controlling interest in a legal entity that is a franchised member of the
434     internationally recognized national governing body for professional men's basketball in the
435     United States;
436          (c) are headquartered within the state;
437          (d) create or support programs that focus on issues affecting women and children
438     within the state, with an emphasis on health and education; and
439          (e) have a board of directors that disperses all funds of the organization.
440          (4) (a) An organization described in Subsection (3) may apply to the department to
441     receive a distribution in accordance with Subsection (3).
442          (b) An organization that receives a distribution from the department in accordance with
443     Subsection (3) shall expend the distribution only to:
444          (i) create or support programs that focus on issues affecting women and children, with
445     an emphasis on health and education;
446          (ii) create or sponsor programs that will benefit residents within the state; and
447          (iii) pay the costs of issuing or reordering National Professional Men's Basketball
448     Team Support of Women and Children Issues support special group license plate decals.
449          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the

450     department may make rules providing procedures for an organization to apply to the
451     department to receive a distribution under this Subsection (4).
452          (5) In accordance with Section [63J-1-602.4] 63J-1-602.1, appropriations from the
453     account are nonlapsing.
454          Section 11. Section 63I-1-263 is amended to read:
455          63I-1-263. Repeal dates, Titles 63A to 63N.
456          (1) Subsection 63A-5-104(4)(h) is repealed on July 1, 2024.
457          (2) Section 63A-5-603, State Facility Energy Efficiency Fund, is repealed July 1, 2023.
458          (3) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
459     1, 2018.
460          (4) Title 63C, Chapter 4b, Commission for the Stewardship of Public Lands, is
461     repealed November 30, 2019.
462          (5) Title 63C, Chapter 16, Prison Development Commission Act, is repealed July 1,
463     2020.
464          (6) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
465     repealed July 1, 2021.
466          (7) Title 63C, Chapter 18, Mental Health Crisis Line Commission, is repealed July 1,
467     2018.
468          (8) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
469     2023.
470          (9) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
471     2020.
472          (10) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
473          (11) On July 1, 2025:
474          (a) in Subsection 17-27a-404(3)(c)(ii), the language that states "the Resource
475     Development Coordinating Committee," is repealed;
476          (b) Subsection 23-14-21(2)(c) is amended to read "(c) provide notification of proposed
477     sites for the transplant of species to local government officials having jurisdiction over areas

478     that may be affected by a transplant.";
479          (c) in Subsection 23-14-21(3), the language that states "and the Resource Development
480     Coordinating Committee" is repealed;
481          (d) in Subsection 23-21-2.3(1), the language that states "the Resource Development
482     Coordinating Committee created in Section 63J-4-501 and" is repealed;
483          (e) in Subsection 23-21-2.3(2), the language that states "the Resource Development
484     Coordinating Committee and" is repealed;
485          (f) Subsection 63J-4-102(1) is repealed and the remaining subsections are renumbered
486     accordingly;
487          (g) Subsections 63J-4-401(5)(a) and (c) are repealed;
488          (h) Subsection 63J-4-401(5)(b) is renumbered to Subsection 63J-4-401(5)(a) and the
489     word "and" is inserted immediately after the semicolon;
490          (i) Subsection 63J-4-401(5)(d) is renumbered to Subsection 63J-4-401(5)(b);
491          (j) Sections 63J-4-501, 63J-4-502, 63J-4-503, 63J-4-504, and 63J-4-505 are repealed;
492     and
493          (k) Subsection 63J-4-603(1)(e)(iv) is repealed and the remaining subsections are
494     renumbered accordingly.
495          (12) (a) Subsection [63J-1-602.4(15)] 63J-1-602.1(50), relating to the Utah Statewide
496     Radio System Restricted Account, is repealed July 1, 2022.
497          (b) When repealing Subsection [63J-1-602.4(15)] 63J-1-602.1(50), the Office of
498     Legislative Research and General Counsel shall, in addition to the office's authority under
499     Subsection 36-12-12(3), make necessary changes to subsection numbering and cross
500     references.
501          (13) The Crime Victim Reparations and Assistance Board, created in Section
502     63M-7-504, is repealed July 1, 2027.
503          (14) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2027.
504          (15) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2018.
505          (16) (a) Title 63N, Chapter 2, Part 4, Recycling Market Development Zone Act, is

506     repealed January 1, 2021.
507          (b) Subject to Subsection (16)(c), Sections 59-7-610 and 59-10-1007 regarding tax
508     credits for certain persons in recycling market development zones, are repealed for taxable
509     years beginning on or after January 1, 2021.
510          (c) A person may not claim a tax credit under Section 59-7-610 or 59-10-1007:
511          (i) for the purchase price of machinery or equipment described in Section 59-7-610 or
512     59-10-1007, if the machinery or equipment is purchased on or after January 1, 2021; or
513          (ii) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), if
514     the expenditure is made on or after January 1, 2021.
515          (d) Notwithstanding Subsections (16)(b) and (c), a person may carry forward a tax
516     credit in accordance with Section 59-7-610 or 59-10-1007 if:
517          (i) the person is entitled to a tax credit under Section 59-7-610 or 59-10-1007; and
518          (ii) (A) for the purchase price of machinery or equipment described in Section
519     59-7-610 or 59-10-1007, the machinery or equipment is purchased on or before December 31,
520     2020; or
521          (B) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), the
522     expenditure is made on or before December 31, 2020.
523          (17) Section 63N-2-512 is repealed on July 1, 2021.
524          (18) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
525     January 1, 2021.
526          (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
527     calendar years beginning on or after January 1, 2021.
528          (c) Notwithstanding Subsection (18)(b), an entity may carry forward a tax credit in
529     accordance with Section 59-9-107 if:
530          (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
531     31, 2020; and
532          (ii) the qualified equity investment that is the basis of the tax credit is certified under
533     Section 63N-2-603 on or before December 31, 2023.

534          (19) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant Program,
535     is repealed January 1, 2023.
536          (20) Title 63N, Chapter 12, Part 3, Utah Broadband Outreach Center, is repealed July
537     1, 2018.
538          (21) Title 63N, Chapter 12, Part 4, Career and Technical Education Board, is repealed
539     July 1, 2018.
540          Section 12. Section 63I-2-263 is amended to read:
541          63I-2-263. Repeal dates, Title 63A to Title 63N.
542          (1) Section 63A-5-227 is repealed on January 1, 2018.
543          (2) Section 63H-7a-303 is repealed on July 1, 2022.
544          (3) On July 1, 2019:
545          (a) in Subsection 63J-1-206[(3)](2)(c)(i), the language that states "[(i) Except as
546     provided in] Subsection [(3)](2)(c)(ii) and" is repealed; and
547          (b) Subsection 63J-1-206[(3)](2)(c)(ii) is repealed.
548          (4) Subsection 63N-3-109(2)(f)(i)(B) is repealed July 1, 2020.
549          (5) Section 63N-3-110 is repealed July 1, 2020.
550          Section 13. Section 63J-1-102 is amended to read:
551          63J-1-102. Definitions.
552          As used in this chapter:
553          (1) "Agency" means a unit of accounting, typically associated with a department,
554     division, board, council, committee, institution, office, bureau, or other similar administrative
555     unit of state government, that includes line items and programs.
556          (2) "Budget execution plan" means a proposal submitted by an administrative unit of
557     state government to the Division of Finance enumerating expected revenues and authorized
558     expenditures within line items and among programs.
559          [(1)] (3) "Debt service" means the money that is required annually to cover the
560     repayment of interest and principal on state debt.
561          [(2)] (4) (a) "Dedicated credits" means collections by an agency that are deposited

562     directly into an account for expenditure [on a separate line item and program] by the agency.
563          (b) "Dedicated credits" includes collections from assessments, contributions,
564     donations, fees, fines, licenses, penalties, rental, sales, non-federal grants, or other collections
565     not:
566          (i) otherwise designated by law for deposit into another fund or account; or
567          (ii) specifically excluded from the definition.
568          (c) "Dedicated credits" does not mean:
569          (i) federal revenues and the related pass through or the related state match paid by one
570     agency to another;
571          (ii) revenues that are not deposited in governmental funds; or
572          (iii) revenues from any contracts.
573          [(3)] (5) "Federal revenues" means collections by an agency from a federal source that
574     are deposited into an account for expenditure [on a separate line item and program] by the
575     agency.
576          [(4) "Fixed collections" means collections that are:]
577          [(a) fixed at a specific amount by law or by an appropriation act; and]
578          [(b) required to be deposited into a separate line item and program.]
579          [(5)] (6) "Free revenue" includes:
580          (a) collections that are required by law to be deposited in:
581          (i) the General Fund;
582          (ii) the Education Fund;
583          (iii) the Uniform School Fund; or
584          (iv) the Transportation Fund;
585          (b) collections that are not otherwise designated by law;
586          (c) collections that are not externally restricted; and
587          (d) collections that are not included in an approved work program.
588          (7) (a) "Item of appropriation" means an authorization of expenditure contained in
589     legislation that appropriates funds and includes the following:

590          (i) the name of the agency and line item to which authorization is granted; and
591          (ii) sources of finance from which authorization is granted and associated amounts
592     authorized.
593          (b) "Item of appropriation" also includes:
594          (i) a schedule of programs;
595          (ii) intent language;
596          (iii) approved full-time equivalent employment;
597          (iv) authorized capital outlay; and
598          (v) other conditions of appropriation.
599          (8) "Line item" means a unit of accounting, typically representing an administrative
600     unit of state government within an agency, that contains one or more programs.
601          [(6)] (9) "Major revenue types" means:
602          (a) free revenue;
603          (b) restricted revenue; and
604          (c) dedicated credits[; and].
605          [(d) fixed collections.]
606          (10) "Program" means a unit of accounting included on a schedule of programs within
607     a line item used to track budget authorizations, collections, and expenditures on specific
608     purposes or functions.
609          [(7)] (11) "Restricted revenue" means collections that are:
610          (a) deposited, by law, into a separate fund, subfund, or account; and
611          (b) designated for a specific program or purpose.
612          (12) "Schedule of programs" means a list of programs and associated authorization
613     amounts within an item of appropriation.
614          Section 14. Section 63J-1-104 is amended to read:
615          63J-1-104. Revenue types -- Disposition of free revenue and restricted revenue.
616          (1) (a) The Division of Finance shall:
617          (i) account for revenues in accordance with generally accepted accounting principles;

618     and
619          (ii) use the major revenue types in internal accounting.
620          (b) Each agency shall:
621          (i) use the major revenue types to account for revenues;
622          (ii) deposit revenues and other public funds received by them by following the
623     procedures and requirements of Title 51, Chapter 7, State Money Management Act; and
624          (iii) expend revenues and public funds as required by this chapter.
625          (2) (a) Each agency shall deposit its free revenues into the appropriate fund.
626          (b) An agency may expend free revenues up to the amount specifically appropriated by
627     the Legislature.
628          (c) Any free revenue funds appropriated by the Legislature to an agency that remain
629     unexpended at the end of the fiscal year lapse to the source fund unless the Legislature provides
630     by law that those funds are nonlapsing.
631          (3) (a) Each agency shall deposit its restricted revenues into the applicable restricted
632     account or fund.
633          (b) Revenues in a restricted account or fund do not lapse to another account or fund
634     unless otherwise specifically provided for by law or legislative appropriation.
635          (c) The Legislature may appropriate restricted revenues from a restricted account or
636     fund for the specific purpose or program designated by law.
637          (d) If the fund equity of a restricted account or fund is insufficient to provide the
638     accounts appropriated from it by the Legislature, the Division of Finance may reduce the
639     appropriation to a level that ensures that the fund equity is not less than zero.
640          (e) Any restricted revenues appropriated by the Legislature to an agency that remain
641     unexpended at the end of the fiscal year lapse to the applicable restricted account or fund unless
642     the Legislature provides by law that those appropriations, or the program or line item financed
643     by those appropriations, are nonlapsing.
644          [(4) (a) An agency may expend dedicated credits for any purpose within the program or
645     line item.]

646          [(b) (i) Except as provided in Subsection (4)(b)(ii), an agency may not expend
647     dedicated credits in excess of the amount appropriated as dedicated credits by the Legislature.]
648          [(ii) In order to expend dedicated credits in excess of the amount appropriated as
649     dedicated credits by the Legislature, the following procedure shall be followed:]
650          [(A) The agency seeking to make the excess expenditure shall:]
651          [(I) develop a new work program that:]
652          [(Aa) consists of the currently approved work program and the excess expenditure
653     sought to be made; and]
654          [(Bb) complies with the requirements of Section 63J-2-202;]
655          [(II) prepare a written justification for the new work program that sets forth the purpose
656     and necessity of the excess expenditure; and]
657          [(III) submit the new work program and the written justification for the new work
658     program to the Division of Finance.]
659          [(B) The Division of Finance shall process the new work program with written
660     justification and make this information available to the Governor's Office of Management and
661     Budget and the legislative fiscal analyst.]
662          [(iii) An expenditure of dedicated credits in excess of amounts appropriated as
663     dedicated credits by the Legislature may not be used to permanently increase personnel within
664     the agency unless:]
665          [(A) the increase is approved by the Legislature; or]
666          [(B) the money is deposited as a dedicated credit in a line item covering tuition or
667     federal vocational funds at an institution of higher education.]
668          [(c) (i) All excess dedicated credits lapse to the appropriate fund at the end of the fiscal
669     year unless the Legislature has designated the entire program or line item that is partially or
670     fully funded from dedicated credits as nonlapsing.]
671          [(ii) The Division of Finance shall determine the appropriate fund into which the
672     dedicated credits lapse.]
673          [(5) (a) The Legislature may establish by law the maximum amount of fixed collections

674     that an agency may expend.]
675          [(b) If an agency receives less than the maximum amount of expendable fixed
676     collections established by law, the agency's authority to expend is limited to the amount of
677     fixed collections that it receives.]
678          [(c) If an agency receives fixed collections greater than the maximum amount of
679     expendable fixed collections established by law, those excess amounts lapse to the General
680     Fund, the Education Fund, the Transportation Fund, or the Transportation Investment Fund of
681     2005 as designated by the director of the Division of Finance at the end of the fiscal year.]
682          [(6)] (4) Unless otherwise specifically provided by law, when an agency has a program
683     or line item that is funded by [more than one major revenue type: (a) the agency shall expend
684     its dedicated credits and fixed collections first; and (b) if the program or line item includes]
685     both free revenue and restricted revenue, an agency shall expend those revenues based upon a
686     proration of the amounts appropriated from each of those major revenue types.
687          Section 15. Section 63J-1-105 is enacted to read:
688          63J-1-105. Revenue types -- Disposition of dedicated credits.
689          (1) An agency may expend dedicated credits for any purpose within the program or line
690     item.
691          (2) Except as provided in Subsections (3) and (4), an agency may not expend dedicated
692     credits in excess of the amount appropriated to a line item as dedicated credits by the
693     Legislature.
694          (3) Each agency that receives dedicated credits revenue greater than the amount
695     appropriated to a line item by the Legislature in the annual appropriations acts may expend the
696     excess up to 25% of the amount appropriated if the expenditure is included in a revised budget
697     execution plan approved as provided in Section 63J-1-209.
698          (4) Notwithstanding the requirements of Subsection (3), when an agency's dedicated
699     credits revenue represents over 90% of the budget of the line item for which the dedicated
700     credits are collected, the agency may expend 100% of the excess of the amount appropriated if
701     the expenditure is authorized by an amended budget execution plan approved as provided in

702     Subsection (3) and Section 63J-1-209.
703          (5) An expenditure of dedicated credits in excess of amounts appropriated to a line
704     item as dedicated credits by the Legislature may not be used to permanently increase personnel
705     within the agency unless:
706          (a) the increase is approved by the Legislature; or
707          (b) the money is deposited as a dedicated credit in a line item covering tuition or
708     federal vocational funds at an institution of higher education.
709          (6) (a) All excess dedicated credits not received or expended in compliance with
710     Subsection (3), (4), or (7) lapse to the General Fund or other appropriate fund as free or
711     restricted revenue at the end of the fiscal year.
712          (b) The Division of Finance shall determine the appropriate fund into which the
713     dedicated credits lapse.
714          (7) (a) When an agency has a line item that is funded by more than one major revenue
715     type, one of which is dedicated credits, the agency shall completely expend authorized
716     dedicated credits within the current fiscal year and allocate unused spending authorization
717     among other funding sources based upon a proration of the amounts appropriated from each of
718     those major revenue types not attributable to dedicated credits, unless the Legislature has
719     designated a portion of the dedicated credits as nonlapsing, in which case the agency shall
720     completely expend within the current fiscal year authorized dedicated credits minus the portion
721     of dedicated credits designated as nonlapsing, and allocate unused spending authorization
722     among the other funding sources based upon a proration of the amounts appropriated from each
723     of those major revenue types not attributable to dedicated credits.
724          (b) Nothing in Subsection (7)(a) shall be construed to allow an agency to receive and
725     expend dedicated credits in excess of legislative appropriations to a line item without
726     complying with Subsection (3) or (4).
727          (c) Each agency that receives dedicated credits shall report, to the Division of Finance,
728     any balances remaining in those funds at the conclusion of each fiscal year.
729          (8) Each agency shall include in its annual budget request estimates of dedicated

