7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to the allocation of funds from surcharges.
10 Highlighted Provisions:
11 This bill:
12 ▸ reroutes the criminal conviction surcharge collections to the General Fund;
13 ▸ repeals statutory language connecting the criminal conviction surcharge allocations
14 to restricted accounts;
15 ▸ repeals certain restricted accounts and addresses remaining funds in the restricted
17 ▸ repeals funding and programming related to certain restricted accounts being
19 ▸ raises the amounts of the certain surcharges and fees;
20 ▸ revises and relocates statutory language due to the repealing of restricted accounts;
22 ▸ makes technical changes.
23 Money Appropriated in this Bill:
24 This bill appropriates in fiscal year 2021:
25 ▸ to the Office of the Attorney General -- Prosecution Council:
26 • from the General Fund, $492,000
27 • from Public Safety Support Account ($551,500)
28 ▸ to the Courts -- Administration:
29 • from the General Fund, $410,000
30 • from Substance Abuse Prevention Account ($571,700)
31 ▸ to the Courts -- Guardian Ad Litem:
32 • from the General Fund, $287,000
33 • from Guardian Ad Litem Services Account ($397,500)
34 ▸ to the Department of Health -- Family Health and Preparedness:
35 • from the General Fund, $2,296,200
36 • from Dedicated Credits ($2,296,200)
37 ▸ to the Department of Human Services -- Division of Child and Family Services:
38 • from the General Fund, $731,000
39 • from Victims of Domestic Violence Service Account ($732,100)
40 ▸ to the Department of Human Services -- Division of Substance Abuse and Mental
42 • from the General Fund, $1,230,100
43 • from Intoxicated Driver Rehabilitation Account ($1,500,000)
44 ▸ to the Department of Public Safety -- Bureau of Criminal Identification:
45 • from the General Fund, $250,000
46 • from Statewide Warrants Operations Account ($596,300)
47 ▸ to the Department of Public Safety -- Peace Officers Standards and Training:
48 • from the General Fund, $3,034,300
49 • from Public Safety Support Account ($4,111,600)
50 ▸ to the Courts -- Administration
51 • from General Fund ($502,600)
52 ▸ to the Office of the Governor -- Commission on Criminal and Juvenile Justice:
53 • from the General Fund, $1,971,000
54 • from Crime Victim Reparations Fund ($1,971,100)
55 ▸ to the Office of the Governor -- Commission on Criminal and Juvenile Justice:
56 • from the General Fund, $1,360,200
57 • from Law Enforcement Operations Account ($1,531,300)
58 ▸ to the Office of the Governor -- Commission on Criminal and Juvenile Justice:
59 • from Law Enforcement Services Account ($617,900)
60 ▸ to the Office of the Governor -- Crime Victims Reparations:
61 • from the General Fund, $3,769,400
62 • from Dedicated Credits ($3,769,400)
63 ▸ to the State Board of Education -- State Administrative Office:
64 • from the General Fund, $410,000
65 • from Substance Abuse Prevention Account ($512,600)
66 Other Special Clauses:
67 This bill provides a special effective date.
68 Utah Code Sections Affected:
70 10-1-203.5, as last amended by Laws of Utah 2017, Chapter 136
71 26-8a-207, as last amended by Laws of Utah 2011, Chapters 297 and 303
72 51-9-401, as last amended by Laws of Utah 2010, Chapter 402
73 51-9-402, as last amended by Laws of Utah 2011, Chapter 342
74 51-9-412, as last amended by Laws of Utah 2016, Chapter 191
75 62A-15-503, as last amended by Laws of Utah 2010, Chapter 278
76 63I-1-263, as last amended by Laws of Utah 2019, Chapters 89, 246, 311, 414, 468,
77 469, 482 and last amended by Coordination Clause, Laws of Utah 2019, Chapter
79 63I-2-263, as last amended by Laws of Utah 2019, Chapters 182, 240, 246, 325, 370,
80 and 483
81 63J-1-602.1, as last amended by Laws of Utah 2019, Chapters 89, 136, 213, 215, 244,
82 326, 342, and 482
83 63J-1-602.2, as last amended by Laws of Utah 2019, Chapters 136, 326, 468, and 469
84 63M-7-204, as last amended by Laws of Utah 2019, Chapter 435
85 63M-7-502, as last amended by Laws of Utah 2019, Chapter 297
86 67-5a-8, as last amended by Laws of Utah 2011, Chapter 340
87 77-38-302, as last amended by Laws of Utah 2013, Chapter 278
88 78A-2-301, as last amended by Laws of Utah 2018, Chapter 25
89 78A-2-601, as last amended by Laws of Utah 2015, Chapter 99
90 78A-6-117, as last amended by Laws of Utah 2019, Chapters 162 and 335
91 78A-7-120, as last amended by Laws of Utah 2017, Chapters 144, 150, and 186
92 78A-7-122, as last amended by Laws of Utah 2014, Chapter 168
94 53E-3-521, Utah Code Annotated 1953
95 63M-7-526, Utah Code Annotated 1953
96 78A-6-903, Utah Code Annotated 1953
97 RENUMBERS AND AMENDS:
98 63M-7-213, (Renumbered from 51-9-411, as last amended by Laws of Utah 2016,
99 Chapter 191)
101 51-9-403, as renumbered and amended by Laws of Utah 2008, Chapter 382
102 51-9-404, as last amended by Laws of Utah 2014, Chapter 56
103 51-9-405, as last amended by Laws of Utah 2019, Chapter 335
104 51-9-406, as last amended by Laws of Utah 2018, Chapter 353
105 51-9-407, as last amended by Laws of Utah 2010, Chapter 278
106 51-9-409, as last amended by Laws of Utah 2011, Chapter 303
107 51-9-410, as renumbered and amended by Laws of Utah 2008, Chapter 382
108 62A-15-502.5, as enacted by Laws of Utah 2010, Chapter 278
110 Be it enacted by the Legislature of the state of Utah:
111 Section 1. Section 10-1-203.5 is amended to read:
112 10-1-203.5. Disproportionate rental fee -- Good landlord training program -- Fee
114 (1) As used in this section:
115 (a) "Business" means the rental of one or more residential units within a municipality.
116 (b) "Disproportionate rental fee" means a fee adopted by a municipality to recover its
117 disproportionate costs of providing municipal services to residential rental units compared to
118 similarly-situated owner-occupied housing.
119 (c) "Disproportionate rental fee reduction" means a reduction of a disproportionate
120 rental fee as a condition of complying with the requirements of a good landlord training
122 (d) "Exempt business" means the rental of a residential unit within a single structure
123 that contains:
124 (i) no more than four residential units; and
125 (ii) one unit occupied by the owner.
126 (e) "Exempt landlord" means a residential landlord who demonstrates to a
128 (i) completion of any live good landlord training program offered by any other Utah
129 city that offers a good landlord program;
130 (ii) that the residential landlord has a current professional designation of "property
131 manager"; or
132 (iii) compliance with a requirement described in Subsection (6).
133 (f) "Good landlord training program" means a program offered by a municipality to
134 encourage business practices that are designed to reduce the disproportionate cost of municipal
135 services to residential rental units by offering a disproportionate rental fee reduction for any
136 residential landlord who:
137 (i) (A) completes a landlord training program provided by the municipality; or
138 (B) is an exempt landlord;
139 (ii) implements measures to reduce crime in rental housing as specified in a municipal
140 ordinance or policy; and
141 (iii) operates and manages rental housing in accordance with an applicable municipal
143 (g) "Municipal services" means:
144 (i) public utilities;
145 (ii) police;
146 (iii) fire;
147 (iv) code enforcement;
148 (v) storm water runoff;
149 (vi) traffic control;
150 (vii) parking;
151 (viii) transportation;
152 (ix) beautification; or
153 (x) snow removal.
154 (h) "Municipal services study" means a study of the cost of all municipal services to
155 rental housing that:
156 (i) are reasonably attributable to the rental housing; and
157 (ii) exceed the municipality's cost to serve similarly-situated, owner-occupied housing.
158 (i) "Residential landlord" means:
159 (i) the owner of record of residential real property that is leased or rented to another; or
160 (ii) a third-party provider that has an agreement with the owner of record to manage the
161 owner's real property.
162 (2) The legislative body of a municipality may charge and collect a disproportionate
163 rental fee on a business that causes disproportionate costs to municipal services if the
165 (a) has performed a municipal services study; and
166 (b) adopts a disproportionate rental fee that does not exceed the amount that is justified
167 by the municipal services study on a per residential rental unit basis.
168 (3) A municipality may not:
169 (a) impose a disproportionate rental fee on an exempt business;
170 (b) require a residential landlord to deny tenancy to an individual based on the
171 individual's criminal history [
173 probationers who have violated the terms of their probation is located within the municipality;
174 (c) without cause and notice, require a residential landlord to submit to a random
175 building inspection;
176 (d) unless agreed to by a residential landlord and in compliance with state and federal
177 law, collect from a residential landlord or retain:
178 (i) a tenant's consumer report, as defined in 15 U.S.C. Sec. 1681a, in violation of 15
179 U.S.C. Sec. 1681b as amended;
180 (ii) a tenant's criminal history record information in violation of Section 53-10-108; or
181 (iii) a copy of an agreement between the residential landlord and a tenant regarding the
182 tenant's term of occupancy, rent, or any other condition of occupancy;
183 (e) require that any documents required from the landlord be notarized; or
184 (f) prohibit a residential landlord from passing on to the tenant the license or
185 disproportionate fee.
186 (4) Nothing in this section shall limit:
187 (a) a municipality's right to audit and inspect an exempt residential landlord's records to
188 ensure compliance with a disproportionate rental fee reduction program; or
189 (b) the right of a municipality with a short-term or vacation rental ordinance to review
190 an owner's rental agreement to verify compliance with the municipality's ordinance.
191 (5) Notwithstanding Section 10-11-2, a residential landlord may provide the name and
192 address of a person to whom all correspondence regarding the property shall be sent. If the
193 landlord provides the name and address in writing, the municipality shall provide all further
194 correspondence regarding the property to the designated person. The municipality may also
195 provide copies of notices to the residential landlord.
196 (6) In addition to a requirement or qualification described in Subsection (1)(e), a
197 municipality may recognize a good landlord training program described in its ordinance.
198 (7) (a) If a municipality adopts a good landlord program, the municipality shall provide
199 an appeal procedure affording due process of law to a residential landlord who is denied a
200 disproportionate rental fee reduction.
201 (b) A municipality may not adopt a new disproportionate rental fee unless the
202 municipality provides a disproportionate rental fee reduction.
203 (8) A property manager who represents an owner of property that qualifies for a
204 municipal disproportionate rental fee may not be restricted from simultaneously representing
205 another owner of property that does not qualify for a municipal disproportionate rental fee.
206 Section 2. Section 26-8a-207 is amended to read:
207 26-8a-207. Emergency Medical Services Grant Program.
213 Emergency Medical Services Grant Program shall be used for improvement of delivery of
214 emergency medical services and administrative costs as described in Subsection (2)(a).
217 (2) (a) The department may use the funds [
218 (i) to provide staff support; and
219 (ii) for other expenses incurred in:
220 (A) administration of grant funds; and
221 (B) other department administrative costs under this chapter.
222 (b) After funding staff support, administrative expenses, and trauma system
223 development, the department and the committee shall make emergency medical services grants
224 from the remaining funds [
225 grant under this Subsection (2)(b) shall actively provide emergency medical services within the
227 (c) The department shall distribute not less than 25% of the funds appropriated for the
228 Emergency Medical Services Grant Program , with the percentage being authorized by a
229 majority vote of the committee, as per capita block grants for use specifically related to the
230 provision of emergency medical services to nonprofit prehospital emergency medical services
231 providers that are either licensed or designated and to emergency medical services that are the
232 primary emergency medical services for a service area. The department shall determine the
233 grant amounts by prorating available funds on a per capita basis by county as described in
234 department rule.
235 (d) The committee shall award the remaining funds as competitive grants for use
236 specifically related to the provision of emergency medical services based upon rules
237 established by the committee.
238 Section 3. Section 51-9-401 is amended to read:
239 51-9-401. Surcharge -- Application.
240 (1) (a) A surcharge shall be paid on all criminal fines, penalties, and forfeitures
241 imposed by the courts.
242 (b) The surcharge shall be:
243 (i) 90% upon conviction of a:
244 (A) felony;
245 (B) class A misdemeanor;
246 (C) violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless
247 Driving; or
248 (D) class B misdemeanor not classified within Title 41, Motor Vehicles, including
249 violation of comparable county or municipal ordinances; or
250 (ii) 35% upon conviction of any other offense, including violation of county or
251 municipal ordinances not subject to the 90% surcharge.
258 (c) The Division of Finance shall deposit into the General Fund an amount equal to the
259 amount that the state retains under Section 51-9-402.
260 (2) The surcharge may not be imposed:
261 (a) upon nonmoving traffic violations;
262 (b) upon court orders when the offender is ordered to perform compensatory service
263 work in lieu of paying a fine; and
264 (c) upon penalties assessed by the juvenile court as part of the nonjudicial adjustment
265 of a case under Section 78A-6-602.
266 (3) (a) The surcharge and the exceptions under Subsections (1) and (2) [
267 all fines, penalties, and forfeitures imposed on juveniles for conduct that would be criminal if
268 committed by an adult.
269 (b) [
270 amounts assessed or collected separately by juvenile courts for the Juvenile Restitution
271 Account, which is independent of this part and does not affect the imposition or collection of
272 the surcharge.
273 (4) The surcharge under this section shall be imposed in addition to the fine charged
274 for a civil or criminal offense, and no reduction may be made in the fine charged due to the
275 surcharge imposition.
276 (5) Fees, assessments, and surcharges related to criminal or traffic offenses shall be
277 authorized and managed by this part rather than attached to particular offenses.
278 Section 4. Section 51-9-402 is amended to read:
279 51-9-402. Division of collected money retained by state treasurer and local
280 governmental collecting entity.
281 (1) The amount of the surcharge imposed under this part by courts of record shall be
282 collected before any fine and deposited with the state treasurer.
283 (2) The amount of the surcharge and the amount of criminal fines, penalties, and
284 forfeitures imposed under this part by courts not of record shall be collected concurrently.
285 (a) As money is collected on criminal fines, penalties, and forfeitures subject to the
286 90% surcharge, the money shall be divided pro rata so that the local governmental collecting
287 entity retains 53% of the collected money and the state retains 47% of the collected money.
288 (b) As money is collected on criminal fines, penalties, and forfeitures subject to the
289 35% surcharge, the money shall be divided pro rata so that the local governmental collecting
290 entity retains 74% of the collected money and the state retains 26% of the collected money.
291 (c) The court shall deposit with the state treasurer the surcharge portion of all money as
292 it is collected.
293 (3) Courts of record, courts not of record, and administrative traffic proceedings shall
294 collect financial information to determine:
295 (a) the total number of cases in which:
296 (i) a final judgment has been rendered;
297 (ii) surcharges and fines are paid by partial or installment payment; and
298 (iii) the judgment is fulfilled by an alternative method upon the court's order; and
299 (b) the total dollar amounts of surcharges owed to the state and fines owed to the state
300 and county or municipality, including:
301 (i) waived surcharges;
302 (ii) uncollected surcharges; and
303 (iii) collected surcharges.
304 (4) The courts of record, courts not of record, and administrative traffic proceedings
305 shall report all collected financial information monthly to the Administrative Office of the
306 Courts. The collected information shall be categorized by cases subject to the 90% and 35%
314 distribution and allocation of fines and forfeitures imposed in accordance with Sections
315 23-14-13, 78A-5-110, and 78A-7-120.
316 Section 5. Section 51-9-412 is amended to read:
317 51-9-412. Halfway house funding -- Uses.
318 (1) As used in this section:
321 created in Section 63M-7-201.
323 prison or houses probationers who have violated the terms of their probation.
326 violated the conditions of their parole agreement.
336 Legislature to local law enforcement agencies on a pro-rata basis determined by:
337 (a) the average daily number of occupied beds in a halfway house in each agency's
338 jurisdiction for increased enforcement in areas with halfway houses;
339 (b) the average daily number of occupied beds in a parole violator center in each
340 agency's jurisdiction; or
341 (c) both Subsections [
343 the purposes stated in this section.
345 commission under this section shall prepare, and file with the commission and the state auditor,
346 a report in a form specified by the commission. The report shall include the following:
347 (a) the agency's name;
348 (b) the amount received;
349 (c) how the funds were used, including the impact on crime reduction efforts in areas
350 with halfway houses or parole violator centers, or both; and
351 (d) a statement signed by both the agency's or political subdivision's executive officer
352 or designee and by the agency's legal counsel that all funds were used for law enforcement
353 operations related to reducing criminal activity in areas with halfway houses or parole violator
354 centers, or both.
355 Section 6. Section 53E-3-521 is enacted to read:
356 53E-3-521. Substance abuse prevention in public school programs -- Funds
358 The state board shall provide for:
359 (1) substance abuse prevention and education;
360 (2) substance abuse prevention training for teachers and administrators; and
361 (3) district and school programs to supplement, not supplant, existing local prevention
362 efforts in cooperation with local substance abuse authorities.
363 Section 7. Section 62A-15-503 is amended to read:
364 62A-15-503. Assessments for DUI -- Use of money for rehabilitation programs,
365 including victim impact panels -- Rulemaking power granted.
366 (1) (a) Assessments imposed under Section 62A-15-502 may, pursuant to court order[
371 (b) Assessments collected by the court [
374 account created by the county treasurer of the county in which the fee is collected.
375 (2) [
376 used exclusively for the operation of licensed alcohol or drug rehabilitation programs and
377 education, assessment, supervision, and other activities related to and supporting the
378 rehabilitation of persons convicted of driving while under the influence of intoxicating liquor
379 or drugs. A requirement of the rehabilitation program shall be participation with a victim
380 impact panel or program providing a forum for victims of alcohol or drug related offenses and
381 defendants to share experiences on the impact of alcohol or drug related incidents in their lives.
382 The Division of Substance Abuse and Mental Health shall establish guidelines to implement
383 victim impact panels where, in the judgment of the licensed alcohol or drug program,
384 appropriate victims are available, and shall establish guidelines for other programs where such
385 victims are not available.
386 (3) None of the assessments shall be maintained for administrative costs by the
388 Section 8. Section 63I-1-263 is amended to read:
389 63I-1-263. Repeal dates, Titles 63A to 63N.
390 (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
391 (a) Subsection 63A-1-201(1) is repealed;
392 (b) Subsection 63A-1-202(2)(c), the language that states "using criteria established by
393 the board" is repealed;
394 (c) Section 63A-1-203 is repealed;
395 (d) Subsections 63A-1-204(1) and (2), the language that states "After consultation with
396 the board, and" is repealed; and
397 (e) Subsection 63A-1-204(1)(b), the language that states "using the standards provided
398 in Subsection 63A-1-203(3)(c)" is repealed.
399 (2) Subsection 63A-5-228(2)(h), relating to prioritizing and allocating capital
400 improvement funding, is repealed on July 1, 2024.
401 (3) Section 63A-5-603, State Facility Energy Efficiency Fund, is repealed July 1, 2023.
402 (4) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
403 1, 2028.
404 (5) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
406 (6) Title 63C, Chapter 16, Prison Development Commission Act, is repealed July 1,
408 (7) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
409 repealed July 1, 2021.
410 (8) Title 63C, Chapter 18, Mental Health Crisis Line Commission, is repealed July 1,
412 (9) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
414 (10) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
416 (11) In relation to the State Fair Corporation Board of Directors, on January 1, 2025:
417 (a) Subsection 63H-6-104(2)(c), related to a Senate appointment, is repealed;
418 (b) Subsection 63H-6-104(2)(d), related to a House appointment, is repealed;
419 (c) in Subsection 63H-6-104(2)(e), the language that states ", of whom only one may
420 be a legislator, in accordance with Subsection (3)(e)," is repealed;
421 (d) Subsection 63H-6-104(3)(a)(i) is amended to read:
422 "(3)(a)(i) Except as provided in Subsection (3)(a)(ii), a board member appointed under
423 Subsection (2)(e) or (f) shall serve a term that expires on the December 1 four years after the
424 year that the board member was appointed.";
425 (e) in Subsections 63H-6-104(3)(a)(ii), (c)(ii), and (d), the language that states "the
426 president of the Senate, the speaker of the House, the governor," is repealed and replaced with
427 "the governor"; and
428 (f) Subsection 63H-6-104(3)(e), related to limits on the number of legislators, is
430 (12) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
431 (13) Section 63M-7-212 is repealed on December 31, 2019.
432 (14) On July 1, 2025:
433 (a) in Subsection 17-27a-404(3)(c)(ii), the language that states "the Resource
434 Development Coordinating Committee," is repealed;
435 (b) Subsection 23-14-21(2)(c) is amended to read "(c) provide notification of proposed
436 sites for the transplant of species to local government officials having jurisdiction over areas
437 that may be affected by a transplant.";
438 (c) in Subsection 23-14-21(3), the language that states "and the Resource Development
439 Coordinating Committee" is repealed;
440 (d) in Subsection 23-21-2.3(1), the language that states "the Resource Development
441 Coordinating Committee created in Section 63J-4-501 and" is repealed;
442 (e) in Subsection 23-21-2.3(2), the language that states "the Resource Development
443 Coordinating Committee and" is repealed;
444 (f) Subsection 63J-4-102(1) is repealed and the remaining subsections are renumbered
446 (g) Subsections 63J-4-401(5)(a) and (c) are repealed;
447 (h) Subsection 63J-4-401(5)(b) is renumbered to Subsection 63J-4-401(5)(a) and the
448 word "and" is inserted immediately after the semicolon;
449 (i) Subsection 63J-4-401(5)(d) is renumbered to Subsection 63J-4-401(5)(b);
450 (j) Sections 63J-4-501, 63J-4-502, 63J-4-503, 63J-4-504, and 63J-4-505 are repealed;
452 (k) Subsection 63J-4-603(1)(e)(iv) is repealed and the remaining subsections are
453 renumbered accordingly.
454 (15) Subsection 63J-1-602.1[
455 repealed July 1, 2026.
456 (16) Subsection 63J-1-602.2(4), referring to dedicated credits to the Utah Marriage
457 Commission, is repealed July 1, 2023.
458 (17) Subsection 63J-1-602.2(5), referring to the Trip Reduction Program, is repealed
459 July 1, 2022.
460 (18) (a) Subsection 63J-1-602.1[
461 Restricted Account, is repealed July 1, 2022.
462 (b) When repealing Subsection 63J-1-602.1[
463 Research and General Counsel shall, in addition to the office's authority under Subsection
464 36-12-12(3), make necessary changes to subsection numbering and cross references.
465 (19) Subsection 63J-1-602.2[
466 Commission, is repealed January 1, 2025.
467 (20) Subsection 63J-4-708(1), in relation to the Talent Ready Utah Board, on January
468 1, 2023, is amended to read:
469 "(1) On or before October 1, the board shall provide an annual written report to the
470 Social Services Appropriations Subcommittee and the Economic Development and Workforce
471 Services Interim Committee.".
472 (21) In relation to the Utah Substance Use and Mental Health Advisory Council, on
473 January 1, 2023:
474 (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
476 (b) Section 63M-7-305, the language that states "council" is replaced with
478 (c) Subsection 63M-7-305(1) is repealed and replaced with:
479 "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
480 (d) Subsection 63M-7-305(2) is repealed and replaced with:
481 "(2) The commission shall:
482 (a) provide ongoing oversight of the implementation, functions, and evaluation of the
483 Drug-Related Offenses Reform Act; and
484 (b) coordinate the implementation of Section 77-18-1.1 and related provisions in
485 Subsections 77-18-1(5)(b)(iii) and (iv).".
486 (22) The Crime Victim Reparations and Assistance Board, created in Section
487 63M-7-504, is repealed July 1, 2027.
488 (23) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2021.
489 (24) Subsection 63N-1-301(4)(c), related to the Talent Ready Utah Board, is repealed
490 on January 1, 2023.
491 (25) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
492 (26) (a) Title 63N, Chapter 2, Part 4, Recycling Market Development Zone Act, is
493 repealed January 1, 2021.
494 (b) Subject to Subsection (26)(c), Sections 59-7-610 and 59-10-1007 regarding tax
495 credits for certain persons in recycling market development zones, are repealed for taxable
496 years beginning on or after January 1, 2021.
497 (c) A person may not claim a tax credit under Section 59-7-610 or 59-10-1007:
498 (i) for the purchase price of machinery or equipment described in Section 59-7-610 or
499 59-10-1007, if the machinery or equipment is purchased on or after January 1, 2021; or
500 (ii) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), if
501 the expenditure is made on or after January 1, 2021.
502 (d) Notwithstanding Subsections (26)(b) and (c), a person may carry forward a tax
503 credit in accordance with Section 59-7-610 or 59-10-1007 if:
504 (i) the person is entitled to a tax credit under Section 59-7-610 or 59-10-1007; and
505 (ii) (A) for the purchase price of machinery or equipment described in Section
506 59-7-610 or 59-10-1007, the machinery or equipment is purchased on or before December 31,
507 2020; or
508 (B) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), the
509 expenditure is made on or before December 31, 2020.