730     credits revenue that is identified by, collected for, or set by the agency.
731          Section 16. Section 63J-1-206 is amended to read:
732          63J-1-206. Appropriations governed by chapter -- Restrictions on expenditures --
733     Transfer of funds -- Exclusion.
734          [(1) As used in this section, "work program" means a budget that contains revenues
735     and expenditures for specific purposes or functions within an item of appropriation.]
736          [(2)] (1) (a) Except as provided in Subsection (2)(b), (3)(e), or where expressly
737     exempted in the appropriating act:
738          (i) all money appropriated by the Legislature is appropriated upon the terms and
739     conditions set forth in this chapter; and
740          (ii) any department, agency, or institution that accepts money appropriated by the
741     Legislature does so subject to the requirements of this chapter.
742          (b) This section does not apply to:
743          (i) the Legislature and its committees; and
744          (ii) the Investigation Account of the Water Resources Construction Fund, which is
745     governed by Section 73-10-8.
746          [(3)] (2) (a) Each item of appropriation [item] is to be expended subject to any
747     schedule of programs and any restriction attached to the item of appropriation [item], as
748     designated by the Legislature.
749          (b) Each schedule of programs or restriction attached to an appropriation item:
750          (i) is a restriction or limitation upon the expenditure of the respective appropriation
751     made;
752          (ii) does not itself appropriate any money; and
753          (iii) is not itself an item of appropriation.
754          (c) (i) Except as provided in Subsection [(3)] (2)(c)(ii) and Subsection (2)(c)(iii), an
755     appropriation or any surplus of any appropriation may not be diverted from any department,
756     agency, institution, [or] division, or line item to any other department, agency, institution, [or]
757     division, or line item.

758          (ii) Until July 1, 2019, the Department of Workforce Services may transfer or divert
759     money to another department, agency, institution, [or] division, or line item only for the
760     purposes of law enforcement, adjudication, corrections, and providing and addressing services
761     for homeless individuals and families.
762          (iii) The state superintendent may transfer money appropriated for the Minimum
763     School Program between line items in accordance with Section 53F-2-205.
764          (d) The money appropriated subject to a schedule [or] of programs or restriction may
765     be used only for the purposes authorized.
766          (e) In order for a department, agency, or institution to transfer money appropriated to it
767     from one program to another program within [an item of appropriation, the following
768     procedure shall be followed:] a line item, the department, agency, or institution shall revise its
769     budget execution plan as provided in Section 63J-1-209.
770          [(i) The department, agency, or institution seeking to make the transfer shall prepare:]
771          [(A) a new work program for the fiscal year involved that consists of the currently
772     approved work program and the transfer sought to be made; and]
773          [(B) a written justification for the new work program that sets forth the purpose and
774     necessity for the transfer.]
775          [(ii) The Division of Finance shall process the new work program with written
776     justification and make this information available to the Governor's Office of Management and
777     Budget and the legislative fiscal analyst.]
778          [(f) (i) Except as provided in Subsection (3)(f)(ii), money may not be transferred from
779     one item of appropriation to any other item of appropriation.]
780          [(ii) The state superintendent may transfer money appropriated for the Minimum
781     School Program between line items of appropriation in accordance with Section 53A-17a-105.]
782          [(g)] (f) (i) The procedures for transferring money between programs within [an item of
783     appropriation] a line item as provided by Subsection [(3)] (2)(e) do not apply to money
784     appropriated to the State Board of Education for the Minimum School Program or capital
785     outlay programs created in Title 53A, Chapter 21, Public Education Capital Outlay Act.

786          (ii) The state superintendent may transfer money appropriated for the programs
787     specified in Subsection [(3)(g)(i)] (2)(f)(i) only as provided by Section 53A-17a-105.
788          Section 17. Section 63J-1-209 is amended to read:
789          63J-1-209. Director of finance to exercise accounting control -- Budget execution
790     plans -- Allotments and expenditures.
791          (1) The director of finance shall exercise accounting control over all state departments,
792     institutions, and agencies other than the Legislature and legislative committees.
793          (2) (a) The director shall require the head of each department to submit, by May 15 of
794     each year, a [work program] budget execution plan for the next fiscal year.
795          (b) The director may require any department to submit a [work program] budget
796     execution plan for any other period.
797          (3) The [work program] budget execution plan shall include appropriations and all
798     other funds from any source made available to the department for its operation and
799     maintenance for the period and program authorized by [the appropriation act] legislation that
800     appropriates funds.
801          [(4) Subject to the requirements of Subsection 63J-1-206(3)(e), the Division of Finance
802     shall, upon request from the governor, revise, alter, decrease, or change work programs.]
803          (4) (a) In order to revise a budget execution plan, the department, agency, or institution
804     seeking to revise the budget execution plan shall:
805          (i) develop a new budget execution plan that consists of the currently approved budget
806     execution plan and the revision sought to be made;
807          (ii) prepare a written justification for the new budget execution plan that sets forth the
808     purpose and necessity of the revision; and
809          (iii) submit the new budget execution plan and the written justification for the new
810     budget execution plan to the Division of Finance.
811          (b) The Division of Finance shall process the new budget execution plan with written
812     justification and make this information available to the Governor's Office of Management and
813     Budget and the legislative fiscal analyst.

814          (5) Upon request from the Governor's Office of Management and Budget, the Division
815     of Finance shall revise budget execution plans.
816          [(5)] (6) Notwithstanding the requirements of Title 63J, Chapter 2, Revenue
817     Procedures and Control Act, the aggregate of the [work program changes] budget execution
818     plan revisions may not exceed the total appropriations or other funds from any source that are
819     available to the [department] agency line item for the fiscal year in question.
820          [(6) The Division of Finance shall transmit a copy of the changes, when approved by
821     the governor, to:]
822          [(a) the head of the department concerned; and]
823          [(b) the legislative analyst.]
824          (7) Upon [request, review, and approval by the governor] transmittal of the new budget
825     execution plan to the entities in Subsection (4), the Division of Finance shall permit all
826     expenditures to be made from the appropriations or other funds from any source on the basis of
827     those [work programs] budget execution plans.
828          (8) The Division of Finance shall, through statistical sampling methods or other means,
829     audit all claims against the state for which an appropriation has been made.
830          Section 18. Section 63J-1-217 is amended to read:
831          63J-1-217. Overexpenditure of budget by agency -- Prorating budget income
832     shortfall.
833          (1) Expenditures of departments, agencies, and institutions of state government shall be
834     kept within revenues available for such expenditures.
835          (2) (a) Line items of appropriation shall not be overexpended.
836          (b) Notwithstanding Subsection (2)(a), if an agency's line item is overexpended at the
837     close of a fiscal year:
838          (i) the director of the Division of Finance may make payments from the line item to
839     vendors for goods or services that were received on or before June 30; and
840          (ii) the director of the Division of Finance shall immediately reduce the agency's line
841     item budget in the current year by the amount of the overexpenditure.

842          (c) Each agency with an overexpended line item shall:
843          (i) prepare a written report explaining the reasons for the overexpenditure; and
844          (ii) present the report to:
845          (A) the Board of Examiners as required by Section 63G-9-301; and
846          (B) the Office of the Legislative Fiscal Analyst.
847          (3) (a) As used in this Subsection (3):
848          (i) "Education Fund budget deficit" has the same meaning as in Section 63J-1-312; and
849          (ii) "General Fund budget deficit" has the same meaning as in Section 63J-1-312.
850          (b) If an Education Fund budget deficit or a General Fund budget deficit exists and the
851     adopted estimated revenues were prepared in consensus with the Governor's Office of
852     Management and Budget, the governor shall:
853          (i) direct state agencies to reduce commitments and expenditures by an amount
854     proportionate to the amount of the deficiency; and
855          (ii) direct the Division of Finance to reduce allotments to institutions of higher
856     education by an amount proportionate to the amount of the deficiency.
857          (c) The governor's directions under Subsection (3)(b) are rescinded when the
858     Legislature rectifies the Education Fund budget deficit and the General Fund budget deficit.
859          (4) (a) A department may not receive an advance of funds that cannot be covered by
860     anticipated revenue within the [work program] budget execution plan of the fiscal year, unless
861     the governor allocates money from the governor's emergency appropriations.
862          (b) All allocations made from the governor's emergency appropriations shall be
863     reported to the budget subcommittee of the Legislative Management Committee by notifying
864     the Office of the Legislative Fiscal Analyst at least 15 days before the effective date of the
865     allocation.
866          (c) Emergency appropriations shall be allocated only to support activities having
867     existing legislative approval and appropriation, and may not be allocated to any activity or
868     function rejected directly or indirectly by the Legislature.
869          Section 19. Section 63J-1-601 is amended to read:

870          63J-1-601. End of fiscal year -- Unexpended balances -- Funds not to be closed
871     out -- Pending claims -- Transfer of amounts from item of appropriation -- Nonlapsing
872     accounts and funds -- Institutions of higher education to report unexpended balances.
873          (1) As used in this section, "transaction control number" means the unique numerical
874     identifier established by the Department of Health to track each medical claim and indicates the
875     date on which the claim is entered.
876          (2) On or before August 31 of each fiscal year, the director of the Division of Finance
877     shall close out to the proper fund or account all remaining unexpended and unencumbered
878     balances of appropriations made by the Legislature, except:
879          (a) those funds classified under Title 51, Chapter 5, Funds Consolidation Act, as:
880          (i) enterprise funds;
881          (ii) internal service funds;
882          (iii) trust and agency funds;
883          (iv) capital projects funds;
884          (v) discrete component unit funds;
885          (vi) debt service funds; and
886          (vii) permanent funds;
887          (b) those [revenue collections,] appropriations from a fund or account[,] or
888     appropriations to a program that are designated as nonlapsing under [Sections] Section
889     63J-1-602.1 [through 63J-1-602.5] or 63J-1-602.2;
890          (c) expendable special revenue funds, unless specifically directed to close out the fund
891     in the fund's enabling legislation;
892          (d) acquisition and development funds appropriated to the Division of Parks and
893     Recreation;
894          (e) funds encumbered to pay purchase orders issued prior to May 1 for capital
895     equipment if delivery is expected before June 30; and
896          (f) unexpended and unencumbered balances of appropriations that meet the
897     requirements of Section 63J-1-603.

898          (3) (a) Liabilities and related expenses for goods and services received on or before
899     June 30 shall be recognized as expenses due and payable from appropriations made prior to
900     June 30.
901          (b) The liability and related expense shall be recognized within time periods
902     established by the Division of Finance but shall be recognized not later than August 31.
903          (c) Liabilities and expenses not so recognized may be paid from regular departmental
904     appropriations for the subsequent fiscal year, if these claims do not exceed unexpended and
905     unencumbered balances of appropriations for the years in which the obligation was incurred.
906          (d) No amounts may be transferred from an item of appropriation of any department,
907     institution, or agency into the Capital Projects Fund or any other fund without the prior express
908     approval of the Legislature.
909          (4) (a) For purposes of this chapter, a claim processed under the authority of Title 26,
910     Chapter 18, Medical Assistance Act:
911          (i) is not a liability or an expense to the state for budgetary purposes, unless the
912     Division of Health Care Financing receives the claim within the time periods established by the
913     Division of Finance under Subsection (3)(b); and
914          (ii) is not subject to Subsection (3)(c).
915          (b) The transaction control number that the Division of Health Care Financing records
916     on each claim invoice is the date of receipt.
917          (5) (a) For purposes of this chapter, a claim processed in accordance with Title 35A,
918     Chapter 13, Utah State Office of Rehabilitation Act:
919          (i) is not a liability or an expense to the state for budgetary purposes, unless the Utah
920     State Office of Rehabilitation receives the claim within the time periods established by the
921     Division of Finance under Subsection (3)(b); and
922          (ii) is not subject to Subsection (3)(c).
923          (b) (i) The Utah State Office of Rehabilitation shall mark each claim invoice with the
924     date on which the Utah State Office of Rehabilitation receives the claim invoice.
925          (ii) The date described in Subsection (5)(b)(i) is the date of receipt for purposes of this

926     section.
927          (6) Any balance from an appropriation to a state institution of higher education that
928     remains unexpended at the end of the fiscal year shall be reported to the Division of Finance by
929     the September 1 following the close of the fiscal year.
930          Section 20. Section 63J-1-602 is amended to read:
931          63J-1-602. Nonlapsing appropriations.
932          (1) The [revenue collections,] appropriations from a fund or account[,] and
933     appropriations to a program that are listed in [Sections] Section 63J-1-602.1 [through
934     63J-1-602.5] or 63J-1-602.2 are nonlapsing.
935          (2) No [revenue collection,] appropriation from a fund or account[,] or appropriation to
936     a program may be treated as nonlapsing unless:
937          (a) it is listed in [Sections] Section 63J-1-602.1 [through 63J-1-602.5] or 63J-1-602.2;
938          (b) it is designated in a condition of appropriation in the appropriations bill; or
939          (c) nonlapsing authority is granted under Section 63J-1-603.
940          (3) Each legislative appropriations subcommittee shall review the accounts and funds
941     that have been granted nonlapsing authority under the provisions of this section or Section
942     63J-1-603.
943          Section 21. Section 63J-1-602.1 (Superseded 09/30/18) is repealed and reenacted to
944     read:
945          63J-1-602.1 (Superseded 09/30/18). List of nonlapsing appropriations from
946     accounts and funds.
947          Appropriations made from the following accounts or funds are nonlapsing:
948          (1) The Utah Intracurricular Student Organization Support for Agricultural Education
949     and Leadership Restricted Account created in Section 4-42-102.
950          (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
951          (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
952     Section 9-18-102.
953          (4) The National Professional Men's Soccer Team Support of Building Communities

954     Restricted Account created in Section 9-19-102.
955          (5) Funds collected for directing and administering the C-PACE district created in
956     Section 11-42a-302.
957          (6) Award money under the State Asset Forfeiture Grant Program, as provided under
958     Section 24-4-117.
959          (7) Funds collected from the program fund for local health department expenses
960     incurred in responding to a local health emergency under Section 26-1-38.
961          (8) Funds collected from the emergency medical services grant program, as provided in
962     Section 26-8a-207.
963          (9) The Prostate Cancer Support Restricted Account created in Section 26-21a-303.
964          (10) The Children with Cancer Support Restricted Account created in Section
965     26-21a-304.
966          (11) State funds for matching federal funds in the Children's Health Insurance Program
967     as provided in Section 26-40-108.
968          (12) The Children with Heart Disease Support Restricted Account created in Section
969     26-58-102.
970          (13) The Technology Development Restricted Account created in Section 31A-3-104.
971          (14) The Criminal Background Check Restricted Account created in Section
972     31A-3-105.
973          (15) The Captive Insurance Restricted Account created in Section 31A-3-304, except
974     to the extent that Section 31A-3-304 makes the money received under that section free revenue.
975          (16) The Title Licensee Enforcement Restricted Account created in Section
976     31A-23a-415.
977          (17) The Health Insurance Actuarial Review Restricted Account created in Section
978     31A-30-115.
979          (18) The Insurance Fraud Investigation Restricted Account created in Section
980     31A-31-108.
981          (19) The Underage Drinking Prevention Media and Education Campaign Restricted

982     Account created in Section 32B-2-306.
983          (20) The Youth Development Organization Restricted Account created in Section
984     35A-8-1903.
985          (21) The Youth Character Organization Restricted Account created in Section
986     35A-8-2003.
987          (22) Money received by the Utah State Office of Rehabilitation for the sale of certain
988     products or services, as provided in Section 35A-13-202.
989          (23) The Oil and Gas Conservation Account created in Section 40-6-14.5.
990          (24) The Electronic Payment Fee Restricted Account created by Section 41-1a-121 to
991     the Motor Vehicle Division.
992          (25) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
993     created by Section 41-3-110 to the State Tax Commission.
994          (26) The Utah Law Enforcement Memorial Support Restricted Account created in
995     Section 53-1-120.
996          (27) The State Disaster Recovery Restricted Account to the Division of Emergency
997     Management, as provided in Section 53-2a-603.
998          (28) The Department of Public Safety Restricted Account to the Department of Public
999     Safety, as provided in Section 53-3-106.
1000          (29) The Utah Highway Patrol Aero Bureau Restricted Account created in Section
1001     53-8-303.
1002          (30) The DNA Specimen Restricted Account created in Section 53-10-407.
1003          (31) The Canine Body Armor Restricted Account created in Section 53-16-201.
1004          (32) A certain portion of money collected for administrative costs under the School
1005     Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
1006          (33) The School Readiness Restricted Account created in Section 53F-9-402.
1007          (34) The Public Utility Regulatory Restricted Account created in Section 54-5-1.5,
1008     subject to Subsection 54-5-1.5(4)(d).
1009          (35) Certain fines collected by the Division of Occupational and Professional Licensing