510 (27) Section 63N-2-512 is repealed on July 1, 2021.
511 (28) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
512 January 1, 2021.
513 (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
514 calendar years beginning on or after January 1, 2021.
515 (c) Notwithstanding Subsection (28)(b), an entity may carry forward a tax credit in
516 accordance with Section 59-9-107 if:
517 (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
518 31, 2020; and
519 (ii) the qualified equity investment that is the basis of the tax credit is certified under
520 Section 63N-2-603 on or before December 31, 2023.
521 (29) Subsections 63N-3-109(2)(e) and 63N-3-109(2)(f)(i) are repealed July 1, 2023.
522 (30) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed
523 July 1, 2023.
524 (31) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant Program,
525 is repealed January 1, 2023.
526 (32) In relation to the Pete Suazo Utah Athletic Commission, on January 1, 2021:
527 (a) Subsection 63N-10-201(2)(a) is amended to read:
528 "(2) (a) The governor shall appoint five commission members with the advice and
529 consent of the Senate.";
530 (b) Subsection 63N-10-201(2)(b), related to legislative appointments, is repealed;
531 (c) in Subsection 63N-10-201(3)(a), the language that states ", president, or speaker,
532 respectively," is repealed; and
533 (d) Subsection 63N-10-201(3)(d) is amended to read:
534 "(d) The governor may remove a commission member for any reason and replace the
535 commission member in accordance with this section.".
536 (33) In relation to the Talent Ready Utah Board, on January 1, 2023:
537 (a) Subsection 9-22-102(16) is repealed;
538 (b) in Subsection 9-22-114(2), the language that states "Talent Ready Utah," is
539 repealed; and
540 (c) in Subsection 9-22-114(5), the language that states "representatives of Talent Ready
541 Utah," is repealed.
542 (34) Title 63N, Chapter 12, Part 5, Talent Ready Utah Center, is repealed January 1,
544 Section 9. Section 63I-2-263 is amended to read:
545 63I-2-263. Repeal dates, Title 63A to Title 63N.
546 (1) On July 1, 2020:
547 (a) Subsection 63A-1-203(5)(a)(i) is repealed; and
548 (b) in Subsection 63A-1-203(5)(a)(ii), the language that states "appointed on or after
549 May 8, 2018," is repealed.
550 (2) Sections 63C-4a-307 and 63C-4a-309 are repealed January 1, 2020.
551 (3) Title 63C, Chapter 19, Higher Education Strategic Planning Commission is
552 repealed July 1, 2020.
553 (4) The following sections regarding the World War II Memorial Commission are
554 repealed on July 1, 2020:
555 (a) Section 63G-1-801;
556 (b) Section 63G-1-802;
557 (c) Section 63G-1-803; and
558 (d) Section 63G-1-804.
559 (5) In relation to the State Fair Park Committee, on January 1, 2021:
560 (a) Section 63H-6-104.5 is repealed; and
561 (b) Subsections 63H-6-104(8) and (9) are repealed.
562 (6) Section 63H-7a-303 is repealed on July 1, 2022.
563 (7) In relation to the Employability to Careers Program Board, on July 1, 2022:
564 (a) Subsection 63J-1-602.1[
565 (b) Subsection 63J-4-301(1)(h), related to the review of data and metrics, is repealed;
567 (c) Title 63J, Chapter 4, Part 7, Employability to Careers Program, is repealed.
568 (8) Section 63J-4-708 is repealed January 1, 2023.
569 Section 10. Section 63J-1-602.1 is amended to read:
570 63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
571 Appropriations made from the following accounts or funds are nonlapsing:
572 (1) The Utah Intracurricular Student Organization Support for Agricultural Education
573 and Leadership Restricted Account created in Section 4-42-102.
574 (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
575 (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
576 Section 9-18-102.
577 (4) The National Professional Men's Soccer Team Support of Building Communities
578 Restricted Account created in Section 9-19-102.
579 (5) Funds collected for directing and administering the C-PACE district created in
580 Section 11-42a-302.
581 (6) The "Support for State-Owned Shooting Ranges Restricted Account" created in
582 Section 23-14-13.5.
583 (7) Award money under the State Asset Forfeiture Grant Program, as provided under
584 Section 24-4-117.
585 (8) Funds collected from the program fund for local health department expenses
586 incurred in responding to a local health emergency under Section 26-1-38.
592 Program as provided in Section 26-40-108.
594 Section 26-58-102.
601 except to the extent that Section 31A-3-304 makes the money received under that section free
606 Section 31A-30-115.
610 Restricted Account created in Section 32B-2-306.
613 certain products or services, as provided in Section 35A-13-202.
616 41-1a-121 to the Motor Vehicle Division.
618 Account created by Section 41-3-110 to the State Tax Commission.
620 in Section 53-1-120.
622 Emergency Management, as provided in Section 53-2a-603.
624 Public Safety, as provided in Section 53-3-106.
626 Section 53-8-303.
634 School Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
636 54-5-1.5, subject to Subsection 54-5-1.5(4)(d).
638 access to an electronic reference library, as provided in Section 58-3a-105.
640 Licensing for violation of unlawful or unprofessional conduct that are used for education and
641 enforcement purposes, as provided in Section 58-17b-505.
643 access to an electronic reference library, as provided in Section 58-22-104.
645 access to an electronic reference library, as provided in Section 58-55-106.
647 access to an electronic reference library, as provided in Section 58-56-3.5.
649 Licensing for use in education and enforcement of the Security Personnel Licensing Act, as
650 provided in Section 58-63-103.
654 background check for a mortgage loan license, as provided in Section 61-2c-202.
656 background check for principal broker, associate broker, and sales agent licenses, as provided
657 in Section 61-2f-204.
659 Section 62A-1-111.
661 Children Issues Restricted Account created in Section 62A-1-202.
663 provided in Section 62A-4a-110.
667 provided in Section 63G-3-402.
670 provided in Section 63H-1-504.
678 Section 63J-4-703.
681 Commission, as provided under Section 63N-10-301.
683 inmates, as provided in Subsection 64-13e-104(2).
685 Fire, and State Lands, as provided in Section 65A-8-103.
687 created in Section 71-14-102.
691 fines or bonds, as provided in Section 73-3-25.
693 Section 73-23-2.
695 Subsection 78A-6-203(1)(c).
698 78B-6-141, 78B-6-144, and 78B-6-144.5.
700 Part 4, Utah Indigent Defense Commission.
702 State Park, Jordan River State Park, and Green River State Park, as provided under Section
705 sale or disposal of buffalo, as provided under Section 79-4-1001.
706 Section 11. Section 63J-1-602.2 is amended to read:
707 63J-1-602.2. List of nonlapsing appropriations to programs.
708 Appropriations made to the following programs are nonlapsing:
709 (1) The Legislature and [
710 (2) The Percent-for-Art Program created in Section 9-6-404.
711 (3) The LeRay McAllister Critical Land Conservation Program created in Section
713 (4) Dedicated credits accrued to the Utah Marriage Commission as provided under
714 Subsection 17-16-21(2)(d)(ii).
715 (5) The Trip Reduction Program created in Section 19-2a-104.
716 (6) The Division of Wildlife Resources for the appraisal and purchase of lands under
717 the Pelican Management Act, as provided in Section 23-21a-6.
718 (7) The emergency medical services grant program in Section 26-8a-207.
721 Subsection 26-18-3(7).
723 Section 26-46-102.
728 accordance with Subsection 32B-2-301(7)(a) or (b).
730 Workforce Services, as provided in Section 35A-3-401.
735 (a) purchase and distribution of license plates and decals; and
736 (b) administration and enforcement of motor vehicle registration requirements.
738 Section 53-2a-1102.
741 in Section 53B-6-104.
743 Council, as provided in Section 53B-24-202.
746 Section 62A-5-102.
748 storage tanks under Section 63A-9-401.
751 innovation as provided under Section 63F-4-202.
757 Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
759 Rural Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
760 Employment Expansion Program.
762 provided in Section 67-19-6.
764 fund, as provided in Section 69-2-301.
767 in Section 77-10a-19.
773 and 78B-6-144.5.
775 Defense Commission.
777 Management under Subsection 63A-5-228(3) under which state agencies receive an
778 appropriation and pay lease payments for the use and occupancy of buildings owned by the
779 Division of Facilities Construction and Management.
780 Section 12. Section 63M-7-204 is amended to read:
781 63M-7-204. Duties of commission.
782 (1) The State Commission on Criminal and Juvenile Justice administration shall:
783 (a) promote the commission's purposes as enumerated in Section 63M-7-201;
784 (b) promote the communication and coordination of all criminal and juvenile justice
786 (c) study, evaluate, and report on the status of crime in the state and on the
787 effectiveness of criminal justice policies, procedures, and programs that are directed toward the
788 reduction of crime in the state;
789 (d) study, evaluate, and report on programs initiated by state and local agencies to
790 address reducing recidivism, including changes in penalties and sentencing guidelines intended
791 to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
792 evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
793 alternative to incarceration, as resources allow;
794 (e) study, evaluate, and report on policies, procedures, and programs of other
795 jurisdictions which have effectively reduced crime;
796 (f) identify and promote the implementation of specific policies and programs the
797 commission determines will significantly reduce crime in Utah;
798 (g) provide analysis and recommendations on all criminal and juvenile justice
799 legislation, state budget, and facility requests, including program and fiscal impact on all
800 components of the criminal and juvenile justice system;
801 (h) provide analysis, accountability, recommendations, and supervision for state and
802 federal criminal justice grant money;
803 (i) provide public information on the criminal and juvenile justice system and give
804 technical assistance to agencies or local units of government on methods to promote public
806 (j) promote research and program evaluation as an integral part of the criminal and
807 juvenile justice system;
808 (k) provide a comprehensive criminal justice plan annually;
809 (l) review agency forecasts regarding future demands on the criminal and juvenile
810 justice systems, including specific projections for secure bed space;
811 (m) promote the development of criminal and juvenile justice information systems that
812 are consistent with common standards for data storage and are capable of appropriately sharing
813 information with other criminal justice information systems by:
814 (i) developing and maintaining common data standards for use by all state criminal
815 justice agencies;
816 (ii) annually performing audits of criminal history record information maintained by
817 state criminal justice agencies to assess their accuracy, completeness, and adherence to
819 (iii) defining and developing state and local programs and projects associated with the
820 improvement of information management for law enforcement and the administration of
821 justice; and
822 (iv) establishing general policies concerning criminal and juvenile justice information
823 systems and making rules as necessary to carry out the duties under Subsection (1)(k) and this
824 Subsection (1)(m);
825 (n) allocate and administer grants, from money made available, for approved education
826 programs to help prevent the sexual exploitation of children;
827 (o) allocate and administer grants [
829 related to reducing illegal drug activity and related criminal activity;
830 (p) request, receive, and evaluate data and recommendations collected and reported by
831 agencies and contractors related to policies recommended by the commission regarding
832 recidivism reduction;
833 (q) establish and administer a performance incentive grant program that allocates funds
834 appropriated by the Legislature to programs and practices implemented by counties that reduce
835 recidivism and reduce the number of offenders per capita who are incarcerated;
836 (r) oversee or designate an entity to oversee the implementation of juvenile justice
838 (s) make rules and administer the juvenile holding room standards and juvenile jail
839 standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
840 pursuant to 42 U.S.C. Sec. 5633;
841 (t) allocate and administer grants, from money made available, for pilot qualifying
842 education programs;
843 (u) oversee the trauma-informed justice program described in Section 63M-7-209; and
844 (v) administer the Child Welfare Parental Defense Program in accordance with
845 Sections 63M-7-211, 63M-7-211.1, and 63M-7-211.2.
846 (2) If the commission designates an entity under Subsection (1)(r), the commission
847 shall ensure that the membership of the entity includes representation from the three branches
848 of government and, as determined by the commission, representation from relevant stakeholder
849 groups across all parts of the juvenile justice system, including county representation.
850 Section 13. Section 63M-7-213, which is renumbered from Section 51-9-411 is
851 renumbered and amended to read:
854 (1) As used in this section:
857 created in Section 63M-7-201.
860 nonprofit organization, that works to prevent illegal drug activity and enforce laws regarding
861 illegal drug activity and related criminal activity by:
862 (i) programs, including education, prevention, treatment, and research programs; and
863 (ii) enforcement of laws regarding illegal drugs.
881 (2) The commission shall implement law enforcement operations and programs related
882 to reducing illegal drug activity as listed in Subsection (3).
884 $2,500,000, depending upon funding available from other sources, to directly fund the
885 operational costs of state and local law enforcement agencies' drug or crime task forces,
886 including multijurisdictional task forces.
887 (b) The second priority of the commission is to allocate grants for specified law
888 enforcement agency functions and other agency functions as the commission finds appropriate
889 to more effectively reduce illegal drug activity and related criminal activity, including
890 providing education, prevention, treatment, and research programs.
892 commission shall consider:
893 (i) the demonstrated ability of the agency to appropriately use the grant to implement
894 the proposed functions and how this function or task force will add to the law enforcement
895 agency's current efforts to reduce illegal drug activity and related criminal activity; and
896 (ii) the agency's cooperation with other state and local agencies and task forces.
897 (b) Agencies qualify for a grant only if they demonstrate compliance with all reporting
898 and policy requirements applicable under this section and under Title 63M, Chapter 7,
899 Criminal Justice and Substance Abuse, in order to qualify as a potential grant recipient.
901 by the agency's governing body, and a determination that the grant money is nonlapsing.
903 only for the purposes stated by the commission in the grant.
905 the commission under this section shall prepare[
907 (b) The report shall include the following regarding each grant:
913 officer or designee and by the agency's legal counsel, that all grant funds were used for law
914 enforcement operations and programs approved by the commission and that relate to reducing
915 illegal drug activity and related criminal activity, as specified in the grant.
916 Section 14. Section 63M-7-502 is amended to read:
917 63M-7-502. Definitions.
918 As used in this chapter:
919 (1) "Accomplice" means a person who has engaged in criminal conduct as defined in
920 Section 76-2-202.
921 (2) "Board" means the Crime Victim Reparations and Assistance Board created under
922 Section 63M-7-504.
923 (3) "Bodily injury" means physical pain, illness, or any impairment of physical
925 (4) "Claim" means:
926 (a) the victim's application or request for a reparations award; and
927 (b) the formal action taken by a victim to apply for reparations pursuant to this chapter.
928 (5) "Claimant" means any of the following claiming reparations under this chapter:
929 (a) a victim;
930 (b) a dependent of a deceased victim;
931 (c) a representative other than a collateral source; or
932 (d) the person or representative who files a claim on behalf of a victim.
933 (6) "Child" means an unemancipated person who is under 18 years [
934 (7) "Collateral source" means the definition as provided in Section 63M-7-513.
935 (8) "Contested case" means a case which the claimant contests, claiming the award was
936 either inadequate or denied, or which a county attorney, a district attorney, a law enforcement
937 officer, or other individual related to the criminal investigation proffers reasonable evidence of
938 the claimant's lack of cooperation in the prosecution of a case after an award has already been
940 (9) (a) "Criminally injurious conduct" other than acts of war declared or not declared
941 means conduct that:
942 (i) is or would be subject to prosecution in this state under Section 76-1-201;
943 (ii) occurs or is attempted;
944 (iii) causes, or poses a substantial threat of causing, bodily injury or death;
945 (iv) is punishable by fine, imprisonment, or death if the person engaging in the conduct
946 possessed the capacity to commit the conduct; and
947 (v) does not arise out of the ownership, maintenance, or use of a motor vehicle,
948 aircraft, or water craft, unless the conduct is intended to cause bodily injury or death, or is
949 conduct which is or would be punishable under Title 76, Chapter 5, Offenses Against the
950 Person, or as any offense chargeable as driving under the influence of alcohol or drugs.
951 (b) "Criminally injurious conduct" includes an act of terrorism, as defined in 18 U.S.C.
952 Sec. 2331 committed outside of the United States against a resident of this state. "Terrorism"
953 does not include an "act of war" as defined in 18 U.S.C. Sec. 2331.
954 (c) "Criminally injurious conduct" includes a felony violation of Section 76-7-101 and
955 other conduct leading to the psychological injury of a person resulting from living in a setting
956 that involves a bigamous relationship.
957 (10) "Dependent" means a natural person to whom the victim is wholly or partially
958 legally responsible for care or support and includes a child of the victim born after the victim's
960 (11) "Dependent's economic loss" means loss after the victim's death of contributions
961 of things of economic value to the victim's dependent, not including services the dependent
962 would have received from the victim if the victim had not suffered the fatal injury, less
963 expenses of the dependent avoided by reason of victim's death.
964 (12) "Dependent's replacement services loss" means loss reasonably and necessarily
965 incurred by the dependent after the victim's death in obtaining services in lieu of those the
966 decedent would have performed for the victim's benefit if the victim had not suffered the fatal
967 injury, less expenses of the dependent avoided by reason of the victim's death and not
968 subtracted in calculating the dependent's economic loss.
969 (13) "Director" means the director of the Utah Office for Victims of Crime.
970 (14) "Disposition" means the sentencing or determination of penalty or punishment to
971 be imposed upon a person:
972 (a) convicted of a crime;
973 (b) found delinquent; or
974 (c) against whom a finding of sufficient facts for conviction or finding of delinquency
975 is made.
976 (15) "Economic loss" means economic detriment consisting only of allowable expense,
977 work loss, replacement services loss, and if injury causes death, dependent's economic loss and
978 dependent's replacement service loss. Noneconomic detriment is not loss, but economic
979 detriment is loss although caused by pain and suffering or physical impairment.
980 (16) "Elderly victim" means a person 60 years [
981 (17) "Fraudulent claim" means a filed claim based on material misrepresentation of
982 fact and intended to deceive the reparations staff for the purpose of obtaining reparation funds
983 for which the claimant is not eligible as provided in Section 63M-7-510.
984 (18) "Fund" means the Crime Victim Reparations Fund created in Section [
986 (19) "Law enforcement officer" means a law enforcement officer as defined in Section
988 (20) "Medical examination" means a physical examination necessary to document
989 criminally injurious conduct but does not include mental health evaluations for the prosecution
990 and investigation of a crime.
991 (21) "Mental health counseling" means outpatient and inpatient counseling necessitated
992 as a result of criminally injurious conduct. The definition of mental health counseling is
993 subject to rules promulgated by the board pursuant to Title 63G, Chapter 3, Utah
994 Administrative Rulemaking Act.
995 (22) "Misconduct" as provided in Subsection 63M-7-512(1)(b) means conduct by the
996 victim which was attributable to the injury or death of the victim as provided by rules
997 promulgated by the board pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking
999 (23) "Noneconomic detriment" means pain, suffering, inconvenience, physical
1000 impairment, and other nonpecuniary damage, except as provided in this chapter.
1001 (24) "Pecuniary loss" does not include loss attributable to pain and suffering except as
1002 otherwise provided in this chapter.
1003 (25) "Offender" means a person who has violated the criminal code through criminally
1004 injurious conduct regardless of whether the person is arrested, prosecuted, or convicted.
1005 (26) "Offense" means a violation of the criminal code.
1006 (27) "Perpetrator" means the person who actually participated in the criminally
1007 injurious conduct.
1008 (28) "Reparations officer" means a person employed by the office to investigate claims
1009 of victims and award reparations under this chapter, and includes the director when the director
1010 is acting as a reparations officer.
1011 (29) "Replacement service loss" means expenses reasonably and necessarily incurred in
1012 obtaining ordinary and necessary services in lieu of those the injured person would have
1013 performed, not for income but the benefit of the injured person or the injured person's
1014 dependents if the injured person had not been injured.
1015 (30) "Representative" means the victim, immediate family member, legal guardian,
1016 attorney, conservator, executor, or an heir of a person but does not include service providers.
1017 (31) "Restitution" means money or services an appropriate authority orders an offender
1018 to pay or render to a victim of the offender's conduct.
1019 (32) "Secondary victim" means a person who is traumatically affected by the criminally
1020 injurious conduct subject to rules promulgated by the board pursuant to Title 63G, Chapter 3,
1021 Utah Administrative Rulemaking Act.
1022 (33) "Service provider" means a person or agency who provides a service to crime
1023 victims for a monetary fee except attorneys as provided in Section 63M-7-524.
1024 (34) "Utah Office for Victims of Crime" or "office" means the director, the reparations
1025 and assistance officers, and any other staff employed for the purpose of carrying out the
1026 provisions of this chapter.
1027 (35) (a) "Victim" means a person who suffers bodily or psychological injury or death as
1028 a direct result of criminally injurious conduct or of the production of pornography in violation
1029 of Section 76-5b-201 if the person is a minor.
1030 (b) "Victim" does not include a person who participated in or observed the judicial
1031 proceedings against an offender unless otherwise provided by statute or rule.
1032 (c) "Victim" includes a resident of this state who is injured or killed by an act of
1033 terrorism, as defined in 18 U.S.C. Sec. 2331, committed outside of the United States.
1034 (36) "Work loss" means loss of income from work the injured victim would have
1035 performed if the injured victim had not been injured and expenses reasonably incurred by the
1036 injured victim in obtaining services in lieu of those the injured victim would have performed
1037 for income, reduced by any income from substitute work the injured victim was capable of
1038 performing but unreasonably failed to undertake.
1039 Section 15. Section 63M-7-526 is enacted to read:
1040 63M-7-526. Crime Victims Reparations Fund.
1041 (1) (a) There is created an expendable special revenue fund known as the "Crime
1042 Victim Reparations Fund" to be administered and distributed as provided in this section by the
1043 office in cooperation with the Division of Finance.
1044 (b) The fund shall consist of:
1045 (i) appropriations by the Legislature; and
1046 (ii) funds collected under Subsections (2) and (3).
1047 (c) Money deposited in this fund is for victim reparations, other victim services, and, as
1048 appropriated, for administrative costs of the office.
1049 (2) (a) A percentage of the income earned by inmates working for correctional
1050 industries in a federally certified private sector/prison industries enhancement program shall be
1051 deposited in the fund.
1052 (b) The percentage of income deducted from inmate pay under Subsection (2)(a) shall
1053 be determined by the executive director of the Department of Corrections in accordance with
1054 the requirements of the private sector/prison industries enhancement program.
1055 (3) (a) Judges are encouraged to, and may in their discretion, impose additional
1056 reparations to be paid into the fund by convicted criminals.
1057 (b) The additional discretionary reparations may not exceed the statutory maximum
1058 fine permitted by Title 76, Utah Criminal Code, for that offense.
1059 Section 16. Section 67-5a-8 is amended to read:
1060 67-5a-8. Administration.
1068 minimize costs of administration and utilize existing training facilities and resources where
1069 possible so the greatest portion of the funds available are expended for training prosecuting
1072 (a) Section 63A-3-106;
1073 (b) Section 63A-3-107; and
1074 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1076 Section 17. Section 77-38-302 is amended to read:
1077 77-38-302. Definitions.
1078 As used in this part:
1079 (1) "Convicted person" means a person who has been convicted of a crime.
1080 (2) "Conviction" means an adjudication by a federal or state court resulting from a trial
1081 or plea, including a plea of no contest, nolo contendere, a finding of not guilty due to insanity,
1082 or not guilty but having a mental illness regardless of whether the sentence was imposed or
1084 (3) "Fund" means the Crime Victim Reparations Fund created in Section [
1086 (4) "Memorabilia" means any tangible property of a convicted person or a
1087 representative or assignee of a convicted person, the value of which is enhanced by the
1088 notoriety gained from the criminal activity for which the person was convicted.
1089 (5) "Notoriety of crimes contract" means a contract or other agreement with a
1090 convicted person, or a representative or assignee of a convicted person, with respect to:
1091 (a) the reenactment of a crime in any manner including a movie, book, magazine
1092 article, Internet website, recording, phonograph record, radio or television presentation, or live
1093 entertainment of any kind;
1094 (b) the expression of the convicted person's thoughts, feelings, opinions, or emotions
1095 regarding a crime involving or causing personal injury, death, or property loss as a direct result
1096 of the crime; or
1097 (c) the payment or exchange of any money or other consideration or the proceeds or
1098 profits that directly or indirectly result from the notoriety of the crime.
1099 (6) "Office" means the Utah Office for Victims of Crime.
1100 (7) "Profit" means any income or benefit:
1101 (a) over and above the fair market value of tangible property that is received upon the
1102 sale or transfer of memorabilia; or
1103 (b) any money, negotiable instruments, securities, or other consideration received or
1104 contracted for gain which is traceable to a notoriety of crimes contract.
1105 Section 18. Section 78A-2-301 is amended to read:
1106 78A-2-301. Civil fees of the courts of record -- Courts complex design.