1010     for violation of unlawful or unprofessional conduct that are used for education and enforcement
1011     purposes, as provided in Section 58-17b-505.
1012          (36) Certain fines collected by the Division of Occupational and Professional Licensing
1013     for use in education and enforcement of the Security Personnel Licensing Act, as provided in
1014     Section 58-63-103.
1015          (37) The Relative Value Study Restricted Account created in Section 59-9-105.
1016          (38) The Cigarette Tax Restricted Account created in Section 59-14-204.
1017          (39) Funds paid to the Division of Real Estate for the cost of a criminal background
1018     check for a mortgage loan license, as provided in Section 61-2c-202.
1019          (40) Funds paid to the Division of Real Estate for the cost of a criminal background
1020     check for principal broker, associate broker, and sales agent licenses, as provided in Section
1021     61-2f-204.
1022          (41) Certain funds donated to the Department of Human Services, as provided in
1023     Section 62A-1-111.
1024          (42) The National Professional Men's Basketball Team Support of Women and
1025     Children Issues Restricted Account created in Section 62A-1-202.
1026          (43) Certain funds donated to the Division of Child and Family Services, as provided
1027     in Section 62A-4a-110.
1028          (44) The Choose Life Adoption Support Restricted Account created in Section
1029     62A-4a-608.
1030          (45) Funds collected by the Office of Administrative Rules for publishing, as provided
1031     in Section 63G-3-402.
1032          (46) The Immigration Act Restricted Account created in Section 63G-12-103.
1033          (47) Money received by the military installation development authority, as provided in
1034     Section 63H-1-504.
1035          (48) The Computer Aided Dispatch Restricted Account created in Section 63H-7a-303.
1036          (49) The Unified Statewide 911 Emergency Service Account created in Section
1037     63H-7a-304.

1038          (50) The Utah Statewide Radio System Restricted Account created in Section
1039     63H-7a-403.
1040          (51) The Employability to Careers Program Restricted Account created in Section
1041     63J-4-703.
1042          (52) The Motion Picture Incentive Account created in Section 63N-8-103.
1043          (53) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission,
1044     as provided under Section 63N-10-301.
1045          (54) Funds collected by the housing of state probationary inmates or state parole
1046     inmates, as provided in Subsection 64-13e-104(2).
1047          (55) Certain forestry and fire control funds utilized by the Division of Forestry, Fire,
1048     and State Lands, as provided in Section 65A-8-103.
1049          (56) Certain funds received by the Office of the State Engineer for well drilling fines or
1050     bonds, as provided in Section 73-3-25.
1051          (57) The Water Resources Conservation and Development Fund, as provided in
1052     Section 73-23-2.
1053          (58) Funds donated or paid to a juvenile court by private sources, as provided in
1054     Subsection 78A-6-203(1)(c).
1055          (59) Fees for certificate of admission created under Section 78A-9-102.
1056          (60) Funds collected for adoption document access as provided in Sections 78B-6-141,
1057     78B-6-144, and 78B-6-144.5.
1058          (61) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
1059     Park, Jordan River State Park, and Green River State Park, as provided under Section
1060     79-4-403.
1061          (62) Certain funds received by the Division of Parks and Recreation from the sale or
1062     disposal of buffalo, as provided under Section 79-4-1001.
1063          (63) Funds collected for indigent defense as provided in Title 77, Chapter 32, Part 8,
1064     Utah Indigent Defense Commission.
1065          Section 22. Section 63J-1-602.1 (Effective 09/30/18) is repealed and reenacted to read:

1066          63J-1-602.1 (Effective 09/30/18). List of nonlapsing appropriations from accounts
1067     and funds.
1068          Appropriations made from the following accounts or funds are nonlapsing:
1069          (1) The Utah Intracurricular Student Organization Support for Agricultural Education
1070     and Leadership Restricted Account created in Section 4-42-102.
1071          (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
1072          (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
1073     Section 9-18-102.
1074          (4) The National Professional Men's Soccer Team Support of Building Communities
1075     Restricted Account created in Section 9-19-102.
1076          (5) Funds collected for directing and administering the C-PACE district created in
1077     Section 11-42a-302.
1078          (6) Award money under the State Asset Forfeiture Grant Program, as provided under
1079     Section 24-4-117.
1080          (7) Funds collected from the program fund for local health department expenses
1081     incurred in responding to a local health emergency under Section 26-1-38.
1082          (8) Funds collected from the emergency medical services grant program, as provided in
1083     Section 26-8a-207.
1084          (9) The Prostate Cancer Support Restricted Account created in Section 26-21a-303.
1085          (10) The Children with Cancer Support Restricted Account created in Section
1086     26-21a-304.
1087          (11) State funds for matching federal funds in the Children's Health Insurance Program
1088     as provided in Section 26-40-108.
1089          (12) The Children with Heart Disease Support Restricted Account created in Section
1090     26-58-102.
1091          (13) The Technology Development Restricted Account created in Section 31A-3-104.
1092          (14) The Criminal Background Check Restricted Account created in Section
1093     31A-3-105.

1094          (15) The Captive Insurance Restricted Account created in Section 31A-3-304, except
1095     to the extent that Section 31A-3-304 makes the money received under that section free revenue.
1096          (16) The Title Licensee Enforcement Restricted Account created in Section
1097     31A-23a-415.
1098          (17) The Health Insurance Actuarial Review Restricted Account created in Section
1099     31A-30-115.
1100          (18) The Insurance Fraud Investigation Restricted Account created in Section
1101     31A-31-108.
1102          (19) The Underage Drinking Prevention Media and Education Campaign Restricted
1103     Account created in Section 32B-2-306.
1104          (20) The Youth Development Organization Restricted Account created in Section
1105     35A-8-1903.
1106          (21) The Youth Character Organization Restricted Account created in Section
1107     35A-8-2003.
1108          (22) Money received by the Utah State Office of Rehabilitation for the sale of certain
1109     products or services, as provided in Section 35A-13-202.
1110          (23) The Oil and Gas Conservation Account created in Section 40-6-14.5.
1111          (24) The Electronic Payment Fee Restricted Account created by Section 41-1a-121 to
1112     the Motor Vehicle Division.
1113          (25) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
1114     created by Section 41-3-110 to the State Tax Commission.
1115          (26) The Utah Law Enforcement Memorial Support Restricted Account created in
1116     Section 53-1-120.
1117          (27) The State Disaster Recovery Restricted Account to the Division of Emergency
1118     Management, as provided in Section 53-2a-603.
1119          (28) The Department of Public Safety Restricted Account to the Department of Public
1120     Safety, as provided in Section 53-3-106.
1121          (29) The Utah Highway Patrol Aero Bureau Restricted Account created in Section

1122     53-8-303.
1123          (30) The DNA Specimen Restricted Account created in Section 53-10-407.
1124          (31) The Canine Body Armor Restricted Account created in Section 53-16-201.
1125          (32) A certain portion of money collected for administrative costs under the School
1126     Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
1127          (33) The School Readiness Restricted Account created in Section 53F-9-402.
1128          (34) The Public Utility Regulatory Restricted Account created in Section 54-5-1.5,
1129     subject to Subsection 54-5-1.5(4)(d).
1130          (35) Certain fines collected by the Division of Occupational and Professional Licensing
1131     for violation of unlawful or unprofessional conduct that are used for education and enforcement
1132     purposes, as provided in Section 58-17b-505.
1133          (36) Certain fines collected by the Division of Occupational and Professional Licensing
1134     for use in education and enforcement of the Security Personnel Licensing Act, as provided in
1135     Section 58-63-103.
1136          (37) The Relative Value Study Restricted Account created in Section 59-9-105.
1137          (38) The Cigarette Tax Restricted Account created in Section 59-14-204.
1138          (39) Funds paid to the Division of Real Estate for the cost of a criminal background
1139     check for a mortgage loan license, as provided in Section 61-2c-202.
1140          (40) Funds paid to the Division of Real Estate for the cost of a criminal background
1141     check for principal broker, associate broker, and sales agent licenses, as provided in Section
1142     61-2f-204.
1143          (41) Certain funds donated to the Department of Human Services, as provided in
1144     Section 62A-1-111.
1145          (42) The National Professional Men's Basketball Team Support of Women and
1146     Children Issues Restricted Account created in Section 62A-1-202.
1147          (43) Certain funds donated to the Division of Child and Family Services, as provided
1148     in Section 62A-4a-110.
1149          (44) The Choose Life Adoption Support Restricted Account created in Section