1107 (1) (a) The fee for filing any civil complaint or petition invoking the jurisdiction of a
1108 court of record not governed by another subsection is [
1109 (b) The fee for filing a complaint or petition is:
1110 (i) [
1111 costs, interest, and attorney fees is $2,000 or less;
1112 (ii) [
1113 costs, interest, and attorney fees is greater than $2,000 and less than $10,000;
1114 (iii) [
1116 (iv) [
1117 Chapter 4, Separate Maintenance;
1118 (v) $35 for a motion for temporary separation order filed under Section 30-3-4.5;
1119 (vi) $125 if the petition is for removal from the Sex Offender and Kidnap Offender
1120 Registry under Section 77-41-112; and
1121 (vii) $35 if the petition is for guardianship and the prospective ward is the biological or
1122 adoptive child of the petitioner.
1123 (c) The fee for filing a small claims affidavit is:
1124 (i) $60 if the claim for damages or amount in interpleader exclusive of court costs,
1125 interest, and attorney fees is $2,000 or less;
1126 (ii) $100 if the claim for damages or amount in interpleader exclusive of court costs,
1127 interest, and attorney fees is greater than $2,000, but less than $7,500; and
1128 (iii) $185 if the claim for damages or amount in interpleader exclusive of court costs,
1129 interest, and attorney fees is $7,500 or more.
1130 (d) The fee for filing a counter claim, cross claim, complaint in intervention, third party
1131 complaint, or other claim for relief against an existing or joined party other than the original
1132 complaint or petition is:
1133 (i) $55 if the claim for relief exclusive of court costs, interest, and attorney fees is
1134 $2,000 or less;
1135 (ii) [
1136 fees is greater than $2,000 and less than $10,000;
1137 (iii) [
1138 relief is $10,000 or more, or the party seeks relief other than monetary damages; and
1139 (iv) [
1140 Title 30, Chapter 4, Separate Maintenance.
1141 (e) The fee for filing a small claims counter affidavit is:
1142 (i) $50 if the claim for relief exclusive of court costs, interest, and attorney fees is
1143 $2,000 or less;
1144 (ii) $70 if the claim for relief exclusive of court costs, interest, and attorney fees is
1145 greater than $2,000, but less than $7,500; and
1146 (iii) $120 if the claim for relief exclusive of court costs, interest, and attorney fees is
1147 $7,500 or more.
1148 (f) The fee for depositing funds under Section 57-1-29 when not associated with an
1149 action already before the court is determined under Subsection (1)(b) based on the amount
1151 (g) The fee for filing a petition is:
1152 (i) [
1153 claims department; and
1154 (ii) [
1155 with Section 10-3-703.7.
1156 (h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or
1157 petition for writ of certiorari is [
1158 (i) The fee for filing a petition for expungement is [
1159 (j) (i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be
1160 allocated to and between the Judges' Contributory Retirement Trust Fund and the Judges'
1161 Noncontributory Retirement Trust Fund, as provided in Title 49, Chapter 17, Judges'
1162 Contributory Retirement Act, and Title 49, Chapter 18, Judges' Noncontributory Retirement
1164 (ii) Four dollars of the fees established by Subsections (1)(a) through (i) shall be
1165 allocated by the state treasurer to be deposited in the restricted account, Children's Legal
1166 Defense Account, as provided in Section 51-9-408.
1167 (iii) Three dollars of the fees established under Subsections (1)(a) through (e), (1)(g),
1168 and (1)(s) shall be allocated to and deposited with the Dispute Resolution Account as provided
1169 in Section 78B-6-209.
1170 (iv) [
1171 (iv), (1)(d)(iii) and (iv), (1)(g)(ii), (1)(h), and (1)(i) shall be allocated by the state treasurer to be
1172 deposited in the restricted account, Court Security Account, as provided in Section 78A-2-602.
1173 (v) [
1174 (1)(d)(ii) and (1)(g)(i) shall be allocated by the state treasurer to be deposited in the restricted
1175 account, Court Security Account, as provided in Section 78A-2-602.
1176 (k) The fee for filing a judgment, order, or decree of a court of another state or of the
1177 United States is $35.
1178 (l) The fee for filing a renewal of judgment in accordance with Section 78B-6-1801 is
1179 50% of the fee for filing an original action seeking the same relief.
1180 (m) The fee for filing probate or child custody documents from another state is $35.
1181 (n) (i) The fee for filing an abstract or transcript of judgment, order, or decree of the
1183 (ii) The fee for filing an abstract or transcript of judgment of a court of law of this state
1184 or a judgment, order, or decree of an administrative agency, commission, board, council, or
1185 hearing officer of this state or of its political subdivisions other than the [
1186 Commission, is $50.
1187 (o) The fee for filing a judgment by confession without action under Section
1188 78B-5-205 is $35.
1189 (p) The fee for filing an award of arbitration for confirmation, modification, or
1190 vacation under Title 78B, Chapter 11, Utah Uniform Arbitration Act, that is not part of an
1191 action before the court is $35.
1192 (q) The fee for filing a petition or counter-petition to modify a domestic relations order
1193 other than a protective order or stalking injunction is $100.
1194 (r) The fee for filing any accounting required by law is:
1195 (i) $15 for an estate valued at $50,000 or less;
1196 (ii) $30 for an estate valued at $75,000 or less but more than $50,000;
1197 (iii) $50 for an estate valued at $112,000 or less but more than $75,000;
1198 (iv) $90 for an estate valued at $168,000 or less but more than $112,000; and
1199 (v) $175 for an estate valued at more than $168,000.
1200 (s) The fee for filing a demand for a civil jury is $250.
1201 (t) The fee for filing a notice of deposition in this state concerning an action pending in
1202 another state under Utah Rules of Civil Procedure, Rule 30 is $35.
1203 (u) The fee for filing documents that require judicial approval but are not part of an
1204 action before the court is $35.
1205 (v) The fee for a petition to open a sealed record is $35.
1206 (w) The fee for a writ of replevin, attachment, execution, or garnishment is $50 in
1207 addition to any fee for a complaint or petition.
1208 (x) (i) The fee for a petition for authorization for a minor to marry required by Section
1209 30-1-9 is $5.
1210 (ii) The fee for a petition for emancipation of a minor provided in Title 78A, Chapter 6,
1211 Part 8, Emancipation, is $50.
1212 (y) The fee for a certificate issued under Section 26-2-25 is $8.
1213 (z) The fee for a certified copy of a document is $4 per document plus 50 cents per
1215 (aa) The fee for an exemplified copy of a document is $6 per document plus 50 cents
1216 per page.
1217 (bb) The Judicial Council shall by rule establish a schedule of fees for copies of
1218 documents and forms and for the search and retrieval of records under Title 63G, Chapter 2,
1219 Government Records Access and Management Act. Fees under this Subsection (1)(bb) shall
1220 be credited to the court as a reimbursement of expenditures.
1221 (cc) There is no fee for services or the filing of documents not listed in this section or
1222 otherwise provided by law.
1223 (dd) Except as provided in this section, all fees collected under this section are paid to
1224 the General Fund. Except as provided in this section, all fees shall be paid at the time the clerk
1225 accepts the pleading for filing or performs the requested service.
1226 (ee) The filing fees under this section may not be charged to the state, its agencies, or
1227 political subdivisions filing or defending any action. In judgments awarded in favor of the
1228 state, its agencies, or political subdivisions, except the Office of Recovery Services, the court
1229 shall order the filing fees and collection costs to be paid by the judgment debtor. The sums
1230 collected under this Subsection (1)(ee) shall be applied to the fees after credit to the judgment,
1231 order, fine, tax, lien, or other penalty and costs permitted by law.
1232 (2) (a) (i) From March 17, 1994, until June 30, 1998, the state court administrator shall
1233 transfer all revenues representing the difference between the fees in effect after May 2, 1994,
1234 and the fees in effect before February 1, 1994, as dedicated credits to the Division of Facilities
1235 Construction and Management Capital Projects Fund.
1236 (ii) (A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities
1237 Construction and Management shall use up to $3,750,000 of the revenue deposited in the
1238 Capital Projects Fund under this Subsection (2)(a) to design and take other actions necessary to
1239 initiate the development of a courts complex in Salt Lake City.
1240 (B) If the Legislature approves funding for construction of a courts complex in Salt
1241 Lake City in the 1995 Annual General Session, the Division of Facilities Construction and
1242 Management shall use the revenue deposited in the Capital Projects Fund under this Subsection
1243 (2)(a)(ii) to construct a courts complex in Salt Lake City.
1244 (C) After the courts complex is completed and all bills connected with its construction
1245 have been paid, the Division of Facilities Construction and Management shall use any money
1246 remaining in the Capital Projects Fund under this Subsection (2)(a)(ii) to fund the Vernal
1247 District Court building.
1248 (iii) The Division of Facilities Construction and Management may enter into
1249 agreements and make expenditures related to this project before the receipt of revenues
1250 provided for under this Subsection (2)(a)(iii).
1251 (iv) The Division of Facilities Construction and Management shall:
1252 (A) make those expenditures from unexpended and unencumbered building funds
1253 already appropriated to the Capital Projects Fund; and
1254 (B) reimburse the Capital Projects Fund upon receipt of the revenues provided for
1255 under this Subsection (2).
1256 (b) After June 30, 1998, the state court administrator shall ensure that all revenues
1257 representing the difference between the fees in effect after May 2, 1994, and the fees in effect
1258 before February 1, 1994, are transferred to the Division of Finance for deposit in the restricted
1260 (c) The Division of Finance shall deposit all revenues received from the state court
1261 administrator into the restricted account created by this section.
1262 (d) (i) From May 1, 1995, until June 30, 1998, the state court administrator shall
1263 transfer $7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor
1264 Vehicles, in a court of record to the Division of Facilities Construction and Management
1265 Capital Projects Fund. The division of money pursuant to Section 78A-5-110 shall be
1266 calculated on the balance of the fine or bail forfeiture paid.
1267 (ii) After June 30, 1998, the state court administrator or a municipality shall transfer $7
1268 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in a
1269 court of record to the Division of Finance for deposit in the restricted account created by this
1270 section. The division of money pursuant to Section 78A-5-110 shall be calculated on the
1271 balance of the fine or bail forfeiture paid.
1272 (3) (a) There is created within the General Fund a restricted account known as the State
1273 Courts Complex Account.
1274 (b) The Legislature may appropriate money from the restricted account to the state
1275 court administrator for the following purposes only:
1276 (i) to repay costs associated with the construction of the court complex that were
1277 funded from sources other than revenues provided for under this Subsection (3)(b)(i); and
1278 (ii) to cover operations and maintenance costs on the court complex.
1279 Section 19. Section 78A-2-601 is amended to read:
1280 78A-2-601. Security surcharge -- Application and exemptions -- Deposit in
1281 restricted account.
1282 (1) In addition to any fine, penalty, forfeiture, or other surcharge, a security surcharge
1283 of [
1284 delinquency judgments.
1285 (2) The security surcharge may not be imposed upon:
1286 (a) nonmoving traffic violations;
1287 (b) community service; and
1288 (c) penalties assessed by the juvenile court as part of the nonjudicial adjustment of a
1289 case under Section 78A-6-602.
1290 (3) The security surcharge shall be collected after the surcharge under Section
1291 51-9-401, but before any fine, and deposited with the state treasurer. A fine that would
1292 otherwise have been charged may not be reduced due to the imposition of the security
1294 (4) The state treasurer shall deposit the collected security surcharge in the restricted
1295 account, Court Security Account, as provided in Section 78A-2-602.
1296 Section 20. Section 78A-6-117 is amended to read:
1297 78A-6-117. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
1298 Enumeration of possible court orders -- Considerations of court.
1299 (1) (a) Except as provided in Subsection (1)(b), when a minor is found to come within
1300 Section 78A-6-103, the court shall adjudicate the case and make findings of fact upon which
1301 the court bases the court's jurisdiction over the minor.
1302 (b) For a case described in Subsection 78A-6-103(1), findings of fact are not necessary.
1303 (c) If the court adjudicates a minor for a crime of violence or an offense in violation of
1304 Title 76, Chapter 10, Part 5, Weapons, the court shall order that notice of the adjudication be
1305 provided to the school superintendent of the district in which the minor resides or attends
1306 school. Notice shall be made to the district superintendent within three days of the
1307 adjudication and shall include:
1308 (i) the specific offenses for which the minor was adjudicated; and
1309 (ii) if available, whether the victim:
1310 (A) resides in the same school district as the minor; or
1311 (B) attends the same school as the minor.
1312 (d) An adjudicated minor shall undergo a risk screening or, if indicated, a validated risk
1313 and needs assessment. Results of the screening or assessment shall be used to inform
1314 disposition decisions and case planning. Assessment results, if available, may not be shared
1315 with the court before adjudication.
1316 (2) Upon adjudication the court may make the following dispositions by court order:
1317 (a) (i) the court may place the minor on probation or under protective supervision in
1318 the minor's own home and upon conditions determined by the court, including community or
1319 compensatory service;
1320 (ii) a condition ordered by the court under Subsection (2)(a)(i):
1321 (A) shall be individualized and address a specific risk or need;
1322 (B) shall be based on information provided to the court, including the results of a
1323 validated risk and needs assessment conducted under Subsection (1)(d);
1324 (C) if the court orders treatment, shall be based on a validated risk and needs
1325 assessment conducted under Subsection (1)(d); and
1326 (D) if the court orders protective supervision, may not designate the division as the
1327 provider of protective supervision unless there is a petition regarding abuse, neglect, or
1328 dependency before the court requesting that the division provide protective supervision;
1329 (iii) a court may not issue a standard order that contains control-oriented conditions;
1330 (iv) prohibitions on weapon possession, where appropriate, shall be specific to the
1331 minor and not the minor's family;
1332 (v) if the court orders probation, the court may direct that notice of the court's order be
1333 provided to designated individuals in the local law enforcement agency and the school or
1334 transferee school, if applicable, that the minor attends. The designated individuals may receive
1335 the information for purposes of the minor's supervision and student safety; and
1336 (vi) an employee of the local law enforcement agency and the school that the minor
1337 attends who discloses the court's order of probation is not:
1338 (A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
1339 provided in Section 63G-7-202; and
1340 (B) civilly or criminally liable except when the disclosure constitutes a knowing
1341 violation of Section 63G-2-801.
1342 (b) The court may place the minor in the legal custody of a relative or other suitable
1343 individual, with or without probation or other court-specified child welfare services, but the
1344 juvenile court may not assume the function of developing foster home services.
1345 (c) The court shall only vest legal custody of the minor in the Division of Juvenile
1346 Justice Services and order the Division of Juvenile Justice Services to provide dispositional
1347 recommendations and services if:
1348 (i) nonresidential treatment options have been exhausted or nonresidential treatment
1349 options are not appropriate; and
1350 (ii) the minor is adjudicated under this section for a felony offense, a misdemeanor
1351 when the minor has five prior misdemeanors or felony adjudications arising from separate
1352 criminal episodes, or a misdemeanor involving the use of a dangerous weapon as defined in
1353 Section 76-1-601.
1354 (d) (i) The court may not vest legal custody of a minor in the Division of Juvenile
1355 Justice Services for:
1356 (A) contempt of court except to the extent permitted under Section 78A-6-1101;
1357 (B) a violation of probation;
1358 (C) failure to pay a fine, fee, restitution, or other financial obligation;
1359 (D) unfinished compensatory or community service hours;
1360 (E) an infraction; or
1361 (F) a status offense.
1362 (ii) (A) A minor who is 18 years old or older, but younger than 21 years old, may
1363 petition the court to express the minor's desire to be removed from the jurisdiction of the
1364 juvenile court and from the custody of the Division of Child and Family Services if the minor
1365 is in the division's custody on grounds of abuse, neglect, or dependency.
1366 (B) If the minor's parent's rights have not been terminated in accordance with Part 5,
1367 Termination of Parental Rights Act, the minor's petition shall contain a statement from the
1368 minor's parent or guardian agreeing that the minor should be removed from the custody of the
1369 Division of Child and Family Services.
1370 (C) The minor and the minor's parent or guardian shall sign the petition.
1371 (D) The court shall review the petition within 14 days.
1372 (E) The court shall remove the minor from the custody of the Division of Child and
1373 Family Services if the minor and the minor's parent or guardian have met the requirements
1374 described in Subsections (2)(d)(ii)(B) and (C) and if the court finds, based on input from the
1375 Division of Child and Family Services, the minor's guardian ad litem, and the Office of the
1376 Attorney General, that the minor does not pose an imminent threat to self or others.
1377 (F) A minor removed from custody under Subsection (2)(d)(ii)(E) may, within 90 days
1378 of the date of removal, petition the court to re-enter custody of the Division of Child and
1379 Family Services.
1380 (G) Upon receiving a petition under Subsection (2)(d)(ii)(F), the court shall order the
1381 Division of Child and Family Services to take custody of the minor based on the findings the
1382 court entered when the court originally vested custody in the Division of Child and Family
1384 (e) The court shall only commit a minor to the Division of Juvenile Justice Services for
1385 secure confinement if the court finds that the minor poses a risk of harm to others and is
1386 adjudicated under this section for:
1387 (i) a felony offense;
1388 (ii) a misdemeanor if the minor has five prior misdemeanor or felony adjudications
1389 arising from separate criminal episodes; or
1390 (iii) a misdemeanor involving use of a dangerous weapon as defined in Section
1392 (f) (i) A minor under the jurisdiction of the court solely on the ground of abuse,
1393 neglect, or dependency under Subsection 78A-6-103(1)(b) may not be committed to the
1394 Division of Juvenile Justice Services.
1395 (ii) The court may not commit a minor to the Division of Juvenile Justice Services for
1396 secure confinement for:
1397 (A) contempt of court;
1398 (B) a violation of probation;
1399 (C) failure to pay a fine, fee, restitution, or other financial obligation;
1400 (D) unfinished compensatory or community service hours;
1401 (E) an infraction; or
1402 (F) a status offense.
1403 (g) The court may order nonresidential, diagnostic assessment, including substance use
1404 disorder, mental health, psychological, or sexual behavior risk assessment.
1405 (h) (i) The court may commit a minor to a place of detention or an alternative to
1406 detention for a period not to exceed 30 cumulative days per adjudication subject to the court
1407 retaining continuing jurisdiction over the minor. This commitment may not be suspended upon
1408 conditions ordered by the court.
1409 (ii) This Subsection (2)(h) applies only to a minor adjudicated for:
1410 (A) an act which if committed by an adult would be a criminal offense; or
1411 (B) contempt of court under Section 78A-6-1101.
1412 (iii) The court may not commit a minor to a place of detention for:
1413 (A) contempt of court except to the extent allowed under Section 78A-6-1101;
1414 (B) a violation of probation;
1415 (C) failure to pay a fine, fee, restitution, or other financial obligation;
1416 (D) unfinished compensatory or community service hours;
1417 (E) an infraction; or
1418 (F) a status offense.
1419 (iv) (A) Time spent in detention pre-adjudication shall be credited toward the 30
1420 cumulative days eligible as a disposition under Subsection (2)(h)(i). If the minor spent more
1421 than 30 days in a place of detention before disposition, the court may not commit a minor to
1422 detention under this section.
1423 (B) Notwithstanding Subsection (2)(h)(iv)(A), the court may commit a minor for a
1424 maximum of seven days while a minor is awaiting placement under Subsection (2)(c). Only the
1425 seven days under this Subsection (2)(h)(iv)(B) may be combined with a nonsecure placement.
1426 (v) Notwithstanding Subsection (2)(v), no more than seven days of detention may be
1427 ordered in combination with an order under Subsection (2)(c).
1428 (i) The court may vest legal custody of an abused, neglected, or dependent minor in the
1429 Division of Child and Family Services or any other appropriate person in accordance with the
1430 requirements and procedures of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency
1432 (j) (i) The court may order a minor to repair, replace, or otherwise make restitution for
1433 material loss caused by the minor's wrongful act or for conduct for which the minor agrees to
1434 make restitution.
1435 (ii) A victim, as defined in Subsection 77-38a-102(14), of an offense that involves as an
1436 element a scheme, a conspiracy, or a pattern of criminal activity, includes any person directly
1437 harmed by the minor's delinquency conduct in the course of the scheme, conspiracy, or pattern.
1438 (iii) If the victim and the minor agree to participate, the court may refer the case to a
1439 restorative justice program such as victim offender mediation to address how loss resulting
1440 from the adjudicated act may be addressed.
1441 (iv) For the purpose of determining whether and how much restitution is appropriate,
1442 the court shall consider the following:
1443 (A) restitution shall only be ordered for the victim's material loss;
1444 (B) restitution may not be ordered if the court finds that the minor is unable to pay or
1445 acquire the means to pay;
1446 (C) any amount paid by the minor to the victim in civil penalty shall be credited against
1447 restitution owed; and
1448 (D) the length of the presumptive term of supervision shall be taken into account in
1449 determining the minor's ability to satisfy the restitution order within the presumptive term.
1450 (v) Any amount paid to the victim in restitution shall be credited against liability in a
1451 civil suit.
1452 (vi) The court may also require a minor to reimburse an individual, entity, or
1453 governmental agency who offered and paid a reward to a person or persons for providing
1454 information resulting in a court adjudication that the minor is within the jurisdiction of the
1455 juvenile court due to the commission of a criminal offense.
1456 (vii) If a minor is returned to this state under the Interstate Compact on Juveniles, the
1457 court may order the minor to make restitution for costs expended by any governmental entity
1458 for the return.
1459 (viii) The prosecutor shall submit a request for restitution to the court at the time of
1460 disposition, if feasible, otherwise within three months after disposition.
1461 (ix) A financial disposition ordered shall prioritize the payment of restitution.
1462 (k) The court may issue orders necessary for the collection of restitution and fines
1463 ordered by the court, including garnishments, wage withholdings, and executions, except for an
1464 order that changes the custody of the minor, including detention or other secure or nonsecure
1465 residential placements.
1466 (l) (i) The court may through the court's probation department encourage the
1467 development of nonresidential employment or work programs to enable a minor to fulfill the
1468 minor's obligations under Subsection (2)(j) and for other purposes considered desirable by the
1470 (ii) Consistent with the order of the court, the probation officer may permit a minor
1471 found to be within the jurisdiction of the court to participate in a program of work restitution or
1472 compensatory service in lieu of paying part or all of the fine imposed by the court.
1473 (iii) The court may order the minor to:
1474 (A) pay a fine, fee, restitution, or other cost; or
1475 (B) complete service hours.
1476 (iv) If the court orders a minor to pay a fine, fee, restitution, or other cost, or to
1477 complete service hours, those dispositions shall be considered collectively to ensure that the
1479 (A) is reasonable;
1480 (B) prioritizes restitution; and
1481 (C) takes into account the minor's ability to satisfy the order within the presumptive
1482 term of supervision.
1483 (v) If the court orders a minor to pay a fine, fee, or other cost, or complete service
1484 hours, the cumulative order shall be limited per criminal episode as follows:
1485 (A) for children under age 16 at adjudication, the court may impose up to [
1486 or up to 24 hours of service; and
1487 (B) for minors 16 and older at adjudication, the court may impose up to [
1488 up to 36 hours of service.
1489 (vi) The cumulative order under Subsection (2)(l)(v) does not include restitution.
1490 (vii) If the court converts a fine, fee, or restitution amount to service hours, the rate of
1491 conversion shall be no less than the minimum wage.
1492 (m) (i) In violations of traffic laws within the court's jurisdiction, when the court finds
1493 that as part of the commission of the violation the minor was in actual physical control of a
1494 motor vehicle, the court may, in addition to any other disposition authorized by this section:
1495 (A) restrain the minor from driving for periods of time the court considers necessary;
1497 (B) take possession of the minor's driver license.
1498 (ii) The court may enter any other eligible disposition under Subsection (2)(m)(i)
1499 except for a disposition under Subsection (2)(c), (d), (e), or (f). However, the suspension of
1500 driving privileges for an offense under Section 78A-6-606 is governed only by Section
1502 (n) (i) The court may order a minor to complete community or compensatory service
1503 hours in accordance with Subsections (2)(l)(iv) and (v).
1504 (ii) When community service is ordered, the presumptive service order shall include
1505 between five and 10 hours of service.
1506 (iii) Satisfactory completion of an approved substance use disorder prevention or
1507 treatment program or other court-ordered condition may be credited by the court as
1508 compensatory service hours.
1509 (iv) When a minor is found within the jurisdiction of the juvenile court under Section
1510 78A-6-103 because of a violation of Section 76-6-106 or 76-6-206 using graffiti, the court may
1511 order the minor to clean up graffiti created by the minor or any other individual at a time and
1512 place within the jurisdiction of the court. Compensatory service ordered under this section may
1513 be performed in the presence and under the direct supervision of the minor's parent or legal
1514 guardian. The parent or legal guardian shall report completion of the order to the court. The
1515 court may also require the minor to perform other alternative forms of restitution or repair to
1516 the damaged property pursuant to Subsection (2)(j).
1517 (o) (i) Subject to Subsection (2)(o)(iii), the court may order that a minor:
1518 (A) be examined or treated by a physician, surgeon, psychiatrist, or psychologist; or
1519 (B) receive other special care.