1150     62A-4a-608.
1151          (45) Funds collected by the Office of Administrative Rules for publishing, as provided
1152     in Section 63G-3-402.
1153          (46) The Immigration Act Restricted Account created in Section 63G-12-103.
1154          (47) Money received by the military installation development authority, as provided in
1155     Section 63H-1-504.
1156          (48) The Computer Aided Dispatch Restricted Account created in Section 63H-7a-303.
1157          (49) The Unified Statewide 911 Emergency Service Account created in Section
1158     63H-7a-304.
1159          (50) The Utah Statewide Radio System Restricted Account created in Section
1160     63H-7a-403.
1161          (51) The Employability to Careers Program Restricted Account created in Section
1162     63J-4-703.
1163          (52) The Motion Picture Incentive Account created in Section 63N-8-103.
1164          (53) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission,
1165     as provided under Section 63N-10-301.
1166          (54) Funds collected by the housing of state probationary inmates or state parole
1167     inmates, as provided in Subsection 64-13e-104(2).
1168          (55) Certain forestry and fire control funds utilized by the Division of Forestry, Fire,
1169     and State Lands, as provided in Section 65A-8-103.
1170          (56) Certain funds received by the Office of the State Engineer for well drilling fines or
1171     bonds, as provided in Section 73-3-25.
1172          (57) The Water Resources Conservation and Development Fund, as provided in
1173     Section 73-23-2.
1174          (58) Funds donated or paid to a juvenile court by private sources, as provided in
1175     Subsection 78A-6-203(1)(c).
1176          (59) Fees for certificate of admission created under Section 78A-9-102.
1177          (60) Funds collected for adoption document access as provided in Sections 78B-6-141,

1178     78B-6-144, and 78B-6-144.5.
1179          (61) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
1180     Park, Jordan River State Park, and Green River State Park, as provided under Section
1181     79-4-403.
1182          (62) Certain funds received by the Division of Parks and Recreation from the sale or
1183     disposal of buffalo, as provided under Section 79-4-1001.
1184          (63) Funds collected for indigent defense as provided in Title 77, Chapter 32, Part 8,
1185     Utah Indigent Defense Commission.
1186          Section 23. Section 63J-1-602.2 is repealed and reenacted to read:
1187          63J-1-602.2. List of nonlapsing appropriations to programs.
1188          Appropriations made to the following programs are nonlapsing:
1189          (1) The Legislature and its committees.
1190          (2) The Percent-for-Art Program created in Section 9-6-404.
1191          (3) The LeRay McAllister Critical Land Conservation Program created in Section
1192     11-38-301.
1193          (4) The Division of Wildlife Resources for the appraisal and purchase of lands under
1194     the Pelican Management Act, as provided in Section 23-21a-6.
1195          (5) The primary care grant program created in Section 26-10b-102.
1196          (6) The Utah Health Care Workforce Financial Assistance Program created in Section
1197     26-46-102.
1198          (7) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
1199          (8) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
1200          (9) The General Assistance program administered by the Department of Workforce
1201     Services, as provided in Section 35A-3-401.
1202          (10) A new program or agency that is designated as nonlapsing under Section
1203     36-24-101.
1204          (11) The Utah National Guard, created in Title 39, Militia and Armories.
1205          (12) The State Tax Commission under Section 41-1a-1201 for the:

1206          (a) purchase and distribution of license plates and decals; and
1207          (b) administration and enforcement of motor vehicle registration requirements.
1208          (13) The Search and Rescue Financial Assistance Program, as provided in Section
1209     53-2a-1102.
1210          (14) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
1211          (15) The State Board of Education, as provided in Section 53F-2-205.
1212          (16) The State Board of Regents for teacher preparation programs, as provided in
1213     Section 53B-6-104.
1214          (17) The Medical Education Program administered by the Medical Education Council,
1215     as provided in Section 53B-24-202.
1216          (18) The Division of Services for People with Disabilities, as provided in Section
1217     62A-5-102.
1218          (19) The Division of Fleet Operations for the purpose of upgrading underground
1219     storage tanks under Section 63A-9-401.
1220          (20) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
1221          (21) The Office of Administrative Rules for publishing, as provided in Section
1222     63G-3-402.
1223          (22) The Utah Science Technology and Research Initiative created in Section
1224     63M-2-301.
1225          (23) The Governor's Office of Economic Development to fund the Enterprise Zone
1226     Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
1227          (24) The Department of Human Resource Management user training program, as
1228     provided in Section 67-19-6.
1229          (25) The University of Utah Poison Control Center program, as provided in Section
1230     69-2-5.5.
1231          (26) A public safety answering point's emergency telecommunications service fund, as
1232     provided in Section 69-2-301.
1233          (27) The Traffic Noise Abatement Program created in Section 72-6-112.

1234          (28) The Judicial Council for compensation for special prosecutors, as provided in
1235     Section 77-10a-19.
1236          (29) A state rehabilitative employment program, as provided in Section 78A-6-210.
1237          (30) The Utah Geological Survey, as provided in Section 79-3-401.
1238          (31) The Bonneville Shoreline Trail Program created under Section 79-5-503.
1239          (32) Adoption document access as provided in Sections 78B-6-141, 78B-6-144, and
1240     78B-6-144.5.
1241          (33) Indigent defense as provided in Title 77, Chapter 32, Part 8, Utah Indigent
1242     Defense Commission.
1243          Section 24. Section 63J-2-102 is amended to read:
1244          63J-2-102. Definitions.
1245          As used in this chapter:
1246          (1) (a) "Agency" means each department, commission, board, council, agency,
1247     institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
1248     unit, bureau, panel, or other administrative unit of the state.
1249          (b) "Agency" does not include the legislative branch, the board of regents, the Utah
1250     Higher Education Assistance Authority, the board of trustees of each higher education
1251     institution, each higher education institution and its associated branches, centers, divisions,
1252     institutes, foundations, hospitals, colleges, schools, or departments, a public education entity,
1253     or an independent agency.
1254          (2) [(a)] "Dedicated credits [revenues]" means [revenues from collections by an agency
1255     that are deposited directly into an account for expenditure on a separate line item and program]
1256     the same as that term is defined in Section 63J-1-102.
1257          [(b) "Dedicated credits revenues" does not mean:]
1258          [(i) federal revenues and the related pass through or the related state match paid by one
1259     agency to another;]
1260          [(ii) revenues that are not deposited in governmental funds; or]
1261          [(iii) revenues from any contracts.]

1262          (3) "Fees" means revenue collected by an agency for performing a service or providing
1263     a function that the agency deposits or accounts for as dedicated credits [or fixed collections].
1264          [(4) (a) "Fixed collections revenues" means revenue from collections:]
1265          [(i) fixed by law or by the appropriation act at a specific amount; and]
1266          [(ii) required by law to be deposited into a separate line item and program.]
1267          [(b) "Fixed collections revenues" does not mean:]
1268          [(i) federal revenues and the related pass through or the related state match paid by one
1269     agency to another;]
1270          [(ii) revenues that are not deposited in governmental funds;]
1271          [(iii) revenues from any contracts; and]
1272          [(iv) revenues received by the Attorney General's Office from billings for professional
1273     services.]
1274          [(5)] (4) (a) "Governmental fund" means funds used to account for the acquisition, use,
1275     and balances of expendable financial resources and related liabilities using a measurement
1276     focus that emphasizes the flow of financial resources.
1277          (b) "Governmental fund" does not include internal service funds, enterprise funds,
1278     capital projects funds, debt service funds, or trust and agency funds as established in Section
1279     51-5-4.
1280          [(6)] (5) "Independent agency" means the Utah State Retirement Office and the Utah
1281     Housing Corporation.
1282          [(7)] (6) "Program" means the [function or service provided by an agency for which the
1283     agency collects fees] same as that term is defined in Section 63J-1-102.
1284          [(8)] (7) "Revenue types" means the categories established by the Division of Finance
1285     under the authority of this chapter that classify revenue according to the purpose for which it is
1286     collected.
1287          Section 25. Section 63J-2-201 is amended to read:
1288          63J-2-201. Accounting for fee revenues.
1289          (1) The Division of Finance shall:

1290          (a) establish revenue types;
1291          (b) develop a computerized master file of revenue types containing, for each revenue
1292     type:
1293          (i) the definition of each revenue type;
1294          (ii) if available, a historical record of the amount collected for the revenue type for
1295     each of the five years;
1296          (iii) the agency that collected the revenue;
1297          (iv) the program, organization, and fund into which the revenue was originally
1298     recorded each year;
1299          (v) a general description of the function where the largest portion of the revenue was
1300     spent each year;
1301          (vi) the specific legal authority that authorizes the agency to collect the revenue;
1302          (vii) the rates charged to the individuals or entities that pay the revenue;
1303          (viii) the general methodology used to determine the rate charged to individuals or
1304     entities that pay the revenue;
1305          (ix) for dedicated credits [revenues and fixed collections revenues], the revenue
1306     estimate used by the agency to prepare their budget;
1307          (x) the amount appropriated as dedicated credits [revenues and fixed collections
1308     revenues] in the annual appropriation act; and
1309          (xi) for revenues other than dedicated credits [revenues and fixed collections
1310     revenues], an estimate of the amount of revenue, if available or reasonably calculable; and
1311          (c) make the computerized file available to the Budget Office and the Office of
1312     Legislative Fiscal Analyst upon request.
1313          (2) Each agency shall provide the Division of Finance with the information required by
1314     this section.
1315          Section 26. Section 63J-2-202 is amended to read:
1316          63J-2-202. Disposition of revenues.
1317          [(1) (a) Each agency shall include in its annual budget request estimates of dedicated

1318     credits revenues and fixed collections revenues that are identified by, collected for, or set by the
1319     agency.]
1320          [(b)] (1) If the Legislature or the Division of Finance establishes a new revenue type by
1321     law, the agency shall include that new revenue type in its budget request for the next fiscal
1322     year.
1323          [(c) (i)] (2) (a) Except as provided in Subsection [(1)(c)(ii)] (2)(b), if any agency fails
1324     to include the estimates of a revenue type in its annual budget request, the Division of Finance
1325     shall deposit the money collected in that revenue type into the General Fund or other
1326     appropriate fund as free or restricted revenue.
1327          [(ii)] (b) The Division of Finance may not deposit the money collected from a revenue
1328     type not included in an agency's annual budget request into the General Fund or other
1329     appropriate fund if the agency did not include the estimates of the revenue type in its annual
1330     budget request because the Legislature had not yet established or authorized the new revenue
1331     type by law.
1332          [(2) (a) (i) (A) Except as provided in Subsection (2)(a)(i)(B) or (2)(b), each agency that
1333     receives dedicated credits and fixed collections revenues greater than the amount appropriated
1334     to them by the Legislature in the annual appropriations act may expend the excess up to 25% of
1335     the amount appropriated if the expenditure is authorized by an amended work program
1336     approved as provided in Section 63J-1-209.]
1337          [(B) Except for line items covering tuition and federal vocational funds at institutions
1338     of higher learning, any expenditure of dedicated credits in excess of amounts appropriated by
1339     the Legislature may not be used to permanently increase personnel within the agency unless
1340     approved by the Legislature.]
1341          [(ii) The Division of Finance shall deposit the balance of that excess into the General
1342     Fund or other appropriate fund as free or restricted revenue.]
1343          [(b) Notwithstanding the requirements of Subsection (2)(a), when an agency's
1344     dedicated credits and fixed collections revenues represent over 90% of the budget of the
1345     program for which they are collected, the agency may expend 100% of the excess of the

1346     amount appropriated if the expenditure is authorized by an amended work program approved as
1347     provided in Section 63J-1-209.]
1348          [(3) Each agency that receives dedicated credits or fixed collections shall report, to the
1349     Division of Finance, any balances remaining in those funds at the conclusion of each fiscal
1350     year.]
1351          Section 27. Section 63J-4-301 is amended to read:
1352          63J-4-301. Duties of the executive director and office.
1353          (1) The executive director and the office shall:
1354          (a) comply with the procedures and requirements of Title 63J, Chapter 1, Budgetary
1355     Procedures Act;
1356          (b) under the direct supervision of the governor, assist the governor in the preparation
1357     of the governor's budget recommendations;
1358          (c) [advise the governor with regard to approval or revision of agency work programs]
1359     review agency budget execution plans as specified in Section 63J-1-209;
1360          (d) establish benchmarking practices for measuring operational costs, quality of
1361     service, and effectiveness across all state agencies and programs;
1362          (e) assist agencies with the development of an operational plan that uses continuous
1363     improvement tools and operational metrics to increase statewide capacity and improve
1364     interagency integration;
1365          (f) review and assess agency budget requests and expenditures using a clear set of goals
1366     and measures;
1367          (g) develop and maintain enterprise portfolio and electronic information systems to
1368     select and oversee the execution of projects, ensure a return on investment, and trace and report
1369     performance metrics; and
1370          (h) perform other duties and responsibilities as assigned by the governor.
1371          (2) (a) The executive director of the Governor's Office of Management and Budget or
1372     the executive director's designee is the Federal Assistance Management Officer.
1373          (b) In acting as the Federal Assistance Management Officer, the executive director or

1374     designee shall:
1375          (i) study the administration and effect of federal assistance programs in the state and
1376     advise the governor and the Legislature, through the Office of Legislative Fiscal Analyst and
1377     the Executive Appropriations Committee, of alternative recommended methods and procedures
1378     for the administration of these programs;
1379          (ii) assist in the coordination of federal assistance programs that involve or are
1380     administered by more than one state agency; and
1381          (iii) analyze and advise on applications for new federal assistance programs submitted
1382     to the governor for approval as required by Chapter 5, Federal Funds Procedures Act.
1383          Section 28. Section 63N-8-103 is amended to read:
1384          63N-8-103. Motion Picture Incentive Account created -- Cash rebate incentives --
1385     Refundable tax credit incentives.
1386          (1) (a) There is created within the General Fund a restricted account known as the
1387     Motion Picture Incentive Account, which the office shall use to provide cash rebate incentives
1388     for state-approved productions by a motion picture company.
1389          (b) All interest generated from investment of money in the restricted account shall be
1390     deposited in the restricted account.
1391          (c) The restricted account shall consist of an annual appropriation by the Legislature.
1392          (d) The office shall:
1393          (i) with the advice of the board, administer the restricted account; and
1394          (ii) make payments from the restricted account as required under this section.
1395          (e) The cost of administering the restricted account shall be paid from money in the
1396     restricted account.
1397          (2) (a) A motion picture company or digital media company seeking disbursement of
1398     an incentive allowed under an agreement with the office shall follow the procedures and
1399     requirements of this Subsection (2).
1400          (b) The motion picture company or digital media company shall provide the office with
1401     a report identifying and documenting the dollars left in the state and new state revenues

1402     generated by the motion picture company or digital media company for its state-approved
1403     production, including any related tax returns by the motion picture company, payroll company,
1404     digital media company, or loan-out corporation under Subsection (2)(d).
1405          (c) For a motion picture company, an independent certified public accountant shall:
1406          (i) review the report submitted by the motion picture company; and
1407          (ii) attest to the accuracy and validity of the report, including the amount of dollars left
1408     in the state.
1409          (d) The motion picture company, digital media company, payroll company, or loan-out
1410     corporation shall provide the office with a document that expressly directs and authorizes the
1411     State Tax Commission to disclose the entity's tax returns and other information concerning the
1412     entity that would otherwise be subject to confidentiality under Section 59-1-403 or Section
1413     6103, Internal Revenue Code, to the office.
1414          (e) The office shall submit the document described in Subsection (2)(d) to the State
1415     Tax Commission.
1416          (f) Upon receipt of the document described in Subsection (2)(d), the State Tax
1417     Commission shall provide the office with the information requested by the office that the
1418     motion picture company, digital media company, payroll company, or loan-out corporation
1419     directed or authorized the State Tax Commission to provide to the office in the document
1420     described in Subsection (2)(d).
1421          (g) Subject to Subsection (3), for a motion picture company the office shall:
1422          (i) review the report from the motion picture company described in Subsection (2)(b)
1423     and verify that it was reviewed by an independent certified public accountant as described in
1424     Subsection (2)(c); and
1425          (ii) based upon the certified public accountant's attestation under Subsection (2)(c),
1426     determine the amount of the incentive that the motion picture company is entitled to under its
1427     agreement with the office.
1428          (h) Subject to Subsection (3), for a digital media company, the office shall:
1429          (i) ensure the digital media project results in new state revenue; and

1430          (ii) based upon review of new state revenue, determine the amount of the incentive that
1431     a digital media company is entitled to under its agreement with the office.
1432          (i) Subject to Subsection (3), if the incentive is in the form of a cash rebate, the office
1433     shall pay the incentive from the restricted account to the motion picture company,
1434     notwithstanding Subsections 51-5-3(23)(b) and [63J-1-104(4)(c)] 63J-1-105(6).
1435          (j) If the incentive is in the form of a refundable tax credit under Section 59-7-614.5 or
1436     59-10-1108, the office shall:
1437          (i) issue a tax credit certificate to the motion picture company or digital media
1438     company; and
1439          (ii) provide a duplicate copy of the tax credit certificate to the State Tax Commission.
1440          (k) A motion picture company or digital media company may not claim a motion
1441     picture tax credit under Section 59-7-614.5 or 59-10-1108 unless the motion picture company
1442     or digital media company has received a tax credit certificate for the claim issued by the office
1443     under Subsection (2)(j)(i).
1444          (l) A motion picture company or digital media company may claim a motion picture
1445     tax credit on its tax return for the amount listed on the tax credit certificate issued by the office.
1446          (m) A motion picture company or digital media company that claims a tax credit under
1447     Subsection (2)(l) shall retain the tax credit certificate and all supporting documentation in
1448     accordance with Subsection 63N-8-104(6).
1449          (3) (a) Subject to Subsection (3)(b), the office may issue $6,793,700 in tax credit
1450     certificates under this part in a fiscal year.
1451          (b) If the office does not issue tax credit certificates in a fiscal year totaling the amount
1452     authorized under Subsection (3)(a), it may carry over that amount for issuance in subsequent
1453     fiscal years.
1454          Section 29. Section 73-18-25 is amended to read:
1455          73-18-25. Fees to cover the costs of electronic payments.
1456          (1) As used in this section:
1457          (a) "Electronic payment" has the same meaning as defined in Section 41-1a-1221.