1520 (ii) For purposes of receiving the examination, treatment, or care described in
1521 Subsection (2)(o)(i), the court may place the minor in a hospital or other suitable facility that is
1522 not a secure facility or secure detention.
1523 (iii) In determining whether to order the examination, treatment, or care described in
1524 Subsection (2)(o)(i), the court shall consider:
1525 (A) the desires of the minor;
1526 (B) if the minor is under the age of 18, the desires of the parents or guardian of the
1527 minor; and
1528 (C) whether the potential benefits of the examination, treatment, or care outweigh the
1529 potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
1530 function impairment, or emotional or physical harm resulting from the compulsory nature of
1531 the examination, treatment, or care.
1532 (iv) The Division of Child and Family Services shall take reasonable measures to
1533 notify a parent or guardian of any non-emergency health treatment or care scheduled for a
1534 child, shall include the parent or guardian as fully as possible in making health care decisions
1535 for the child, and shall defer to the parent's or guardian's reasonable and informed decisions
1536 regarding the child's health care to the extent that the child's health and well being are not
1537 unreasonably compromised by the parent's or guardian's decision.
1538 (v) The Division of Child and Family Services shall notify the parent or guardian of a
1539 child within five business days after a child in the custody of the Division of Child and Family
1540 Services receives emergency health care or treatment.
1541 (vi) The Division of Child and Family Services shall use the least restrictive means to
1542 accomplish a compelling interest in the care and treatment of a child described in this
1543 Subsection (2)(o).
1544 (p) (i) The court may appoint a guardian for the minor if it appears necessary in the
1545 interest of the minor, and may appoint as guardian a public or private institution or agency, but
1546 not a nonsecure residential placement provider, in which legal custody of the minor is vested.
1547 (ii) In placing a minor under the guardianship or legal custody of an individual or of a
1548 private agency or institution, the court shall give primary consideration to the welfare of the
1549 minor. When practicable, the court may take into consideration the religious preferences of the
1550 minor and of a child's parents.
1551 (q) (i) In support of a decree under Section 78A-6-103, the court may order reasonable
1552 conditions to be complied with by a minor's parents or guardian, a minor's custodian, or any
1553 other person who has been made a party to the proceedings. Conditions may include:
1554 (A) parent-time by the parents or one parent;
1555 (B) restrictions on the minor's associates;
1556 (C) restrictions on the minor's occupation and other activities; and
1557 (D) requirements to be observed by the parents or custodian.
1558 (ii) A minor whose parents or guardians successfully complete a family or other
1559 counseling program may be credited by the court for detention, confinement, or probation time.
1560 (r) The court may order the child to be committed to the physical custody of a local
1561 mental health authority, in accordance with the procedures and requirements of Title 62A,
1562 Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and
1563 Mental Health.
1564 (s) (i) The court may make an order committing a minor within the court's jurisdiction
1565 to the Utah State Developmental Center if the minor has an intellectual disability in accordance
1566 with Title 62A, Chapter 5, Part 3, Admission to an Intermediate Care Facility for People with
1567 an Intellectual Disability.
1568 (ii) The court shall follow the procedure applicable in the district courts with respect to
1569 judicial commitments to the Utah State Developmental Center when ordering a commitment
1570 under Subsection (2)(s)(i).
1571 (t) The court may terminate all parental rights upon a finding of compliance with Title
1572 78A, Chapter 6, Part 5, Termination of Parental Rights Act.
1573 (u) The court may make other reasonable orders for the best interest of the minor and
1574 as required for the protection of the public, except that a child may not be committed to jail,
1575 prison, secure detention, or the custody of the Division of Juvenile Justice Services under
1576 Subsections (2)(c), (d), (e), and (f).
1577 (v) The court may combine the dispositions listed in this section if it is permissible and
1578 they are compatible.
1579 (w) Before depriving any parent of custody, the court shall give due consideration to
1580 the rights of parents concerning their child. The court may transfer custody of a minor to
1581 another individual, agency, or institution in accordance with the requirements and procedures
1582 of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
1583 (x) Except as provided in Subsection (2)(z)(i), an order under this section for probation
1584 or placement of a minor with an individual or an agency shall include a date certain for a
1585 review and presumptive termination of the case by the court in accordance with Subsection (6)
1586 and Section 62A-7-404. A new date shall be set upon each review.
1587 (y) In reviewing foster home placements, special attention shall be given to making
1588 adoptable children available for adoption without delay.
1589 (z) (i) The juvenile court may enter an order of permanent custody and guardianship
1590 with an individual or relative of a child where the court has previously acquired jurisdiction as
1591 a result of an adjudication of abuse, neglect, or dependency. The juvenile court may enter an
1592 order for child support on behalf of the child against the natural or adoptive parents of the
1594 (ii) Orders under Subsection (2)(z)(i):
1595 (A) shall remain in effect until the child reaches majority;
1596 (B) are not subject to review under Section 78A-6-118; and
1597 (C) may be modified by petition or motion as provided in Section 78A-6-1103.
1598 (iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
1599 permanent orders of custody and guardianship do not expire with a termination of jurisdiction
1600 of the juvenile court.
1601 (3) In addition to the dispositions described in Subsection (2), when a minor comes
1602 within the court's jurisdiction, the minor may be given a choice by the court to serve in the
1603 National Guard in lieu of other sanctions, provided:
1604 (a) the minor meets the current entrance qualifications for service in the National
1605 Guard as determined by a recruiter, whose determination is final;
1606 (b) the minor is not under the jurisdiction of the court for any act that:
1607 (i) would be a felony if committed by an adult;
1608 (ii) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
1609 (iii) was committed with a weapon; and
1610 (c) the court retains jurisdiction over the minor under conditions set by the court and
1611 agreed upon by the recruiter or the unit commander to which the minor is eventually assigned.
1612 (4) (a) A DNA specimen shall be obtained from a minor who is under the jurisdiction
1613 of the court as described in Subsection 53-10-403(3). The specimen shall be obtained by
1614 designated employees of the court or, if the minor is in the legal custody of the Division of
1615 Juvenile Justice Services, then by designated employees of the division under Subsection
1617 (b) The responsible agency shall ensure that an employee designated to collect the
1618 saliva DNA specimens receives appropriate training and that the specimens are obtained in
1619 accordance with accepted protocol.
1620 (c) Reimbursements paid under Subsection 53-10-404(2)(a) shall be placed in the DNA
1621 Specimen Restricted Account created in Section 53-10-407.
1622 (d) Payment of the reimbursement is second in priority to payments the minor is
1623 ordered to make for restitution under this section and treatment under Section 78A-6-321.
1624 (5) (a) A disposition made by the court pursuant to this section may not be suspended,
1625 except for the following:
1626 (i) If a minor qualifies for commitment to the Division of Juvenile Justice Services
1627 under Subsection (2)(c), (d), (e), or (f), the court may suspend a custody order pursuant to
1628 Subsection (2)(c), (d), (e), or (f) in lieu of immediate commitment, upon the condition that the
1629 minor commit no new misdemeanor or felony offense during the three months following the
1630 day of disposition.
1631 (ii) The duration of a suspended custody order made under Subsection (5)(a)(i) may not
1632 exceed three months post-disposition and may not be extended under any circumstance.
1633 (iii) The court may only impose a custody order suspended under Subsection (5)(a)(i):
1634 (A) following adjudication of a new misdemeanor or felony offense committed by the
1635 minor during the period of suspension set out under Subsection (5)(a)(ii);
1636 (B) if a new assessment or evaluation has been completed and recommends that a
1637 higher level of care is needed and nonresidential treatment options have been exhausted or
1638 nonresidential treatment options are not appropriate; or
1639 (C) if, after a notice and a hearing, the court finds a new or previous evaluation
1640 recommends a higher level of treatment, and the minor willfully failed to comply with a lower
1641 level of treatment and has been unsuccessfully discharged from treatment.
1642 (iv) A suspended custody order may not be imposed without notice to the minor, notice
1643 to counsel, and a hearing.
1644 (b) The court pursuant to Subsection (5)(a) shall terminate jurisdiction over the minor
1645 at the end of the presumptive time frame unless at least one the following circumstances exists:
1646 (i) termination pursuant to Subsection (6)(a)(ii) would interrupt the completion of a
1647 program determined to be necessary by the results of a validated risk and needs assessment
1648 with completion found by the court after considering the recommendation of a licensed service
1649 provider on the basis of the minor completing the goals of the necessary treatment program;
1650 (ii) the minor commits a new misdemeanor or felony offense;
1651 (iii) service hours have not been completed; or
1652 (iv) there is an outstanding fine.
1653 (6) When the court places a minor on probation under Subsection (2)(a) or vests legal
1654 custody of the minor in the Division of Juvenile Justice Services under Subsection (2)(c) or (d),
1655 the court shall do so for a defined period of time pursuant to this section.
1656 (a) For the purposes of placing a minor on probation under Subsection (2)(a), the court
1657 shall establish a presumptive term of probation as specified in this Subsection (6):
1658 (i) the presumptive maximum length of intake probation may not exceed three months;
1660 (ii) the presumptive maximum length of formal probation may not exceed four to six
1662 (b) For the purposes of vesting legal custody of the minor in the Division of Juvenile
1663 Justice Services under Subsection (2)(c) or (d), the court shall establish a maximum term of
1664 custody and a maximum term of aftercare as specified in this Subsection (6):
1665 (i) the presumptive maximum length of out-of-home placement may not exceed three
1666 to six months; and
1667 (ii) the presumptive maximum length of aftercare supervision, for those previously
1668 placed out-of-home, may not exceed three to four months, and minors may serve the term of
1669 aftercare in the home of a qualifying relative or guardian or at an independent living program
1670 contracted or operated by the Division of Juvenile Justice Services.
1671 (c) The court pursuant to Subsections (6)(a) and (b), and the Youth Parole Authority
1672 pursuant to Subsection (6)(b), shall terminate jurisdiction over the minor at the end of the
1673 presumptive time frame unless at least one of the following circumstances exists:
1674 (i) termination pursuant to Subsection (6)(a)(ii) would interrupt the completion of a
1675 court ordered program determined to be necessary by the results of a validated assessment, with
1676 completion found by the court after considering the recommendations of a licensed service
1677 provider or facilitator of court ordered treatment or intervention program on the basis of the
1678 minor completing the goals of the necessary treatment program;
1679 (ii) termination pursuant to Subsection (6)(a)(i) or (6)(b) would interrupt the
1680 completion of a program determined to be necessary by the results of a validated assessment,
1681 with completion determined on the basis of whether the minor has regularly and consistently
1682 attended the treatment program and completed the goals of the necessary treatment program as
1683 determined by the court or Youth Parole Authority after considering the recommendation of a
1684 licensed service provider or facilitator of court ordered treatment or intervention program ;
1685 (iii) the minor commits a new misdemeanor or felony offense;
1686 (iv) service hours have not been completed;
1687 (v) there is an outstanding fine; or
1688 (vi) there is a failure to pay restitution in full.
1689 (d) (i) Subject to Subsection (6)(g), if one of the circumstances under Subsection (6)(c)
1690 exists, the court may extend jurisdiction for the time needed to address the specific
1692 (ii) Subject to Subsection (6)(g), if one of the circumstances under Subsection (6)(c)
1693 exists, and the Youth Parole Authority has jurisdiction, the Youth Parole Authority may extend
1694 jurisdiction for the time needed to address the specific circumstance.
1695 (e) If the circumstance under Subsection (6)(c)(iv) exists, the court, or the Youth
1696 Parole Authority if the Youth Parole Authority has jurisdiction, may extend jurisdiction one
1697 time for up to three months.
1698 (f) Grounds for extension of the presumptive length of supervision or placement and
1699 the length of any extension shall be recorded in the court record or records of the Youth Parole
1700 Authority if the Youth Parole Authority has jurisdiction, and tracked in the data system used by
1701 the Administrative Office of the Courts and the Division of Juvenile Justice Services.
1702 (g) (i) For a minor who is under the supervision of the juvenile court and whose
1703 supervision is extended under Subsection (6)(c)(iv), (v), or (vi), jurisdiction may only be
1704 continued under the supervision of intake probation.
1705 (ii) For a minor who is under the jurisdiction of the Youth Parole Authority whose
1706 supervision is extended under Subsection (6)(c)(iv), (v), or (vi), jurisdiction may only be
1707 continued on parole and not in secure confinement.
1708 (h) In the event of an unauthorized leave lasting more than 24 hours, the supervision
1709 period shall toll until the minor returns.
1710 (7) Subsection (6) does not apply to any minor adjudicated under this section for:
1711 (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
1712 (b) Section 76-5-202, attempted aggravated murder;
1713 (c) Section 76-5-203, murder or attempted murder;
1714 (d) Section 76-5-302, aggravated kidnapping;
1715 (e) Section 76-5-405, aggravated sexual assault;
1716 (f) a felony violation of Section 76-6-103, aggravated arson;
1717 (g) Section 76-6-203, aggravated burglary;
1718 (h) Section 76-6-302, aggravated robbery;
1719 (i) Section 76-10-508.1, felony discharge of a firearm; or
1720 (j) an offense other than those listed in Subsections (7)(a) through (i) involving the use
1721 of a dangerous weapon, as defined in Section 76-1-601, that is a felony, and the minor has been
1722 previously adjudicated or convicted of an offense involving the use of a dangerous weapon.
1723 Section 21. Section 78A-6-903 is enacted to read:
1724 78A-6-903. Guardian Ad Litem Services Account established -- Funding -- Uses.
1725 (1) There is created in the General Fund a restricted account known as the Guardian Ad
1726 Litem Services Account, for the purpose of funding the Office of Guardian Ad Litem, in
1727 accordance with the provisions of Sections 78A-6-901 and 78A-6-902.
1728 (2) The account shall be funded by the donation described in Subsection
1730 Section 22. Section 78A-7-120 is amended to read:
1731 78A-7-120. Disposition of fines.
1732 (1) Except as otherwise specified by this section, fines and forfeitures collected by a
1733 justice court shall be remitted, 1/2 to the treasurer of the local government responsible for the
1734 court and 1/2 to the treasurer of the local government which prosecutes or which would
1735 prosecute the violation. An interlocal agreement created pursuant to Title 11, Chapter 13,
1736 Interlocal Cooperation Act, related to justice courts may alter the ratio provided in this section
1737 if the parties agree.
1738 (2) (a) For violation of Title 23, Wildlife Resources Code of Utah, the court shall
1739 allocate 85% to the Division of Wildlife Resources and 15% to the general fund of the city or
1740 county government responsible for the justice court.
1741 (b) For violation of Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter
1742 18, State Boating Act, the court shall allocate 85% to the Division of Parks and Recreation and
1743 15% to the general fund of the city or county government responsible for the justice court.
1744 (c) Fines and forfeitures collected by the court for a violation of Section 41-6a-1302 in
1745 instances where evidence of the violation was obtained by an automated traffic enforcement
1746 safety device as described in Section 41-6a-1310 shall be remitted:
1747 (i) 20% to the school district or private school that owns or contracts for the use of the
1748 school bus; and
1749 (ii) 80% in accordance with Subsection (1).
1750 (3) The surcharge established by Section 51-9-401 shall be paid to the state treasurer[
1751 and deposited into the General Fund.
1752 (4) Fines, fees, court costs, and forfeitures collected by a municipal or county justice
1753 court for a violation of Section 72-7-404 or 72-7-406 regarding maximum weight limitations
1754 and overweight permits, minus court costs not to exceed the schedule adopted by the Judicial
1755 Council, shall be paid to the state treasurer and allocated to the Department of Transportation
1756 for class B and class C roads.
1757 (5) Revenue allocated for class B and class C roads pursuant to Subsection (4) is
1758 supplemental to the money appropriated under Section 72-2-107 but shall be expended in the
1759 same manner as other class B and class C road funds.
1760 (6) (a) Fines and forfeitures collected by the court for a second or subsequent violation
1761 under Section 41-6a-1713 or Subsection 72-7-409(6)(c) shall be remitted:
1762 (i) 60% to the state treasurer to be deposited in the Transportation Fund; and
1763 (ii) 40% in accordance with Subsection (1).
1764 (b) Fines and forfeitures collected by the court for a second or subsequent violation
1765 under Subsection 72-7-409(6)(d) shall be remitted:
1766 (i) 50% to the state treasurer to be deposited in the Transportation Fund; and
1767 (ii) 50% in accordance with Subsection (1).
1768 Section 23. Section 78A-7-122 is amended to read:
1769 78A-7-122. Security surcharge -- Application -- Deposit in restricted accounts.
1770 (1) In addition to any fine, penalty, forfeiture, or other surcharge, a security surcharge
1771 of [
1772 adopted by the Judicial Council and moving traffic violations.
1773 (2) The security surcharge shall be collected and distributed pro rata with any fine
1774 collected. A fine that would otherwise have been charged may not be reduced due to the
1775 imposition of the security surcharge.
1776 (3) [
1777 state treasurer and distributed to the Court Security Account created in Section 78A-2-602.
1778 (4) Thirty-two dollars of the security surcharge shall be allocated as follows:
1779 (a) the assessing court shall retain 20% of the amount collected for deposit into the
1780 general fund of the governmental entity; and
1781 (b) 80% shall be remitted to the state treasurer to be distributed as follows:
1782 (i) 62.5% to the treasurer of the county in which the justice court which remitted the
1783 amount is located;
1784 (ii) 25% to the Court Security Account created in Section 78A-2-602; and
1785 (iii) 12.5% to the Justice Court Technology, Security, and Training Account created in
1786 Section 78A-7-301.
1787 (5) The court shall remit money collected in accordance with Title 51, Chapter 7, State
1788 Money Management Act.
1789 Section 24. Repealer.
1790 This bill repeals:
1791 Section 51-9-403, EMS share of surcharge -- Accounting.
1792 Section 51-9-404, Crime Victims Reparations Fund -- Public Safety Support
1793 Account -- Distribution of surcharge amounts.
1794 Section 51-9-405, Substance Abuse Prevention Account established -- Funding --
1796 Section 51-9-406, Victims of Domestic Violence Services Account established --
1797 Funding -- Uses.
1798 Section 51-9-407, Intoxicated Driver Rehabilitation Account share of surcharge.
1799 Section 51-9-409, Guardian Ad Litem Services Account established -- Funding --
1801 Section 51-9-410, Statewide Warrant Operations Account -- Share of surcharge --
1803 Section 62A-15-502.5, Intoxicated Driver Rehabilitation Account -- Created.
1804 Section 25. Appropriation.
1805 Section 1. FY 2021 Appropriations. The following sums of money are appropriated
1806 for the fiscal year beginning July 1, 2020, and ending June 30, 2021. These are additions to
1807 amounts previously appropriated for fiscal year 2021.
1808 Subsection (1)(a). Operating and Capital Budgets. Under the terms and conditions of
1809 Title 63J, Chapter 1, Budgetary Procedures Act, the Legislature appropriates the following
1810 sums of money from the funds or accounts indicated for the use and support of the government
1811 of the state of Utah.
1812 ITEM 1
1813 To Office of the Attorney General -- Prosecution Council
1814 From General Fund
1815 From Public Safety Support Account
1816 Schedule of Programs:
1817 Prosecution Council (59,500)
1818 Under Sections 63J-1-602.1 and 63J-1-603, the Legislature intends that any unspent
1819 funds remaining in the Public Safety Support Account not lapse at the close of fiscal year 2020.
1820 Unused funds are to be used to supplement the costs of the program funded by the Public
1821 Safety Support Account.
1822 ITEM 2
1823 To Courts -- Administration
1824 From General Fund
1825 From Substance Abuse Prevention Account
1826 Schedule of Programs:
1827 Juvenile Courts (161,700)
1828 Under Sections 63J-1-602.1 and 63J-1-603, the Legislature intends that any unspent
1829 funds remaining in the Substance Abuse Prevention Account not lapse at the close of fiscal
1830 year 2020. Unused funds are to be used to supplement the costs of the program funded by the
1831 Substance Abuse Prevention Account.
1832 ITEM 3
1833 To Courts -- Guardian Ad Litem
1834 From General Fund
1835 From Guardian Ad Litem Services Account
1836 Schedule of Programs:
1837 Guardian Ad Litem (110,500)
1838 ITEM 4
1839 To Department of Health -- Family Health and Preparedness
1840 From General Fund
1841 From Dedicated Credits
1842 Schedule of Programs:
1843 Emergency Medical Services and
1844 Preparedness (2,296,200)
1845 Emergency Medical Services Grants 2,296,200
1846 ITEM 5
1847 To Department of Human Services -- Division of Child and Family Services
1848 From General Fund
1849 From Victims of Domestic Violence Service Account
1850 Schedule of Programs:
1851 Domestic Violence (1,100)
1852 Under Sections 63J-1-602.1 and 63J-1-603, the Legislature intends that any unspent
1853 funds remaining in the Domestic Violence Services Account not lapse at the close of fiscal year
1854 2020. Unused funds are to be used to supplement the costs of the program funded by the
1855 Domestic Violence Services Account.
1856 ITEM 6
1857 To Department of Human Services -- Division of Substance Abuse and Mental Health
1858 From General Fund
1859 From Intoxicated Driver Rehabilitation Account
1860 Schedule of Programs:
1861 Driving Under the Influence (DUI) Fines (269,900)
1862 Under Sections 63J-1-602.1 and 63J-1-603, the Legislature intends that any unspent
1863 funds remaining in the Intoxicated Driver Rehabilitation Account not lapse at the close of fiscal
1864 year 2020. Unused funds are to be used to supplement the costs of the program funded by the
1865 Intoxicated Driver Rehabilitation Account.
1866 ITEM 7
1867 To Department of Public Safety -- Bureau of Criminal Identification
1868 From General Fund
1869 From Statewide Warrants Operations Account
1870 Schedule of Programs:
1871 Law Enforcement/Criminal Justice Services (346,300)
1872 Under Sections 63J-1-602.1 and 63J-1-603, the Legislature intends that any unspent
1873 funds remaining in the Statewide Warrants Operations Account not lapse at the close of fiscal
1874 year 2020. Unused funds are to be used to supplement the costs of the program funded by the
1875 Statewide Warrants Operations Account.
1876 ITEM 8
1877 To Department of Public Safety -- Peace Officers Standards and Training
1878 From General Fund
1879 From Public Safety Support Account
1880 Schedule of Programs:
1881 Basic Training (456,800)
1882 POST Administration (411,900)
1883 Regional/Inservice Training (208,600)
1884 Under Sections 63J-1-602.1 and 63J-1-603, the Legislature intends that any unspent
1885 funds remaining in the Public Safety Support Account not lapse at the close of fiscal year 2020.
1886 Unused funds are to be used to supplement the costs of the program funded by the Public
1887 Safety Support Account.
1888 ITEM 9
1889 To Governor's Office -- Commission on Criminal and Juvenile Justice
1890 From General Fund
1891 From Crime Victim Reparations Fund
1892 ITEM 10
1893 To Governor's Office -- Commission on Criminal and Juvenile Justice
1894 From General Fund
1895 From Law Enforcement Operations Account
1896 Schedule of Programs:
1897 State Task Force Grants (171,100)
1898 Under Sections 63J-1-602.1 and 63J-1-603, the Legislature intends that any unspent
1899 funds remaining in the Law Enforcement Operations Account not lapse at the close of fiscal
1900 year 2020. Unused funds are to be used to supplement the costs of the program funded by the
1901 Law Enforcement Operations Account.
1902 ITEM 11
1903 To Governor's Office -- Commission on Criminal and Juvenile Justice
1904 From Law Enforcement Services Account
1905 Schedule of Programs:
1906 Law Enforcement Services Grants (617,900)
1907 Under Sections 63J-1-602.1 and 63J-1-603, the Legislature intends that any unspent
1908 funds remaining in the Law Enforcement Services Account not lapse at the close of fiscal year
1909 2020. Unused funds are to be used to supplement the costs of the program funded by the Law
1910 Enforcement Services Account.
1911 ITEM 12
1912 To State Board of Education -- State Administrative Office
1913 From General Fund
1914 From Substance Abuse Prevention Account
1915 Schedule of Programs:
1916 Student Support Services (102,600)
1917 Under Sections 63J-1-602.1 and 63J-1-603, the Legislature intends that any unspent
1918 funds remaining in the Substance Abuse Prevention Account not lapse at the close of fiscal
1919 year 2020. Unused funds are to be used to supplement the costs of the program funded by the
1920 Substance Abuse Prevention Account.
1921 Subsection 1(b). Expendable Funds and Accounts. The Legislature has reviewed the
1922 following expendable funds. The Legislature authorizes the State Division of Finance to
1923 transfer amounts between funds and accounts as indicated. Outlays and expenditures from the
1924 funds or accounts to which the money is transferred may be made without further legislative
1925 action, in accordance with statutory provisions relating to the funds or accounts.
1926 ITEM 13
1927 To Governor's Office -- Crime Victims Reparations
1928 From General Fund
1929 From Dedicated Credits
1930 Section 26. Effective date.
1931 This bill takes effect on July 1, 2020.