1458          (b) "Electronic payment fee" has the same meaning as defined in Section 41-1a-1221.
1459          (2) (a) The Motor Vehicle Division may collect an electronic payment fee on all
1460     registrations and renewals of registration under Section 73-18-7.
1461          (b) The fee described under Subsection (2)(a) shall be imposed regardless of the
1462     method of payment for a particular transaction.
1463          (3) The Motor Vehicle Division shall establish the fee according to the procedures and
1464     requirements of Section 63J-1-504.
1465          (4) A fee imposed under this section:
1466          (a) shall be deposited in the Electronic Payment Fee Restricted Account created by
1467     Section 41-1a-121;
1468          (b) is not subject to Subsection [63J-2-202(2)] 63J-1-105(3) or (4); and
1469          (c) need not be separately identified from the fees imposed on registrations and
1470     renewals of registration under Section 73-18-7.
1471          Section 30. Repealer.
1472          This bill repeals:
1473          Section 63J-1-602.3, List of nonlapsing funds and accounts -- Title 46 through Title
1474     60.
1475          Section 63J-1-602.4, List of nonlapsing funds and accounts -- Title 61 through Title
1476     63N.
1477          Section 63J-1-602.5, List of nonlapsing funds and accounts -- Title 64 and
1478     thereafter.
1479          Section 31. Effective date.
1480          This bill takes effect on July 1, 2018, except that the amendments to Section
1481     63J-1-602.1 (Effective 09/30/18) take effect on September 30, 2018.
1482          Section 32. Coordinating H.B. 475 with H.B. 105 -- Technical amendment.
1483          If this H.B. 475 and H.B. 105, Medicaid Sanctions Amendments, both pass and become
1484     law, the Legislature intends that:
1485          (1) the amendments to Section 63J-1-602.1 (Superseded 09/30/18) and Section

1486     63J-1-602.1 (Effective 09/30/18) in this bill supersede the amendments to Section 63J-1-602.1
1487     (Superseded 09/30/18) and Section 63J-1-602.1 (Effective 09/30/18) in H.B. 105;
1488          (2) that the language "Sanctions collected as dedicated credits from Medicaid providers
1489     under Subsection 26-18-3(7)." be added as a subsection to Section 63J-1-602.2, numerically
1490     according to title placement; and
1491          (3) the reference to "Section 63J-1-602.1" in Section 26-18-3 in H.B. 105 be changed
1492     to "Section 63J-1-602.2" when the Office of Legislative Research and General Counsel
1493     prepares the Utah Code database for publication.
1494          Section 33. Coordinating H.B. 475 with H.B. 149 -- Technical amendment.
1495          If this H.B. 475 and H.B. 149, Department of Alcoholic Beverage Control Funding
1496     Amendments, both pass and become law, the Legislature intends that the amendments to
1497     Section 63J-1-602.2 in this bill supersede the amendments to Section 63J-1-602.2 in H.B. 149,
1498     and that the language "Funds that the Department of Alcoholic Beverage Control retains in
1499     accordance with Subsection 32B-2-301(7)(a)(ii) or (b)." be added as a subsection to Section
1500     63J-1-602.2 in this bill, numerically according to title placement, when the Office of
1501     Legislative Research and General Counsel prepares the Utah Code database for publication.
1502          Section 34. Coordinating H.B. 475 with H.B. 380 -- Technical amendment.
1503          If this H.B. 475 and H.B. 380, Utah School Readiness Initiative Amendments, both
1504     pass and become law, the Legislature intends that the amendments to Section 63J-1-602.2 in
1505     this bill supersede the amendments to Section 63J-1-602.2 in H.B. 380, and that the cross
1506     reference to the School Readiness Restricted Account be changed from "53F-9-402" to
1507     "35A-3-210", when the Office of Legislative Research and General Counsel prepares the Utah
1508     Code database for publication.
1509          Section 35. Coordinating H.B. 475 with H.B. 390 -- Technical amendment.
1510          If this H.B. 475 and H.B. 390, Rural Economic Development Incentives, both pass and
1511     become law, the Legislature intends that the repeal of Section 63J-1-602.4 in this bill
1512     supersedes the amendments to Section 63J-1-602.4 in H.B. 390, and that the language
1513     "Appropriations to fund the Governor's Office of Economic Development's Rural Employment

1514     Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment
1515     Expansion Program." be added as a subsection to Section 63J-1-602.2, numerically according
1516     to title placement, when the Office of Legislative Research and General Counsel prepares the
1517     Utah Code database for publication.
1518          Section 36. Coordinating H.B. 475 with H.B. 395 -- Technical amendment.
1519          If this H.B. 475 and H.B. 395, Technology Innovation Amendments, both pass and
1520     become law, the Legislature intends that the repeal of Section 63J-1-602.4 in this bill
1521     supersedes the amendments to Section 63J-1-602.4 in H.B. 395, and that the language
1522     "Appropriations to the Department of Technology Services for technology innovation as
1523     provided under Section 63F-4-202." be added as a subsection to Section 63J-1-602.2,
1524     numerically according to title placement, when the Office of Legislative Research and General
1525     Counsel prepares the Utah Code database for publication.
1526          Section 37. Coordinating H.B. 475 with S.B. 54 -- Technical amendment.
1527          If this H.B. 475 and S.B. 54, Marriage and Premarital Counseling and Education
1528     Amendments, both pass and become law, the Legislature intends that:
1529          (1) the amendments to Section 63J-1-602.1 (Effective 09/30/18) in this bill supersede
1530     the amendments to Section 63J-1-602.1 (Effective 09/30/18) in S.B. 54;
1531          (2) the language "Dedicated credits accrued to the Utah Marriage Commission as
1532     provided under Subsection 17-16-21(2)(d)(ii)." be added as a subsection to Section
1533     63J-1-602.2, numerically according to title placement; and
1534          (3) the reference to "Subsection 63J-1-602.1(8)" in Section 63I-1-263 in S.B. 54 be
1535     updated to the correct citation to the language added to Section 63J-1-602.2 in Subsection (2)
1536     above, and that the language ", referring to dedicated credits accrued to the Utah Marriage
1537     Commission," be added after the corrected citation, when the Office of Legislative Research
1538     and General Counsel prepares the Utah Code database for publication.
1539          Section 38. Coordinating H.B. 475 with S.B. 161 -- Technical amendment.
1540          If this H.B. 475 and S.B. 161, Nurse Home Visiting Pay-for-success Program, both pass
1541     and become law, the Legislature intends that the amendments to Section 63J-1-602.1

1542     (Superseded 09/30/18) and Section 63J-1-602.1 (Effective 09/30/18) in this bill supersede the
1543     amendments to Section 63J-1-602.1 (Superseded 09/30/18) and Section 63J-1-602.1 (Effective
1544     09/30/18) in S.B. 161, and that:
1545          (1) the language "The Nurse Home Visiting Restricted Account created in Section
1546     26-62-601." be added as a subsection to Section 63J-1-602.1 (Superseded 09/30/18) and
1547     Section 63J-1-602.1 (Effective 09/30/18), numerically according to title placement; and
1548          (2) the subsection reference to the fund in Subsection 63I-1-263(12) in S.B. 161 be
1549     updated to reflect the fund's placement in Section 63J-1-602.1 (Superseded 09/30/18) and
1550     Section 63J-1-602.1 (Effective 09/30/18), and that the language ", Nurse Home Visiting
1551     Restricted Account" be added after each updated subsection reference, when the Office of
1552     Legislative Research and General Counsel prepares the Utah Code database for publication.